CENTRAL CRIMINAL COURT
TENTH SESSION, HELD AUGUST 19TH, 1867.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
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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, August 19th, 1867, and following days,
BEFORE THE RIGHT HON. SIR THOMAS GABRIEL , Bart., LORD MAYOR of the City of London; Sir GEORGE WILSHIRE BRAMWELL , Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir JOHN MELLOR , Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir William Shee, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; THOMAS CHALLIS , Esq., THOMAS QUESTED FINNIS , Esq., WILLIAM LAWRENCE , Esq., M.P., Aldermen of the said City; the Right Hon. RUSSELL GURNEY , Q.C., M.P., Recorder of the said City; JAMES CLARKE LAWRENCE , Esq., ROBERT BESLEY , Esq., SILLS JOHN GIBBONS , Esq., ANDREW LUSK , Esq., M.P., Aldermen 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. TENTH 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 mime in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, August 19th. 1866.
Before Mr. Recorder.
ERNEST ALERS HANKEY. I am manager to Thomas Southey, wool broker, of 23, Coleman Street, City—the prisoner has been a clerk in the service for nearly twenty years—on or about 29th November the prisoner brought me this cheque for 59l. 4s. 10d.—the words "Please pay cash" were not then upon it—I asked him what it was for, and it was represented to me as being a balance due to Mr. Foster in respect of an over remittance—Mr. Foster is one of our wool buyers at Bradford—upon that explanation I signed the cheque and gave it back—it was the prisoner's duty to take care that it went into Mr. Foster's hands—the words "Please pay cash" are in the prisoner's writing—I did not give him any authority to do that—he was joint cashier with another clerk named Hammond, who is Since dead.
Cross-examined. Q. Was he joint cashier, or was he in a subordinate position? A., For the last two years they were joint cashiers, Hammond had been longer in the service, and had a larger salary; that was the only distinction between them—I have stated that Hammond was the prisoner's superior, but I added words which were not taken down, "if a longer service and a larger salary constitute superiority—I don't know that the prisoner was in the habit of doing whatever Hammond desired him—it was in the ordinary course of business to bring me a cheque to sign—Hammond died about two months after this—the counterfoils are here,
and the cash-book—the counterfoil of this cheque is in the prisoner's writing—all these counterfoils except two are in the prisoner's writing—one of those for 35,000l. is in Hammond's writing, and another for 1000l. in Mr. Southey's—the figures 269 on the counterfoil of the 59l. cheque are in Hammond's writing; that refers to the folio in the cash-book I should say—it is entered in the cash-book by Hammond and ticked off—it is a debt of 59l. 4s. 10d. to Foster—the date is given correctly, the same day as the cheque was drawn—Hammond might direct the prisoner to fill up a cheque to get signed—since Hammond's death we have found certain irregularities in his accounts.
SMITH LAMMING. I am cashier to Messrs. Prescott, Grote, and Co., bankers, in Threadneedle Street—Mr. Thomas Southey keeps an account there—on 29th November I paid this cheque for 59l. 4s. 10d.—at that time I have no doubt the words "Please pay cash" were written across it—I don't remember to whom I paid it—I have a memorandum here of the manner in which I paid it; it was in ten 5l. notes, numbers 83351 to 83360 inclusive, the rest in gold and silver—these produced are three of the notes—I have the book here in which the numbers are entered—I cannot tell whether I paid the cheque to anybody in Mr. Southey's employ—I did not know the handwriting of the words "Please pay cash"—that and the filling up of the cheque appear to be in one handwriting—in the ordinary course of business the words "Please pay cash" ought to have been initialed.
MR. HANKEY (re-examined. The writing on the back of two of these notes is the prisoner's.
JOHN GAWLER. I am a hairdresser, of 10, Great Swan Alley, Moorgate Street—I know the prisoner as a customer—I have a faint recollection of changing a 5l. note for him—I paid some rent to my landlord, Mr. Brydon, at the latter end of January—I can't say positively whether I paid him a 5l. note, very probably I did.
RICHARD ADYE BAILEY. I am a clerk in the Bank of England—I produce ten 5l. Bank of England notes, numbers 83351 to 83360—83353 was paid in on 19th March, 1867; 83355 on 1st December, 1866; and 83360 on 17th January, 1867.
JOSEPH FOSTER. I am a wool merchant, of Bradford, Yorkshire—I have had transactions with Messrs. Southey in buying wool—the account for the September wool sales was closed before November, 1866—the next transaction was not till December—I have never received the amount of this cheque.
The COURT was of opinion, upon this evidence, that there was no larceny.
716. MARTIN MINNS was again indicted for feloniously forging and uttering an order for the payment of 59l. 4s. 10d., with intent to defraud. MR. MONTAGU WILLIAMS conducted the Prosecution, and MR. RIBTON the Defence.
Cross-examined. Q.. observe that the crossing of the cheque is printed? A. it is so—they are all so—it is not unusual when we want ready money to put the words "Please pay cash"—I should think Hammond was sometimes in the habit of doing that—a great number of cheques were brought to me by the prisoner in the same way that month; they are here—the
figures referring to the folio are apparently all in Hammond's writing, and the filling up of a great many are in the prisoner's writing—on some of them there is "Please pay cash," but they are all initialed, some by myself and some by Mr. Southey—there is a prompt invoice book—if this was a genuine transaction that book would show it—there is no such entry in it—all the names in this book are in Hammond's writing, and I should think most of the figures.
The evidence of Smith Lamming and Richard Adye Bailey and Joseph Foster was read over and assented to.
JOHN MARK BULL (City Detective. Between eight and nine o'clock on 6th June I took the prisoner into custody at Buckhurst Hill, Essex—I read the warrant to him that I held, which charged him with stealing an order for 59l. 4s. 10d.—he said, "I never stole an order; if I have done any wrong I have been the victim of another man who is dead; he used to come screwy if a morning to the office, and I used to sign papers for him."
Cross-examined. Q. What is the meaning of screwy? A.. should say getting tipsy—he did not say he used to sign cheques for him, he said "papers."
Witnesses for the Defence.
CHARLES ROWBOTHAM. I am in the service of Messrs. Southey—I knew Hammond—he was understood to be cashier, and the prisoner assisted him—they both did the same work—no doubt the prisoner would fill up cheques and papers if instructed to do so by Hammond—I have no knowledge of his having actually done so—I noticed that Hammond was frequently in the habit of coming in the morning in a very nervous state like a man who had been drinking over night—I have no knowledge of Hammond requesting the prisoner to do things for him, but I have no doubt such things have happened—I know that the clerks in the office have borrowed money of one another.
Cross-examined. Q. For the last two years did Hammond and the prisoner act jointly as cashiers? A. they did—they did the same work.
ROBERT BLENCOE. I have been in the office of Mr. Southey between eight and nine years—I knew Hammond—I was occasionally in the same office with him and the prisoner—Hammond acted as the prisoner's superior up to about two years ago; since then they assisted together—I have known of Hammond asking the prisoner to do such things as fill up papers and cheques—I saw Hammond's son come and open his father's desk and take away his papers; that may have been a month after his father's death—I saw papers taken away, and I left him doing so with a messenger of ours—he cleared out the desk.
MR. HANKEY (re-examined. There are defalcations in which Hammond and two other clerks are implicated—we do not know to what extent they implicate Hammond and Hammond only.
MR. OPPENHEIM conducted the Prosecution.
JOHN BRADBURY. I reside at 25, Charles Street, Hull, and am parish clerk at Scullcoats Church there—I was so on 14th August, 1859—I produce a certificate of marriage—I have examined it with the register; it is a true copy—I was present at the marriage of the prisoner with the person mentioned in this certificate, I have seen her here this morning. (This certified the marriage of Edmund Martindale, bachelor, and Jane Anne Bagley, spinster, on 14th August, 1859..
Prisoner. Q. You very easily recognised me at Bow Street? A. Yes—I did not recognise you by your moustache or beard, or by anything in particular.
HENRY DORSET. I am a watchmaker at Epsom—on 9th March, 1867, I was present at the church of St. Martin's-in-the-Fields—my sister, Maria Dorset, was married to the prisoner in my presence—I was one of the attesting witnesses—I produce the certificate, I did not examine it with the register.
WILLIAM DORSET. I live in Church Street, Epsom, and am a coachman in the employ of Robert Carter, Esq., a Magistrate for Surrey—I first became acquainted with the prisoner about sixteen months ago—I received this letter from him—after receiving it I consented to his marriage with my daughter; I made inquiries first—I was not present at the marriage—after the marriage they resided at Dartford—before the marriage I spoke to the prisoner about his friends; he said they were living in the north, but he would not give me the address of his father—on 28th June, after making inquiries, I went to Dartford and saw the prisoner—I accused him of having another wife living in Yorkshire, and a child—he said first of all he had not, he afterwards confessed that he had a wife and child in Yorshire, but it was not a legal marriage; that was after I told him I had letters in my pocket—at the time he applied to me for ray consent he did not tell me that he had ever been married before—after admitting that he had a wife he child, I gave him the opportunity of going away, if he liked, with his tools, and I would pay his fare to France, as I did not want the affair made public—at first he said he would go, and said it was very kind of us to allow him; he afterwards refused, and I then gave him in charge.
Prisoner. Q. Did I state to you my reasons for saying my marriage was illegal? A. Yes, that your wife was married as Jane Ann Bagley, and her Christian name was Jane—when I took you to the station the superintendent said it was out of his district, but he would detain you if I thought you would run away—I thought you would not run away—next morning I gave you in charge at Scotland Yard—I knew of your marriage about four weeks previous to giving you in charge—I had my daughter to visit me the week previous for live days; I did not mention anything to her about it—my wife wrote to you—I heard from my daughter that you lived happily together, but of course I would not let her live in this way.
Prisoner. Q. Did you not know I was a married man previous to our marriage? A. Yes, five months before—I did not mention it to anyone—I did not tell my mistress that I was going to be married, nor did I tell my fellow servants—this prosecution is very much against my will.
MR. OPPENHEIM. Q. Who told you the prisoner was a married man before you married him? A. he told me himself—I did not tell my parents, because I knew they had no control over me at my age, and I thought perhaps they might put a stop to the wedding; he said he considered it was an illegal marriage—I had then been engaged to him about four or five months. (The letter from the prisoner was dated 28th June. 1866, and was an application for consent to his marriage with the witness..
Prisoner. Q. Did not we discuss the matter, whether it was legal or not? A. Yes; you said it was illegal, but you could not be certain whether it was or not.
JAMES LAMB. I am a pianoforte maker, and work in Store Street, Tottenham Court Road—I knew the prisoner and his first wife, they were living together two years ago last March, to my knowledge, in Charlotte Street, Fitzroy Square; he had a child then.
The prisoner in his defence stated that he was married to his first wife when only twenty-one years of age, that he teas treated by her with contempt and neglect, and that, as she was married only in one Christian name, he believed the marriage to be illegal. The prisoner received a good character.
GUILTY.— Twelve Months' Imprisonment.
MR. SLEIGH conducted the Prosecution.
After the case had commenced the prisoner stated his wish to retract his plea, and Plead Guilty, and the Jury accordingly, upon his statement, found him. GUILTY.*— Five Years' Penal Servitude.
MR. LILLEY conducted the Prosecution, and MR. STRAIGHT defended Bennett.
JOHN WILLIAMS. I live at 58, Lesada Street, Old Ford, Bow—I was a passenger on board the Orion. a British ship sailing under British colours, bound from Antwerp to London—the prisoners were passengers on board the same ship—on the afternoon of 21st July I was awoke by Robert Smith, when on board the ship; she was at that time out at sea—he asked me to pay my passage; when I got up for the purpose of paying it I missed my purse out of my pocket—there was 15l. 16s. in it when I last saw it, at three o'clock, when I lay down in the cabin; it was then in my right-hand trousers pocket—when Smith awoke me I had my trousers on—the money was all in gold, fourteen sovereigns, two half-sovereigns, and 16s. in silver; I could speak to one half-sovereign—I never saw my purse afterwards.
Cross-examined. Q. Had you been drinking a little before you came on board? A. Yes—I was a little the worse for it—I went into the fore-cabin to lay down—there were a great many passengers on board—the steward was there then, and also when I woke—I know I had my money when I lay down.
WILLIAM BROOKS. I am a fireman on board the Orion steamer—on the voyage from Antwerp to London, about four miles from Flushing, I had occasion to go to the watercloset, and while there the two prisoners came there; they tried the compartment I was in—I told them to go to the next one, and as they were there I looked through a hole to see what they were doing; one was outside and one in, and I saw them exchange some money—I saw Bennett with a purse—I did not see where he took it from or what he did with it—this was between three and four in the afternoon—I could not say what sort of money it was; it was gold.
JOHN ATTWELL (Thames Policeman 42). On 22nd of July, between eight and nine in the morning, I was called on board the Orion. I searched Bennett and found on him five gold napoleons and six francs—I also found 7l. 10s. stowed away in his cap, in English money, after I had searched him three or four times.
Cross-examined. Q. Did he not say something about his having had
some money given him? A. not till after I had done searching him; he said it was brandy money—before I saw the fireman I asked him, "Are you sure you have no more money? "and he said, "No, so help me God"—I put my hand on his cap and found a lump, and there found this 7l. 10s. sewed up in the lining.
WILLIAM MARSHALL (Thames Policeman 17). I went in company with last witness on 21st July on board the Orion. I asked Paterson if he had any of the missing money on his person—he said, "No"—I searched him and found 3l. 2s. 4 1/2d. in English money—he said that was all he had—I searched his cap and every part about him.
BENNETT— GUILTY. — Nine Months' Imprisonment. PATERSON— GUILTY.— Eight Months' Imprisonment.
MR. CARTER conducted the Prosecution, and MR. WILLIAMS defended Wells.
WILLIAM GREEN (City Policeman. On 18th July, about half-past ten, I was in Cheapside along with Obey, another officer, and saw the two prisoners, in company with seven or eight others, at the corner of King Street, leading to Guildhall—I saw Smith go up to a young man who wee standing there, and take hold of his watch-chain—the young man saw bin do it, and got away as quickly as he could—I then saw the two prisoners with the others surround a lady and gentleman who were endeavouring to get across from Cheapside towards Cannon Street—I saw Smith go in the front of the gentleman, Mr. Dudley, and take hold of his watch-chain, and draw from his waistcoat pocket this watch—Wells was standing behind him, and the others were regularly surrounding the lady and gentleman, and preventing them from crossing the road—at that time there was a great crush, just as the Sultan left Guildhall, and we were pushed about—I saw Smith leave the gentleman—I forced my way to him and seized both his hands and took from his left hand this watch—Wells left, and went and leaned up against the wall—I told Smith that I was an officer and should take him into custody—in going to the station I took from the waistband of his trousers a meerschaum pipe, a wooden pipe, and a silk handkerchief—the other officer took Wells—Wells was close to Smith when he took the watch.
Cross-examined. Q. Has this at the time the Sultan left Guildhall? A. Yes, there were a great number of people about.
Smith. He took the watch from the gentleman, and then pulled hold of me. Witness.. took the watch from the prisoner.
JAMES DUDLEY. I am an architect, of Ironmonger Lane, Cheapside—this is my watch, I can swear to it—I was wearing it on the night of 18th July when the Sultan visited the City—I was not conscious of my loss till my attention was called to it by the detective—I then found the chain hanging down; the bow of the watch was broken, but the hook was not injured—the watch is worth about 20l.
SAMUEL OBY (City Policeman. I was on duty in plain clothes with Green in Cheapside—I saw the prisoners there, we were watching them for some time—I saw a lady and gentleman come from Lawrence Lane towards King Street—I saw the prisoners follow them up—Smith got in front of the gentleman, and stood there looking up in his face, with both his hands up, and Wells at his side; there were eight or nine together, so
that they could not get any further; in consequence of what Green said to me I took Wells into custody and took him to the station—on going there he said." I have not got the watch, the boy has got it".
The Prisoners' Statements before the Magistrate:—Wells. "I know nothing at all about it." Smith; I did not take the watch; I had it not in my hand."
WELLS received a good character. NOT GUILTY.
SMITH— GUILTY.— Two Months' Imprisonment, and Three Years in the Boy's Home at Wandsworth.
NEW COURT.—Monday, August 19th 1867.
EDWARD HENRY PAGE. I assist my father, who keeps the Coach and Horses, High Street, Shadwell—on 3rd August, between nine and ten at night, I served the prisoner with a returned it to him; he said that he got it from Mr. Levy, of Well Street—His friend paid for the cigar.
Prisoner.. do not use tobacco or cigars; I gave you florin for a pot of beer.
THOMAS YOUNG FITCH. I am in the employ of Mr. Hagmaier, a butcher of St. George Street—on 5th August, about 12.30 or one o'clock, I served the prisoner with 11b. of sausages, which came to 5d.—he gave me a bad half-crown; I gave it to my master, who gave him in custody.
Prisoner. my master, Mr. Morris, of High Street, Shadwell, Paid me 5s. 6d. the day before.
Prisoner's Defence. it is very hard that I should be punished when this man gave me the money.
GUILTY. He was further charged with a previous conviction of a like offence at this Court in September, 1865; to this he PLEADED GUILTY.**— Eight years' Penal Servitude.
MESSRS. COLERIDGE and STRAIGHT conducted the Prosecution.
EDWARD BELL. I am assistant to Alfred Henry Bell, of the Balmoral Castle, Pimlico—on 1st July I served the prisoner with half a pint of porter; he gave me a half-crown, I bent it in five places, and told him it was bad—he said that he did not know it, he took it in change for a 5s. piece; I kept it—he threw down a penny and walked out—I followed him to Bridge Road, Battersea, where he went into Mrs. Taylor's, a linendraper's; he then came out and went into Mrs. Nichols's, the tobacconist's—I went in and gave him in charge with the half-crown—he said that he had not been to my place, and knew nothing about it.
Prisoner. Q. Did not you say you saw me on the road with another man? A. Yes, and saw something pass between you—I did not see the shilling, I believe you swallowed it.
GEORGINA SMITH. I am assistant to Mrs. Taylor, who keeps a general shop at Bridge Road, Battersea—on 1st July, about six p.m., the prisoner came for a ball of worsted, which came to a half penny—he gave me a bad shilling, I bent it with my teeth—he said he got it in change at a publichouse—I gave it back to him and he left.
CLARINDA MITCHELL. I keep a tobacconist's shop at 10, Bridge Road, Battersea—on 1st July, about six o'clock, the prisoner came for a pennyworth of tobacco, and gave me a shilling; I tried it with my teeth, and told him it was bad—he said that he was very sorry, he took it next door, and gave me a penny—I told him to go back and change it—Bell then came in and said, "You have been passing bad money all day, I have been watching you; I shall keep you here till the police come"—he was given in custody.
Prisoner. Q. Did you give me the shilling back? A. Yes; I am sure it was a shilling.
JAMES SAUNDERS (Policeman 116 B). I took the prisoner and asked him where the shilling was—he said that he had chucked it away—I found on him 6d. in copper and two good sixpences—I received this half-crown (produced. from Bell.
Prisoner. Q. Did not I tell you it was tobacco I threw away, as it was no use my taking it to the station? A. No; you said it was tobacco that you swallowed, and that you threw the shilling away.
Prisoner's Defence.. changed a crown in a public-house and received the half-crown.
GUILTY.— Twelve Months' Imprisonment.
726. JOHN NORMAN (29), ELIZABETH NORMAN (27), LYDIA HAMILTON (28), and ANN HAMILTON (20) were indicted for a like offence, to which John Norman PLEADED GUILTY. Mr. COLERIDGE,for the Prosecution offered no evidence against the female prisoners. NOT GUILTY.
The prisoners were again indicted for a similar offence. No evidence was offered against the female prisoners.. NOT GUILTY. JOHN NORMAN PLEADED GUILTY..— Two Years' Imprisonment.
MESSRS. COLERIDGE and STRAIGHT conducted the Prosecution.
THOMAS WEBB. I am a brass cock finisher in the employ of Mr. Howard, an engineer, of Whitecross Street—on 4th July, about two o'clock, I was with Dingley in the workshop overlooking Charity Court—I saw the prisoner come up the steps, put his hand in his pocket, and pull out something wrapped in paper; he wrapped it in something black, and stooped and put it under the wall; he then walked down the steps and walked on towards Whitecross Street—Dingley and I then ran to the place and found a rag; we opened it, and found nine bad shillings wrapped separately in paper—we went to the window again a quarter of an hour afterwards, and saw a man similar to the one who came before; when he got to the hole he stooped down and seemed surprised; he then stooped and felt the hole again—Dingley ran down and I followed him and found the prisoner; he had a bundle of rope over his shoulder—I looked for a policeman, but could not find one and came back—the man who put something in the hole had something over his shoulder, and so had the prisoner.
WILLIAM GIBSON (Policeman 242 G). On 4th July Dingley told me something, and I stopped the prisoner fifty yards from the spot, and Dingley gave me nine bad shillings; the prisoner said that he knew nothing about them, he was not in the court—I found on him 9d. in copper and 6d. in silver—he was carrying these sacks over his back.
Cross-examined. Q. Have you made inquiries about him? A. Yes, but found nothing bad of him.
The prisoner received a good character.
MR. COLERIDGE conducted the Prosecution, and MR. LEWIS the Defence.
JANE HUTCHINS. I am the wife of Thomas Hutchins, of 191, Great Portland Street, a tobacconist—the prisoner came there about six weeks ago for an ounce of bird's-eye, which came to 4d.—she gave me a half-crown—I tried it with my teeth, and found it was soft—I gave it back to her—she said, "It is not bad," and went out of the shop with it, leaving the tobacco on the counter—on 23rd July she came again for one ounce of tobacco, and gave me a bad shilling—I knew her directly—my husband gave her in custody with the shilling.
THOMAS APPLEBY (Policeman 47 E). I took the prisoner and received this shilling—the female searcher at the station handed me a good half-crown and twopence, found on her—I told the prisoner the charge—she said, "No; I hope you will not lock me up, for I am a highly respectable woman, and it will sadly disgrace my friends."
Cross-examined. Q. Did not she say that she had been in the shop before for tobacco, but had not passed bad money? A. Yes.
MESSRS. COLERIDGE and STRAIGHT conducted the Prosecution, and MR. BESLEY the Defence.
JOSEPH MCQUIRK. I am getting on for ten years old, and live with my father at 194, Ebury Street, Pimlico—on 2nd August I was at the corner of King Street, Pimlico—the prisoner called me across and said, "My
little boy, will you go and get me a pennyworth of biscuits, and I will give you a halfpenny when you oome back"—he gave me a shilling, and told me to go to the first baker's, which was about five doors away—I did so—the shilling was bad, and Mr. Gibbs bent it and called a policeman, who came across, and from what he said I went to the place where the prisoner gave me the shilling, and he was not there; I saw him standing at the corner of King Street—I told him it was bad, and that the policeman wanted him—he ran away—I had seen him before, and knew him by the swelling on his neck.
Cross-examined. Q. Were there any gas-lights in the public-houses? A. No—I spoke to no man but the prisoner—the policeman took me to the station next day, and I saw the prisoner sitting with other men—the policeman said, "Is that the man? "—I said, "Yes"—I had mentioned the mark on his neck to Arthur Alwood before I went to the station.
MR. COLERIDGE. Q. How many other men were there at the station? A. about ten—the prisoner was sitting down with the others, and I pointed him out.
ARTHUR ALWOOD. I am getting on for thirteen years old, and live with my father in Ebury Street—I have known McQuirk some time—I saw him by Short's public-house, and saw the prisoner cross the road, speak to him, and give him something—the prisoner then went down King Street, and stood by Child's umbrella shop—about five minutes afterwards I saw McQuirk go towards him with a policeman—I had known the prisoner a goodish while—he gave me a bad half-crown—I went to the baker's with it—the baker broke it, and I went and told the prisoner it was bad—he said, "Never mind"—I took it home and gave it to my mother, who put it in the fire and it all rolled down.
Cross-examined. Q. You know the prisoner by nothing but his neck? A. No—I do not know what month this was in, or whether it was before or after Christmas—I had seen him pass once or twice since, but not to look at him long—I saw him next night at the station, at ten o'clook, leaning against the seat; he was not sitting down.
MR. COLERIDGE. Q. Did McQuirk and you go in together? A. Yes—there were other men at the station, policemen.
JOHN CLARK (Policeman 144 B). On 2nd August I was called to Mr. Gibbs's shop, and he gave me this shilling—McQuirk was there—I went down King Street with him, and saw the prisoner standing at the corner of Prince's Row and King Street, and heard him say, "Here is a policeman coming, it is a bad job"—he immediately ran down Prince's Row—I ran to the other end, but did not meet him—I found him in Queen's Road next night, four or five yards from where this occurred—I told him I should take him for uttering a bad shilling to a boy in Ebury Street—he said, "I do not deal in bad shillings"—I fetched the two boys to the station—the prisoner was sitting on the other side of the reserve man with a constable in plain clothes.
Cross-examined. Q. Did he over tell you he had come from Liverpool, and been an out-patient of Westminster Hospital? A. No.
GUILTY.— Twelve Months' Imprisonment.
730. WILLIAM CRAUFORD (25) PLEADED GUILTY to unlawfully having counterfeit coin in his possession, with intent to utter it.— Two Years' Imprisonment. and WILLIAM HUNT (58), to stealing a ring, the property of Thomas Johnson and another.— Three Months' Imprisonment.
OLD COURT.—Tuesday, August 20th. 1867.
Before Mr. Recorder..
MESSRS. METCALFE and BESLEY conducted the Prosecution. MESSRS. LILLEY and STRAIGHT appeared for Brashier, and MR. GIFFARD, Q.C.,with MR. SLEIGH,for Heath.
The indictment consisted of seventeen Counts, and before plea MR. GIFFARD applied that certain of the Counts might be quashed, or the prosecution be called upon to elect upon which they would proceed. He supported his application by reference to the cases of Reg. v. Terry and Burch, Sessions Paper, Vol. 61, p. 648; Reg. v. Braun and Kortoske, Sessions Paper, Vol. 56, p. 819; and Reg. v. Barry, Sessions Paper, Vol. 62, p. 148; in the result his objection was limited to the seventeenth Count, and as MR. METCALFE intimated an intention not to proceed upon that count, the defendants were only called upon to plead to the first sixteen Counts.
THOMAS ALFRED MANNERS. I am clerk and record keeper in the Court of Mr. Commissioner Holroyd, in the Court of Bankruptcy in London—I produce the proceedings in the bankruptcy of Edward John Brashier, his petition to be adjudicated a bankrupt is dated 20th July, 1866—he describes himself as an accountant and money-lender—the adjudication was on the same day—I produce a statement of accounts filed by him on 20th October, 1866—on the face of that account the creditors unsecured appear at 1367l. 13s. 8d.; creditors to be paid in full, 22l. 5s.; total, 1389l. 18s. 8d.—on the credit side of the account there are no good debtors, doubtful 193l., bad 183l. 14s. 6d., total 376l. 14s. 6d.—those are the only assets disclosed, showing a deficiency of 1013l. 4s. 2d.—there is a memorandum "Amount of expenditure for support of myself and family for the year next immediately preceding my bankruptcy, about 303l.; ditto for previous year, 300l."—I find the names of Messrs. Edgley and Aylett amongst the unsecured creditors—the first name is Andrew Henry, of Hounslow, bill discounter, 62l. 10s., against which is "Memorandum, this creditor holds a bill of exchange drawn by me on Mr. Dawes"—the second name is Dollimore Henry, 15, Baker Street, wine merchant, 17l. 8s. 8d.; then there is Mr. England, P.N., Somer's Town, money-lender, 430l.; Edgiey and Aylett, auctioneers, 80l.; "May and Morgan—"These creditors hold promissory note made by Miss Upham in my favour for 15l."—under the head of "property in possession, cash, bills of exchange, promissory notes, or securities of any description," there are "certain bills of exchange, all overdue, which have been handed over to the official assignee—household goods and furniture at 14, Portsdown Road, Maida Vale, which are settled by deed upon my wife, by arrangement since taken possession of by the trade assignee"—"policies of insurance either on my own life or that of any other person or persons in which I have any interest, none"—there is no list of the bills
of exchange given up to the assignees—there is a statement of a promissory note of 25l. of Miss Upham in the hands of Edgley and Aylett—there is no other 25l. note of Miss Upham's mentioned in the accounts—there is no note of 8l. 10s. of Miss Upham's mentioned, nor any note of a bill of 6l. 6s. of Mr. Oliver's, or any acceptance of his—there is no mention of a bill of Futvoye's of 62l. 10s.—there is a detailed account of the 193l. doubtful debts, as regards Frederick Futvoye, and there are six names returned under the head of "bad," amounting to 183l.
Cross-examined by MR. LILLEY. Q. Throughout the account to which you have referred are there any trade debts set out? A. not any, they are all for money lent.
HENRY POLLARD JOHNSON. I am cashier at the Connaught Terrace branch of the Provincial Banking Company—I produce the books relating to the account of Brashier and Heath—Brashier's account ceased on 5th June, 1866; the amount to his credit at that time was 95l. 8s. 1d.—Heath's account was opened on 7th June in the same year with 95l. 8s. 1d.—this cheque (produced. is Brashier's; that terminated his account, it was paid into our bank to the account of Heath; the account was transferred from Brashier to Heath—I have the pass-book, it was originally issued to Brashier on 13th April, 1866—a fresh pass-book was issued to Heath; this (produced. is it—we issue slip-books to customers, so that they may tear a slip from them and send with the money that is paid in—this slip-book (produced. was issued to Bvashier—I think a new one was issued to Heath—I see some of these credits are to Heath's account; I can't say in whose writing they are; this cheque-book was issued to Brashier; these cheques (produced. are drawn by Heath, some of them came from the book issued to Brashier, and some from another. (Several of the cheques were put in and read..
EDWIN JAMES READ. I am clerk to Messrs. Walker and Twofold, solicitors to Mr. Wyatt, the assignee of Brashier—these cheque-books and pass-book were handed to me by Mr. England—on 7th September, after Brashier's examination in bankruptcy, I went to his house and received from Batson, the man in possession, these account-books, rent-books, cashbooks, and letter-book—this is Brashier's own cash-book, in his own handwriting; I have seen him write.
Cross-examined by MR. GIFFARD. Q. Who is Mr. England? A. client of Messrs. Walker and Twofold; he did not instruct us to take proceedings to get appointed assignee—Mr. Wyatt and Mr. England were both creditors of Brashier—I do not know whether Mr. Wyatt is liable for any costs, that is Messrs. Walker and Twyford's business, Mr. Twyford is here—Mr. England is n money-lender and a collector I believe—I do not know whether it was by his instruction that an application was made to the Commissioner to prosecute the defendants—Mr. Twyford made the application—I have been attending to this business up to a certain date, from the filing of the bill in Chancery, about 11th August, 1866—there was a claim to the furniture; that claim has been heard before the Vice-Chancellor, and our client ordered to pay the costs, and the very moment he could he presented an appeal—I don't know whether the costs have been paid—I am not in Walker and Twyford's employment now—I don't know what became of the summons on that appeal—I do not know that it was dismissed with costs; I was not there—I was not engaged in the transaction when Mr. Wyutt set up a deed in order to avoid paying those costs, it was just about that time I left the employment.
MR. METCALFE. Q. By whom was the furniture claimed? A. By Mr. Losack, a brother-in-law of Brashier; he is a bankrupt—it was claimed under a settlement made by Brashier when he was in difficulties, dating back to a letter that he was supposed to have written about four years previously.
EDWARD OLIVER. I am a fishmonger at 29, Crawford Street, Marylebone—I know the two defendants very well—this bill (produced. was drawn by me, and given by me to Brashier or his clerk, I don't know which, as a renewal for another bill for money borrowed—this is for six guineas—10l. was the sum first borrowed, it was afterwords split into two bills of six guineas, with the interest added to it. (This bill was dated 3rd July, 1866, at one month, accepted by J. Read, payable to Edward Brashier, or order, and endorsed by Edward Oliver and Edward Brashier.. I think the bill was presented when it became due—I can't now say by whom—I think it was by Gardner, but I won't be positive—I know Gardner, I have seen him several times during the examinations—I believe he came once about the bill, and I told him I had not got the money to meet it—after that Brashier, or Heath, came to me, I can't say which; they often came to my shop—I have paid them money since that, I can tell the amounts by referring to my book—I paid up to April 5th this year, I paid 1l. 3s. 6d. in nine small payments—I have also supplied them with fish, the last supply was on 6th April, it began on 15th December—the total amount is 4l. 0s. 10d., in about thirty-four deliveries—they often used to take it with them—they came together most times—that applies to the cash payments also—I have delivered cash and fish to Brashier alone, and to Heath also, but it was all put down to Brashier's account—I had no particular orders to do that—I paid the money and supplied the fish on account of the bill—when the bill became due I was asked for the cash and told them I would pay them as soon as I could—in giving the fish I thought I was liquidating the bill—I don't remember whether they told me so—I have sometimes sent the fish to Heath's residence in Marylebone Road—Brashier was living in Portsdown Road.
CHARLES WARNER GARDNER. I am a general shopkeeper at 11, Hart Street, Grosvenor Square—I received this bill for six guineas from Heath within a fortnight after its becoming due, to try and get the money for it—I applied to Mr. Oliver, but got nothing, it was in my possession, I think, three months—Heath told me to get the money for Mr. Braahier—I never saw Brashier about it—at the end of the three months I gave the bill to Mr. England—during the three months that I had it Heath called on me several times—on one occasion Heath and Brashier came together—they wanted to know what I had done with the bill—I told them that Mr. England had got it; that was the only time I saw Brashier in reference to that bill—that was after the October trial—I saw Heath many times while I had the bill, and he told me to get the money for it if I could—I told him I had applied, in fact he went with me to Mr. Oliver on one occasion for the money.
FANNY UPHAM. I am a maiden lady, and keep a boarding school at Hampstead with my sisters—I know Brashier previous to June last—I had borrowed money of him and had given promissory notes—on the 15th June I received a letter like this requesting payment—I destroyed the letter—this is a copy of it—I gave a promissory note to renew the old one—sometime when I did so I retained the old one and sometimes I destroyed it—I had a note outstanding in June, and afterwards received it back from Mr.
Brashier—I cannot say what I did with it—the signatures in these notes (produced. are in my writing. (These were two notes, dated October 3rd, 1866, and October 27th, 1866, for 25l. and 8l. 10s., at two months, endorsed George J. Cock.) When I signed this I must have received back the other—this one, of the 27th July, was the previous one that was sent to Mr. Brashier, I think. (This was for 25l., at two months.) I suppose the note of October 3rd is a renewal of this—I did not borrow any money in October—this, of 27th July, was given for a previous note outstanding for the same amount—I think I received that back when I drew this one, that was generally sent back in course—I gave up all I had left to Messrs. Walker and Twyford—25l. and 8l. 10s. were the amounts I had actually borrowed—I did also borrow another sum of 25l., the note for which is in Mr. Edgley's possession—on 15th June I was applied to by letter from Mr. Brashier for payment of the 25l. and 8l. 10s. I do not know what has become of that letter—I gave up all I had, the rest I must have destroyed as worthless.
EDWIN JAMES READ (re-examined. This letter of the 15th June in the letter-book is in Heath's writing—I have seen him write, and am conversant with his writing—I find other letters of his in the book as well, and some of Mr. Brasier's also—this is one of the books I brought away.
FANNY UPHAM (continued. I received a letter of which this is a copy. (This was a request to forward the interest on the sum advanced.. Shortly after I sent a post-office order in a letter to Mr. Brashier—I think it was the 17th July—in July I was at Brighton—while there I received another letter about this matter—I cannot find that letter—this is a copy of it (looking at the letter-book. (This letter, which Mr. Read stated to be in Heath's writing, pressed for payment of the notes.. I think the letter I received was signed by John Heath—in consequence of receiving that letter I sent this post-office order for 2l. 10s. to Mr. Brashier; that was for two months' interest on the 25l. bill—I afterwards sent this post-office order of September 6th for 17s., I think to Heath; it is payable to Brashier—on the 8th October I sent this order for 2l. 10s., payable to Brashier—that was the next instalment on the 25l. bill—on 31st October I sent this one for 17s. 6d. to John Heath, and on December 15th this one for 25s., half of the 2l. 10s., also to Heath; and on the 15th January. 1867, this one for 25s., the balance of the interest, also to Heath—there was one other in February; I think that was for 17s.—I made that payable to Brashier personally at my own house at Hampstead—I received this letter of October 10th, after sending one of these orders. (This was an acknowledgment of the order for 2l. 10s., and called attention to the bill for 8l. 10s. falling due on the 27th.) The 8l. 10s. bill was a two months' bill—I paid 17s. interest for that every two months—all the money orders I have spoken of are in respect of the two bills for 25l. and 8l. 10s.—I did not borrow any money from Brashier or Heath after 20th July—I received this letter. (This letter, stated by Mr. Read to be in Heath's writing, was signed C. W. Gardner, expressing regret that he could not comply with the request made, as his money ices all out.. I had previously written a letter to which this was an answer—I think I received this letter about August or September—the letter I wrote was to Mr. Gardner—I forget the address—I saw Mr. Brashier two or three times after I returned from Brighton, in September, I think, at my own house at Hampstead—he spoke about the bills being out of his own hands, and told me that henceforth the money would be paid to other parties, not to himself—Mr. Heath was named as the party, and after that I sent the orders to Heath—Mr. Brashier afterwards
told me I must pay the interest to Mr. Cock—I think that was about September—he said that Heath wished to have nothing more to do with it; he wished to give it up altogether, and therefore the money was passed into other hands—he did not exactly mention why Mr. Heath wished to give it up—the purport seemed to be that he was afraid of retaining it any longer—after that a person named Cock applied to me and issued a writ—I was then in communication with the assignees.
COURT. Q. You went on paying Heath after September, did you not? A. Yes, in October and December, 1866, and January, 1867—I think it was in December that Brashier told me I was to pay to Cock.
MR. METCALFE. Q. When were you first aware there was a bankruptcy? A. Not until Messrs. Walker and Twyford informed me of it—that was about the same time that Cock applied to me—this bill of December 6th was the renewal of one of the bills—it was payable to John Heath.
Cross-examined by MR. GIFFARD. Q. Do you remember a conversation in which Brashier said the money was to be handed to the other person? A. Yes, that the bills were in the hands of other parties, and that those others were entitled to the money.
CHARLES WARNER GARDNER (re-examined. After Brashier declared himself a bankrupt I received some promissory notes from Heath of Miss Upham for 25l., and 8l. 10s., and he instructed me to write letters requesting the money—I held possession of them, under the supposition that Miss Upham would come to London and pay me—I was to get the money for Brashier, in consequence of which I applied for the money—after a time he came to me, and gave me this draft of a letter in his own handwriting—I copied it and sent it to Miss Upham, at least he undertook to post it—I received no answer—I did not receive any post-office orders or any money some time afterwards—I received from Heath this draft of another letter, and copied that—there is no date on it—here is the word "August"—I wrote that merely to try my pen—it must have been in August that I received it—Heath posted it as before—I received no answer to that—I held possession of the notes about two months.
WILLIAM FREDERICK HUNT. I am chief life clerk in the European Assurance Company—on 13th May, 1857, a policy was effected in the National Insurance Investment Association on the life of Charles David Stewart, for 100l.—that office has become amalgamated with ours—the premiums were paid at our office on that life—policy was in favour of Edward John Brashier—on the 20th July I received a notice of an assignment of the policy—I have not got the notice—I have an extract, not in my writing.
Cross-examined by MR. LILLEY. Q. Have you got the policy here? A. No—I have the policy register—the policy was executed prior to the amalgamation—I have nothing to do with it.
Cross-examined by MR. STRAIGHT. Q. Is the surrender value of the policy valueless? A. Yes; we should not give anything for it—it was valueless when I gave my evidence—it was on the half-credit system, and we never give the full value of the policy.
a notice to produce a policy in the European for 100l. on the life of Stewart, and all receipts.
EDWIN JAMES READ (re-examined. This notice is altered a good deal, but the letter as originally addressed is in the handwriting of Heath. (This was a letter, dated 20th July. 1860, from Brashier to the secretary of the Argus, giving notice that he had transferred his interest in the policy to Heath..
HENRY PETER ANDREWS. I am a gentleman, living in Bath Road, Hounslow—I sometimes discount—know Brashier—in October last I did not hold any bill of Dawes drawn by Brasicia for 62l. 10.s. nor at any time—Brashier did not owe me any sum of money in October, nor in June or July, I think; I am not sure whether he did not owe me a small sum in March or February—I had discounted a bill for him at that time. (The cross-examination of Brashier, on.st November. 1866, at the Bankruptcy Court, was put in and read, in which he stated that the trust deed had been received by him from Heath after it had been registered, and that it had been lost with other papers in changing houses..
DAVID EDWARS. I come from the Trustee Deed Office—I produce a registered copy of the deed—the original was given back to the parties who registered it, with a certificate—the solicitor for Brashier produced no deed to me—a receipt was taken for it in the book, which is at the office—this affidavit was lodged with me at the time.
EDWIN JAMES READ (re-examined. This is Brashier's handwriting—it is an affidavit verifying the statement of accounts, and verifying the deed—there are two affidavits—the signature to them is Brashier's.
Cross-examined by MR. LILLEY. Q. Has not Brashier already been indicted for perjury in reference to this deed? A. Yes. and acquitted.
MR. METCALFE. Q. Were you present at the trial? A. Yes; I was a witness. (The deed was dated 28th March, between Brashier and undermentioned creditors, whom he undertook to pay in full at the end of two years; the names of Slater, Upham, Gardner, Ansell, &c., were appended..
HENRY PETER ANDREWS (continued. This bill for 62l. 10s. is drawn on Futvoye by Brashier—I have seen it before—it was first given me, I think, at the latter end of February or the beginning of March, 1866, by Mr. Bradley—I gave no consideration for it—I afterwards saw Brashier's deed and signed it—I kept the bill up to some time in June or July, until I gave it up to the assignees.
E. G. BRADLEY (re-examined. I gave that bill to last witness—I received it from Brashier merely to hand to Mr. Andrews; he did not tell me why at the time, he did afterwards—I do not know whether any money was due when I gave it to Andrews; I am not certain whether there was or not—I know they had money transactions together formerly—what he said was, "Will you give this to Mr. Andrews? "—afterwards he told me to ask Mr. Andrews if he would sign the deed—he did not say that at the time, not a word about it—I received this bill of 62l. 10s. from Brashier I think some time in March, I cannot say exactly the date; I know it was not due at the time; I gave that to Mr. Ansell by Brashier's direction—he asked me to give it to Ansell, and to ask him if he would
sign the deed; I gave it to Auscll—I was present when Andrews signed the deed—I attested his signature.
Cross-examined by MR. GIFFARD. Q. You know Heath, I think? A. Yes; he is hard of hearing.
Cross-examined by MR. LILLEY. Q. How long have you known Brashier? A. should think it was twenty years ago when I first knew him—I acted for him professionally for thirteen or fourteen years before this, although I did not prepare the deed—I cannot say that he had considerable transactions with Andrews, I know he had some; several I believe—I can only say from what I was told—I never had to sue Mr. Andrews—I did not personally interfere on behalf of Brashier with Mr. Andrews before this.
THOMAS GRIFFIN ELLEMAN. I have produced six Post-office orders, three payable to Brashier and three to Heath—they were taken out by Miss Upham, and are signed, three by Edward Brashier, and three by John Heath, to whom they were payable.
ABROSE BATSON. I went into possession of the furniture at Portsdown Road on the 9th August—these stumps of two cheque-books, and also this slip-book are very much like those I found in Brashier' house—I gave them to Mr. Wyatt.
ELIZABETH ROLLS. I have been keeping the house of Mr. Slater, 50, College Street, Chelsea—I knew the defendants previous to July, 1866, I paid rent to both of them—my rent is paid up to the present time—I have got the receipts of July, 1866—I paid that to the clerk, Mr. Heath—he gave me a receipt at the time.
Cross-examined by MR. GIFFARD. Q. Your rent was due to Mr. Slater's. executors, was it not? A. do not know who it was due to—I know my present landlord is Mr. Black—I have paid him three quarters' rent—Brashier or Heath collected the money previous to that, and I paid them. (This receipt was dated.th July for.l. 10s., signed Edward Brashier..
ANN FLETCHER. I rent the house, 52, College Street, Chelsea, of the executors of the late Mr. Thomas Slater—I know the defendants, I have from time to time paid them rent—I have my receipt for the Lady Day quarter's rent—I can't say to whom I paid that, I sometimes paid Brashier and sometimes Heath; I paid one or the other.
EDWIN JAMES READ (re-examined. Here is a receipt of 9th April for rent due on 25th March; the body of it is in Heath's writing, the signature is Brashier's—here is one of 16th July, the whole of which is Heath's writing.
The defendants received good characters. HEATH— NOT GUILTY. BRASHIER— GUILTY.— Eighteen Months' Imprisonment.
NEW COURT.—Tuesday, August 20th. 1867.
Before Robert Malcolm Kerr, Esq.
MR. STRAIGHT conducted the Prosecution.
9th July McCarthy came in for half an ounce of tobacco, and gave me a florin; I gave him 10 1/2d. change, and then found that it was bad; I called him back, and asked him where he got it; he said from his master for his day's work—I told him to fetch his master—he put it in his pocket and left without paying for the tobacco—I informed the police—eight florins were afterwards shown me, one of which I identified.
McCarthy. You tried the money before me. Witness.. No; you were out of the shop, five or six yards away; it never went out of my hand.
WILLIAM NORTHOVER (Policeman 238 T). I received information and found the prisoners at the Grosvenor Arms—Driscoll turned out of his pockets six good shillings, 4d. in copper, and this bad florin (produced.—he said that he received it for his day's work at hay-making.
Driscoll. Q. How much did the woman return you for the bed which I had engaged and paid for? A. A shilling.
GEORGE HOWELL (94 T. I was with Northover and took McCarthy—on the way to the station I heard something drop on a heap of stones, and said, "You have dropped some money"—he said, "No," and tried to escape—I afterwards went back to the heap and found seven florins in a piece of paper on the stones.
ANN HARDING. I am a tobacconist, of Hounslow—on 9th July, between eight and nine o'clock, I served Driscoll with half an ounce of tobacco—he put down a florin. I told him it was bad—he produced a good shilling, I gave him change, and he left.
GEORGE ROBERTSON. On 9th July I was in Mrs. Thomas's shop and saw McCarthy there; she called him back and said that the florin was bad; I followed him and gave information—I afterwards saw both prisoners outside and followed them.
WILLIAM WEBSTER. I am inspector of coin to her Majesty's Mint—these two florins are bad, and these six found on the stones are also bad; four are from the same mould as the one passed by McCarthy, and two from the same mould as that passed by Driscoll.
Mc Carthy's Defence.. bought the tobacco, but did not know the florin was bad. I went to the top of the street, and met this man and showed it to him; he said, "This is not bad." He took it into another shop, but it was rejected; he put it into his pocket, we went to have some beer, and the policeman took us.
Driscoll's Defence.. did not know it was bad, I am no judge of money.
GUILTY.— Twelve Months' Imprisonment each.
MR. COLERIDGE conducted the Prosecution.
WILLIAM HANNON. I sell beer at the King's Arms, Old Bethnal Green Road—on 27th June, about nine p.m., I served the prisoner with a glass of ale; he gave me a shilling, I bent it, went round to the door, and said, "Here is another bad shilling, you were here a fortnight ago"—I gave him in charge—he had some ale a fortnight previously, and I found the shilling was bad.
Prisoner.. was at Portsmouth at that time. Witness.. No, you are the man.
WILLIAM WALKER (Policeman. The prisoner was given into my charge—Mr. Hannon said that he had been there a fortnight previously—the prisoner said, "I can prove I was not in London at that time"—I found on him a half-crown, a halfpenny, and a purse—he gave his name
John Williams, and said that he had no particular home—he was taken to the police-court, remanded, and discharged on 2nd July.
RICHARD COOMBER. I am a fishmonger, of 138, King's Cross Road—on 5th July the prisoner came for 1/2lb. of cherries, aud gave my wife a bad half-crown; she gave it to me, I kept it in my hand, broke it, and sent for a constable—the prisoner said that he did not know it was bad—I told him that he was there on the Wednesday previous, July 2nd, when he bought an orange, and after he was gone I found I had got a bad shilling—I gave him in custody with the pieces of the florin.
GUILTY.— Twelve Months' Imprisonment .
MR. COLERIDGE conducted the Prosecution.
HENRY EDMUN RICE. I keep a beer house at Cambridge Heath—on 2nd July I served the prisoner with a glass of ale, which to came to 1 1/2d.—she gave me a shilling, I gave her change, and she left—I put the shilling in the till, and noticed that it fell on a half-crown; after she was gone I looked at it, it was still on the half-crown; I found it was bad and kept it apart—there were a few other shillings in the till under the half-crown—on 9th July she came again for a glass of ale, which came to 1d., and gave me a shilling; I found it was bad, and gave her in custody—she said she did not know it was bad—I told her she had been there the Saturday previous and passed bad money, she denied it—I gave the two shillings to the policeman.
Prisoner.. did not go to the house on Saturday night, I was bad in bed.
MR. COLERIDGE conducted the Prosecution.
DANIEL HUNTER. I keep the Exmouth Arms, Stepney—on 4th July the prisoner came for a pint of half-and-half, and gave me a florin; I gave her change, and she left—I put the florin in the till, there was no other florin there—I afterwards gave it in change to a customer, who broke it with his teeth and returned it—I did not keep the pieces—I am certain the prisoner is the person—on 13th July she came again for a pint of half-and-half, and gave me a florin, I broke it in two, and told her it was the second time she had passed bad coin, and I should give her in charge—she said that she was not aware it was bad, and had not been in the house before the previous night.
Prisoner.. was never in your shop except on 12th and 13th July.
MR. COLERIDGE conducted the Prosecution.
Oxford Street—about the commencement of July I saw the prisoner served by another assistant, to whom he gave a crown—I looked at it and found it was bad—we melted it easily in the gas, and gave the remainder of it to the prisoner, and he left—on 3rd August, between three and five o'clock, he came again—I recognised him—another assistant served him, and after he left I went to the till and found two half-crowns, one very old and very much worn—the figures were scarcely perceptible—that was good—the other was a new one, and was bad—the other assistant took it—the prisoner came again a little after seven o'clock for some more rhubarb—I served him—he gave me a bad shilling—a constable was sent for, and the prisoner was given in charge with the coins—a bad shilling was afterwards found where the prisoner had been standing—it was marked and given to the policeman.
WALTER PAFFORD. I am an assistant to Messrs. Bell—on 3rd August, between three and five, the prisoner came for a rhubarb draught, which came to 3d.—he gave me a half-crown—I gave him the change, and told him to return in the evening if he did not feel better—I put the half-crown in the till—there was only one other there, and that was very much defaced; the figures were scarcely legible: this one was comparatively new—Smith came to me almost before the prisoner left, and I went to the till and found the two half-crowns—I took out the newest-looking one and found it was bad—I looked after the prisoner, but could not find him—he came again on the evening of the 7th, and was given in custody.
ENOCH COOK (Policeman 7 C). On 3rd August I was called to Messrs. Bell's shop, and received this half-crown and shilling—another shilling was afterwards given to me—the prisoner was searched in the shop, and two good sixpences and 5 1/2d. in copper found on him—he refused his address.
Prisoner's Defence. If I got my living by passing bad money I should not go to the same shop twice in the same day with it. I have only been in England five or six months. We are not in the habit of looking at our change in France, because there is so little bad money there. I received it in change at a tobacconist's, where I bought the cigar which I was smoking at Mr. Bell's shop.
GUILTY — Two Years' Imprisonment.
MR. COLERIDGE conducted the Prosecution.
MARY ANN HEFERMAM. I am barmaid at the White Swan—on 13th July, about ten p.m., the prisoners came in together, and left together—I observed them in consequence of something that had passed—on 3rd August, after eleven p.m., Parker came in for a glass of ale; I did not serve him, but I recognised him—my mistress put the sixpence in the till, and as soon as Parker was out of the shop I spoke to my mistress—she went to the till, and I then saw a bad sixpence—on 6th August the prisoners came again with another woman, who asked for half a pint of beer—Willis put down a bad sixpence—I then called Mrs. Tucker, and the prisoners were detained—the other woman went away.
MICHAEL TUCKER. I am the wife of Henry Tucker, of the White Swan—on 3rd August, a little after eleven, Parker came in for a glass of ale, and gave me a Victoria sixpence, which I put in the till—it was so dirty that I did not bite it—I gave him change—he left, and my barmaid spoke to me—I opened the till, and found the dirty Victoria sixpence lying on top—no other sixpence had been taken after that—I bit it and threw
the piece away—on 6th August the barmaid called me, and I saw the prisoners there and another woman—a sixpence was lying on the counter—I took it up and bit it; it was lead—I gave it to my husband, and said to Parker, "You are the man who gave me a bad sixpence on Saturday night"—he said, "I was not in your house"—Willis said, "I am not in company with him"—I said, "You are; you called for the drink for him"—she said, "I came in alone"—the other woman went away.
GEORGE TUCKER. On 6th August I was standing outside the White Swan, and saw the prisoners and another woman go in, saying, "Let us go in on this side"—I stepped back and made room for them—I was afterwards called to fetch the last witness, and when I came back the other woman had gone.
Parker's Defence.. met this female, who asked me to have a drop of drink. I did not know she had bad money, and I do not believe she knew it.
Willis's Defence.. did not know it was bad. I changed a half-crown in an omnibus.
PARKER— GUILTY. **— Twelve Months' Imprisonment. WILLIS— GUILTY.— Twelve Months' Imprisonment.
MR. COLERIDGE conducted the Prosecution.
JAMES BROWN. I am a butcher, of 53, Aldgate High Street—on 22nd June the prisoner came and bought two hearts for 7d.—he gave me a half-crown—I gave him 1s. 4d. change—I took no other half-crown that day—I put it in my pocket—when I emptied my pocket I had 17s. 6d., but only one half-crown, which was bad—I afterwards saw the prisoner in custody with Ewing and Smith—I gave the coin to my wife, and afterwards to the constable.
ROBERT HARRINGTON. My father is a butcher—on 26th June the prisoner came and bought two sweetbreads, which came to 5d.—he gave me a half-crown—I gave him a florin and a penny change—I found a bad half-crown among my money that night—I had another half-crown, but the one the prisoner gave me was not new, and the other was George II.—I afterwards gave the half-crown to the policeman.
WILLIAM GEORGE SMITH. I live with Mr. Poulden, a butcher—on 2nd July the prisoner bought two sweetbreads, which came to 6d.—he gave me a half-crown—I gave him change, called the servant down, and gave it to her—she took it up stairs—shortly afterwards young Mr. Poulden gave me back a half-crown, which I marked—on 3rd July Ewing showed me a bad half-crown, and I gave him a description of a man—I saw the prisoner outside Mr. Cook's shop at that time—that is only two doors off—I went
to the station, charged him, and gave the half-crown to the constable—this is it (produced.
ALEXANDER GEORGE EWING. I am in the employ of Mr. Cook, a butcher, of Aldersgate Street—on 2nd July, about 7.30 p.m., the prisoner stood outside and asked the price of a sweatbread—I said, "Threepence;" he picked it up and gave me a half-crown, I bit it and told him it was bad, and I should give him in charge, which I did with the coin—I marked it at the station.
James Dodd (Policeman 815). Ewing charged the prisoner with passing a bad half-crown—he said that he did not know it was bad, and gave me a good one—I received a half-crown from Brown, another from Harrington, and another from Smith.
GUILTY.— Two Years' Imprisonment.
MR. GRAIN conducted the Prosecution.
JAMES WILLIAM RIVERS. I am a tobacconist, of 83, Fleet Street—on 10th July the prisoner came for half an ounce of tobacco, and gave me a florin—I gave him change and he left—I found it was bad, marked it, and put it in my pocket—he came again next day for half an ounce of tobacco, tendered another bad florin, and I gave him in charge with the two florins.
Prisoner. Q. Had you any suspicion the first time that the money was bad? A. Yes, because I had seen you half a dozen times before, and you always paid with the same coin—I did not stop you, because my suspicion was not aroused till you had gone.
Prisoner's Defence.. was not aware the money was bad.
GUILTY.— Twelve Months' Imprisonment.
MR. LANGFORD conducted the Prosecution.
WILLIAM NEWMAN. I am steward of the Sailors' Home, Wells Street, Whitechapel—on 29th July, at nine o'clock, I was in No. 6 dormitory, and was the prisoner come in with a bundle under his arm—I said, "Hallos! where are you going with that? "—he said, "I am going to sell it, it is a pair of pants"—I asked him where lie got them—he said, "From 266 cabin"—I said that he had better go back, aud he took me to 266 cabin, where I
saw the prosecutor laying asleep on the bed—he said, "Do not disturb him, he is a shipmate of mine, he is drunk; I have let him be in my bed till he gets sober"—the prisoner does not belong to our house—I awoke the prosecutor, and he missed his clothes—I sent for a constable, and saw the bundle opened; it contained these trousers, and he was wearing this waistcoat.
Prisoner.. was drunk; I know nothing of it; I am guilty of the pants and waistcoat.
Prisoner. you told me to come to your cabin at five o'clock in the evening, and you would give me a waistcoat, as I had none.
Witness.. did not—I saw you in the morning and. forenoon—you are my shipmate—I was drinking that day, but I do not think I drank with you—I lost some coat and trousers at the same time—I did not give you permission to take them.
MR. GRIFFITH conducted the Prosecution.
JOHN MATTHEWS. I am a commission agent, of 9, Edward Street, Caledonian Road—on 20th July, between twelve and one o'clock, I was in Euston Road—I had been drinking, but knew what I was about—two gentlemen took me down the road, as I was unable to walk, from a pain in my side, and was obliged to sit down—the prisoner and some other men came and hustled me—I got to my own door and was endeavouring to get ray latch key out, when I was pushed down, and the prisoner took my watch—I said, "You vagabond, you have robbed me"—some one behind struck me a blow which laid me flat on the pavement, and they all ran away—I informed the police and the prisoner was taken—I am sure he is the man.
Prisoner. Q. will you swear I took your watch? A. Yes—you were on my left side, and I caught hold of your hand—two men were not holding me up against a shutter—I was as able to go along then as I am now—I have known the prisoner ten years—he is a shoeblack—I have employed him—he joined me at the corner of the Caledonian Road—the others were boys of the same class, and I think I can identify one of them—the two men who were helping me conveyed me to my own door, and said, "He is safe now"—I said, "Yes; all right, I live here; good night, thank you"—I felt my watch at the corner of Caledonian Street—I do not know the two men that took me home.
MR. OPPENHEIM conducted the Prosecution.
RAYNER LAITCHAM. I am a grocer, of Northampton Street, Bethnal Green—the prisoner was a customer of mine—I know her stepson Edward—I supplied him with goods—he gave me written orders—here are eleven orders (produced.—I received one of them on 16th June, another on the 19th, and the others on the dates of the orders—I supplied bread, tea, and sugar for them, each order to the amount of 1s.—I looked for payment to the Visiting Society of St. Bartholomew's Church—the
prisoner was brought to my shop by Mis. Banham—I showed her the orders, and she admitted that she had written them herself, and said that she would pay me.
Prisoner.. did not; you said, "Here are these orders, I want the money"—I said, "I will pay you for what I have had"—you never showed me the orders—the one I saw was in Mrs. Banham's writing—I said I would pay for what I had, and you said you wanted the money down.
COURT. Q. Did you ever apply to her for the money? A. No; to the society—I sent the orders in, and these eleven were sent back as forgeries.
EDWARD DUNTHORN. I live with my father at 8, Edmonton Street, Three Colt Lane—the prisoner lives there also—she is my mother-in-law—she gave me these papers, and I took them to Mr. Latham's shop, and got bread, butter, tea, sugar, and bacon for them—I saw her write the tickets.
Prisoner. Q.. Do you remember going to Mrs. Banham's house for a ticket many times? A. only went once—you never went there.
ANNA BANHAM. I live at 13, Suffolk Street, Mile End, and am the wife of Joseph Banham—I am a visitor of the St. Bartholomew's District Visiting Society, and am authorised to issue printed forms for the delivery of food, and sometimes written ones—I gave the prisoner a written order at my house in the very cold weather, some months before June—none of these orders are in my writing—I did not authorise way one to write them for me—I did not give them to the prisoner—they are something like my writing.
Prisoner's Defence. Mrs. Banham gave me an order at her house on 17th April, and another after, 18th May; she said that I was not to give them to anybody, as she only gave them to one or two whom she knew. On 2nd July I went with her to the shop, and told her she had given me the tickets; she said that she was very sorry I should say that, as she was likely to lose her situation if it was known, and it would be a great loss to her, as her husband was in bad health, and that was all she had to live upon; that it was much better to settle it, and asked if my father could help me. We went to the shop, and I told Mr. Laitcham I would pay for what I had had; he said that he wanted the money down. I said that I was not prepared. I cannot write anything like these tickets; what tickets I have had she has given me. I was remanded twice because she would not appear.
GUILTY. Recommended to mercy by the Jury. — Six Months' Imprisonment.
744. WILLIAM ECKLEY (28), to two indictments for stealing 120 yards of braid and other articles, of Hugo Turch and another, his masters.— Two Years' Imprisonment. [Pleaded guilty: See original trial image] and,
OLD COURT.—Wednesday, August 21st. 1867.
746. GEORGE DRUIT, MATTHEW LAWRENCE, JOHN ADAMSON, MICHAEL MEAD, PETER MORAN, HENRY TREMAINE, JAMES M'DERMOT , and JOHN LEVINE were indicted (together with Patrick Butler and Thomas Farrell . who did not appear) for unlawfully conspiring to impoverish certain persons in their trade and business.
MR. SERJEANT BALLANTINE, with MESSRS. SLEIGH and LEWIS, conducted the Prosecution; MR. COLERIDGE, Q.C., with MR. KEANE, Q.C., and MR. POLAND, appeared for Druit and Lawrence. MR. SERJEANT PARRY,with MR. RIBTON, for Adamson, and MR. GIFFARD, Q.C., with MR. BESLEY, for the other defendants.
ALFRED MITCHELL. I was formerly in the C division of police—I reside at 3, Market Street, Newport Market—since the tailors' strike took place, in April, I have been engaged in watching the proceedings of the operative tailors—I attended a meeting of the operative tailors at the Alhambra Palace on 22nd April last—I should say, from what I have heard the building will hold, that there must have been over 5000 persons present, perhaps 5000 or 6000; the defendant Druid was in the chair—I saw Lawrence and Adamson at the meeting—the meeting had begun when I entered, and was going on—Druid was addressing the meeting—I heard him speaking with respect to the tailors' strike, and the proceedings with respect to the master tailors; a portion of what I heard him say, after I got in first, was, that the new log had been sent round to a certain number of the master tailors, and that eighty-eight of them, I understood him to say, had refused to receive or accept it—I heard Lawrence take part in the proceedings; he moved a resolution, as I understood it to be—I always understood Lawrence to be the secretary of the operative association, up to lately, within the last month or so—I don't know it of my own personal knowledge—he was sitting on the platform, and Adamson also—the resolution which Lawrence proposed was, as near as I can recollect, to the effect that the meeting was satisfied with what the committee had done in sending the new log round to the masters, and, as they had not received it, or would not accept of it, the meeting declared a general strike against them—that resolution was seconded by somebody—I did hear the name, but it has slipped my memory—it was put to the meeting by Druid and carried—I heard Adamson address the meeting, but I don't recollect what he said; I believe it was after the resolution was put by the chairman—there were other resolutions moved by other persons—I understood Druid, in the speech he was making, to say that shop committees would be formed, and pickets would be put on the masters, and he hoped the men would do their duty, and they would receive their instructions from their committees—that was said during the speech, they were not exactly the words perhaps—about the 24th, two days after the meeting, I was first employed to go round—Mr. Poole's establishment is in Saville Row; Mr. Stohwasser's, Mr. Meyer's, and Mr. Bennett's in Conduit Street; and Mr. Binney's, Mr. Manning's, and Mr. Haldane's in Bond Street—I observed at each of the shops where the men had struck, two or more men were stationed—in Conduit Street I have counted from fifteen to twenty-five men stationed, most of them in front of the doors, walking up and down, some on the opposite side of the road, most of them watching persons going in and out, to see if anybody
came out with any work or bundle, and they were generally followed by some of the men to see where they went to, and what they were—from the 24th April to the present time I have been engaged in watching those streets from time to time, and during that period I have seen numbers of persons as I hare described outside the master tailors' acting in the same way, standing outside to watch persons and following them when they came out—a greater number always collected in the evening, when the men came out from work, that, is, those that had not struck—the largest number of men I have seen was on 3rd May, in front of Mr. Stohwasser's, in Conduit Street—I should say there were over 200 at that time—I have seen some of the defendants acting as I have described at other places, but not at that time—I have seen all of them, except Druit, Lawrence, and Adamson, on picket at different places—when the workmen who had not struck came out of a night there was generally a great number to meet them, greater than there had been during the day; and upon several occasions I have heard them call after them, calling them "dungs," and point to them, and say, "There you go," "We know you, we shall recollect you, and your name will be put down"—I have seen them hiss them, halloo after them, and follow them some distance till they got tired, and then come back again; they called them cowards and every name almost they could think of—that was the general conduct pursued from time to time—there are several public-houses, ten or a dozen, where they meet and have committee-rooms—I have sometimes seen the pickets there very early in the morning, but more in the middle of the day—the pickets generally go on about seven or eight—at the commencement of the strike I think earlier; at some of the shops about six; they are generally on about seven now, or from that to eight in the morning—I have seen both Druit and Lawrence at the Green Dragon talking to men that I have known do picket duty, both before and after—that is the place they call the Central Committee-room—on 24th May I attended a meeting at the Temperance Hall, Pollen Street, opposite the Hanover Square Rooms—I understood it to be a meeting of the out-door workmen, the operatives—I saw Adamson there; he acted as chairman—I saw a great many persons at that meeting that I had seen or picket, and I have seen some of them on picket since—Adamson said that no doubt after the strike was over he should be a marked man, and so would a great many more that had taken a part in it, and that was all the more reason why the union should not be broken up—he spoke on for some time longer, but I don't recollect it all—I heard a resolution proposed; to the best of my recollection, it was that after the strike was over no union man should be allowed to work in any shop where a non-union man was employed; that was seconded, put by the chairman, and carried—on 29th May I attended a meeting at the Alhambra—as near as I could judge there were about 3000 persons there, Druit was chairman—I saw a great number of persons there that I knew and seen on picket, and whom I subsequently recognised as doing picket duty—I heard Druit speak for some time at that meeting; the principal portion of his time was occupied in reading letters, resolutions, and statements that had been made by the masters at their meeting on the Saturday previous—I understood that the meeting was called for the purpose of considering the truth of the statements made by the masters at their meeting on the Saturday previous—I did not hear Druit say anything about the strike or the picketing; that was said by another person—I heard resolutions proposed, and I heard a person say that, from reports he had received, the masters could only get
about one-third of their work done, and if they could prevent the remainder it would learn the masters a lesson for the future, or teach them better for the future, or something to that effect; that was not said by any of these defendants—I heard Druit say in the course of the meeting that he had received a telegram from Mr. Blissett: he commenced by saying, "Glorious news, my boys; 80, 000 unionists at your back in the north," and he made some humorous sort Of statement, I could not say what it was, that a great number of persons grinned and laughed at, but I did not hear it—on many of the occasions I have spoken of I was in company of a person named Lambert.
Cross-examined by MR. COLERIDGE. Q. Who employed you? A. am employed by Messrs. Vallance and Vallance, the solicitors of the Master Tailors' Association—I was not a policeman when I was first employed, I had left just previous, I was not doing anything; I had only left the police about a fortnight—I am still employed by the Master Tailors' Association for the purpose of seeing the conduct of the men on strike—that is not the way I make my living; I did not expect this would last above a week or a fortnight; I never expected the strike would have continued so long as it has, or I do not know that I should have taken it—I am so employed until this is over, not longer—I did not go to the Alhambra with any one, I went by myself; I found the building full of people—they did not know me, or know that I was watching them; latterly I think they have known me, from seeing me about a good deal; they did not at first—I did not hear Druit read any letters at the first meeting—I think I heard something of a letter they had addressed to the masters, asking them to come to terms and negotiate—I heard him say something about lock-outs and strikes—I can't tell all the words—I think he very probably expressed a wish that an early day should be appointed for a meeting for settlement—I have some recollection of it, but I can't say—I remember some talk about arbitration. (After some further cross-examination as to what was said by Druit at the meeting, as to which the witness recollected but little, a pamphlet was by consent put in, said to contain a correct report of the meeting, and from which MR. COLERIDGE read the following passages.—"'Gentlemen, you will see the necessity for having a proper Time Log in as concise but explicit a form as possible, framed to set at rest the many disputes, whether they be in the form of lock-outs or strikes, which have been going on for some considerable time, and in the spirit of your resolution and the proposition of such a log properly considered and agreed to by you, the representatives of the masters, and we the representatives of the journeymen tailors, will have a tendency to put an end to those painful proceedings called lock-outs and strikes: we desire it: you in your resolution express the same desire, and we trust that you will name an early day when we can arrange for a meeting.' Our employers replied by assuring us that the above was in strict accordance with their wishes. After considerable delay a day was named, and we met, when agreements were entered into by which a discussion was to be conducted, one of the special stipulations being, that in the event of a difficulty arising an arbitrator should be called in. Well, gentlemen, we began our work. The first day we took the dress and frock coats; we went over every item minutely, no item was left, every one of which was fairly and honestly discussed. The masters seemed quite satisfied as to the conclusions at which we arrived, and even congratulated us at the close of the first day's proceeding on the manner in which they had been conducted. The results of our discussions
upon those garments was a reduction of the hours which we had previously considered was the proper time for making them, and a rise on the hours the masters considered was the proper time. The second day arrived, when it was evident that, after reviewing at their leisure the previous day's work, they forgot all their good wishes and agreements in regard to fair and honest discussion and arbitration; and equivocation, delay, with repeated changes in their committee—when practical men were substituted by those who knew nothing about a log. We urged the continuation of the discussion, till they were obliged to confess to us that they could not proceed, that they had no powers to depart from a log which had been put into their hands by the masters, and that, unless we were prepared to accept of it, with but slight modifications, the negotiations must be concluded. Such a course we protested against, and hence the cause of the position in which we find ourselves this day. After a series of communications which have passed between us since, in which they positively refuse to meet for discussion, as they first agreed, we have forwarded them copies of the Amalgamated Log, by which we have resolved to stand or fall, till they are prepared to do so. (Cheers.) Do not suppose for one moment, gentlemen, that I stand here as the champion of maintaining that log in its integrity, as I am convinced it requires revision, and is capable of correction; not because it is unjust or too high when taken as a whole, but because some parts of it are too high, and others are too low. But it is not our wish to enforce this log as a settlement of the question, if the masters will but listen to reason. We only wish to use it as a basis. Even the Masters' Log—wretched affair as it is—we are willing to take as a basis of discussion, if the masters will only agree to do so, item by item, so that we may be able to come at what is right for each. The point at issue is this—that while there was a distinct agreement between masters and workmen that no log be presented or enforced by either, but that a 'New Time Log' be discussed and drawn up by the representatives of masters and workmen, the masters have presented their log to us, with this message, 'That unless we shall accept of it, with but slight modifications, all negotiations must be broken up.' Since this decision we have used every means in our power to induce them to renew these discussions, and so carry out their agreement, but have failed. Your committee have therefore considered that the only course they could pursue consistent with your honour and their integrity, commercially, socially, and morally, was, that we draw up a circular stating our proposed course as follows:—[Mr. Druit here read the circular we published in our last number, which was received with cheers, and proceeded]. This we have forwarded, with a copy of the Amalgamated Log, to eighty-eight of the principal firms of the West End and City, nineteen of which seem to have been endowed with sufficient courtesy to reply.") All that I hears of Mr. Lawrence was the resolution that he moved—I believe he went on addressing the meeting after that, but what he said I don't recollect; I heard it, but I can't call it to mind—I took no notes, all I am telling you is from my recollection—I was not employed by Vallance and Vallance when I went there on the 22nd; it was on the 24th I was employed; I had not the least idea of being employed by them then, I went in to see what was going on; I lived close by; I was passing, and simply went in as others might.
Q. Did Lawrence, as well as Druit, say that he by no means wished to stand by the Amalgamated Log, but simply as a means of getting the masters to a discussion upon it? A. heard something about the discussion
of logs, but I don't know what it was; I think there were some words to that effect—I did not hear him say that the masters had formed themselves into an association to defend their interests, and the men must do the same, and that they were each responsible for what they did; I don't think I heard anything like that, or that they were going back from what they had agreed to, and if they would not fulfill what they themselves had resolved upon, there was no course left to the men but to do what they were going to do by the resolution which he was going to propose—there was a good deal of discussion, Adamson and various other persons' spoke—Druit got up and spoke again just before I came out. (The observations of Druit were taken as read from the pamphlet as follows.—"The platform presented a grand unify of working men; not only did it represent the tailors of England and Ireland, but a large portion of the Continent of Europe as well. To complete the representation, he and his colleague, Mr. Blisset, would change their characters for a little and become delegates for the tailors of Paris. The chairman then read a resolution which had been unanimously adopted by a meeting of 10, 000 tailors in Paris, at which he and Mr. Blisset had the honour to be present, and which was entrusted to him to convey to the tailors of England. It was to the effect that an alliance be formed between the tailors of the two capitals for the purpose of rendering each other pecuniary assistance in cases of lock-out and strike. The meeting was then addressed by Mr. Colly, after which a resolution was moved and unanimously adopted, pledging the meeting to support their fellow workmen generally on the Continent. Now, gentlemen (said the chairman), it is my duty to give you such information as is necessary for the discharge of your duty in your present position. You have now cast the dye! You have struck! You must now consider your responsibility. In regard to the work you have in hand, we have always made it our duty to act strictly in accordance with the law, so we shalI do now. He then stated that full instructions for the conduct of the strike would be circulated, and stated that all men who had work in hand should ask to be permitted to finish it. If the masters refused to give it the contract in regard to it was broken. He said they must go at once and form their shop committees, and put on their pickets; they must be as willing and as anxious to do their work properly as the executive committee were. The committee would be faithful in doing their duty. He impressed upon each of them the necessity of being the same. Let no one shrink from his duty, or seek to lay it on the shoulders of another. Let nothing either fall from your lips or take place in your actions likely to lead to coercion. If men will not cast in their lot with us, let them go and do so with the dishonourable employers.") I recollect a great portion of that, but I was not there at the end of his speech—I recollect hearing a Mr. Neale speaking, and somebody asking some questions about out-door workers, and the chairman said something to this effect: "Of course we cannot guard ourselves against dishonourable men in our midst, any more than we can against masters. If men will act dishonourable, or will not act along with us, let them unite themselves with the dishonourable among the masters, and we shall be well rid of both." I suppose "both" meant mastcrsand men, according to what you have read there, but I did not understand the meaning of it.
Cross-examined by MR. SERJEANT PARRY. Q. How long have you been employed for the masters by Messrs. Vallance and Vallance: since 24th
April? A. Yes, up to this time—I receive about 2l. 10s. a week; that is accounting for extras—sometimes we were out very late—we were out from morning till night—we receive our instructions from Messrs. Vallance—we were generally watching the operative tailors, wherever they were to be seen, from early morning till late at night—when I was in the police I had 25s. a week, and clothes, coal, &c.—I had been out of the force since 5th April—I went alone to the meeting on the 22nd—Lambert was not with me then; he has been since—I had no particular instructions to watch Druit, Lawrence, and Adamson, or any one in particular.
MR. SERJEANY PARRY then read from the pamphlet the following observations made by Adamson at the meeting to the 22nd: "We agree to a council-board where the representatives of masters and workmen could meet, and where such a log would be drawn up as would become general throughout England. We hold by the masters' first resolution, and we want the masters to understand that the strike will terminate as soon as they consent to meet aud discuss the question. They say it can't be done; they have not yet tried. Arbitration was the means to be adopted to remove any difficulty that might arise, but of this they will not avail themselves."
MR. SERJEANT BALLANTINE. Q. How was it that you came to be ultimately employed by Messrs. Vallance and Vallance? A. don't know—I believe application was made to the superintendent, and I was recommended by him—since then I have been in company with Lambert to the different tailors' shops—we have been to very nearly the whole of them—they lie some distance apart, in Conduit Street, Maddox Street, Bond Street, Prince's Street, Jermyn Street, St. James's Street, Warwick Street, &c.—my attention was not pointed to any individuals—they were all strangers to me previous to this, and I believe they were to Messrs. Vallance.
JOSEPH LAMBERT. I am a pensioned sergeant of the police—I accompanied Mitchell while he was watching these different places—I watched all the masters' shops at the West End—I went out sometimes early in the morning and sometimes late, not always at one time—I watched Mr. Poole's among others; sometimes there were as many as forty or fifty pickets there, at other times five or six, it depended on the time of day, there were most in the evening—they kept sharp watch on the door, close to the door, smoking their short pipes—if they saw any of the men that were at work inside come out, they would point to them and to one another and say, "That's him!" "There he goes! "—sometimes we could hear what they said; I have heard them call them curs, cowards, and dungs—I have seen them go into the public-houses in the neighbourhood which the tailors have occupied during the strike; there are several of them—I have seen the pickets change relief there after they have been on duty for a certain time, and leave and go to the different lodges or public-houses, and after being there I have seen them leave again and go back to the same point—I have not seen anything particular done when persons have come out of Poole's with parcels—it has been more at Stohwasser's and Smallpage's and Bennett's—when the outdoor workmen have called for their work I have seen the pickets follow them as they come out certain distances till they met other pickets, and they have told them where they came from—I have on one or two occasions heard what they have said, that he or she had got work from Sraallpage's; and on that the other pickets have followed them and taken up the chase, and the old
picket would return to his post; I have seen that occur on several occasions—at the first part of the strike the pickets were on duty as early as five o'clock; there would be perhaps three or from three to four or five on each shop—some mornings there would be more than at others; in the middle of the day they would increase to about six or seven, and in the evening part up to as many as twenty, thirty, forty; in fact I have seen as many as 150 in one street—some would parade up and down the footway, and if the police in uniform came to disperse them they would walk up and down in the middle of the road; this applied to the three shops I have mentioned and likewise to Mr. Smallpage's, there was no difference made—I never heard them say anything to the persons who came out further than point and beckon, and generally two of them followed up close—if it was a female they would follow her more closely than they would a man; they would leave the street altogether—I cannot say that I have ever seen anybody come out with a bundle who was not followed—they have not done so much following lately, but I have noticed the people who come out generally keep a very sharp look-out and try to get away from them—I was present on one occasion in Marlborough Street when a woman with a bundle ran into the police-court for protection; two pickets were after her at that time; that was at the latter end of June or the commencement of July—the same conduct was pursued at all the tailors' shops who would not receive the strike men—I have frequently seen customers come to the doors of tailors' shops in carriages, and the pickets have generally got near the door and stood there till the customer has gone into the shop and waited till they came out again, unless the police in uniform came up and sent them away—they have stood quite close against the door and on the steps; in fact I have seen them sit on the steps smoking their short pipes: that has been a common practice at the different shops—I have seen two or three at a time, there has been one sitting down and two talking to him, leaning against the railings right against the door steps—they would sit there until such time as they saw a policeman coming along, and then they would move; and when the policeman was gone they would return to the same point—that was continued pretty much throughout the day, principally in the middle of the day—in the evening, when the men knocked off work, the pickets mustered all hands, and when the men came out they would follow them and say, "Here they come, the cowards"—they would say so to each other, not to the men themselves; it was said loud enough for the others to hear—they said, "Here they come, the cowards; is not he a dung? that's him," and they have followed them whichever way they have gone; in fact, I have gone with them as far as half aud three-quarters of a mile, they have been afraid to go away by themselves—I have seen Smallpage's men followed by about half a dozen—I was not sufficiently close to hear what they said when they were following them, because I was with the workmen—the collection of men of an evening was more at Smallpage's, Stohwasser's, and Meyer's—these were the three shops principally picked out—that was carried on very strong for about three weeks or a month—I have seen as many as 100 or from that to 150 of an evening, pretty well every evening during the three weeks or a month, more so twice a week, on Tuesdays and Fridays—we have noticed, too, the same kind of language has gone on on all these occasions—after a time the pickets got acquainted with us, but the same matters went on to the same extent in our presence; they paid very little attention to that—we were pointed at after we gave our
evidence at Marlborough Street—I have seen the five last-named defendants at Smallpage's and that neighbourhood on picket duty at different times in the day, in the morning and in the middle of the day, and of an evening, the whole of them—I have seen them at times when this language has been used—I have seen Levine and McDermot follow persons once or twice, and I have seen them both present while this language has been used.
Cross-examined by MR. COLERIDGE. Q. suppose you pointed yourselves out by giving evidence; then you were known after that? A. Yes—I do not think they knew us before—I have been an ex-sergeant twelve months—I get 2l. 10s. for this, the same as Mitchell; nothing besides, only travelling expenses if we have to take a cab or omnibus—sometimes we go together, sometimes alone—the strike was going on while I saw the men sitting on the doorsteps aud smoking their short pipes—they had nothing to do further than going on picket—I recognise them as being tailors because I have seen them come from their committee-rooms—I mean public-houses.
----SILVERTON. I was acting inspector on duty in the neighbourhood of Conduit Street and Maddox Street in April, May, and June last—I observed the system of picketing in this strike—I have seen men posted on the different master-tailors' shops, sometimes early in the day; there were between five and six in each place, sometimes more, sometimes less—I have seen persons go into these places with parcels and leave with parcels, and as soon as they have been seen to come out it has been taken up by the pickets—I have seen one picket make signs to another in this way with his thumb over his shoulder, and that has been taken up until the party has been followed right out of my sight—on several occasions complaints have been made to me by the parties, and I have sent constables, who were stationed on the different establishments, to follow them, for protection—I was on that duty for nearly three months, with so many extra policemen—I have not heard any language made use of at the time the workpeople have been leaving—I have not been close enough—when they saw me they used to take themselves off—I had to place about twenty-six additional policemen in the neighbourhood in consequence of this system—they commenced duty at six in the morning till about nine at night, by reliefs—I know the public-houses that were used as committeerooms—I have seen Druit and Lawrence go in and out of the different public-houses where the pickets have gone to and from their beats, and I have seen Druit and Lawrence visit the pickets when they have been on duty.
Cross-examined by MR. KEANE. Q. What do you mean by visiting them? A. No to them and speak to them, and make memorandums in a book, and then go to another lot.
JOHN HENRY SMALLPAGE. I carry on the business of a tailor in Maddox Street—I employed a great number of persons about the time of the strike in April last—I had about eighty in my employment in and out at the time of the strike—all of them, except four or five, absented themselves—the next day I observed the picketing system—a great number of persons were ready to take work from time to time from me if they had been permitted—a great many wrote me letters stating that they were willing to work for me, some who had not been in my employment before, and some who had were willing to come back, but they dare not—from that date onwards my house was picketed, and has been up to the present time
—I have seen from one up to sixty outside my establishment—I know them as tailors—some had previously been in my employment—I am sorry to say there are two of them in the dock, Tremaine and Levine—they let me at the time of the strike—the picketing has never ceased as I know of since the 22nd April—I have observed the same system pursued at other master tailors' establishments in Bond Street, Savile Row, Hanover Street, and Hanover Square, and all the streets where there are master tailors' shops—in the first instance more particularly they followed the work people—I followed one woman some distance who came out of Buckmaster's the day after the strike—a man followed her for some distance up Regent Street—he then left her, and another took it up and followed her, and went such a distance that I gave up watching them—for the first four weeks I suffered great injury in my business by reason of this proceeding, and for the first few months a great impediment, because no workman dare come near me—they sent their wives and children—I gave them work to take away, or rather my foreman did.
Cross-examined by MR. COLERIDGE. Q. Has your establishment a window to it, or is it merely a private house? A. It has a window—I was one of the first to put up a notice "No unionist need apply"—all the master tailors affected by the strike did so—the men would not let us have the workpeople come, and of course we said we would have nothing to do with the unionists.
Cross-examined by MR. SERJEANT PARRY. Q. Are you a member of the master tailors' association? A. am—it has existed about twelve or eighteen months; it is an association to protect our interests in the trade—I know what a lock-out means—I believe it is where the master tailors discharge the whole body of their workmen, because they have some ground of grievance against them—I believe they combine—I did so before the association was formed last year—that was sometimes done with regard to not having the men in, but not since the association was formed—a lockout is a strike of masters against the men—I was engaged in striking against my men before the association was formed last year—I cannot rightly say how many masters were engaged in that—I was not on the committee—to the best of my belief I should say there were fifty or sixty master tailors engaged in it—we did the same thing—I believe it was arranged that we should not employ the men longer; I do not know whether that was by way of form of resolution, because I was not at the meeting when it was settled—I believe there was a meeting when it was settled, but I was out of town—the lock-out only lasted a few days; not a fortnight, certainly, as regards myself—I can scarcely tell you the cause of dispute—it was a demand of the men for an increase of wages—I think we conceded them sixteen per cent., and they still wanted more—I then, turned them all away, I believe every one—I think about 1000 or 1200 operatives were locked out at that time.
MR. SERJEANT BALLANTINE. Q. When you discharged your men did you do any act of any kind whatever to prevent them getting work elsewhere? A. Never; I never stationed any person to watch them, nor employed any person to interfere with them—I uttered no threats of any kind to any one of them—they wanted certain terms to which I could not agree; they insisted on them, and on that I discharged them.
SAMUEL MOORE. I am partner to Mr. Stohwasser—I was one of the masters struck against—on the day following the strike pickets were put on our establishment, and have continued from that time to this—they
have been watching there—I go to business at nine in the morning, and have seen them at that time, five or six, or ten of them, just in front of the house—it is a corner house—it has been an inconvenience to me, preventing me getting my work done, because the people were not allowed to come into the house—there were persons who were willing to be employed by us alter the strike—we have had many applications, some came for work to our place—when they went away I have observed the pickets following them, that was done constantly—one man, a Pole, came in for work on the 28th April, and one of our men formerly employed by us followed him to Broad Street, and into his lodging—other persons have been followed as well—sometimes there have been a great number of persons before our doors of an evening, for the first two or three weeks—I might see hundreds come there of an evening, they were persons I recognised as tailors on strike, not all, but the greater purt I should say were tailors—they have used language towards our workmen when they were going away—I heard them call one, Simpson, a dung, and they hissed at him, and grinned at him—it went on for about a week, getting worse and worse, until the police interfered and took some of them into custody—when customers came they would stand at the doors as close as they could get, and gentlemen going in and out very often remarked what a nuisance it was—they were close to the customers, and on one occasion they occupied the door-steps.
Cross-examined by MR. COLERIDGE. Q. presume you put up in your window, like the other gentlemen, "Good hands wanted; our unionist need apply?" A. He did—we did not lock out against the men—never—not on any occasion—we were one of the fifty or sixty houses that did—that was when the men struck against us—we did not lock them out.
MR. SERJEANT BALLANTINE. Q. Do you remember on one occasion a person having work and taking it away? A. Yes, and coming back again with two men—he told me they had brought him—they stopped about five hundred yards from the house, and I could not see them, but he said they were waiting for him, and he brought back the work and left it, and said he was afraid to make it.
MR. COLERIDGE. Q. suppose after a time that became the subject of a good deal of excitement in the neighbourhood? A. Yes—I should say that the greater part of the persons collected were tailors—I should suppose there were three hundred persons there—they came to annoy our men—it was about the time of their leaving.
RICHARD PRICE. I am foreman to Mr. Bowater—his was one of the shops struck against—it has been picketed ever since the commencement of the strike, sometimes by two or three in the morning, sometimes more—in the evening numbers have assembled on the opposite side of the street—I have counted fourteen or fifteen there, not altogether at our shop, but there are other shops in the same street, where the same thing has been done—we had close on forty workmen employed at the time of the strike, in and out, and when the strike came there was only one and a half left behind—numbers of people applied for work after the strike—I gave some of them work—I saw them leave the premises with it—they have been followed by the pickets, and have been intimidated on several occasions—I have seen the persons who followed them speak to them, and they have made application to me for protection, and have come back to me—the same system is continued now.
Cross-examined by MR. COLERIDGE. Q. suppose the persons who have
come back to you have been those who came to you fresh since the strike? A. One that left is now working for us—persons have come and asked for work, aud have been taken into our employment—the persons who have come back and complained had been in our employment before; they were prevented from coming for their work, on account of the intimidation held out against them.
MR. SERJEANT BALLANTINE. Q. Do you know the handwriting of a person of the name of John Hall? A. do—he was a man that was picketing at the first of the strike at our establishment—I received this book of him—this signature, "John Hali," is his writing.
THOMAS DODGSON LANDON. I am a military tailor—I know Lawrence very well, he filled the office of secretary of the Operative Tailors' Association—he was never in our employment—I have merely known him as the secretary and corresponded with him—I know his handwriting—the whole of the signatures in this book are his writing. (This contained certain entries by Hall, with remarks by Lawrence on each page..
ROBERT BENNETT. I am a master tailor at 44, Conduit Street—at the time of the strike I had about sixty men, including in and outdoor workers; they all left except one—others were willing to work for us after the strike—pickets were stationed at my door from the time of my getting there in the morning till I left in the evening, which varied in both cases—when persons left my premises with work I have occasionally seen them followed; nothing more than that—I received a letter exactly like this, and handed it to Messrs. Vallance.
Cross-examined by MR. COLERIDGE. Q. take it for granted that you put up the card that all of us saw? A. did—I locked out my men some time ago.
COURT. Q. You dismissed them? A. did, upon grounds which I should rather be pleased to explain—it was our doing entirely.
Cross-examined by MR. SERJEANT PARRY. Q. Were you present at the resolution that was passed by the master tailors to dismiss the men? A. was—a formal resolution was moved, and seconded, to lock out our men until certain men who had struck against other houses had returned to their work—they had struck against three houses—I can't tell how many men those particular houses employed—Mr. Poole I reckon on an average employs 500, and there was Mr. Stohwasser's; altogether from 600 to 700, I should think, had struck against the three masters—to the best of my belief about thirty or forty masters combined together upon that to dismiss their men—the substance of it was in order to compel the men on strike against the three masters to return to their work—the wording of the resolution was that we would lock out the men until those houses had made some terms with their workmen—that lasted about a week, the terms were made very quickly under those conditions—I think between thirty and forty masters were present when that resolution was passed—I don't think there were any absent who were bound by and acted upon that resolution—the masters' association was not formed at that time.
MR. SERJEANT BALLANTINE. Q. Did you interfere in any way with the men getting work elsewhere? A. Not at all, or put them to any inconvenience or annoyance.
EDWARD SAMPSON LAWRENCE. I carry on business as a master tailor in Maddox Street—we were one of the establishments that were struck against—we had about thirty persons in our employment—they all left at the time of the strike—we were picketed by from five to six men, and very
early in the morning—they have been at my house from twelve to one at night—that continued for about three weeks or a month—it was the cause of very great obstruction and impediment in the carrying on of my business, and much to the annoyance of my family—they followed my wife and daughters, so that they could never go out—they abused some of my men, and used insulting language to several females who came to and from my house—they reported it to me—I did not hear it myself—it was neither of the defendants—I recognise Levine and Tremaine—I have, seen them constantly, in fact daily, in company with others picketing.
Cross-examined by MR. COLERIDGE. Q. Have you, on the part of the masters, met any of these men? A. Yes—I have been on the committee, and I have met Lawrence frequently, and Druit—they always appeared anxious to come to some settlement—in fact, they always spoke in a moderate way—I always found them very gentlemanly—I have put up a notice that I would not have any unionist men—I was one of the fifty or sixty firms that locked out.
MR. SERJEANT BALLANTINE. Q. suppose when these proposals were discussed, the' masters would have been very glad to have come to some agreement? A. Yes, if we had thought them consistent—we could not do so on the proposition of the men themselves.
WILLIAM BENNETT. I am foreman and salesman to Mr. Poole—when the strike took place, of all our indoor men only two remained—there were close on 500—these two were allowed to remain because they were very old, and one was deaf and dumb—pickets were put on our establishment directly—it was my duty to watch these pickets as much as possible—I had several applications made to me personally from workmen, who would have been very glad to come to our firm, if it had not been for the pickets—we sent out work at times, and the pickets followed the persons who took it—I did not hear much said, but I saw a great many motions made to them—that has continued up to the present time—it interfered with our getting work done a great deal at the beginning.
Cross-examined by MR. COLERIDGE. Q. This deaf and dumb man, I suppose, could not hear argument? A. If he had been able to hear argument I do not believe that they would have allowed him to remain—we put up a notice that unionists need not apply—we locked out last year—we could not agree with the men as to the rate of wages—I cannot say whether they were dismissed, because Mr. Poole sent me over to Paris at that time—he did not come to any agreement with them, and they left—in consequence of their leaving I was sent over to Paris to get other men.
GEORGE WATTS QUALLETT. I am an auctioneer and house agent in New Bond Street—I have carried on business there twenty years—after the strike was declared I had frequently an opportunity of noticing the pickets—they were at every corner of the street, and before every tailor's door—their conduct appeared to me most offensive—they were lounging at the corners of the streets, smoking vegetable substances, spitting on the pavement, and staring at the carriages, pointing at them, staring at them—whenever a carriage stopped the pickets would approach too near to be decent or respectful, staring at the persons who got out—they seemed to be instructed not to do anything more.
HENRY WEBBER. I am a wine merchant in Saville Row, close to Mr. Poole's—from the 23rd and 24th April downwards I have observed from time to time the picketing going on in Saville Row, near Mr. Poole's—I have seen them pointing at men who I presume were leaving their work at
Mr. Poole's, making remarks; in fact, I have heard them use the words coward and cur, calling across the road—I have been sitting in my room upstairs after my office was closed and heard those remarks made by men who were picketing all day and every day—I can point out several here—these remarks were made to persons leaving Mr. Poole's place of business, who looked to me like workpeople—I have seen that conduct pursued from the commencement till very recently—I complained to the police of it, for they were standing under my doorway smoking offensive pipes, and spitting about the place, and by their presence preventing people from coming there, and compelling them to move on.
DRUIT, LAWRENCE, and ADAMSON— GUILTY. Strongly recommended to mercy by the Jury on the ground of the supposed legality of what they did. — To enter into their own recognisances to appear for judgment when called on. The other defendants were ACQUITTED.
NEW COURT.—Wednesday, August lst. 1867.
Before Mr. Justice Mellor.
748. ELIZA TIBBY (32) was charged, on the Coroner's inquisition only, with feloniously killing and slaying Charles Tibby. The Grand Jury having ignored the bill. MR. LILLEY, for the Prosecution, offered no evidence upon this inquisition.
MR. COOPER conducted the Prosecution, and MR. WILLIAMS the Defence.
GEORGE ELLIOTT. On 1st July, about twenty minutes to nine o'clock, I was in Endell Street, and had just passed Short's Gardens, when a man came in front of me, made a snatch at my watch chain, and broke it from the watch—I held my hand on my watch—I put up my stick, and was about striking him when the chain broke—the prisoner, I firmly believe, and another stood close at my elbow, and directly the chain dropped I was pushed backwards; I pitched on my shoulder and elbow, and my arm was broken—I saw three of them—I got up as quick as I could and went to Bow Street Station, and then to Charing Cross Hospital to have my arm set—I was sent for on Wednesday morning, went to Bow Street, and selected the prisoner out of fourteen or sixteen others—he sat in a corner—I told the policeman there was one man there who I did not like the looks of; he said, "Go in again, I will go with you," and the more I looked at him the more I felt convinced that he was the man—I should be very sorry to take a solemn oath, but it is the impression on my mind that he is the man.
Cross-examined. Q. Had you ever seen him before? A. No—I cannot say whether there were more than three men, but this is a remarkable man.
COURT. Q. What is there you fix on as remarkable? A. His countenance and his looks, and when I saw him in the corner his eyes caught mine and he dropped his eyes.
FREDERICK CURLING (Police Sergeant 10 F). On Wednesday morning, 3rd July, I took Elliott to see the prisoner in the jailor's room at Bow Street—he did not identify him, and left the Court—at that time the prisoner was sitting in the lobby with several other men—Elliott said something, but I do not think he could hear it—in consequence of what he said I took the prisoner in custody and told him it was for assaulting Elliott and attempting to rob him—he said, "I was not near the top part of Drury Lane on that night"—I had not mentioned the whereabouts, nor had Elliott—the top of Drury Lane is close to Short's Gardens.
Cross-examined. Q. Did he go there for the purpose of identifying the man who had robbed him? A. Yes; he came for the purpose of seeing another man who was in a room, and the prisoner was in the Court—we had to go through the lobby first—he did not go in first and come out again, nor did I then take him back again; if he says so it is not correct.
AMELIA EDWARDS. I am the wife of Henry Edwards, and occupy part of No. 1, West Cottage, Millwall—the prisoner is my brother-in-law; we let him the kitchen—I gave him in custody for striking me on 11th June, between twelve and one at night, to a constable named Feary Watkinson, and he then struck me again as before with a chair which he had been sitting on outside—the constable spoke to him, and the prisoner struck him also with the chair—I shut the door and went up stairs; after a few minutes I heard a noise for a moment and then it was still some time, and I came down stairs and saw Watkinson bleeding from more than one wound on his head, and the door, which I had closed, broken open—he was just inside the door—I sent for the police doctor.
COURT. Q. Has the prisoner a wife? A. Yes—he is my sister's husband—my sister was outside—the prisoner was not intoxicated—I had had no dispute with him; he asked me to lend him 4d., and I did so; he then said that he would throw it in my eye—I had said nothing to him.
Prisoner. Q. Did not you go up stairs to Mr. Gladworthy, and in a few minutes come to the foot of the stairs and say, "You b----s----, you have brought the old b---- home in a pretty humour!" and then slap my face? A. No—I have not lived with my husband these three years—after I had been up stairs you could not be found; I do not know where you were—I saw you in the morning just before you were taken at the next door but two—you had no wounds on your head then that I could see—I did not see you wounded at all that night—I heard the door broken open; I came down ten minutes after that—my sister was not in the house.
MARY ANN GALDWORTHY. I am single, and live at 1, West Cottages, Millwall, in the same house as the last witness—on 11 th June I went to bed about 11.30—I had been up stairs about three-quarters of an hour when Edwards called me down to fetch a policeman—when I got down I saw the prisoner at the door, calling her awful words—there were two or three chairs outside—I went for a policeman and returned with Watkinson—the prisoner was then sitting outside, and Amelia Edwards was inside the door, on the stairs—she said to the policeman, "I will give this man in charge for insulting me"—the prisoner said, "Give me in charge,
you b----wh----!" and took up a chair and hit her across the head—the policeman said, "If you ill-use that woman I must interfere with you, governor"—he took no more notice, and she went up stairs—the prisoner was putting the chairs inside the door, and he took up one and hit Watkinson across the head—the prisoner's wife was outside, hallooing, "Oh! you will kill my husband! "—they were then struggling outside—at that time Amelia Edwards had gone up stairs; the door was open, the prisoner went into the house, and Watkinson went in after him—the prisoner took up this piece of a fender (produced., which laid by the side of the door, and struck Watkinson three or four blows across the head—he fell, and bled from his head—the prisoner then took his staff away from him and hit him with that while he was lying down, and he put up his arm.
Prisoner. Q. Where were you all the time I took the fender and hit the policeman? A. stood on those four stairs inside the passage—the fender belongs to the kitchen—I saw you go into the kitchen.
Prisoner. The fender was never used, nor yet the policeman's staff.
COURT. Q. Are you sure he struck him with the piece of fender? A. Yes—I did not see the prisoner bleeding, I saw no blow struck on his head; I only saw him knock his forehead against the street door as he burst it open—that was all the violence I saw done to him—I was outside when he broke it open.
FEARY WATKINSON (Policeman 214 K). I was on duty in Millwall, and Mary Ann Gladworthy came to me in the street—I went with her to 1, West Cottages, and found the prisoner there; Amelia Edwards made a statement in his hearing, and said that she would give him in charge for striking hert and he struck her again with a chair in my presence—I said, "I shall have to take you in custody for striking that woman," and I had no sooner said so than he knocked me down with a chair—I got up and got hold of him; we had a struggle, and he got away and ran in doors—I got up and followed him, and as soon as I entered the passage he struck me on the head with something and knocked me down; I cannot say what with, as it was dark in the passage—I became insensible, and know nothing of what occurred afterwards—a doctor was sent for and I was taken home—he did not appear drunk.
Prisoner.. met you coming out of my bedroom; you tried to plunge by me, and set to hitting me about the head with your staff, and in self-defence we both went down.
Witness.. did not strike you till you struck me—I did not see any bleeding from your head before I became insensible—I was not near your bedroom—I was in the street.
ROBERT LOCK. I live next door to Mrs. Edwards—I saw no blows struck, but I heard Watkinson say, "If you interfere with that woman in my presence I must lock you up"—after that I saw him strike the policeman with a chair.
BERNELL GRANT , M.R.C.S. I am surgeon to the police, and live at Queen's Terrace, Isle of Dogs—on 11th August I was sent for to 1, West Cottages, and found Watkinson there with a wound on his forehead, another on the left side of his head, and another on the back of it—that on his forehead was a star wound, as if it had been broken open; it went to the bone—it might have been inflicted with a constable's staff or with a chair—this piece of a fender might have inflicted the other scalp wounds—if it had been used violently it would have broken the bone—the bone was not broken—he lost much blood, and was in a great deal of danger; it
will be a very long time before he recovers, the shock to his constitution is so great—I found an injury on both arms, and the bone of the right arm was injured.
COURT. Q. Were the wounds in themselves dangerous? A. Not at all—I did not see the prisoner.
GUILTY.*— Eighteen Months' Imprisonment.
MR. HOUSTON conducted the Prosecution, and MR. COLLINS the Defence.
JAMES CALLAGHAN. I am a carpenter, of 11, Queen Street, Islington—on 6th July, about half-past three in the afternoon, I went to the Navarine public-house, Dalston, to meet a friend—I remained there till about 11.30—I was sober when I went there—the prisoner came in about four o'clock, and about eleven o'clock he said that he was a Roman Catholic; I said that I was a Protestant—the landlord put him out, and I went out shortly afterwards, and met him outside—he came in a second time as far as I recollect—we had no quarrel, but he struck me without any provocation on the shoulder, but I did not see what he had in his hand—I got very faint, but did not know that I was wounded—I was taken to an hospital, and remained there fourteen days—the prisoner had had something to drink, but he did not appear tipsy.
Cross-examined. Q. Had you been drinking? A. Yes, off and on, and playing at skittles—I am an Irishman, and so is the prisoner—I did not run up to him when I got outside and take hold of his shirt, nor did we both fall together—I knew what I was doing—I think he was eating something at the counter, but I saw no knife—I was by myself—a man named Martin was there—the prisoner did not assist me after I was knocked down—it was the potman—we did not go up the Grove together—my friend did not come—I was in the house when the prisoner came in the second time—Martin was in our company—he saw all that took place.
WILLIAM WHITEMAN. I am potman at the Navarino tavern, Dalston—on Saturday night, 6th July, about 11.30, the prosecutor and prisoner were standing at the bar drinking together—the prisoner said that he reckoned himself a Roman Catholic, and Callaghan said, "I am a Protestant"—the prisoner made some threat of an assault which I did not hear, and the master put him out, but he came in again, and called his friend Martin out, and Martin and himself and Callaghan all went out together up Navarino Grove—when they were about forty yards from the tavern I saw the prosecutor and Coleman sparring I ran up directly, knowing that the prisoner had got a dagger-knife on him, as I had heard he had produced it at the bar—Callaghan had just tumbled on the floor, and the prisoner had got the knife, just going to strike him again—I did not see him strike him first—I knocked him down, that he should not use it a second time—he got up, ran round the field, and went in doors to No. 7, he and Martin together—I helped Callaghan up—he said that he felt very faint, the sergeant came up with a light, and said, "Take him to the hospital."
Cross-examined. Q. Did you see Callaghan fighting Martin? A. No, only sparring—I did not see Callaghan hit Martin, or pull the prisoner's shirt—this was forty or forty-five yards from the public-house; no one was there but Martin, Callaghan, and the prisoner—the prisoner's house is seventy or eighty yards away.
JOHN BRIDGE. I am landlord of the Navarino tavern—on the afternoon of 6th of July I saw the persons at my bar—they did not stop there above five minutes, they went out to play at skittles—there was no quarrelling, but about eleven o'clock I heard the prisoner say, "If any one touches me, he is a dead man"—he knew what he was about, but he had had a drop to drink—I put him out, and in about five minutes, when I opened the door, he came back again—I told him to go out—he went out—Martin followed him, and Callaghan followed Martin—the prisoner had showed me a knife similar to this a week previous, and I told him I should not like to carry such an instrument about me—when I put him out he put his hand to his side.
Cross-examined. Q. Had he been drinking all the afternoon? A. Yes; but sometimes if they are playing at skittles they do not have a great deal of beer—Callaghan had been drinking, and was worse than the prisoner.
JOHN GARDNER (Policeman. 9 N). I saw the prosecutor lying on the pavement in Graham Road, Dalston, and Whiteman an sitting by his side, I turned my light on and saw that the front of his shirt was saturated with blood; I found he had a wound on his shoulder, I called two doctors, and sent him to the hospital—between two and three in the morning of the 7th I went to the prisoner's house, 7, Navarino Grove, and found him in bed; I awoke him, and told him he was charged with stabbing a man named Callaghan outside his house last night—he said, "What I done I done to defend myself"—I showed him the knife, and said, "Is this your knife? "—he said, "Yes, it is"—it had been handed to me by 341 N; I had it in my hand at the station, and he said, "I took out that knife to defend myself; several men attacked me; and I would do it again."
ANDREW BODEN LION. I am a surgeon, of 123, Graham Road—on 7th July I was called to see the prosecutor, and found him perfectly insensible, partly from loss of blood, and partly from inebriation; on opening his waistcoat and two shirts, which were saturated with blood, I found a stabbed wound on the top of his shoulder half or three-quarters of an inch broad, and an inch and a half or two inches deep; it had then ceased bleeding—this knife would produce it—it was dangerous, from the loss of blood, and an artery was cut, which had to be tied—I saw the knife, there was blood on it then.
Witnesses for the Defence.
EDWARD MARTIN. I am a compositor, and an Irishman—the prisoner is a compositor, and an Irishman—I was at the public-house on this evening and saw Callaghan there; we all left between eleven and twelve, I left last, about three minutes after the prisoner, and when I got outside the public-house he was talking to the landlord's wife at the door—I did not see Callaghan come out—I saw him when he was out, he was drunk—he did nothing to me, but the potman struck me, and the prosecutor said that he had nothing to say to me—I noticed at the public-house that Callaghan was displeased with some one—when the potman struck me I called out, "John," once or twice; the prisoner ran to my assistance, and Callaghan rushed at him; the prisoner then ran in the direction of his lodgings—I believe Callaghan got the wound when he rushed at the prisoner.
Cross-examined by MR. HOUSTON. Q. Did you see the prisoner with a knife in his hand? A. No; I have seen him with a knife like it; there was no quarrelling in the public-house, but something was said about religion.
COURT. Q. When the potman struck you, and you called out, "John,"
what happened? A. knocked the potman down, and the prosecutor told me not to strike him down, and, fearing the prosecutor was going to strike me also, I called the prisoner to help me—I called, "John," the prisoner came, the prosecutor rushed at him, and they both ran in the direction of the lodging-house where the prisoner and I were lodging—I was tipsy, and so were the prisoner and prosecutor.
GUILTY of unlawfully wounding. — Seven Months' Imprisonment.
MR. HARRIS conducted the Prosecution, and MR. METCALFE the Defence.
MR. HOUSTON conducted the Prosecution, and MR. INGRAM the Defence.
CHARLES HOOD. I live at 15, Stanley Buildings, St. Pancras, and am a steam-engine erector—the prisoner works in the same shop—on 9th August I went to tea with him at his house at the cattle market—his child began to cry, which annoyed him, and Mrs. Lowe said, "What can I do with it? I have no peace in doors, and if I put them outside the superintendent canes them in again"—I asked him if he allowed any one to cane his children, and said, "I should suffer no man to cane any child of mine"—he said that he supposed I had come there to take his wife's part, and said, "I suppose she has been a wh— to you"—I said, "George, if you think so, I will go"—he said, "So you may"—Mrs. Lowe said, "Do not go, Mr. Hood, my life is in danger;" he made a rush at his wife, took her by the shoulder, put her out of doors, locked the door, and got this carving knife (produced. and made an attack on me with it—my right hand was cut, and I then took the knife from him, and he attacked me with this carving fork and stabbed me in the ear and on the face with it—he then attacked me with this other knife, but did not hurt me with that—I demanded to get out several times, and at last forced the door with the tongs, when I got out he made a rush at me and struck me on the left breast—I thought it was with his fist, and knocked him down, and as he fell I saw that he was holding this knife (produced.; it bent in this form, and I took it from him—he threw a plate of butter and a cup and saucer at me before I got out—my hand bled very much, and so did my ear and my face, but they were all slight wounds, the blow on my breast did not ever penetrate my coat.
Cross-examined. Q. Was he sober? A. He had had two glasses of whisky and water, and two glasses of sixpenny ale—I went to tea there at his invitation—it was not a meat tea—he ran his wife out—and locked me in—he was very much excited—I had not taken the slightest familiarity with his wife; he never found me in her bedroom—I never slept in her bedroom.
WILLIAM HILL. I live at 22, George Road, Kentish Town, and am a costermonger in the cattle market—on 9th August I was called to the prisoner's house, and saw Hood bleeding from the ear and hand—the police came up at the time I knocked at the door—the prisoner said, "Who is there? "—I said, "Police"—he said that the first man that came in he would kill, I told him to cool himself—he was a long time opening the door, and when it was opened he was cutting something with a knife; there was a
bedstead inside the door, and he was cutting down at the crack of the door and struck at me, but I parried it off with my wrist, and the top of the knife cut my hand.
EDWARD MONAGHAN (Policeman 431 A.) About four clock on 9th August I went with Hill to the prisoner's house; we forced our way in, and were striking at the door some considerable time; when the door opened Hill went in with his hand in this way, and I saw his hand cut—we had to force the door open with a jemmy. as the prisoner had a bedstead against it.
GEORGE TAIT. I am a surgeon, of 258, Camden Road—on 9th August Hood came to me with a slight injury on his left ear, some small punctures on his nose, and a small cut on his right hand—either of these knives might have done it—all the injuries were very insignificant.
Cross-examined. Q. Might the wound on the ear be done with a fork? A. No—that was a cut—there was no danger.
GUILTY of unlawfully wounding. Recommended to mercy by the Prosecutor. — Four Months' Imprisonment.
THIRD COURT.—Wednesday, August 21st. 1867.
Before Mr. Justice Shee.
MR. GRIFFITHS conducted the Prosecution, and MR. PATER the Defence.
JOHN WOLF. I am a merchant, and reside at 41, Bedford Square—between nine and ten on the evening of the 25th July I was in Caroline Street—I noticed three or four men—the prisoner was one of them—when I got to the corner of Tavistock Street there was one on each side of me, and the prisoner in front—he grasped my watch—the chain broke—I took the watch out of his hand—he ran away and I followed—when nearly at the top of Caroline Street one of the men tripped me up—I got up and followed the prisoner—when I got close to him he threw himself down—a constable then came up and I gave him in charge—I never lost sight of him—my watch was a valuable one.
Cross-examined. Q. Will you undertake to say this man was standing near those three or four persons? A. He was one of them—I could not recognise the lot, but I am certain the prisoner is one of them—this happened very near Bedford Square—it was dusk—the other men were taller than the prisoner.
JAMES MIDDLETON. I live at No. 1, John Street, Hanway Street, and am one of the local constables—on the night of the 25th July I was in Hanway Street—I heard cries of "Stop thief!" and went in the direction of those cries—I found the prisoner on the ground—Mr. Wolfe was there—the prisoner tried to get away, and got on the top of him—I asked Mr. Wolfe what was the matter, and he charged the prisoner with robbing him of his watch—I told I was an officer and would take the prisoner into custody—I asked the prisoner if he had got anything about him, he reached
out both his hands and said, "I have got no watch; I have got no watch"—I said, "You must come with me to the station"—he was very violent and I had to call the assistance of another constable—I afterwards went to the spot where Mr. Wolfe said he had been robbed and found a piece of his guard.
Cross-examined. Q. How many persons were there when you first entered on the scene? A. Twenty or thirty—it was a very fine night, and the gas-lamps were burning.
Cross-examined. Q. Has he sober or not? A. He was under the influence of drink, but he knew what he was about.
GUILTY.— Fifteen Months' Imprisonment.
FOURTH COURT—Wednesday, August 21st. 1867.
Before Mr. Recorder.
758. JOHN CLARKE* (19), to breaking and entering the dwellinghouse of George Bartlett, and stealing twelve knives and other articles.— Seven Years' Penal Servitude. [Pleaded guilty: See original trial image.]
762. CHARLES GODFREY (20), to stealing three pecks of horse-provender, the property of his master; and EDWARD FENNINGS (43), to feloniously receiving the same; also to stealing a peck of horse-provender, of the Great Northern Railway. FENNINGS— Eighteen Months' Imprisonment; GODFREY— Twelve Months' Imprisonment. [Pleaded guilty: See original trial image.]
MR. METCALFE conducted the Prosecution, and MR. WARTON defended Petty.
ROBERT GOODERSON. I am a letter-carrier of the West Central District—on 6th July last I was on duty in Russell Square between half-past two and three o'clock—I was passing from the railings of one house and preparing to deliver the next letter—I saw three men—I heard one say, "Here comes a postman"—all three then ran and pushed me against the railings—I expostulated, and Petty struck me a violent blow in the mouth, causing it to bleed—Press pushed up against me before I was struck—the inspector came and took my letters and I followed Petty—all three ran into a public-house and joined another man whom I had not seen before—I said I was determined to have Petty and Press for pushing me about—they threatened to rip my b----guts open, and ran through Queen Square into another street, where I met a policeman, who took Petty into custody—I was followed by Mr. Weaver.
Cross-examined. Q. Was there any attempt to steal the letters? A. No—I was seriously hurt—I have not suffered any evil consequences from the injury, so as to keep me from my work—the policeman took the address of Press—I stated at the police-court that the prisoners used the expression "rip my guts open"—I am sure they used it.
EDMUND WEAVER. I am a schoolmaster, living at King Street, St. Luke's—I was passing from Neville Street to Russell Square—I saw Press push Petty against the postman—the postman said something, and Petty struck him in the mouth, which bled—I told the postman to lock him up, to look for a constable—we followed Petty to the bottom of Russell Square or Southampton Row, where the inspector came up and took the postman's letters—the prisoners were joined by others, who came out of a public-house—they abused the postman, and said they would rip his guts open and smash his nose—I followed them till they were taken into custody and never lost sight of them.
Cross-examined. Q. Did you state at the police-court that the prisoners made use of the expression "rip your guts open?" A. Yes.
GEORGE JEFFRIES. I am an inspector of letter-carriers—on 8th July I was going through Russell Square, and saw Gooderson surrounded by several persons and bleeding at the mouth—I asked him what was the matter—the prisoners were within hearing—he said Petty had struck him—I secured his letters, took them to the post-office, and returned to Southampton Row, where Gooderson was still contending with the prisoners in Cosmo Place—I followed them till an inspector took them in charge.
Cross-examined. Q. Did the prosecutor say that Petty struck him? A. No, he pointed at Petty.
THOMAS MINTON (Policeman 127 E). I took Press into custody by direction of the letter-carrier—he only remarked to me he was not going to the station—I told him ho would have to go, and he said, "Well, it is only for assault."
Cross-examined. Q. You had a note-book? A. Yes—I took it out to take the address of Press in order to summon him for the assault.
ROBERT CARTER (Policeman 117 E). I saw Minton take Petty into custody—I followed the prisoner and assisted to take him, I put my hand to his neck—he said, "What are you going to do with me? "—I said, "You must go to the station for knocking the postman about, and for what I know you have robbed him"—I have seen the prisoners in Russell Square several times before.
Press. Q.. At the police-court you said I only made use of the words
"Let us nick him?" A. Yes—we followed you through the inner side of the square—I went away for assistance, and was away, not twenty minutes, but eight or ten minutes before you were given in charge—I was within six yards of you when I heard you say, "Let us nick him! "
Press.. was in liquor, and accidentally pushed against the man and apologised, but it was of no avail, and he gave me into custody.
GUILTY of a common assault. . PETTY*— Three Months' Imprisonment. PRESS**— Twelve Months' Imprisonment.
MR. WOOD conducted the Prosecution, and MR. WARTON the Defence.
JOHN GUSTAVSON (by an interpreter. I belong to the ship Josephina she was lying in the Commercial Docks—I was at Tower Hill at eleven o'clock on the evening in question—two other men were walking with me to go to the ship—two females came up—one said, "Stop and talk to me"—the two men walked on before—one of the men turned round and took hold of me, and the watch fell on the ground—I saw the watch in the hand of the prisoner, who dropped the watch, and ran away a few yards—I kept sight of him—the watch was picked up by my shipmate, Samuel Samuelson, who went to Constantinople in the same ship I belonged to—I lost that ship—I saw it sail.
Cross-examined. Q. No you say you thought it was the prisoner, because he ran away? A. am sure he is the man—there was no woman knocked down—two women asked me to go with them and treat them, and I would not go—they caught hold of me by the arm, and tried to go with me—it was not while the women were catching hold of me that my watch fell—I pushed the women away—that did not cause one to fall—they went away afterwards, and did not again ask me to treat them.
JAMES STACEY (Policeman 23 H). I heard a cry of "Stop thief," and saw the prisoner running, about 150 yards from the prosecutor—he said he was running to get out of the way—prosecutor said that was the man who took his watch—Samuelson said he picked it up, and prisoner was the man who took it—the prisoner said he knew nothing about it.
The Prisoner's Statement before the Magistrate.—"I heard prosecutor calling for his watch, and ran out of the way, but I had nothing to do with it."
GUILTY * He was further charged with having been previously convicted of felony, to which he PLEADED GUILTY.— Eighteen Months' Imprisonment.
MR. LILLEY conducted the Prosecution, and MR. WOOD defended Francis.
DENNIS LINQUINE (Police-Constable 98 T). On the morning of 13th July last, about ten minutes to two, I was on duty near 13, Eldon Road, Kensington—I saw the two prisoners get over the wall into the road and run away—I ran after them, overtook them, and asked Hall what he had—he said, "A present which my sister gave me"—I then asked what he had been doing at the back of a gentleman's house—he replied, "Nothing"—I then asked whereabouts the sister lived—he did not answer—I told him ho must go with me to the station—Francis said to Hall, "Stick to what you have in your hand; we will die before we go"—Hall said, "All right, we
will stick together like chums" a struggle ensued, and we all three fell to the ground—Francis made his escape with the bundle, and ran for twenty yards—I ran after Francis and knocked him down—he lay on the ground, and Hall came up and kicked me several times—Francis pulled me on the top of him by the collar of my coat—I struck the prisoners across the shoulders, and broke my staff—Hall then ran away with the bundle, and I sprang my rattle—I followed Hall again—I could not get quite to him, but near enough to knock him on the head, and he fell and dropped the bundle, which I picked up, and threw into the front garden of a house, and got the assistance of two constables, Savage and Hodgkinson—Francis was without his boots—he wore the hat now produced, which I knocked off in the scuffle—the hat and boots were afterwards brought to the station—Francis asked for the boots, and put them on—I returned to the garden and picked up the bundle—this piece of window-blind is the wrapper—it contained two parasols, two pairs of scissors, an opera-glass, and two pair of stockings—we searched the way the prisoners had run, and found two opera-glasses—about, three-quarters of an hour afterwards I examined the house, 13, Eldon Road, found the garden gate open, some marks on the water-pipe, and it was evident game one had entered the staircase window.
Cross-examined. Q. Were there marks of boots on the wall? A. Yes, I could not judge who the person was by the boot marks—I would not like to swear they were boot marks on the water-spout—the back door looked as if it had been unbolted—there were no marks of violence outside—Hall was the person who had the bundle first—he used most violence.
CORNELIUS HODGKINSON (Policeman 48 T). Early on the morning of 13th July I was on duty in the Eldon Road, Kensington—I heard the noise of a rattle, saw Hall running towards me—he came into my arms—he said, "Don't pull me about, I'll tell you all about it, I have been let into it by the other party, I have tried to get work, and into the work-house, but cannot do either, and must do something to get a living"—seeing him put his hand to his pocket, I searched, and found this pair of scissors.
Cross-examined. Q. Did you search the prisoners? A. Not Francis—I was not present when the search took place—I did not see at the police-station any instruments used by Francis—I only saw what I took out of Hall's pocket.
REUBEN SAVAGE (Policeman 23 T). I was at the police-station, Kensington, when Hall was brought there—I saw him searched—I went in search of Francis—I found him in the Victoria Road, Kensington—I got over the wall and he walked from under the laurels—he had no boots and no hat—I asked him what ho wns doing there—he said he only came for a sleep—I then asked him where his boots were—he said he did not know—I took him to the station.
EDWARD COOKE. I live at 13, Eldon Road, Kensington—I was awoke on the night of 13th July by hearing my room door open, and footsteps coming in—I called out, "Who is there? what do you want?" and the door re-closed—I jumped out of bed, and, opening a side door which led to tho garden, run down the steps into the garden—I saw a man get ovev the garden wall—I found a pair of boots, a cap, and a decanter containing some wine—the decanter belonged to me—it was in the sitting-room the previous night—I took the hat and boots to the police-station at Kensington—I know the hat produced—it belongs to Mr. Stuart, a gentleman who lives in my house—before I heard the garden door shut I heard the bolts
drawn—I did not personally superintend shutting up the place the night before.
Cross-examined. Q. Where did you find the hat? A. In the garden, near to the wall—I could not see the person who came to my room well enough to recognise him—I could not say which it was got over the garden wall—he had no boots on I should say, from the sound of footsteps—it was past two in the morning and getting light—I distinctly saw one person get over, and not two—he was in dark clothes—I should have noticed a light dress had it been one—I did not notice the deficiency in boots in getting over.
AUGUSTA MARRYATT. I was residing at 13, Eldon Road, on 13th July last—this box and all the articles it contains are mine—I saw them safe the night before on the drawing-room table—those two pairs of scissors and the opera-glass are also mine—altogether they are worth about 6l. or 7l.
LINDA COOKE. I live at 13, Eldon Road, and am the daughter of Mr. Edward Cooke—he is the landlord of the house—I fastened up the doors and windows of the house on the night of the 12th of July, with the exception of a staircase window on the landing, and that we always left open—it was left sufficiently open to allow a person to get in—I did not notice whether it was open or not when the policemen came next morning; but I left it open when I went to bed—the back door was open when the police came—I had shut that before I went to bed—those two parasols are mine, the shirts and socks are my brothers—all the articles were in the house the previous night when I retired, except the shirts and socks, which were hanging out.
Francis received a good character. FRANCIS— Nine Months' Imprisonment. HALL— Ten Months' Imprisonment.
MR. WOOD conducted the Prosecution, and MR. WARTON the Defence.
GEORGE WOODROFFE. I am a waiter at the Salisbury Hotel, Salisbury Square—on the afternoon of 21st July, about half-past three o'clock, I was in Holborn Hill—a boy had been bit by a dog and it attracted my attention, so that I crossed the road—I saw the prisoner take the watch out of my pocket, and saw it in his hand afterwards—he immediately made off—I followed him and caught him about thirty yards off—he gave up the watch—I still followed him through Brook Street into Fox Court, where some women tried to stop him—he got away and went into Feathers Court and into No. 2—I had not lost sight of him up to that time, but I then lost him for about five minutes—I had had him in view for about five minutes—I know he is the same man by his features—I had plenty of time to notice him—once he said he would knock my b----head off if I went after him.
Cross-examined. Q. You are sure it was not more than five minutes? A. Yes, it might have been under—there were about fifty people taking an interest in the dog business—it was near the cab stand.
ROBERT SMITH (City Policeman 39). I went in search of prisoner at No. 2, and afterwards No. 10, Fox Court—I heard an altercation when I came to the first floor, and a man saying he lived there and the female persisting he did not—I found prisoner on the second floor and asked him if he had business there—he said, "No"—I told him to come down stairs, which he did, where prosecutor identified him as the man who had stolen his watch.
Cross-examined. Q. When it was Fox Court you took the prisoner in? A. There are two courts adjoining—I know nothing about bad women at No. 10—I believe the woman was a respectable woman, but I have not brought her as a witness.
GUILTY. The prisoner also PLEADED GUILTY to having been previously convicted.— Seven Years' Penal Servitude.
MR. STARLING conducted the Prosecution.
EDWARD WALLIS. I reside at No. 2, Langdon Cottages, Kew Bridge—on 9th July I was in Fleet Street a little before twelve o'clock at night, near Chancery Lane—I was in the road hailing an omnibus—before I reached the omnibus five men came up, four held me, and the other tore my watch from my pocket—the prisoner is one of the men—the chain of the watch broke—the men ran away—I cannot say what prisoner did, but he was one of the five men—I could not say whether he was the one who took the watch—I saw the police officer stop him.
Prisoner. Q. Did you see me before you lost your watch? A. You came up with the other four—I did not lose sight of you—you were running towards Temple Bar—the policeman came out of Hen and Chicken Court, and I told him I was robbed—I cannot say what you wore on your head, but am positive you were one of the men—I did not say I saw the policeman come out of the court, but he came up to me.
MR. STARLING. Q. Were there other people about at that time of night? A. did not see anyone—all the five came up together—the prisoner used me rather roughly.
WILLIAM FENN (Policeman. I was in Fleet Street on the night in question, and on coming out of Hen and Chicken Court saw a mob of people—I immediately ran across the road, and the men ran away—four of them ran up Chancery Lane, and the prisoner ran towards Temple Bar, where I stopped him—I said, "You have stolen a gentleman's watch"—he turned round and made use of some foul expression, and said, "Leave go of me"—he kicked me on my ankle, and tried to slip his coat; two sergeants came up at the time, and he was taken—it took a deal of trouble to get him to the station—I took from his pocket a handkerchief and necktie, but no watch.
Prisoner's Defence.. am innocent of this charge.
GUILTY. He also PLEADED GUILTY to having been before convicted of felony.— Two Years' Imprisonment.
FIFTH COURT—Wednesday, August lst. 1867.
Before Robert Malcolm Kerr, Esq.
MR. POLAND conducted the Prosecution, and WILLIAMS the Defence.
MICHAEL JAMES MADDEN. I am a mantle maker, and live at 126, St. John Street Road—at one o'clock on 8th July I was walking down Gracechurch Street, and a party came behind me, threw me down oh my back, and kept down my legs, and took a chain and gold locket from my
person, but I succeeded in keeping my watch—there were three persons there—the prisoner is one of them—I was held down by the collar by the prisoner with one hand—the other kept my legs from stirring—I do not know what the third one did—I was wearing a watch with a vulcainsed chain and a gold locket—the prisoner tore my coat, and pulled the chain and locket away and ran off—I succeeded in keeping my watch—I had my hand on it—they did not go away, but began to assault me again, and one who got away hit me from behind, and then all three ran away—I followed the prisoner, calling out, "Police! "—he ran down Gracechurch Street as far as Bishopsgate Street, where he was stopped by a police-constable, and I gave him in charge—I never lost sight of him for a moment—I am quite sure he is the man—the locket and chain were never found—my cost was torn, and my vest as well.
Cross-examined. Q. Had you ever seen the prisoner before? A. No—this was at one in the morning—I had not been in company with any one before that—I had been spending the evening with a friend—I did to have any conversation with anybody on the road—I parted with my friend in Whitechapel—the prisoner said he would make good the loss—I was attacked from behind and pulled on the ground—I could not see who it was attacked me from behind—there were three men there—I could see three while I was on the ground.
GEORGE BASTOW WILLS (City Policeman 896). I was on duty in Bishopsgate Street between one and two on the 8th July—I heard a cry of "Police!" and saw the prisoner running in the middle of the road—the prosecutor was following him—I stopped the prisoner, and the prosecutor said he would give him in charge for stealing his watch chain and locket—the prisoner at first said he knew nothing about it, he was passing by at the time—he afterwards said he would make the loss good—he was given into custody and taken to the station—I searched him, but found nothing on him.
Cross-examined. Q. He gave a correct address, did he not? A. Yes—he was stopped about 300 yards from the spot where the robbery took place, in a different street, but in the same line—I went down to the prisoner's master, who said that he worked for him occasionally, and expected him to work that morning.
GUILTY.**— Two' Years Imprisonment and thirty-nine lashes.
MR. BRINDLEY conducted the Prosecution, and MR. WILLIAMS the Defence.
JACOB MAGNUS. I am a shipping agent in Mark Lane—on Thursday, 20th June, I sent Stewart down to the docks to fetch some goods which had been cleared—it was too late, and the Customs would not pass them—I then sent him down to my house, 85, Southampton Row, Russell Square, with sixty-eight boxes of cigars, and one box which contained one bottle of wine—he left Mark Lane at half-past four—I got home at half-past five—I waited for him till nine o'clock and then gave information to the police—I have seen some pieces of wood since, they form part of one of the boxes—I know this bottle (produced. to be my property—Stewert came to my office at Mark Lane, six or seven days afterwards—he said he was very sorry for what he had done—the value of the property was 70l.
Cross-examined. Q. You did not see or hear anything of Stewart for five
or six days afterwards? A. No—Stewart said that Rothschild was one of the men—the Magistrate discharged Rothschild.
THOMAS SMART (City Policeman. Stewart was taken into custody on 26th June—from information I received I went with another officer to Lower Thames Street, and saw the prisoner; I took him into custody, and charged him with stealing a case of cigars—he said he knew nothing about it—he said that Stewart had had his truck without his permission—I took him to the station and placed him at the side of Stewart—the inspector read over the charge, and asked if Stewart had anything to say in reference to the charge, and he said, "Yes; I will tell you the whole truth. Mr. Magnus employed me in the morning to get some cigars from the docks; I was afterwards instructed to take them to Southampton Row, and I went to Brennan and borrowed his truck, and told him what I was going to do. He said, 'I know where to get rid of those cigars.' I refused to have anything to do with it at the time, but I got the cigars from Mr. Magnus. When I was passing Mark Lane Brennan met me, and said, 'The old man,' meaning Mr. Magnus, 'has gone up Billiter Street.' I went, by the desire of Brennan, up Fenchurch Street and Bishopsgate Street to Artillery Lane, where I remained outside a public-house, and Brennan went away and came back with three other persons. They gave me something to drink at the public-house. After that Brennan took hold of the handles of the truck and we went together to Hoxton, the three other persons following on the other side of the way, where the cigars were taken to a small beer-house; they were left there. I came with Brennan back to 1, Hackney Road, where 10l. was paid for the cigars; I received 5l. I and Brennan went in company to East Smithfield, where I got drunk; and we separated, and did not meet again till the next day." Stewart said, "You know very well it is true what I say"—Brennan was then detained at the station, and I took Stewart with another officer to find out the beer-house at Hoxton, which is kept by a person of the name of Rothschild, where we made a search and found nearly the whole of the case broken up in pieces, and there were a lot of things which had reference to Rothschild, but not to the prisoner—Stewart has pointed out the public-house where the money was paid; it is 1 or 2, Hackney Road.
Cross-examined. Q. Did you "have any conversation with Steward? A. Yes, in consequence of which I went to this place in Essex Street, and found Rothschild serving behind the bar—I said, "Is this the man who received the case?" and Stewart said he was present the whole time and held the candle while they were breaking open the case—I asked Rothschild whether he understood what Steward said, and he said, yes, it was untrue—Brennan and Stewart were charged before the Magistrate, but Rothschild was discharged.
MR. BRINDLEY. Q. How old is Rothschild? A. Seventy-one—he is maintained by his son, who goes out to work, and the old man keeps the house.
JOHN STEWART. I am a porter, and have been employed by the prosecutor—I live in Featherstone Court, City Road—on 20th June I was at work for Mr. Magnus—he sent me to 85, Southampton Row, with some boxes—I went to Brennan for a truck—he was standing at the corner of St. Dustan's Hill, Lower Thames Street—I engaged the truck of him—I said I would give him 4d. and take it home—he said, "All right"—I told him what I wanted it for, and he said, "All right"—I went to Mark Lane with the truck, loaded it, and started for my master's house—just as
I turned the corner of Mark Lane I saw the prisoner running up to me—he said that he had a job for which he would be paid 3s. if not 4s.—he took me to a public-house in Fenchurch Street and gave me a pint of beer—he had some himself, and we both left—he said, "Do you know Artillery Lane? "—I said, "Yes"—he said, "I am going there with this case"—he pulled the truck and told me to keep behind, so that my master would not see me—he pulled the truck down to Artillery Lane, and kept me an hour and a half minding the truck—he came back with a tall man, and we all had something to drink—he went away again and came back with two Jews—he then said he had to go to Hoxton with the goods—he asked if I knew the Pay House, and I said, "Yes"—he told me to keep a little way behind, and he pulled the truck—the other men followed us on the other side of the way—Brennan pulled the truck in a gateway near a small public-house—he went in, and came out again of the front door—he gave me something to drink—he said he must wait till the goods were packed—Rothschild was serving in the bar; he and I had some beer—Brennan and the Jews were passing in and out—they told me to sit where I was—Rothschild left the bar once or twice—I heard some knocking with hammers—Brennan stopped me from going through the door—we were there at eleven o'clock—when I next saw the truck it was empty—I went to sleep in the public-house—Brennau woke me up and gave me a ride—we then went to another public-house at the side of Shoreditch Church, and he gave me a glass of ale—I saw Brennan counting some money in the public-house—I do not know where he put it—the Jews said they had a note to change—I then left the house by myself, and Brennan came out after and shoved me in the barrow and gave me a ride—we went to another public-house, and had another drop of beer—he there changed 8l. of silver for 8l. of gold—I then left him, and found myself next morning at the Mild End gate—I afterwards met him again, and he said he sold the case of cigars for 10l., and he offered me 4l. 10s., but I would not take it—he put the money in my pocket—I said I should tell my master, and he ran away—I did not see him again before he was in custody—I went to my master on the Wednesday morning, about half-past nine, and waited till eleven—Brennau said he had sold the cigars at the beer-house.
Cross-examined. Q. What time did you leave your master's house with the truck? A. About a quarter before five—the cigars were in the truck—Brennan met me at the corner of Mark Lane—I was going in the direction of my master's house—he said he had a job for me—we left the goods outside the public-house—we remained there about three minutes—I remained in Bishopsgate Street an hour and a half, till about nine o'clock—we then went to Hoxton—I did not know that I was doing anything wrong—it did not occur to me that my master would want his cigars—the prisoner kept on giving me beer—at Hoxton I saw Brennan, the three Jews, and Rothschild—I did not tell the policeman that Rothschild was present the whole time and held the candle—I told the policeman that Brennan gave me 4l. 10s.—I was charged before the Magistrate, but the charge was withdrawn, and I offered to give evidence—it was about a quarter-past ten when Brennan left me—I was very angry with him for selling my master's goods—I did not tell my master for six days, when my money was all gone—I spent some of the money and lost some; I do not know how it went—I have not seen the Jews since—I might know one of them again, because he had a scar—I have looked for them—I should know Rothschild again.
MR. BRINDLEY. Q. Had you ever seen them before? A. No—the prisoner did not offer me any money—he said it would be 3s. or 4s.—Rothschild was in the bar the principal part of the time.
ANTHONY WILSON MONGER (City Policeman 848.) I was in company with the police officer Smart and another officer—I searched Brennan and found 10l. 1s. and two 5l. shares in a timber company—he lives in Rosemary Lane—I was present when Smart was examined, what he has said is correct—I went with Stewart to the public-house, 2, Hackney Road, where he said the 10l. was paid to Brennan—I do not know the name.
THOMAS WATSON FRANCIS. I keep the George and Dragon, 2, Hackney Road—I know the prisoner—I remember him being in my house, with three or four more, between nine and ten, about two months ago—I do not know the date—my attention was called by their counting money one to the other—I noticed six or seven pounds—Brennan took the money—they were in the private part of the bar.
Cross-examined. Q. You do not know what day of the week it was? A. No—it was the latter part of the week.
CHARLES RIXON. I was barman to Mr. Francis—I was there in the month of June—I saw the prisoner there—I do not remember the date—I should say it was the latter end of the week—there were some other men there who looked like Jews—about 10l. of silver passed—Brennan took the money and put it in his breast coat pocket.
Cross-examined. Q. It was done openly before the bar, I suppose? A. Yes—I heard Brennan say something about being paid off—Stewart was sober—he was there about twenty minutes.
FREDERICK COPPEN. I keep the Crown, near the St. Katherine Docks—I know Brennan by sight—he came with Stewart to my house one Thursday in June, about half-past ten or eleven—they had a pot of beer and some brandy—they asked me to take a parcel of silver, and I said I should be very glad—I gave him gold for 8l. of silver.
Cross-examined. Q. How far is your house from Mile End gate? A. Two miles.
The prisoner received a good character. GUILTY.— Fourteen Years' Penal Servitude.
OLD COURT.—Thursday, August 22nd. 1867.
Before Mr. Baron Bramwell.
774. SAMUEL PARTRIDGE , ALFRED BAILEY , PETER SHORROCKS , WILLIAM GLENDON , ZILVY MAURICE , ROBERT KNOX , ALFRED SHURMER , THOMAS GEAREY , THOMAS FLOOD , CHRISTOPHER WINTERTON , ROBERT DRULLER , GEORGE TAMPLING , ROBERT NEWBURY , EDMUND STOKES , and EDWARD ORMEROD , Unlawfully conspiring to impoverish, in their trade and business, Henry George Poole, and others.
MR. SERJEANT BALLANTINE, with MESSRS. SLEIGH and LEWIS, conducted the Prosecution; and MR. SERJEANT PARRY, MR. KEANE, Q.C., MR. RIBTON, MR. POLLAND, and MR. MONTAGU WILLIAMS, the Defence.
ALFRED MITCHELL. I was formerly in the C division of police, and have been engaged in reference to the tailors' strike almost ever since it occurred—on 22nd April I was present at a public meeting of the operative
tailors, held at the Alhambra Palace, and saw Partridge, Bailey, and Newbury there taking part in the proceedings—resolutions were proposed, seconded, and carried in reference to the tailors' strike—a resolution made by Mr. Lawrence had reference to the strike, and Mr. Druit in a speech he was delivering said that committees would be formed, and pickets would be put on the shops of the masters—I observed two days after the meeting that the shops were picketed—the master tailors' establishments are in Conduit Street, Maddox Street, Saville Row, and that immediate neighbourhood, and this picketing was at the establishments in those various streets—some shops had two men on in the fore part of the day, and in the middle five or six, and at some establishments I have seen twenty towards evening, and if any one came out one or two of the men outside followed them to see where they went and to find out their names and addresses, and I have seen them annoy persons by calling them dungs and cowards, and hissing them, saying, "There they are; there they go" and so on—I have counted thirty-five persons at one time outside Mr. Poole's establishment—they were journeyman tailors; a great many of them I knew to be tailors—the persons who went out of the tailoring establishments were journeyman tailors, and out-door workers who came to fetch work to take home—I have seen all the prisoners performing that duty, except Partridge, Bailey, Shorrocks, Newbury, Stokes, and Ormerod—I recognise all the others as having seen them at various times and places doing picket duty, which commenced somewhere about seven in the morning and terminated about nine, but it depended on the time the shops closed, some close earlier than others—the persons performing picket duty resorted to the Blenheim Arms, Blenheim Street, Marlborough Street: and the Grapes, and Ship, in Carnaby Street; the Nag's Head, in Marshall Street; the Burlington Arms, Old Burlington Street; the Coach and Horses, in Conduit Street; the Lion and French Horn, Poland Street; the Nag's Head, Stafford Street; the Catherine Wheel, Little St. James's' Street; the Red Lion, York Street, Jermyn Street; the Grapes, Union Street, Bond Street; and some others—they resorted to those houses when they were leaving picket duty—they generally begun to collect there about ten in the morning—I saw more at that time than any other—they kept there off and on all day—the pickets would sometimes be relieved for a couple of hours—there were also committee-rooms; the head meeting-house was the Green Dragon, King Street, the room there was called the Head Centre—I also attended another meeting at the Alhambra, on 29th of May, of the union men, the operative tailors—there were, as near as I can guess, about 3000 present—Partridge was there and Shorrocks, they both spoke—resolutions were proposed and seconded, and speeches made in reference to the strike and the picketing system—one of the resolutions proposed was supported by Shorrocks—I also attended a meeting of the operatives at the Temperance Hall, Hanover Street, on 24th May; about 250 people were present—Newbury, Stokes, and Ormerod were there, and speeches were made and resolutions passed with reference to the strike and the picketing system—Newbury spoke and gave assent to the propositions—I attended another meeting of the same class of persons at the Sir Robert Peel, James Street, Oxford Street, on, I think, 14th June—Stokes was present—there were not 100 persons there, perhaps about eighty—there were resolutions and speeches in reference to the strike, and Stokes spoke about the tyranny of the masters in sending some of the men to prison, and said if the grievance between the masters and men had merely been the time log it would not have happened, and called upon all
those present who were not unionists to join the union, and to look out for any shops on strike and let the committee know—he spoke for some time longer, but I do not recollect it.
Cross-examined by MR. KEANE. Q. Were you originally a policeman? Q. Yes—the first meeting I attended was on 22nd April—I have never been an operative or a master tailor—I was not employed to go to the first meeting—I did not go in the hope of being employed—I went out of curiosity, living close by, and the second time I was employed by Messrs. Vallance and Vallance, the solicitors for the prosecution—I was sent to them by the superintendent of the C division—I do not think he knew that I had been to the first meeting, and listened and carried away the purport of it—I am not an amateur detective—I do not know how the sergeant knew that I was fitted for and would like such work—I had not left the police a fortnight—I do not think this is the business I propose to carry on, I have not made up my mind yet—I get 50s. a week and if I incur any expenses I shall get them paid besides—I got 25s. a week, and my uniform as a policeman—I go nearly every morning to Messrs. Vallance and Vallance to make reports—I did not represent myself at this meeting as a journeyman tailor, it was a public meeting and no questions were asked—I entered into conversation with those about me—I do not know that I went at the commencement—I was at the door when the second meeting broke up—I was not inside the building—I am still engaged in this occupation—I receive my money fortnightly sometimes, or when we want it sooner we go for it—I did not take the trouble of ascertaining from any of the speakers whether I had correctly apprehended his meaning—I had no conversation with them—I never told them my occupation or my purport in going—I did not enter into conversation with the journeyman tailors there—sometimes they spoke to me, and if they did I should answer them—I did not give them to understand that I was interested with them—I never told them I was a stranger—a good many of them knew that I had been in the police—I do not know what they knew, or whether I was employed by by Messrs. Vallance—I never told them anything.
MR. SERJEANT BALLANTINE. Q. How long had you been in the police before you left? A. Twenty-four years and four months—I am forty-five years old—I was desired by my inspector to call on Messrs. Vallance and Vallance—I do not know how they obtained any information about me—my instructions from them were to patrol about and keep observation on the different shops.
JOSEPH LAMBERT. I am a pensioned police sergeant, and have been in the police nineteen years—I was employed by Messrs. Vallance and Vallance to accompany Mitchell, and watch what was going on at the tailors' shops—I learnt what tailors' shops were struck against, and visited most of them during the day—I have seen pickets at Messrs. Poole's, in Saville Row, as early as five o'clock in the morning, two, three, or four pickets, and they increased in number as the day advanced to eight or ten; in the middle of the day and towards evening I have seen as many as forty—they were always pointed out to me as tailors—I have seen them at other establishments engaged in the same way—they would stand in the morning two or three against the door, sometimes I have seen them sitting on the steps; if they saw a policeman coming they would move up and down; after he was gone they would take up their position again—I have heard them call the workmen leaving Poole's in the evening curs, cowards, and dungs; that has occurred repeatedly—there were also pickets at Messrs. Stohwasser's,
in Conduit Street, who conducted themselves very offensively indeed; when there was no one to drive them away they would surround the door steps, sitting on the door steps and leaning against the area railings; and when a policeman in uniform came by they would get up and walk up and down, and when he was gone they would go back, and when workmen came out they called them cowards, curs, and dungs, and pointed and said, "There they go! "—that has been the course when the workmen were leaving in the evening—that was the course of proceeding from the commencement—that was continued nightly at the first part of the strike, but it has not been so bad lately—I watched other tailors' shops, Mr. Smallpage's in Maddox Street, and Mr. Bowater's in Hanover Street—the same course has been adopted there continually; there is Mr. Carter's in Hanover Square, and Mr. Bennett's and Mr. Meyer's—I have seen the persons go to the public-houses named—each person was kept on duty two hours at a time; I have seen them in the middle of the day as long as four hours, it appeared to be a sort of double relief which came on—they would come from the public-house or assembly rooms, go to their pickets, speak to the others on picket, who would go to the public-house, and report themselves much the same as they relieve guard with soldiers, only they did not march—I have seen people carrying away work, followed by pickets, and have followed to see what took place—I have seen them follow until the parties knew they were followed, and they have gone through public-houses with two entrances to get away; that has occurred frequently—I have also seen them followed till they came to another batch of pickets, and then they handed them over to the other batch—that appeared to cause annoyance to the work people; if it was a female she seemed very much frightened, I saw one woman run into Marlborough Street Police-court and two pickets after her—it was chiefly women who came to fetch work—I recognise all the defendants as pickets except Partridge, Bailey, Shorrocks, Stokes, and Newbury, and I have seen them all speaking to the pickets excepting Stokes and Shorrocks; they went up to the pickets in the streets and spoke to them, and I have seen the pickets pull out a book and show it to those who came up, and then put it into their pockets—I have seen the defendants at the Green Dragon thirty or forty times during the strike, Shurmer, Tampling, and Druller were three of the pickets, I recognise them as being before Stohwasser's at the latter end of May and June, and on many other occasions continually—on one occasion, May 3rd, I saw them in front of Stohwasser's, there was what they call a general row; . saw a great crowd, and when Mr. Stohwasser's men came out a man, named Simpson I think, and his son were stopped and attacked by the pickets, and spit upon, and called dungs and curs—the three I have mentioned were present and taking part in it, pushing among the crowd, and calling out the words I have mentioned—the police interfered.
Cross-examined by MR. KEANE. Q. Which are the three you mean? A. Druller, Tampling, and Shurmer—I have seen Partridge, Bailey, and the other person I named speak to the pickets, but not Shorrocks—I cannot tell you a day that Partridge spoke to the pickets—it was in Conduit Street—it was sometimes the middle of the day, and sometimes in the evening about four o'clock—that has been the principal place—I have seen him go across Piccadilly, down St. James's Street; I did not follow him in particular—you may call it following him—yes, I have followed—I do not know whether Mitchell followed him—I do not know that he noticed me dodging his steps; he could have seen me if he liked—I never said that
Partridge was a picket—I have not seen him speak to pickets in Piccadilly—I said that he crossed Piccadilly—I have seen him speak to pickets in St. James's Street as well as in Conduit Street; I saw him in Conduit Street during the daytime—I cannot remember exactly—a person I do not know was with him, who seemed to be a companion of his—I received 2l. 10s. a week—I was sent to Messrs. Vallance by the superintendent of the C division—I have left the police about twelve months—I combine my leisure with this employment of going about seeing what people do and reporting it.
Cross-examined by MR. RIBTON. Q. You say that at five in the morning there would be three or four pickets? A. Yes—when I first saw them I made inquiries, and they were pointed out to me by the master tailors as men who had left their establishments—in the middle of the day there were eight or ten pickets, but there were other persons about—I have seen as many as forty in the evening, and, generally speaking, every evening in front of Messrs. Smallpage's, Stohwasser's, and Poole's—lam able to identify them all as pickets—I have seen forty pickets within these three weeks watching Mr. Poole's shop—I did not count them—I have seen all the defendants at different places, some at Poole's, some at Stohwasser's, some at Hanover Square, and different places—the mob amounted to 150—I separate from the crowd what I call pickets—I have seen Maurice there frequently; none of the others—he is the only one I have seen in the middle of the day at Poole's, but I have seen all the defendants on picket duty at the several shops the same evening, some at one place and some at another, but not all at the same place at the same time—I have seen forty on one shop—the defendants were all on duty the same evening at different shops—I have never seen them all at one shop—I have seen Maurice at Saville Row—I can point out where I saw the others—I have sometimes counted the numbers—persons stopped to see what it was, and have entered the crowd.
GEORGE SIMPSON. I am a journeyman tailor, of 41, Munster Square, and have been in the employ of Mr. Stohwasser, tailor, of Conduit Street, upwards of thirty years—I continued to work for him during all these proceedings—after 22nd April I observed persons I knew to be journeymen tailors outside Mr. Stohwasser's establishment the whole day—they appeared soon after six in the morning, and remained till about eight in the evening—there were sometimes three or four, sometimes a dozen, and on two occasions I should say there were 200 or 300 in the street; that was on 2nd and 3rd May—when they saw the workmen coming out they would hiss at them and call them names occasionally, such as dung. and cur, and coward—I did not see them follow them—they were stationed close to the steps of the house when persons came out—I recognise Flood as one of them, none of the others—I am well acquainted with him as a picket—I have seen him outside Stohwasser's pretty nearly all day—on 2nd May, as two women and myself were coming out of Mr. Stohwassser's establishment, we were surrounded by forty or fifty men, some of whom were pickets—we were crossing Conduit Street to go up George Street into Hanover Square—I applied to a policeman standing there for protection, and told him if that was not intimidation I did not know what was—that was in the hearing of the persons who followed me—they merely surrounded me and hooted me, and called me a dung. a cur, and a coward—I recognised Flood there as having been in Mr. Stohwasser's employ.
Cross-examined by MR. KEANE. Q. think some of them were taken in
custody and punished by a Magistrate on your complaint? A. Six, I believe, but it was a Mr. Moore's complaint—they were sentenced to three months each.
Cross-examined by MR. RIBTON. Q. Am I to understand you that none of the defendants were among the forty or fifty? A. did not notice them, because I took no particular notice—I walked straight across the street to get away from them—they were given in custody by Mr. Moore at the time, not by me.
FRANCIS SIDNEY HOLDING. I have been stock keeper to Messrs. Meyer, tailors, of 36, Conduit Street—I have noticed what has been going on—pickets have been put on our place, varying in number from two to six or eight—I recognise Flood in particular in consequence of the annoyance we have received from him, and I notice nearly all of the prisoners m having done picket duty—I have seen them follow the workpeople who leave our establishment, and I have had several times to accompany the workpeople to their residences to protect them from violence when they told me they had been threatened—I only accompanied one man, but several females, who were in the habit of coming to the shop to return work and fetch other work away—I have seen them stopped by pickets who opened the ends of their bundles; they then took out the tickets to read what the garment was, and where it came from, and I have gone out to put a stop to it—I will not swear that I have seen that done more than twice—I have not heard offensive language used to the females, but I have heard the men called curs and cowards, and I have heard them hissed at and pointed at—I have been pointed at myself, and on one occasion threatened—a picket in company with two others followed me when I took some work to one of our workpeople's houses, in consequence of their refusing to come to us—I was threatened on one occasion and followed very frequently—the threat was that I should be marked, and that they would know me; that was not by one of these persons—I have seen most of the defendants doing picket duty since the strike, but I cannot recognise either of them as being present on that particular occasion—this has caused very great obstruction and annoyance to my master's business—it is the picketing system which I allude to as causing annoyance, and not the strike—my private house has been picketed by two men—I cannot say how long, I became so used to it that I took no notice of it—it is in Castle Street, Regent Street—when we found that the workpeople refused to come to our house we were anxious to take the work to them, and on some occasions I took the work myself to my house, and was followed by four or five pickets, and as soon as they found out where my house was it was picketed, to the great annoyance of my wife and myself, for they watched every relative and friend who went in and out—they only watched my movements in and out, they did not interfere with me personally.
Cross-examined by MR. KEANE. Q. If I understand you right, you recognise most of them as having done picket duty? A. Yes, there are two or three I cannot swear to—I will not swear that I have seen Partridge doing picket duty, nor that I have not—my mind is doubtful.
Cross-examined by MR. RIBTON. Q. You say you recognise Flood and nearly all; name those whom you except? A. do not remember Ormerod or Druller, and I do not think I remember Stokes picketing—I do not speak positively to the others.
COURT. Q. Not to any of them? A. Not that I have not seen them
—to the best of my belief I have seen them all doing picket duty, except Partridge, Ormerod, Druller, and Stokes—I would rather swear that I had seen the others than that I had not.
Cross-examined by MR. SERJEANT PARRY. Q. Have you seen Bailey doing picket duty? A. have, and I have seen Shorrocks with the pickets, and have supposed that he was doing picket duty—I did not stop in the streets to see whether Bailey was doing picket duty or only visiting the pickets, but his face is very familiar to me, that applies to Shorrocks also—I have seen them present with other pickets.
MARGARET CANNING. My husband's name is Francis, he has been some time working for Mr. Guthrie, a master tailor, of Cork Street—my husband was in the habit of working at his own home, Grant's Road, Clapham Junction, but he lived in Poland Street when he first worked for Mr. Guthrie—I have been in the habit of going to Mr. Guthrie's to get materials, and taking them to my husband to make up—I did not do that previous to the strike—I commenced about three months ago, in the beginning of May—I frequently found Mr. Guthrie's establishment surrounded with men—they were close by the private entrance of the shop, there is a gateway before it—they were sometimes standing and sometimes sitting on the railings of a public-house on the other side of the way, and sometimes walking—I have seen the same men on various occasions—I recognise Knox as one of them—on my going for materials I have been insulted and signed at and grinned at, and he has almost invariably spoken to me—I would frequently not answer him, but sometimes I did—he followed me on one occasion in May, when I was bringing work back to alter—they said if I had shown it to them they would have Known what to do with it—Knox in May last separated himself from the others, and followed me from Cork Street into Regent Street—I had a coat with me—I turned back to see whether he was following me, and he was—I then went down the Haymarket and back again, round about Leicester Square, took an omnibus at Charing Cross, and he got outside the omnibus, which was going into the City—he afterwards spoke to the conductor, and got inside and sat on the same seat—I got out at the corner of Gray's Inn Lane, and he got out and followed me all about Liquorpond Street and Theobald's Road, where I turned round and said if he followed me I should give him in charge—he said, "Go on, my good woman; I have a right to go where I like"—I called a policeman, who said he could not take him, as he had not spoken to me, but he spoke to me afterwards—I came back into New Oxford Street, and round by Moss's—he followed me all the time, and when I stood looking in at a window he stood still too—the way I escaped him was, I said, "Well, if you follow me any further I shall go into the police-station"—he came on, and I spoke to two officers, who asked if I knew him—I said, "No," but that he had followed me all day—they spoke to him—I had stopped a good while in a house—he had collected a lot of people round me in George Street, and a woman said, "Come in, and I will let you out through a back way," and I did so, and saw no more of him—he collected these people about me by my calling the police—on the 1st August I was bringing a coat from Mr. Guthrie's in the morning, and was going home with it to alter, and he said if it was not for the strike, so help his Christ I should not do it, and he would see that I did not bring any more out after the strike was over—he called me a bitch, and a b----cow—I told him I should give him in charge—he said it was not in my power—he followed me all the length of the street—
near to the Arcade he used that language, about the middle of Cork Street—he left the other pickets and followed me, and used that filthy language—there is a public-house close by—he used generally to sit on the railings of it, and he got off the railings—besides the occasion I have spoken of, I have seen Knox with the other pickets in Cork Street at various times.
PETER JOSEPH CARR (through an Interpreter. I work for Messrs. Poole, and did so during the strike—I know Maurice; he came to me during the strike and said that it was not well for me to work during the strike; that I should join the society, and they would offer me 30s. a week if I gave up my work—I said that my position was such that I had debts, and that sum was not sufficient to pay them—he replied that I was well known in Paris, and that he would tarnish my character there, and that if I should think of going to America they would write to all the trades unions, so that I would find no help there or in any country I might go to—I cannot say whether he had previously worked at Poole's—I never saw him do picketing; I never troubled myself about pickets—he spoke to me in French.
SOLOMON HAMANT (Police Superintendent C. My district includes that part of the metropolis where the tailors on strike are—I know the defendants by sight—I cannot say that I have seen them in the streets—I have seen considerable collections of people in the neighbourhood, in consequence of which I employed extra police—on 30th May there were 150 people opposite Smallpage's, but many of them were not tailors—a good deal of excitement appeared to be going on, so much so that I sent for assistance.
Cross-examined by MR. RIBTON. Q. Were any parties apprehended at Smallpage's? A. Not that day.
JOSEPH HOPE. I am a journeyman tailor, working for some time for Mr. Bowater—after 2nd April the establishment was picketed, sometimes by three or four, sometimes more—some of the men annoyed me very much, but Ormerod is the only one I recognise—they were watching the people that went to the different shops, and on people coming out they watched where they went to—Ormerod followed me from Piccadilly to my house—we went in a public-house, drinking; he followed me and another one in, and offered to bet us six to one that we did not work on the Monday—they did not use offensive language, or call me any names.
Cross-examined by MR. SERJEANT PARRY. Q. Would he have lost his bet? A. Yes.
COURT. Q. You have said, "They did abuse me very much?" A. He said that I should be abused—I have seen them walk about, watch people out of the shop, and tell them they must not work—they said on several occasions that I should be a marked man.
MR. SLEIGH. Q. Have they called you any names? A. Yes, they said that I was a dung and a dirty rascal for working.
WILLIAM BENNETT. I am foreman and salesman to Mr. Poole, of Saville Row, who had close upon 500 men at work when the strike took place—they all left but two, after which people picketed themselves outside the premises—I recognise Maurice in particular, and another one—Maurice has walked up and down Saville Row with others, whom I knew to be tailors; I have been obliged to follow workpeople home through their behaviour—they interfered with them and asked them question what work they had been fetching away, and I have been pointed out—
they have hooted at me, and called me a sanguinary foreigner in two syllables—I will give you the pronunciation if you wish; a b----foreigner—they pronounced that word when I was passing; it might not be intended for me, but when I was passing I always heard it, and as I am a foreigner I must take it for me—this has lasted from April till now; there were six pickets there when I left—when I was present they did not interfere with the workmen—one Sunday morning I was talking to a man who had left our employment, and Maurice came and placed himself between us and entered into conversation—he has threatened me—I have seen him among the pickets on three or four occasions, and he has hooted me on leaving business—it had nothing to do with picketing, but he threatened me personally—I was insulted through trying to get workmen in Paris, but the threat had not reference to that.
Cross-examined by MR. KEANE. Q. You had 500 workmen; do you know where they lived? A. Is close to that neighbourhood as possible; I am speaking of 400 who worked on the premises, and about 100 outdoor workmen—our house has more all the year round than any other—work generally ceases at half-past seven or eight, unless they are working overtime; it begins sometimes as early as five; there is a man on the premises who opens the door at five, and if they like to commence they can; they are supposed to be there at eight a.m.—a notice has been exposed in our window since three or four weeks after the strike that no union men need apply for work—I was not present last year when the master tailors had a lock-out; this year the men looked themselves out.
ROBERT LEWIS. I am a master tailor, of St. James's Street—I attend to parts of the business, but to other parts I do not—since the strike I have taken an active part, and have been president of the Masters' Association.
Cross-examined by MR. KEANE. Q. Are you the president of the association which is prosecuting in this case? A. Yes—it is composed of more than 200 master tailors—the metropolitan members are 170 or something like that; but that is within the secretary's province—there are also several members at the East End—I have had no great experience of locks-out—I have heard more about the principles and practice of it in other trades than our own.
Q. A firm has a dispute with the workmen attached to it, and all the other firms support them? A. I would rather tell you what took place last year than give you a general answer; there was a demand for extra wages, and it was discussed, and about two-thirds was offered to be conceded; upon that offer being made, three shops at the West End were struck against, including 600 or 700 men—I thought that was an unfair proceeding, and as we were all paying about the same wages, and carrying on business in nearly the same way, I thought it was so unfair to single out three that we immediately shut all our shops—there was no association in existence then—there were two or three meetings at on houses, and that was the result—we constituted ourselves judges of our own business—there were not fifty or sixty of us, only thirty or forty—I cannot say whether 2700 or 3000 men were turned out of work in consequence of this exercise of our judgment.
MR. SERJEANT BALLANTINE. Q. The association has only been formed, I believe, during the present year? A. The first meeting took place on 29th August, with a view of forming an association—there was not the slightest interference with the men obtaining work at any other establishments;
we always held it a principle to give advice to any member of the association how he should conduct his business, and he is at liberty to do precisely as he pleases.
MR. MEYER. I am in partnership with Mr. Mortimer as master tailors, at 36, Conduit Street—we had ninety or a hundred men, and they all struck excepting about fifteen—we have a back entrance, and pickets were put on both sides of our house—people were willing to take work from us—we had a great many applications—they would not work in the shop, which is the most convenient mode for the men and the masters too, for the greater part of the men certainly, and for all the masters—it is the practice to have the greater part of the work done in the shops—they would work at their own houses, on condition that I sent the work to them secretly, and I had to get my foreman to take it to their houses—I also took work out in cabs, and let the pickets spend their money in following me—I used to do my morning business in the cab, and pay three or four hours' cab hire, and sometimes bring the work back to Conduit Street—I know some of the defendants—one or two of them picketed us—Flood was in Conduit Street, and a man at this end, and the third man at the other end, and Maurice I have seen in Clifford Street and Saville Row, and Knox I have seen—the wives and children used to come for the work to a very small extent before the picketing, as we always wished to see the men—many women arrived in a frightened state, and I was obliged to give them a chair to sit down, and have sent men home to protect them—I have not heard language used towards them, but I have seen grimaces made at them, and they have been pointed at—about eight people were picketed in front, and I cannot tell how many behind, because there is a committee-room where they go to receive orders, and there is always a crowd of them there—I have let all the workpeople come in at the front door to evade them—the people posted in front of the shop have been an annoyance to us—our customers have complained of it, and I have had to desire the police to move these people on—they were standing opposite the house staring, and if a gentleman came to give orders or to try on they would stare through the wire gauze blinds daily, and I have been obliged to apply to the police several times.
SHORROCKS and STOKES— NOT GUILTY. The other prisoners GUILTY.— To enter into recognisances to appear and receive judgment when called upon.
NEW COURT.—Thursday, August 22nd. 1867.
Before Mr. Justice Shee.
MR. STARLING conducted the Prosecution, and MR. COOPER the Defence.
WILLIAM GIBBONS. I reside at 10, Vine Street, Holborn—about six o'clock on the night of 15th June I was coming down Mount Pleasant, leaning against the railings—I had some bread and Cheese in my hand, and was talking to a cripple, who was leaning his hand on my shoulder—I the prisoner came up and upset my bread and cheese out of my hand—I then pushed him and said, "Where are you coming to, you fool? "—I then stooped to pick up my bread and cheese; as I was stooping I felt something
prick me in the back—I had not seen anything in the prisoner's hand—I then hit him in the mouth—he then stabbed me, and I stopped it with my hand; it cut my hand and bled much—I fell down and cried out that I was stabbed—a constable came up, and I went to the hospital.
Cross-examined. Q. Are you all right now? A. No—I did not first push against the prisoner—I am quite sure of that—I was a little fresh. as I had been drinking what I was not used to—I was tipsy—I struck him a severe blow—it all took place in a minute or two—I struck him on his nose—I do not know if I broke it—I have an indictment charging me with an assault on the nurse and porter at the hospital, and am awaiting my trial.
MR. STARLING. Q. Did you strike the prisoner before he struck you in the back? A. No—I pushed him when he struck me—it was not a blow—he stabbed me in both places before I hit him on the nose.
JOSEPH EDWARD MORGAN. I live in the Hornsey Road, and am a commercial traveller—about six o'clock on the evening of the 10th July I was driving down Mount Pleasant, and saw the prosecutor, with some bread and cheese in his hand, coming in an opposite direction—I saw prisoner knock the bread and cheese out of prosecutor's hand—prisoner was then knocked down, but no injury was inflicted, as he stood for some minutes—he took out a knife—the prosecutor was being led away by his friends, when prisoner made some remarks in his own language, which aggravated the prosecutor so much that he broke away from his friends to strike the prisoner, who in the meantime had opened the knife—I called out to keep prosecutor back, as prisoner had a knife, but the prosecutor got away and was stabbed by the prisoner, who ran away, followed by the prosecutor, who knocked him down—prisoner then shut the knife up, and hid it in his trousers—the constable then secured him—it was the big blade of the knife that was opened.
Cross-examined. Q. Has the prisoner's nose broken? A. I could not say—it was not a more severe blow than I have had by accident many a time—it was in the face.
JAMES MELVILLE. I live in Vine Street, and am a general dealer—I saw the prosecutor and prisoner in Mount Pleasant; the prosecutor had bread and cheese, which the prisoner knocked out of his hand—the prosecutor then shoved him out of the way—I did not see the prisoner fall—the prosecutor stooped to pick up the bread and cheese, and prisoner stabbed him in the back—then prosecutor made a rush at the prisoner, who stabbed him in the hand, which he held up to save himself—I did not see where the prisoner got the knife from—shortly after a constable came up.
Cross-examined. Q. Did the prosecutor get the knife away? A. No, his hand was open—the prisoner's face was covered with blood, which flowed from his nose.
GEORGE CROCKFORD (Policeman 136 K). I was in Mount Pleasant—I saw a crowd of twenty or thirty persons—I saw prosecutor run towards the prisoner and strike him on his nose—I caught prosecutor and asked him what he did it for, when Mr. Morgan told me prosecutor had been stabbed—as I caught hold of the prisoner he fell from the effects of the blow, and was also on his back bleeding from the effects of the blow—I did not see him stab the prosecutor—I was going to take the prosecutor, whom I was holding in my arms, to the nearest doctor's, but the prisoner was getting away, so I asked Melville to take care of him while I went to look after the prisoner—he dropped the knife (produced.—I did not
notice any marks on it; in fact it was closed—I took the prisoner into custody.
FREDERICK ATTWOOD. I am house surgeon at the Royal Free Hospital—I examined the prosecutor at about half-past six, and found he had a lacerated wound on the back of the hand, about three-quarters of an inch in length, and extending from the soft parts down to the bone—I also found a small wound in the back, which penetrated among the muscles lying near the spine—this wound was not more than a quarter of an inch, but was an oblique wound, and extended inwards about an inch and a quarter—there was not much bleeding from it—it was not a dangerous wound—it would be physically impossible to inflict such a wound as the one in the back, with this knife—it might have caused the wound in the hand—the other blade of the knife might have caused the wound in the back.
Cross-examined. Q. You saw the prosecutor and prisoner too? A. Yes—the prosecutor's wounds are healed—the prisoner's was the more serious injury of the two, as the cartilage of his nose was broken—it must have been a severe blow to cause that—the prosecutor's fist might have done it—the blood which came from prisoner came from the back of the throat, but was caused by the blow on the nose—he has the scar still—there was no injury to the mouth.
The prisoner received a good character.
GUILTY of unlawfully wounding. — Six Months' Imprisonment.
MR. LEA conducted the Prosecution.
MICHALEL HALEY. I am a seaman, and live at 12, King Street, Shadwell—late on the night of the 21st July I saw two or three coloured men fighting, and a white man—the prisoner came up and hit me on the head—I put my hand up and felt a blow on my arm and blood trickling down—I did not see anything in his hand—the white man had been knocked down in the row.
JOHN PRATT (Policeman 124 K). On the 22nd July I took prisoner into custody—I received this instrument from a bystander—the prisoner owned it to be his at the station—the prosecutor said prisoner had stabbed him, and I took him into custody.
Prisoner. Q. Did you see that in my hand? A. No.
DANIEL ROSS. I am a surgeon, and live in the Commercial Road—I examined the prosecutor, aud found two wounds on the left fore-arm, about the middle, on the outer side, in such a place as would be brought about by warding off a blow—it was about an inch in depth—there was also another wound on the inside of the arm a quarter of an inch in depth—the instrument produced would cause such a wound.
as the man, because I followed him up directly he dealt the blow—I was perfectly sober—I had been in a public-house for about an hour and a half, or it might be two hours—it was not a dark place where this happened—in a public thoroughfare.
MR. INGRAM conducted the Prosecution.
GEORGE BOON. I am a greengrocer at 22, Watling Street, Commercial Road—on Saturday night, the 10th of this month, about half-past twelve, I was shutting up my shop, when the prisoner ran against me—I asked him where he was coming, and he hit me in the mouth—I do not know him—I hit him again in defence, and he struck me with his knife—it was all done in a short time.
ROBERT GIBBS. I assist the last witness—on the Saturday night, as we were shutting up the shop, prisoner ran against Mr. Boon, who told him to mind where he was running—I turned away to serve a customer, and when I looked again I saw them struggling—I saw prisoner draw his knife, and I said, "Look, he's got a knife"—I saw prisoner strike Mr. Boon with the knife—John Mariner then came to our assistance, and we secured the prisoner and took his knife, when a constable came up.
JOHN MARRINER. I also assist Mr. Boon—on Saturday night, as I was taking the things off the board, I saw a crowd, and heard the last witness say, "Jack, he's got a knife "—we threw prisoner on the ground, and got the knife out of his pocket—he had had drink, but he knew what he was doing.
WILLIAM NEWMAN (Policeman 128 K). I took prisoner into custody—the prosecutor was bleeding at the mouth—he charged the prisoner with stabbing him—prisoner said he was coming along Charles Street, and, having a drop to drink, accidentally knocked against the prosecutor, who asked him where he was running, and turned round and hit him in the face—prisoner also said, as there were two others upon him, he drew out his knife to defend himself—he did not say he used it.
DANIEL ROSS. I am a surgeon—I was called in on Suuday, the 11th instant, to see the prosecutor, and found him bleeding from three punctured wounds; one in the centre of the upper lip completely divided it—the second was on the left side of the upper lip, and of a more superficial character—the third was an oblique wound on the right cheek—the one on the lip was the most serious—the two on the lip might be the result of one blow—it was not impossible for the knife to pass out of the cheek—it was not a dangerous wound—the knife may have produced those wounds.
GUILTY of unlawfully wounding. — Eight Months' Imprisonment.
MR. MOODY. conducted the Prosecution.
JULIA McCARTHY. I am single, and reside at 33, Hunter Street—on 31st of last month I was in Marchmont Place between twelve and one o'clock—I was going to see my mother, who was having a dispute with the prisoner—I asked mother what was the matter—she made no answer—the prisoner went down stairs into the Area and threw some boiling water over us, which scalded my lees and pained me very much, and my
legs are sore now—I fell down—the prisoner then came up to the door and said, "You b----, I'll have jour life"—I held my hand up to stop the blow, and she struck my finger and thumb—I saw the knife in prisoner's hand—it was a table knife—I went to the station and saw Dr. Paul—a constable was sent to prisoner's house, and I gave her in charge—I went to the hospital then, and remained there till Thursday afternoon—I have not used my hand since.
COURT. Q. Was there any dispute about your mother keeping money from the prisoner? A. No—I had had no squabble with prisoner that day.
JAMES THOMAS PAUL. I am a surgeon, and live at 26, Burton Crescent—I am also surgeon to the E division of the police—on the 21st July, at about a quarter to one in the morning, I examined prosecutrix at the station—I examined her hand, but did not see her leg for two or three days after—she was suffering from incised wounds on the thumb and finger, on the outside, about one inch and a half in length, and reaching to the joint of the finger—one blow would have caused the wounds—she fainted in the station—I dressed the wounds and sent her home—next day I saw her at the hospital in Gray's Inn Road—the finger is not yet healed, and I doubt if she ever gets the use of it again—the other wound is well—I examined the scalded wound on the 29th July—she did not companion of that before—there was a blister.
Prisoner's Defence.. was provoked to use the knife; I only threw soapsuds.
GUILTY of unlawfully wounding. — Six Months' Imprisonment.
THIRD COURT.—Thursday, August 22nd. 1867.
Before the Recorder.
MR. WRIGHT conducted the Prosecution, and MR. TURNER the Defence.
MARY MALONEY. I am servant to Mr. James Edgcombe, who lives at Wood Lane, Shepherd's Bush—on Sunday, 11th August, I went to bed about half-past ten—I saw that the house was secured—all these things (produced. were safe then—I got up about twenty minutes past five on the Monday morning—I found the window open and the table cover gone, also my master's coat and a lindsey dress.
JAMES HICKSON (Policeman 4 B). I examined the prosecutor's house on Wednesday, 14th August, and found an entry had been effected by shifting the catch of the dining-room window by means of a knife—between two and three on Monday morning, the 12th August, I was on duty in Cromwell Road, South Kensington—I saw the prisoner, with two or three other men, on the opposite side of the road—the prisoner was carrying a bundle—I asked him, "What have you got there? "—he said, "Nothing belonging to you "—I said, "Let me see what you have got"—he threw the bundle on the ground and I opened it, and found the articles
produced—I asked him where he brought them from—he said from his mother's, at Hammersmith—I then asked him where he was taking them to, and he said to his wife, at 6, Pond Terrace, Marlborough Road—when I spoke to the prisoner his companions left—one of them said, "Go with him, Tom, to the Marlborough Road, and see if it is not right"—I said to the prisoner, "I doubt your statement, and I shall take you into custody for the unlawful possession of this property"—he said, "All right, old fellow, I will go with you "—I made him carry the bundle, and he walked quietly for about twenty yards; he then threw the bundle on the ground and said, "Will you let me go? "—I said, "No; I have already told you you are in custody, and you must go to the station"—he said, "If you don't let me go I will kill you," and he drew from the left sleeve of his coat this chisel (produced.—I tried to get it away from him, but he struck me with it above the left ear, and knocked me down—I got up, pursued him, and caught him—I struck him on the chest—he fell, and we had a struggle on the ground for about ten minutes—he got away, and ran down Thurlow Hews, and got on to a hoarding—I pulled him down and struck him with my truncheon—we were on the ground, and he said, "If you will let me get up I will go quietly"—I let him get up, and he drew this knife (produced. and said, "If you don't let me go I will rip your b—guts out"—we had another struggle on the ground—he tried to get my truncheon away—another constable came to my assistance, and the prisoner was taken to the station—I am suffering now from the injuries.
Cross-examined. Q. As soon as you spoke to him he showed yon the bundle, did he not? A. Yes.
GUILTY.** He was further charged with having been before convicted, on the.rd May. 1864, in the name of Thomas Emms, to which he PLEADED GUILTY.— Twelve Years Penal Servitude.
The constable Hickson received a reward of £5 by order of the COURT.
MR. TAYLER conducted the Prosecution; MR. TURNER defended Newman.
MR. M. WILLIAMS Quill, and MR. WARTON Mary Walker.
GEORGE STOUT. I am a china dealer at Whitechapel—about half-past one on the morning of the 10th July I was going along the Whitechapel Road towards my home with my two brothers—they were on a few yards in front—one of the females accosted me, and I was seized from behind by the throat, and I was thrown on the ground, and seven or eight people began kicking me—I am not able to speak to any of the prisoners—I had a watch and chain in my waistcoat pocket, and about £3 worth of silver—a policeman came up whilst I was on the ground, and three of the prisoners were taken into custody—when I got up I missed my watch and chain, and some silver from my pockets—four buttons were torn from my waistcoat—on the morning after the examination at the police-court I found my watch in the breast-pocket of my coat—it was not there on the previous day to my knowledge.
Cross-examined by MR. WILLIAMS. Q. You had not taken your coat off at the police-court, had you? A. No—on the night in question I had been showing a country friend round London—I do not know exactly what sum I had in my pocket—I had spent a few shillings.
PHILIP STOUT. I was with my brothers George and Frederick on the morning of the 10th July—I was in front about forty or fifty yards—I heard a noise, which made me turn back, and I saw my brother George lying on the ground—I saw the two male prisoners there—Quill kicked my brother and then went away—I went after him—I caught him, and then Newman came in between us and pushed me away—Quill got away, but I retained his cap—I afterwards went with a police officer to 12, Bell Place, where we found Quill under the bed—I saw some women, but I cannot say whether they are the female prisoners or not.
Cross-examined by MR. WILLIAMS. Q. When you first saw Quill was he not bleeding from the temple? A. Yes—when we found him under the bed he was drunk.
Cross-examined by MR. TURNER. Q. suppose your brother had been drinking pretty freely? A. He had had something to drink—I do not think Newman was in the same state—I stopped Quill about twelve yards from where my brother was.
MR. WILLIAMS. Q. If there were so many people standing there, how could you see Quill kick him? A. It is natural I should suppose he was the man who kicked him, or else he would not have run away—I saw a foot raised, but I would not swear it was his.
ARTHUR TARRANT (Policeman 192 K). I was on duty in the Whitechapel Road on this morning—I saw the prosecutor on the ground, and seven or eight people round him—Newman, Walker, and Johnson were all kicking and striking him—I took Walker off the prosecutor and then lifted him up—he said, "I have been robbed"—I immediately apprehended Walker and Johnson, and handed them over to Policeman 202 K—when Newman saw me he ran away—I ran after him and caught him; I said, "You are charged for being concerned with others in robbing a man"—he said, "I know; I struck him twice"—I took him to the station, aud aft er that I went back to my beat, where I saw Constable 202 K, and I accompanied him to 12, Bell Place, where we found Quill concealed under the bed—he had all his clothes on, but no cap—on Johnson was found silver to the amount of 13s. 3d.
Cross-examined by MR. WILLIAMS. Q. Did you ascertain where Quill worked? A. did—he had been drinking, but he knew what he was about.
Cross-examined by MR. TURNER. Q. How far were you from the prosecutor when you saw Newman? A. Close to him—when I was crossing the road he was in a stooping position, kicking and striking him—there were about eight people there—there was not a dozen.
MR. TAYLOR. Q. When you came up Quill had gone away? A. Yes—I believe Walker lodges at No. 12, Bell Place.
JOHN HOLMES (Policeman 202 K). I was in Baker's Row about half-past one on this morning, that is a turning out of the Whitechapel Road, and there I met Quill walking fast and bleeding from one side of the head—he had no cap on; I asked him what was the matter—he said, "Nothing much"—I went to the spot where this took place, and the two females were handed over to me—I afterwards went with two other constables to 12, Bell Place, as I knew that was where Walker lived, and there we found Quill concealed under the bed—he had no hat or cap.
Quill received a good character. GUILTY. QUILL recommended to mercy. — Six Months' Imprisonment. NEWMAN— Eighteen Months' Imprisonment. WALKER— Nine Months' Imprisonment. JOHNSON— Nine Months' Imprisonment.
783. EDWARD PAUL (20), EDWARD LEWIS (19), and EDWARD HARDING (18), Burglary in the dwelling-house of Joseph Woodger, and stealing therein four coats and other articles. PAUL and LEWIS PLEADED GUILTY. MR. STRAINGH conducted the Prosecution.
JOSEPH WOODGER. I reside at 76, Westbourne Park Villas—of July I came down stairs about twenty minutes past five—I found the drawing-room window and yard door open—I called my wife up and we missed several articles; four of my coats, a cigar case, some plated forks, and other things—I had fastened the back door about half-past ten the night previously—these three coats (produced. are mine.
LYDIA WOODGER. I am the prosecutor's wife—on the night of the 16th, about nine o'clock, I shut the drawing—room window, but did not fasten the catch—among the articles which I missed next morning were gome plated forks, some silver spoons, and a fish knife and fork.
JOHN BURCHER (Policeman 11 X). About half-past three on the morning of the 17th July I was in Johnson's Place, which is about 250 yards from Westbourne Park Villas—I saw Harding coming from the direction of Westbourne Park Villas, and was going in the direction of Cirencester Street, where the prisoner Lewis lodges—a few minutes afterwards I saw the other two prisoners on the towing-path of the canal—they were also going in the direction of Cirencester Street—they wore great coats—shortly afterwards I saw all the prisoners together, Paul and Lewis without the great coats they had previously worn—they stopped at a coffee stall—Harding had a dead snake in his hand, which he said had bitten him—Paul and Lewis then went towards Westbourne Park Villas, and Harding crossed over to the next street, which also leads to Westbourne Park Villas—after he had turned the corner I saw him peep at me—I went after them, but lost sight of them—about a quarter-past seven I saw Paul at the end of Cirencester Street, coming from the direction of Lewis's house—Harding was behind about 150 yards—I took hold of Paul—I afterwards went to Lewis's lodgings, No. 38, Cirencester Street, aud found all the things produced, which have been identified by the prosecutor.
CHARLES PERRY (Police Sergeant 9 X). About seven o'clock on the morning of the 17th I watched Lewis's lodgings, No. 38, Cirencester Street—about five minutes past seven I saw Harding and Paul come out of the house—they separated, Harding going towards Johnson's Place, and Paul in the opposite direction—I followed Harding, who turned back and met me—I was with Sergeant Burcher when he apprehended Lewis—I have since found under the bed in Lewis's room a pair of boots—on the night after Lewis and Paul were apprehended Harding went to Lewis's house after the boots, and since then Harding has told me that they were his boots.
HENRY YATES (Policeman 70 X). About twenty minutes past three on. the morning of the 17th I saw Lewis and Paul coming from the direction of Westbourne Park Villas—they were then in Great Western Terrace, at the bottom of Kensal New Town—a little before four I saw Harding on the railway foot-bridge, which is about fifty yards from where the robbery was committed, in Westbourne Park Villas—he had a snake in his hands and said he got it in the fields—his finger was bleeding.
Harding. Q. Did I have anything about me more than I have got now? A. No, I did not see anything.
16, Devonshire Street, Lisson Grove—he deals in the dust yards—on the morning of the 17th Harding came to my place—he had a small parcel with him—I did not see what it contained—there was something sticking out like the prongs of a fork—he asked me if I would buy what there wat there—I said, no, I had no money—he said, "Where's your husband? "—I said, "Up in the yard, "and he wanted me to send for him—he did not say what the parcel was.
COURT Q. Did he call it by any name? A. do not remember—I think he said it was "toot" or "wedge"—he called it by some name—"toot" is what we call brass or metal—I do not know what "wedge" means.
William House (Policeman 97 D). I took Harding into custody at 65, Devonshire Street, Lisson Grove, on 22nd July, about three o'clock in the afternoon—I told him I wanted him for being concerned with two others for committing a burglary on the Harrow Road ground—he said, "All right, it is a good put-a-way"—I asked what he meant—he said, "The girl Clarke has sold me, for I gave her a ticket"—I took him into custody.
Harding. Q. Did you find any stolen property in my possession? A. No.
GUILTY.— Judgment respited.
MR. WRIGHT conducted the Prosecution.
ELEANOR COLLIER. I am the wife of Charles Collier, and reside at 5, Percy Square, Pentonville—I receive my milk from Mr. Wright, of Farringdon Street—on the 29th I paid the prisoner 3s. 2 1/2d. for milk, and he gave me this receipt (produced.
SUSANNAH FILBART. I am the wife of Richard Filbart, who resides at Liverpool Street, King's Cross—I have been in the habit of dealing with Mr. Wright for milk—on the 9th I paid the prisoner 1s. 10d., and he gave me this receipt (produced.
GEORGE TAYLOR. I am manager to Mr. Wright, of Farringdon Street, dairyman—the prisoner was in his employment as a milk carrier—his duty was to deliver milk to the customers, to receive the money, and pay it over to me when he came home—the three sums 1s. 2d., 1s. 10d., and 3s. 2 1/2d. were never paid to me—his wages averaged about 1l. 1s. per week.
COURT. Q. Did he keep any book? A. He kept no book for us—Mr. Wright is not here—he is at the farm at Peckham, and I manage the business in Farringdon Street—he never paid any money over to Mr. Wright—when I gave him into custody I told him that he had had the money, and he said that he did not intend to keep it.
Prisoner. have mercy upon me, it is my first offence—I have a wife and large family.
GUILTY. Recommended to mercy by the prosecutor. — Nine Months' Imprisonment.
MR. BESLEY conducted the prosecution.
MARIA HARHERFOLD. I am in the service of Mrs. Lucy Newbery, of 3, Hunter Street, Brunswick Square—about two o'clock on Saturday afternoon, 6th July, I heard somebody at the door—I was just inside the front parlour door—I went to the door and found it partially open—I shut it—about three minutes afterwards I heard a noise like a latch-key being put into the door—I went and found it just open—Askey was there; he said, "I came to tell you your door was open"—another person dressed in dark clothes was standing at the foot of the steps, but I did not take sufficient notice to recognise him—the same night I was taken to the police-station by ray mistress—there were a number of persons there—I pointed out Askey.
LUCY NEWBERY. I am a widow—on the 6th July I was residing at 3, Hunter Street—about ten o'clock that night I was in the dining-room having supper—I heard a key being put into the door—I went into the hall and waited two or three minutes, when Askey and Lewis came in, Askey first and Lewis behind—I seized the wrists of Askey and held him; he trembled violently and said, "Miss Jackson, Miss Jackson"—he struggled and got away, and he and his companion ran down the steps—I followed them and called out as loudly as I could "Stop thief! "—however, they got away—about eleven o'clock the same night I saw them again at the police-station—my servant was with me—there were a number of persons there, and I picked Askey out—the other I had not seen sufficient to recognise, but I firmly believe him to be one—I did not see anything of Collins.
JOHN WINTERBOURNE (Policeman 136 E). On the afternoon of 6th July, between one and two, I and my wife were in charge of an empty house in Bernard Street, Russell Square—from what my wife said to me I looked into the street and saw the three prisoners together—Bernard Street is about seven minutes' walk from Mrs. Newbery's—I saw them again about half-past ten in Woburn Place—Lewis and Askey were standing together, and Collins came off a doorstep—Bernard Street—I assisted Sergeant Chow in taking Askey and Lewis into custody; Collins ran away—when we were taking the prisoners I heard something drop—I and Chow returned to the spot and picked up some skeleton keys, one of which opened Mrs. Newbery's door—I am not able to say from which of the prisoners the keys came.
JOHN CHOWN (Police Sergeant. I saw the three prisoners together on the 6th July, about a quarter to eleven, in Woburn Place—I saw Collins and Askey stand against a lamp-post nearly opposite the door of 48, Woburn Place—I watched them and saw Askey leave Collins and go to the doorway of No. 48—Lewis joined them, and they walked in conversation together along Woburn Place and turned down Bernard Street—Winterbourne came up and we seized upon Askey and Lewis; Collins ran away—I heard a noise like the junking of iron—something fell from one of the prisoners, but I do not know which—we took the prisoners that the station, and then I returned to the spot and found these two keys (produced.—this is a skeleton key and will open nearly all the doors in the neighbourhood—I took Collins on the 10th July in the City—I told him that he was charged with being concerned with two men of the name of Askey and Lewis for loitering in Woburn Place with skeleton keys—he
said, "I ought to be b----lagged for mixing up with such a lot"—he also said, "The Ford (meaning Lewis) has rounded on me. I ought to be ashamed for living in the court with them. I have only been living there a short time. I have just come out of Guy's Hospital. If thought they did I would lag every one in the court."
JANE WINTERBOURNE. I am the wife of the constable who has been examined—I was with my husband in charge of an empty house in Bernard Street—on 6th July I saw the three prisoners, and I made a communication to my husband.
GUILTY. ** Ashey and Lewis further PLEADED GUILTY to having been before convicted. ASKEY and LEWIS— Seven Years' Penal Servitude. COLLINS— Eight Years' Penal Servitude.
MR. COLLINS conducted the Prosecution, and MR. HORRY the Defence.
THOMAS MILLER. I am a builder, and reside at 14, Millman Street, Bedford Row—about twelve o'clock on 13th June I was walking up St. Martin's Lane, and when near West Street a man seized me by the throat and another jumped on to my back, and the prisoner drew my watch out of my pocket—while I was on the ground one of the men kicked me in the mouth and knocked two of my teeth out—I am perfectly satisfied that the prisoner is the man who took my watch—I saw him on the 16th with seven other men, and I picked him out.
Cross-examined. Q. Did you see who took hold of your throat? A. could not recognise him so well as the one that took my watch—I can undertake to swear that the prisoner is the man who stole my watch.
GUILTY. He further PLEADED GUILTY to having been before convicted.— Ten Years' Penal Servitude.
MR. HOUSTON conducted the Prosecution, and MR. Cooper defended Ryan.
JAMES BESLEY. I am a cab-driver, and live at 8, Wood's Place, Westminster—about 2.30 on the morning of the 6th August I was in St. Ann Street, Westminster, in company with a young woman—I was going home with her, and when we got to her house I went into the passage—I had hardly time to get inside when four or five men came rushing in—one of them said, "What do you do in my house? "—I said, "If it is your house I will soon get out of it"—I tried to get out, but they would not allow me—when I did get out I was immediately knocked down, and received two or three kicks in the side and two or three severe blows on the head—I could not state who dealt the blows, but Condon was the man who knocked me down—I cannot state positively that Ryan is one of the men, but I believe him to be one—I called out, "Police!" but they knelt on my throat and took my purse out of my pocket—there were 29s. or 30s. in the purse—I have not seen the purse since—I got up and was knocked down again—they ran away—I met two policemen, and we pursued the prisoners into Great Peter Street, and ultimately Condon was
secured in Marsham Street—I accused him of being one of the men—he declared that he was not, and that he had just come from Lambeth, or from over the water—I gave him into custody—Ryan I saw at the station.
GEORGE BAKER (Policeman 414 B). I saw the prosecutor in Orchard Street on the morning of the 6th August—in consequence of what he told me I pursued five or six men running down St. An Street—Condon was one—I had seen him before, but I cannot say that I ever saw him in the company of Ryan—I caught Condon, and the prosecutor said, "That is the man that first knocked me down."
JONATHAN RICHARD (Policeman 70 B). About 2.30 on the morning of the 6th I heard the cry of "Stop thief! "—I saw Ryan and a lot more running—I asked him to stop; he said, "Yes, you b----, you shall have me if you can catch me"—I caught him and asked him what he ran away for; he said, "I will give you a shilling to let me go"—on the way to the station he said, "I will recompense you one of these days"—I had seen the prisoners together about twelve o'clock on the previous night.
WILLIAM BARNETT (Policeman 106 A R). On the morning of the 6th August I was in Orchard Street, and heard the cry of "Stop thief! "—I followed some men down St. Ann Street into Peter Street—I had seen Condan in Peter Street at eleven o'clock, but he was not with Ryan.
JONATHAN RICKARDS (re-examined. When I heard the cry of "Stop thief!" I was in Laundry Yard, which is about 150 yards from where the robbery took place, and the persons who were running were running from that direction.
CONDON— GUILTY.*— Eighteen Months' Imprisonment. RYAN— NOT GUILTY.
MR. STARLING conducted the Prosecution.
SAMULE SIMON. I am a jeweller, at 188, St. John Street Road—on the 8th August the prisoner came to my shop and purchased a ring, for which he paid me—after that he selected some goods and asked me to allow him to take them to a lady customer to show them, and he would either return the goods or the money within an hour—I asked his name—he said, "My name is Barnett, 83, St. John's Wood"—I said, "Do you know a gentleman there who keeps a curiosity shog? "—he said, "Yes, he is an intimate friend of mine, Mr. Lazarus"—then I let him have the goods, and he went away with them, but did not come back—on the following day I went to the curiosity shop, and afterwards to 28, Victoria Terrace, where I saw the prisoner—I asked him why he did not come back with my goods—he said, "Oh! the goods I left with the lady"—I said, "Where does the lady live? "—he then said, "I made a mistake; I left them with Mr. Shepherd"—I asked where Mr. Shepherd lived, and he then said, "I sold the goods and made use of the money"—these three stones (produced. are a portion of the property I let the prisoner have.
ELLEN SIMON. I am the daughter of the last witness—on the 8th August I was in the shop and saw the prisoner come in—he selected some goods and asked pa if he would let him have the goods, and pa said, "Yes"—he said, "I will bring them back to you in an hour or the money"—he gave his name as Mr. Barnett, 83, St. John's Wood.
GUILTY.— Nine Months' Imprisonment.
FOURTH COURT.—Thursday, August 22nd. 1867.
Before Robert Malcolm Kerr, Esq.
791. THOMAS PETTITT (53), ARTHUR PETTITT (21), HENRY HALL (20), HARRIET HALL (22), and ELIZA SMITH (20), Barglary in the dwellinghouse of Henry Pulham, and stealing forty handker chiefs and other articles, his property.
ARTHUR PETTITT and HENRY HALL PLEADED GUILTY. MR. W. SLEIGH conducted the Prosecution, and MR. PATER defended Thomas Pettitt.
SARAH PULHAM. I am the wife of Henry Pulham, of 60, St. Ann's Road, Stepney—on 26th June I went to bed at half-past ten, and when I got up I found the window open—I had left on the table in the parlour the night before four nightcaps, one blanket, and other things—these were gone the next morning—they all belonged to me—they were worth about 3l.
JOHN GOODBANK (163 K. On the 30th June I watched the house, 24, Salisbury Street, occupied by the prisoners—I went into the room of Thomas Pettitt, and saw him there with his wife—I did not find anything in that room—I afterwards went into the room occupied by Arthur Pettitt and Eliza Smith, and found these handkerchiefs between the bedclothes—I then went into Hall's room and found a collar there—I did not find anything else.
The COURT was of opinion there was no evidence against the other three prisoners.
792. THOMAS PETTITT, ARTHUR PETTITT, HENRY HALL, HARRIET HALL, BETSEY PETTITT, SARAH PETTITT , and ELIZA SMITH were indicted for burglary in the dwellinghouse of Henry Wood, and stealing a basket of linen and other articles, his property.
ARTHUR PETTITT and HENRY HALL PLEADER GUILTY. — Fifteen Years' Penal Servitude each.
SARAH WOOD. I live at 19, Clyde Terrace, Limehouse—I went to bed on the 27th June, leaving the house quite safe—I was awoke at a quarterpast two, and found the window of the breakfast parlour open, and a basket of linen and a black dress and other things gone—these are some of them (produced.—they were safe the night before at twelve o'clock.
JOHN BARNES CLERK. I am a pawnbroker's assistant at 180, Mile End Road—here is a duplicate, "28th June, gown, 5s."—it was pledged by Betsey Pettitt, two table cloths on the 28th June by Mrs. Pettitt, and also a shirt by Mrs. Pettitt.
JOHN SQUIRE (Policeman 447 K). I watched 24, Salisbury Street—on the 30th June I went into the back kitchen—I told Betsey and Sarah Pettitt I should take them into custody for stealing some linen—I found a handkerchief there—I then went into another room and found a quantity of other things—this jacket (produced. I found in the chimney of the room
occupied by Arthur Pettitt and Eliza Smith—I also found this pair of gloves, owned by Mrs. Wood, and I found the other things at the pawnbroker's.
Cross-examined. Q. Where did you find the gloves? A. In a drawer in the back room down stairs.
Thomas Pettitt received a good character. THOMAS PETTITT, ELIZA SMITH, HARRIET HALL, and SARAH PETTITT— NOT GUILTY. BETSEY PETTITT— GUILTY of receiving.— Fourteen years' Penal Servitude.
MR. SLEIGH offered no evidence.
MR. STARLING conducted the Prosecution, and
MARY BISHOP. I am a widow, and live at 8, Hare Walk, Kingsland Road—I have lodgers—I occupy the back parlour as a bedroom—on Saturday night, the 13th July, I wont out about twenty minutes past nine—my back parlour window was then shut—I locked the door and left the key on the kitchen table—I returned in about twenty minutes—when I opened the front door I saw a light in the back parlour—I called out and said, "What's up?" and the light was directly extinguished—I then found the door wide open—I heard some one run through a passage into the yard—I went into the parlour, and found the things all out of the drawers and tied up in a quilt ready to bo taken away—it was wearing apparel worth about 12l.—I had left them all safe when I went out—I do not know the prisoner—I do not know this shilling (produced.—I left some money in the bedroom—there was no mark on it.
MARY ANN WYBROW. I live in the same house as the prosecutrix—I came home about ten minutes past ten on the 13th July; my attention was called to a light in the lady's room—a short time after I saw two men on the wall—I recognise Haverlock as one of them—he had a round hat on—they were roving about from house to house—on the Sunday morning, about four o'clock, I heard a dog bark, and looked out and saw Winford pass our window.
WILLIAM THACKER. I am a cooper, and live at 2, Gifford Street, Kingsland Road, about half a minute's distance from Hare Walk—on 13th July I saw the two prisoners on the top of a house, and I ran into the yard and saw them come down, and lost sight of them—I got up a little after three—I fancied I heard a noise and saw them coming up the corner of the house of Mary Bishop—I sung out, "Stop! police!" and they ran off.
the 27th June I had had my supper and was going home, when I was attacked by a number of men—I was knocked down and hit on the head with a stick—I do not know who it was struck me—I did not see the prisoner till I came out of the hospital.
THOMAS DYMOCK. I am a labourer, and work for Messrs. Kingsbury and Co.—on 27th June I was with Cook—we met a number of men, about twenty—they had sticks—Cook was knocked down by Cronin by a stick—he was struck on the head—I do not know whether he was struck again when he was on the ground—I saw the prisoner on the ground—he was knocked down by one of our party—I left Cook—he was bleeding a good deal—he could not answer me, and I thought he was dead.
Cross-examined. Q. Where were a good many persons there, were there not? A. Yes—there were seven or eight of our party, and about twenty or twenty-five of the other—they rushed on us—we had said nothing to them—they were coming up the green, and they all came suddenly upon us—I could tell the prisoner because he was first—I was knocked down also—we had no quarrel before bond—they were Irish, and we were English.
GEORGE COOK. I am the prosecutor's brother—I was going home after supper with him—we met a number of men—I saw the prisoner there—he got a stick and knocked my brother down—I did not hear the prisoner say anything—my brother was knocked down by this stick (produced.—the prisoner kept hitting him with it on the head when he was down—they knocked me down too.
GEORGE FIELD. I am house surgeon to St. Mary's Hospital—Cook was brought there—I examined his skull—I found five severe wounds—the bone was laid bare in three places—they were dangerous wounds—he might have had concussion of the brain—he was under my care for about ten days—he is all right now—this stick would inflict such injuries.
Cross-examined. Q. Is there any blood on the stick? A. Yes—there is something resembling blood.
GUILTY on the third Count. — Twelve Months' Imprisonment.
MR. HOUSTON conducted the Prosecution, and MR. BRINDLEY the Defence.
THOMAS TIBB. I am foreman to Messrs. Henry Chapel and Co., wine merchants, of Seething Lane—the prisoner came to our place on the 9th of June—I did not know him before—he presented this order (read:—"June 19, 1867. Henry Chapel, Seething Lane: please let the bearer have the cash for Charles Gotobed". gave him the casks and he signed for seven—the van was not large enough to hold nine—I believed that this was signed by Mr. Gotobed—the value of the casks is about four guineas—I afterwards sent an account in and found the prisoner had not delivered them—I gave information to the police and he was taken into custody.
Cross-examined. Q. Had you undertaken to supply forty casks? A. Yes—I saw the name of Morgan on the cart—he came in the ordinary course of business.
CHARLES GOTOBED. I am a clerk to the prosecutors—I do not know the prisoner—I had an order to give to Messrs. Chapel for forty casks—I gave it myself—I did not sign this order (produced. nor send the prisoner for any casks—we had received thirty-one of the casks, and there were
nine more to come—I afterwards received two casks, but I am still deficient of seven.
THOMAS SMART (City Policeman 998). I took the prisoner into custody—I told him I was a constable and should take him in charge for obtaining seven wine casks by means of a forged order—he said he knew nothing about it, but afterwards he said, "The order was given to me by a man who instructed me to go and meet him at the General Post Office when I had got the casks; he met me there, and we took the casks to Holborn, where they were sold, and were put into some cellars"—he said he would show me the place, and I said I already knew—he said he did not know the man, he had never seen him before—I showed him the receipt and he said he had signed it—I have not been able to trace the casks.
Cross-examined. Q. He said he had signed the receipt? A. Yes, directly I showed it to him—he was quite willing to tell me all about it—I believe the casks were sold to Mr. Green, of Saffron Hill—I do not know the man—the prisoner did not seem to remember at first—I was before the Magistrate, and Mr. Green was there on the first occasion—I believe he gave 9s. for the casks—he said he bought them, and the prisoner was not the man.
The Prisoner's Statement before the Magistrate.—"A man came up to our shop and engaged a van, and rode with me to London Bridge, and said he had two orders to leave, and asked me to go to Seething Lane, and he would meet me at the General Post Office. I afterwards met him there, and he rode with me to a cooper's in Field Lane. I delivered the casks in Liquorpond Street, at the cellars."
MR. BRINDLEY conducted the Prosecution, and MR. COOPER the Defence.
ANN COLLINS. I am the wife of James Collins—I know the prisoner—I was present at the Highbury Chapel when he was first married—I saw him and his wife about two years after they were married—I did not see her again before I saw her in Clerkenwell Police-court—they used to live at Cheltenham—I do not know any more of them.
Cross-examined. Q. Did she not leave her husband? A. Yes—she has not told me so—she has been living with a man named Small for some time—he is a seafaring man, and when he is on land he lives with her.
WILLIAM MARSH (Policeman 5 Y). I took the prisoner into custody, and charged him with bigamy—on the way to the Station he said, "I have not seen the woman for thirteen years, and I did not think it was wrong to marry again"—the first wife gave him into custody—she is living with Small.
Cross-examined. Q. Did the wife confess that she had left him? A. No—not to me.
GEORGE DAVIS. I am the prisoner's brother—I knew the first wife—she left him in 1854—I knew them living together in 1853—I do not know that they lived together afterwards—they have not corresponded since.
MR. WARTON conducted the Prosecution.
Street, Islington—on 22nd July, between one and two, the prisoner came into my shop and bought a wedding ring and a signet ring, which came to 16s. 6d., and offered me in payment a cheque for 10l. 14s.—this is the cheque (produced.—I had not money enough to give change, and I sent in to Mr. Potter and he cashed it, and I gave the change to the prisoner—on the 24th July she came again—she then gave my husband another cheque—I was present—she asked him to cash it and he refused—the morning after she passed my shop, and I then gave her into custody in consequence of something I had heard.
GEORGE CONEN. This cheque for 10l. 14s. was given to my wife on the 22nd July—on the 24th the prisoner came to me with another cheque—I asked for her address, and she said, "If you have any doubt about it I will tell my husband, and bring the money round in the morning"—I asked her something about her husband, and she said he was a large wine merchant at the London Docks—she gave the name of Holland—she said if I took the cheque to any wine-shop in London they would cash it immediately—on the next day she was passing the shop and I gave her into custody—I had the cheque in my possession—the next day I received the cheque from the clearing house in Lombard Street, and it was marked "No account"—she gave me the first address 81, Barnsbury Street, which I found was false—the next time she gave 81, Cloudesley Road—I went there some time after, and found a man there of that name—when I gave her into custody she said if I went with her she would see her husband and get me the money.
GEORGE EDWARDS. I am manager of the Birmingham Joint-Stock Bank—this cheque is signed C. Francis—we have a customer of that name—that is one of our cheques—it was issued to a person giving the name of Guest, who had an account with us in 1866—I tried to get the cheque book back, but could not.
JOHN STRATTAN (Policeman 34 N). I took the prisoner into custody—she would not give me any address—she said she had been living in Cloudesley Road, Islington, for four or five weeks—I found she had, but had left—she refused to give any other address—Holland has lived with her in Birmingham—she said he had an office in the City, but she did not know more—the cheque had been in Holland's hands.
MR. GRIFFITHS conducted the Prosecution.
THOMAS WHEELER BAKER. I am a clerk, and live at 184, King's Road, Chelsea—I was in College Street, Chelsea, about eleven o'clock on 25th June—a woman came up and spoke to me, and I told her to go away—I crossed the road into King's Road and was grasped round the throat—I heard some man call out, "Be quiet, or you will be heard"—it was one of the men that had got hold of me—I was struck on the nose, which made it bleed—I was a good deal hurt about the throat—I had some loose silver in the tail pocket of my coat, and my keys—after they had robbed me they threw me back and ran away—one afterwards passed me again, running, and made a blow at me, which did not strike me—I jumped
on one side—I went to the station on 1st July and described one man to the police, the only man I saw in front of me—I afterwards saw a number of men, placed in a row, in the station, and I picked oat the prisoner directly—there was also another that I could not swear to, and he was discharged—I have not any doubt about this being the man.
Prisoner. Q. Did not you say at the police-court that I was the man who stood in front of you? A. Yes—I believe I said so, but I cannot exactly recollect.
WILLIAM BAKER (Policeman 69 F). From information I received I went on 1st July to the Angel public-house in Great Chapel Street, I saw the prisoner there in company with a man named Lane—I took them to the station—they were placed among a number of other men, and the prosecutor picked out the prisoner directly—he could not swear to the other man.
Prisoner. Q. Did you not say, "That will not do when you come to Mr. Arnold?" A. No—that was the question you asked me with respect to Lane.
JOHN BOVENIZER (Policeman 345 T). I was at the corner of Bond Street, Chelsea—I saw the prosecutor and a female come up Leader Street; I also saw three persons together behind Mr. Baker—I had never seen them before—I am sure the prisoner was one of them—about a quarter of an hour after I met the prosecutor and he made a complaint to me—I next saw the prisoner at the station—the prosecutor had not the least difficulty in picking him out.
Prisoner. Q. Why did you not take me when you first saw me? A. had nothing to take you for till Mr. Baker came and said he was robbed.
JAMES HICKSON (Policeman 4 B). At a quarter to one on the 25th June I was standing near a public-house with another constable, named Watts—I saw the prisoner and another man, they spoke to us—I had seen him before at eleven, at the Roebuck public-house—there were four men and two women with him there.
WILLIAM WATTS (Policeman 253 B). About eleven o'clock on 25th June I was in company with Hickson—I saw the prisoner at the Roebuck—there was somebody with him—on the following morning the prisoner came up, and we had a conversation with him two or three minutes; there was another man with him.
Prisoner's Defence.. live near there—we went to a public-house and stopped there till morning with a brother-in-law of mine and two women.
ELLEN DIGGINS. I was drinking with my brother and sister and the prisoner on the night in question—he went away about nine o'clock, and I did not see him till twenty minutes to one—the policeman said I was with my brother that night and was one of the guilty parties—the prisoner stayed at the public-house till twenty minutes to two, and then went home, and my brother stayed with my sister at the public-house.
Cross-examined. Q. What are you? A. married woman—my husband is at work at Brentwood—I have not been with him for three weeks—I have been convicted once, and had sir months—I have never been tried, except that—I was with the prisoner all that day and the greater part of the night—I was not with him at one—he was at the Terrier with a young man—I left him at half-past nine—I do not know whale time he came home, we have no clock.
out of the Terrier and took some beer home in a can—I waited there till about two—I knew the time by my father's clock.
Cross-examined. Q. How many times have you been in a Court of justice? A. Twice—I have had twenty-one days—I have been twice before the Magistrate—I have been taken up by policemen three times—I met the prisoner at the Terrier—I know him by keeping company with his sister—it was about nine when I got to the Terrier—I will not swear it was nine—I did not see a policeman that night—I never saw Watts before today—I paid for the beer—we had half a gallon, which I took home—I went straight home after that—his sister was not with him that night—she was at home.
GUILTY. He further PLEADED GUILTY to having been before convicted.— Eight Years' Penal Servitude and thirty-nine lashes.
MR. LEWIS, for the Prosecution, offered no evidence.
MR. COLLINS conducted the Prosecution, and MR. WOOD the Defence.
CHARLES BRILEY. I live at 143, Cannon Street Road, and am a tailor—on the 15th August I was at my bedroom window, and I saw two men go into the prosecutor's house—it is about thirty yards from my house—I heard them breaking off the hinges of the door and shutters—I then went out and found an officer.
Cross-examined. Q. How long was it before you came back? A. should say rather more than ten minutes—I went to the top of the street to find an officer, it is about one hundred yards—I did not know the prisoners from that distance—it was not a very dark night—there was a heavy storm that night—it was about half an hour before that.
JOSEPH NEWMAN (Policeman 146 H). About a quarter to three on the 15th of August my attention was called by Mr. Briley, and I went to Mr. Shear's house and saw the two prisoners come up the area steps—I said, "What do you mean by this? "—Wilks said, "Governor, we have made a mistake"—I called another constable, and Wilks said, "I do not want to fight with you, neither do I want to stab you," and he threw a knife into the middle of the road—I found the shutters broken open, the prosecutor's window up, and this teapot (produced. standing on the ledge—I found this little bolt broken off the door.
Cross-examined. Q. Where was the knife thrown to? A. Into the middle of the road—I do not suppose that this knife took off the bolt—there were marks on the shutters of the window—I did not find any jemmy on them—I saw them throw something away—I searched for it and could not find it—I did not find anything else—I looked pretty sharp to see—I met them outside, in Cannon Street Road—I will swear they came up the steps—I had not seen anybody else in that neighbourhood—I had seen a good many persons that night—I should not have gone so close to the house if I had not been called.
ELIZA SHEARS. I am the daughter of John Shears, and live in Cannon Street Road—I made the house fast the night before; the shutters were all fast, and so was the kitchen door—the teapot was on the sideboard, near
the window—I heard a noise in the middle of the night, and I afterwards found the window open.
Cross-examined. Q. Did you hear the wringing of the shutters? A. No—I think the thunder storm had come on—I hare not missed anything but the teapot.
GUILTY. WILLIAM WILLIS further PLEADED GUILTY to having been before convicted.— Eight Years' Penal Servitude. WILKS— Two Years' Imprisonment.
OLD COURT.—Friday, August 23rd. 1867.
Before Mr. Baron Bramwell.
MESSRS. SLEIGH and LEWIS conducted the Prosecution, and MR. RIBTON the Defence.
ISAAC KEYSER (through an interpreter. I live at Leman Street, Whitechapel, and am a tailor, working for Mr. Wolmerhausen, of Conduit Street—I recollect meeting the prisoner and a person named Peterson—Peterson stopped me and asked me if I was a tailor—I said, "Yes"—he said, "Do you work here? "—I said, "Yes"—that was the first time I had work from there—he said, "That is my place here, and there is a strike here; you cannot take any work from here"—I replied that I did not know there was a strike there, and I would not take any more—he said, "I shall not let you go away; you shall not live longer than three days; I will kill you; I will give you a blow"—I said that I would call a policeman—he said, "Well, just when the policeman comes I shall kill you"—I went to Berkeley Street, and the prisoner walked by my side—I did not know he was a tailor—he gave me a blow on the side, which made me fall down—three gentlemen came up and asked what was the matter—I laid, "My dear gentlemen, you must not go away, as these people are going to kill me"—they advised me to call a policeman—I said, "There is no policeman here"—the prisoner ran away after he gave me the blow, but the other one remained—I was much hurt—I could not get up—the gentlemen were obliged to lift me up, and I had to go home in a cab.
Cross-examined. Q. Did you know the prisoner before that day? A. had seen him before, standing before a shop, on, I think, the Saturday previous, and this happened on Tuesday—I had never spoken to him, but merely seen him at a shop as I was passing on the other side of the road—I am quite sure he is the man; I have never said that I was not sure—I do not know the name of Rosenberg—I have seen that man (Rosenberg. twice, and once at Marlborough Street—after the affair he came and asked me to settle the matter—I have never said to Rosenberg that I was not sure the prisoner was the man who struck me—I never said to Rosenberg that I was not certain whether the prisoner was the man or not—I have seen Maurice once—I don't know Lawrence; perhaps if I saw him I should know him (he was here called in.—I do not know that gentleman—I did not call on him and tell him that if he gave me something I would be out of the way when the summons against these men was called on—he did not say he would not give me a farthing—I did not say to Maurice in German that I would not attend the summons if something was given to me.
MR. SLEIGH. Q. When was it that Rosenberg came and asked you to settle the matter? A. When we came from the police-court.
COURT. Q. How soon after the assault was the defendant arrested or summoned? A. think a week after—the assault was on a Tuesday, and we appeared at the police-court on the following Saturday—I gave information to the police on the Wednesday morning, at the station—O'Connor went with me—I did not at that time know the prisoner's name or where he lived—when he was following me and going out of my sight I observed his physiognomy very much, and I also observed that there was something the matter with his foot or leg, and when he had thrown me down I again saw that he had a stiff leg, I described him by those marks, and I told the policeman directly I saw him that he was the man.
CORNELIUS O'CONNOR. I am employed by Mr. Wolmerhausen—I know Peterson and the prisoner—I saw them together on the Tuesday in question in Curzon Street and Half Moon Street, round Mr. Wolmcrhausen'g establishment, picketing—I had seen them together previously, nearly every day from the commencement of the strike up to that time—Peterson had been in Mr. Wolmerhausen's employment—the prisoner worked with him.
Cross-examined. Q. Where are a good many foreigners there, I suppose? A. Yes, Germans and Swedes, and Norwegians occasionally—I observed Peterson that day particularly, because the very next morning I heard of the assault—I am Mr. Wolmerhausen's managing clerk—I saw other persons with Peterson occasionally as well as the prisoner, not persons in the same employment, both foreigners and Englishmen.
COURT. Q. Do you know whether the prisoner has a stiff leg? A. Yes, he has.
---- — REDFORD (Police Sergeant C 114). I took the prisoner into custody on a warrant, at the Sun public-house, Sun Court, Curzon Street, close to Mr. Wolmerhausen's (I have not been able to take Peterson)—I told him he was charged with assaulting Isaac Keyser in Berkeley Street—he said, "I know nothing of it"—I observed that he was lame, he has got a stiff leg, he walks with a stick.
Cross-examined. Q. Did he not say, "Me don't understand, me don't know anything about it?" A. Yes, I believe it was four days after the assault that I apprehended him—I believe a summons was first issued—Peterson has disappeared altogether—I don't know what has become of him, his name was included in the warrant.
MR. RIBTON called the following witnesses for the Defence:.
BENJAMIN ROSENBERG. I am a tailor—I know Keyser, I spoke to him upon the case, because some friends of Egeberg came and asked me if I could do so, as he was entirely innocent of the affair—I walked with him arm-in-arm for three-quarters of an hour—he asked me to have a glass of "cooper" with him; he took me to the Coach and Horses, at the corner of Conduit Street, and then I asked him if he was certain Egeberg insulted him as he had stated—he said he was not certain—I spoke to him a great deal more, I asked him the reason why he appeared—he said because he had promised Mr. Wolmerhausen—I asked if he wished to go and see any one belonging to the Tailors' Society and state the reason—he said he did not mind, so I sent for a gentleman up at the society, Mr. Maurice, and he left me standing at the bar and went away
with him, and said, "Wait here till I come back, I want to see you"—I waited three-quarters of an hour, and I never saw him since.
Cross-examined by MR. SLEIGH. Q. For whom do you work? A. work for different places—I work in the country as well as in London—I was not at work when this case came on, I was working at a friend's—I did work at Poole's in the winter; I think I worked there up to 22nd April—I then left—I left of my own accord—I did not know the prisoner before this—I did not go to the police-court—a friend of the prisoner's came to me, as I am a Jew, to speak to Mr. Keyser—it is not true that I walked with Keyser from the police-court, I walked with him from Maddox Street—it was before he went to the police-court, before the prisoner was taken into custody; it was about twelve o'clock in the morning, the day it was supposed the trial would come on at Marlborough Street; I saw him walking arm-in-arm with Mr. Wolmerhausen's manager, and when he left him I went and spoke to him—I did not know Maurice before; I sent for him as a foreigner to reason with Keyser, one foreigner with another—I spoke to Keyser partly in English and partly in German, because there were lots of people at the Coach and Horses, they were principally English—I did not go to the police-court, but I went to Mr. Lewis the same day the case was on and told him that Keyser had given a false statement—I thought it would be rude in me to go and tell the Magistrate.
COURT. Q. Do you know Peterson? A. No; I heard that Keyser had been struck, but I never heard by whom—I do not know what has become of Peterson.
MATTHEW LAWRENCE. I was secretary to the committee of the Operative Tailors' Association—I knew nothing of this blow given to Keyser till he came before me in company of Maurice—Maurice came to me in the committee-room, and said there had been an assault committed, as he understood—Keyser was not present at that time—Maurice stated something to me in German which conveyed to my mind that he was wishing to settle the case—I neither know German, or French—our committee-room consists of a large room and a small side room—Maurice came and called me, and we went into the small side room, all three together, and Keyser communicated to me in French, through Maurice, an inclination to settle the case—Maurice spoke to me in English, he interpreted for Keyser—about that time we had come to the decision to take no part in defending violent acts, and we asked our solicitor to draw up a pamphlet to issue to our members, instructing them in the law—when Keyser came before us and wished to settle it, we felt there was an apparent innocence, and I distinctly refused, through Maurice—Keyser addressed me in very fair English, and said that for the consideration of 30s. a week he would leave off, but he could not for less, and the payments at that time were only 1l.—I informed the committee of it, and they said, they would undertake the defence—I do not know that working tailors are subject to stiff legs; as far as my knowledge of the trade goes, they are as straight in their limbs as any other class.
ZILVY MAURICE. Keyser came to me after this assault had been committed—he called on me expressly to explain everything that he would do and what he had done—it was two or three days after the prisoner was taken into custody; no, it was the same day when he was to go to Marlborough Street, before he went there; it was on a Monday morning, at ten o'clock—Keyser was in a public-house in Conduit Street—he told a gentleman who
was there to fetch me, that he could better explain in my language—I went there, and he told me he wished not to work against the strike, only he worked in the City for Simpson's, the slop shop, and he went to the West End to try and get more wages, that he had taken work for Mr. Wolmerhausen, and he did not know that shop was on strike—I told him it was, and he said if he had known it he would not have done it, and said, "How shall I manage now to get away? "—I said, "Come with me to the committee-room, and we will see Mr. Lawrence and explain the matter"—we went and had a talk between the three of us—he said, "If you can promise me how much I shall have a week I will give up"—he was told we gave 1l. for a man and 10s. for a woman—he said that was rather small, but he would think about it, and give me an answer in an hour's time—I waited for him two or three hours, but he never came back—that was the same day the case was at Marlborough Street—I saw him again, and said, "You promised me to come back in an hour's time"—he said, "Well, my dear friend, I cannot help it: a clerk from Mr. Wolmerhausen and another gentlemen came to my place and took me away by force. I must go to Marlborough Street. It is my fault I know, but I will try everything I can not to get much punishment to the prisoner"—this conversation was in Lawrence's presence, but we spoke in German andLawrence does not understand German—we offered him 30s. a week—he said he could not take it, and would give me an answer—he said, "If you could give so much for me and my wife I would leave off," and afterwards he said he would go back to his old shop again (Simpson's) if they would have him back—I saw him coming out from Marlborough Street, and he said to me, "You see I cannot help it, the two gentlemen are after me"—I wished to speak a few words to him, but one of the clerks took him by the arm and said, "Come on," and took him off in a cab.
WHELAN PLEADED GUILTY.— Three Months' Imprisonment.
MR. SERJEANT BALLANTINE offered no evidence against EDWARDS.
NEW COURT.—Friday, August 23rd. 1867.
Before Mr. Recorder.
MR. COLLINS conducted the Prosecution.
FREDERICK PEVERELL. I am coachman to Mr. Robert Howard, of Bruce Grove, Tottenham—on 10th July I received from the footman six post-letters to take to Forest Hill, Leytonstone, and placed them in the front seat in the carriage—on 11th July the postman brought me two of the letters I had placed in the carriage—I am sure one of them was the same as I had placed in the carriage the day before; I recognised the post mark—they were open—this (produced. is the one I recognise, it is the one that had a post-office order in it.
Cross, Tottenham—on Wednesday, 10th July, the prisoner brought I this post-office order there for 1l. 1s.—I asked her if her name was Rachel Howard; she said that her name was Elizabeth Howard, but the order was I payable to R. Howard—she then showed me this letter, signed "L. Squires;" it is directed to Rachel Howard, Bruce Grove—I asked her to I sign her name; she said that she could not, so I signed it, she then put her I mark, and I paid it, as she also said that her name was R. Howard.
Prisoner. He did not ask me if I could write—he said, "Is this I yours?" and I told an untruth, and said, "Yes"—he gave me a pen, and I dropped it and said, "What am I to do with this? "—he said, "Make a I mark."
RACHAEL HOWARD. I am the wife of Robert Howard, of Bruce Grove, Tottenham—on 10th July I was expecting a post-office order for 1l. 1s. from a lady named Squires, but never received it—this letter is directed to me; and is from Miss Sqilires—I never gave the prisoner any authority to get the money—I never saw her.
MICHAEL FARRELL (Policeman 26 Y). About seven o'clock on the evening of the 10th July I found the prisoner drunk in High Street, Tottenham, and locked her up—from information I received I asked her if she cashed an order—she said, "Yes"—I asked her if it was addressed to her—she said, "Yes," and that her name was Eliza Howard; that she was coming along a road, and sat down by two men who were eating bread and cheese; that a carriage passed and something dropped from it, and the men said that there was something which she was to read, and she found two letters and opened them, and one of them contained a post-office order for a guinea; and the men said, "You have as much right to it as any one," and they waited outside while she changed it, and they got stupidly drunk.
Prisoner.. did not see them drop out of the carriage; the men saw them.
The Prisoner's Statement before the Magistrate:."I meant to write to the lady, and repay the money."
The prisoner put in a written defence, stating that a carriage passed by, and the men said that two little books had dropped out of the carriage, and told her to pick them up, and she found two letters, which the men broke open, and said, "Here is a post-office order, it is directed to a female, you are hard up, go and get it;" that she at first objected, but they persuaded her to do so, after giving her some drink; that she would not have done it had she been sober; and that the men took the money from her. GUILTY.* Recommended to mercy by the Prosecutrix and Jury. — One Month's Imprisonment.
805. GEORGE PENNINGTON (21), Robbery with others on Henry Griffin, and stealing from his person one watch and part of a chain, his property. MR. STRAIGHT conducted the Prosecution, and MR. W. SLEIGH the Defence.
HENRY GRIFFIN. I live at 182, Strand, and am an engineer in the Royal Navy—on Saturday evening, the 29th June, I was in Chandos Street, going in the direction of King William Street—I had a bad foot, and was walking with a stick across the road from the fire-engine station—just as I stepped on to the pavement there were two or three men on the pavement—I endeavoured to pass between them—one or two backed up against me, and the prisoner, who was on my left, made a grasp at my
watch chain, and said, "Let us have this"—I grasped my pocket, but the watch was not there—at the same moment a man behind me put his arm round my neck and held me back—I thought it was useless to attempt resistance, and occupied myself with intently looking at the prisoner, with a view to his identification—the prisoner broke the chain with his hands, and they all ran off together—it was a silver hunting watch worth about 2l. 15s.—only part of the chain was taken—I ran after them, crying, "Stop thief!" and saw them run up Bedfordbury—I followed them, and at the bottom of Bedfordbtiry found a policeman—I told him of my loss, and he went up a court, up which the prisoner had been seen to run—I went to Bow Street station the same evening, and on the next Monday I was sent for to see some prisoners, but the prisoner was not among them—on the following Friday, 5th July, the prisoner was placed in a row of fourteen men and I picked him out of the lot—I have not the slightest doubt of him; I swear positively to him.
Cross-examined. Q. Have you ever seen your watch again? A. Never—I have said that I am not particularly good at remembering faces—when I spoke to the policeman I wanted him to chase them, but he did not—three or four men were running together—I had a bad foot, which caused me to limp, with my head looking towards the ground—my attention was not attracted to the men until I was close upon them—when the person held me behind I did not attempt to speak; he pulled my head back—it was as near eleven o'clock at night as possible.
MR. STRAIGHT. Q. Though he held your head back, was the prisoner in front of you? A. Yes, a little in front of me, and on my left side, taking my watch from me.
JOHN PERRY (Policeman 176 F). On the night of 5th July, in consequence of information I received from the prosecutor, I apprehended the prisoner, by his description, in Shelton Court, Bedfordbury—that is in the neighbourhood of King William Street—I told him he was charged on suspicion of stealing a watch on the night of 29th June in Chandos Street—he said that he knew nothing about it (I am not the constable whom Griffin spoke to on the night of the robbery)—I took the prisoner to Bow Street station, got twelve or fourteen other persons of his size and stamp as near as possible, and he was placed in the yard by Inspector Parker; Griffin came in and immediately picked him out and said, "This is the man that stole my watch"—the prisoner said, "I knew it," and walked away—he said that he could prove where he was on the night of the robbery.
Cross-examined. Q. Has not the prisoner charged first with stealing this watch on Friday, the 29th? A. told him he was charged with stealing a watch on the 29th—I was not told that it was Friday by the prosecutor—I never saw him, I took the description out of the felony-book—I found 3s. 10d. on the prisoner.
EDWIN CHAPPELL (Police Sergeant F. On Saturday, 29th June, I was on duty in the neighbourhood of Chandos Street—I got there about 10.15, and saw the prisoner at the bottom of Bedfordbury, where it runs into Chandos Street—I am quite sure he was there—there were three or four with him; in fact, I drove them away—it is a place which they usually frequent—I told them to move on.
Cross-examined. Q. Were you told to go up to the police-court and give your evidence on this matter? A. No, I was there when the charge was being heard—it was not until I heard a witness called to prove he was not there that I proved that I saw him there.
MR. STRAIGHT. Q. Did you go with the prosecutor after the person who had assaulted him? A. Yes, but unfortunately I went into the the wrong house—I went into the Shelton Court, there is a thoroughfare there, that is about fifty yards from where the robbery took place.
MR. SLEIGH. Q. Did not the prosecutor stop and speak to you about this matter? A. He told me he had been robbed—he and I did not walk up directly towards that court—I made inquiries in the neighbourhood first—I never said that I saw the prisoner go into a house—I said that I unfortunately went into the wrong house, because I knew where he lived.
JOHN DOUDELL (Policeman 173 F). On 29th June I was on duty in Seven Dials and the neighbourhood—about half-past ten o'clock I was in St. Andrew's Street, Seven Dials, and saw the prisoner and two or three others—he made a remark to me, and I am quite sure he was there on that evening—he was then going in the direction of where the robbery took place, about 200 yards from it.
Cross-examined. Q. Were you called to give your evidence, or did you happen to be in the police-court? A. When I heard he was in custody I went there.
Witnesses for the Defence.
CHARLES RADLEY. I am a greengrocer and coal-merchant, of 3 Crown Street, Soho—the prisoner has been in my employment until he was taken in custody—Saturday is a very busy night with us—on Saturday, 29th June, the prisoner was in my employment, he came at seven in the morning—he went home to his tea at five o'clock and came back, and was in the shop up to 12.30 at night, weighing coals for two boys to carry out—he was the principal person employed in weighing the coals—I was in the shop the whole time, standing behind the bins and taking the money for the taters.
Cross-examined. Q. Are you a relation of his? A. No—I am not his uncle by marriage—my shop is in the neighbourhood of Seven Dials—it would take ten minutes to go from my shop to Chandos Street, Covent Garden—the prisoner has been in my employ about seven months—he drove a horse and van for me, and drawled coals from the Great Northern Railway—I am in a large way of business—I take 150l. a week some weeks—mine is a large open shop—I employ extra hands on Saturdays—I had engaged other than my regular hands on this Saturday; there was myself, the prisoner, and two boys—the prisoner was the extra person—one boy was employed in weighing, and both in carrying them out—the prisoner was in the centre of the shop by himself—I and the other man attend to the vegetable department, and he attends to the coal department—my good lady assists me and she was doing so on this Saturday evening—I was very busy—theory were two examinations before the Magistrate—I attuned them both—I do not where the prisoner was on Friday, the 28th, at five o'clock in the afternoon, or what time I shut up shop on the Friday, but it is generally ten o'clock, and on Saturdays 12.30.
COURT. Q. Is it only on Saturdays that he works with you? A. He worked these last four Saturdays before he was taken, and I used to give him 8s.—I only employed him on Saturday since I sold my horse and van, and there fore I cannot tell where he was on Friday—he left my regular employment about a month before he was taken on this charge—I have a clock in my shop—I keep it wound up—on this Saturday the prisoner came back from his tea at 5.30—hers close to me, in Shelton Court—I gave him 8s. week for Saturday nigh and Sunday morning, and he boarded
himself—when he worked for me regularly ho had 7s. a week and his board, and slept in the house—as he takes the orders for coals he puts the money on a slate—I have no wife—I have a woman who assists me—she receives money—he hands the money to me or to her—she was in the shop on this occasion.
MR. SLEIGH. Q. Does he stand in the centre of the shop with the coals round him? A. Yes, there is no partition to prevent my seeing him—it is not from any distrust that I have turned him out of the house, but I could not employ him, because there is not the firing used in summer that there is in winter.
ALFRED CARR. I am assistant to Mr. Radley, one of the extra men—on Saturday, 29th June, I was at work in his shop from seven to half-past twelve—I was called in during the busy hours—during that time the prisoner was in the middle of the shop weighing out the coals for two boys to carry out—I was outside the shop, but could see him—he was right opposite me—I did not see him go out.
Cross-examined. Q. Are you in the habit of working for Mr. Radley? A. No, I have not worked for him since about four months ago up to that Saturday—I was an odd hand for that night, I was serving taters outside the shop with the scales—there were plenty of customers—I left work at 12.30—I did not look at the clock when I went away, but I should say it was about 12.30, because I had looked at the clock just before, and it was about 12.15—Mrs. Radley was there in the middle of the shop receiving money—I paid her money for potatoes—Mr. Radley was also outside—there is a board outside the shop showing a lot of potatoes, and another board in front of the shop—the boy's name is William Allen—I cannot remember whether the shop was swept out that night, I did not sweep it out before I went away—I went home to Langley Court—I am not working for greengrocers now, I have been doing whitewashing—I did not know the prisoner before, not to say know him—four months ago I was in Mr. Radley's employ, and he was in the employ then—I know him by being in the shop—I go about with a horse and van—I went about with him when I was required—I have known him about eight months.
COURT. Q. Were you before the Magistrate? A. Yes, I was examined—I did not know that the prisoner was taken till a week after he was taken—I went before the Magistrate when he was brought up—this was the only Saturday I had worked for Mr. Radley for some months—I know it was the 29th, because I wrote a letter to my brother ou the 28th—I have not got that letter—I know by the date I put on it that it was the 28th—it is an unusual thing for me to write a letter.
MARY ANN HONEYMAN. I live at 35, Great St. Andrew Street, and have been in the habit of dealing with Mr. Radley for coals for the last twelve months—the prisoner has been employed there pretty nearly all that time—I remember 29th June, because I was there for coals that evening, and because I was out with a person who was ill—the prisoner weighed me half a hundred weight of coals—I waited for the boy to come in to carry them—it was about eleven o'clock, I know that, because I went on an errand, and came back again, and I went a second time, because it was getting late.
Cross-examined. Q. Are you in the habit of getting your coals from Mr. Radley? A. Yes, I went to see a sick friend in the afternoon, that is the reason that impresses it upon my memory—I had been to see my sick friend the day before as well—I bought no coals on Friday—I live in
St. Andrew's Street, a good many streets off the shop—I dare say it would take me ten minutes to get there—I had tea at five o'clock, and afterwards went on some errands—I ordered the coals when I went out on the errands, and then went back to Mr. Radley's to see whether they had been sent in—there were not many people in the shop—I waited for the boy, they told me he was out, and I could not get the coals without him—I did not attend at the police-court—I went there the following Saturday to get some coals.
COURT. Q. The Saturday after the 29th? A. Yes, and I heard that the young man had been locked up—I am sure it was the Saturday after the 29th, the Saturday after I visited the friend who was ill—I heard that the prisoner was before a Magistrate, and am sure it was the next week—I did not go myself for coals again during the week, I sent a little girl—I may also have had coals in a fortnight afterwards, but I went on this Saturday myself—I did not go for them the week after, I sent for them.
WILLIAM ALLIEN. I am fourteen years old—I heard of this robbery—I took the coals to Mrs. Honeyman's—the prisoner was in the shop weighing out the coals—I know him from working in the shop—I was there that evening, going in and coming out with coals, which the prisoner gave to me.
Cross-examined. Q. At what time was it? A. Mrs. Honeyman was there from about five or ten minutes to eleven—I am still in Mr. Radley's employment—I know the lad Carr, he has been to see me since this—he has not been talking to me about this—he often comes and speaks to me—he is not in Mr. Radley's employ now—I do not know whether Mr. Radley is any relation to the prisoner—I haze heard the prisoner call him uncle—Mr. Radley has not been talking to me about this—he did not tell me to say that he had not been talking about it—he only told me to tell the truth—he did not talk to me at all about this—I gave evidence because I heard of it the next Friday night—Alfred Carr came and told me of it—he told me that George Pennington was taken in custody innocent, and I knew him to work every Saturday, weighing out coals for me and the other boy. for the last three weeks, and before that he had been at work altogether for Mr. Radley—I cannot remember how many Saturdays he has been at work altogether for Mr. Radley—on Saturday, 22nd June, he was weighing coals as usual, and also the Saturday before that—Mrs. Honeyman often has coals of us, and I often carry them for her—Mr. Radley has no wife, but there is a "lady" who assists in the shop—she is at home—she was in the shop on this Saturday—the other boy who assists is George Young, he is not here; he has left about two months now, and works in Greek Street—he was not at work with me on this Saturday—Mr. Radley had another boy on the 29th, ho lives in Dudley Street—he is not here—Carr and the prisoner were not very good friends—I hardly ever saw them walk about together—I saw them together in the shop—when I came in on the 29th Mrs. Honeyman was waiting for me, and I went off with her directly—she was in a hurry for her coals, and I took them—I was not in Court when she was giving her evidence, only when she gave her last answers—I have taken her coals often on Saturday.
Cross-examined. Q. Is it very often that you have heard the word "uncle "used by Pennington? A. No, only once.
COURT. Q. When was that? A. In the Friday after the robbery was committed—I did not hear it; they told me of it—I cannot say whether I heard him call him uncle once or twice—he did not generally do so.
MR. COOPER conducted the Prosecution.
EDWARD LEEN. I live at 7, Mary Square, Lower Whitecross Street—the deceased, Mary Leen, was my mother; she was aged fifty, and was a widow—she was in good health just before her death—the prisoner and her were good friends.
MARGARET LEEN. I am wife of last witness—between twelve and one last Sunday morn ing the deceased came home and went to bed—I can't say whether she was sober or not—about eight next morning I found her senseless—I sent for the prisoner; she came and looked at her, and said she thought she was dead—she told me to send for a doctor, which I did—she afterwards said she would tell me all about it, that there were some words between her and deceased about some boots, that there were some eggs on the table, and her husband threw four at her, one after the other, and she then took a jug off the table and threw it at the stove, and it struck deceased as she passed—she said she did not mean to hit her.
809. THOMAS WINCHESTER (18), to a burglary in the dwellinghouse of Samuel Lewis, and stealing two shirts and other articles.— Nine Months' Imprisonment. [Pleaded guilty: See original trial image.] And,
810. WILLIAM HENRY WARREN (24), to stealing two letters, one containing a ring, the property of her Majesty's Postmaster-General.— Seven Years' Penal Servitude. [Pleaded guilty: See original trial image.]
THIRD COURT.—Friday, August 23rd. 1867.
Before Robert Malcolm Kerr, Esq.
811. WILLIAM WATSON (30) and WILLIAM JOHNSON (21) , Stealing three sheep, the property of William Tyler, to which WATSON PLEADED GUILTY. MR. CUNNINGHAM conducted the Prosecution, and MR: M. WILLIAMS the Defence.
Cross-examined. Q. Do you produce the skins? A. No, they would not be fit for anybody to see—I identified them by some red-ochre marks—nobody could swear to a skin after it has been off a sheep a month this time of year—one was marked from the nose to the tail, two were marked round the neck, and one was marked "C. M." in pitch or tar.
JOHN MANDERS. (Policeman 85 N). I saw the two prisoners about a quarter-past one on the 14th July in front of Hackney Terrace—they had a horse and cart, but were standing still—Johnson was in the crescent, and Watson stood by the side of the cart—I went towards them, and when very close to them Watson jumped on to the cart and drove off as fast as he could—Johnson went across the crescent and jumped over on the other side—I lost sight of them, and then went back and found some sheep—I
saw the prisoners again about one o'clock on the following day—I hod to identify the men for sheep-stealing—I saw the sheep that were left in the crescent—I saw some sheep afterwards in a cart at the station—they were not the same sheep that were in the crescent—I did not know to whom the horse and cart belonged.
LEWIS CLEMENTS (Police Inspector N. From information I received on the 14th I went to some premises under one of the arches of the North London Railway—they are in the occupation of the two prisoners—they were not there tlie—I caused a watch to be placed on those premises, and about eleven o'clock the prisoners were taken into custody and brought to the station—I afterwards went back to the premises and found in the stable the carcases of three sheep—they were skinned and dressed, and ready to be taken away—the skins were found at Walthamstow the next morning—I also found on the premises a horse and light cart, and in a small room which had been used as a bedroom ten knives, two of which were covered with blood—the cart that brought the sheep away from the shed on the Saturday night was Mr. Tyler's.
JOHN GARDNER (Police Sergeant 9 N. From instructions I received I went to the premises mentioned by the last witness—about a quarter-past eleven on the Saturday night I saw the prisoners in the yeti—they went into the stable, came out, and locked the door—I said to Watson, "Are you master here? "—he said, "Yes; don't make a noise out here"—I went into the yard and said, "Give me the key of the stable; I want to look in your stable"—Watson said, "I left it in the lock, outside the gate"—I said, "I shall break open the door if you don't give me the key"—I said to both of them, "Have you anything in there, before I go in? "—Watson said, "I shall decline to answer any questions at present—I then broke open the door and found three sheep hanging in the stable—I asked whether they could give any account of the sheep—Watson said, "I shall decline to answer any further questions at present"—I asked Johnson, and he said, "No"—I then told them they would to charged with stealing Mr. Tyler's sheep, and I should take them into custody, and they said, "Very well"—I afterwards went to Mr. Tyler, and toe identified the carcases in my presence, and in the presence of other butchers, from certain marks that were on the inside of the skin—I noticed the marks on the skins that Mr. Tyler refers to—we compared the insides of the skins with the carcases, and I can positively swear that they corresponded—I found 8s. 1d. on Johnson, and two keys; one of the keys opened the stable door.
HENRY NIXON (Policeman 379 N. I was with Gardner when the prisoners were taken into custody—I saw a horse there, and the footprints of the shoe of that horse correspond with the marks round Mr. Tyler's field—I discovered in turning over the mould a quantity of putrid blood, sheeps' feet, wool, and such like things—the horse was shod with a particular shoe, called the feather-edge.
JOHNSON— NOT GUILTY. WATSON was further charged with having been before convicted, to which he PLEADED GUILTY..— Eight years' Penal Servitude.
MR. DOUGLAS conducted the Prosecution.
afternoon of the 30th July I was on Tower Hill, when the prisoner snatched my watch away—I caught hold of him, and held him until policeman came—I am sure he is the man—he gave the watch over to another man.
JOHN SIMMS. I lodge in the same house as the last witness—I was with him on Tower Hill—he was a few steps in advance of me—I saw his chain hanging down, and I heard him say, "My watch! my watch! "—I went to his assistance and took hold of the other man, but he tore himself away—I did not see the prisoner take the watch.
GUILTY.*— Twelve Months' Imprisonment.
MR. THORPE conducted the Prosecution, and MR. WARTON the Defence.
JOHN BISHOP. I live at 8, Lark Row, Cambridge Heath, and am a weaver—about ten minutes past five am. on the third instant I saw two men leap over the garden fence at the back of Mr. Sanderson's factory, about fourteen yards from it—they were going from the direction of the factory—they continued going over all the neighbours' gardens—I lost sight of one of thorn, but the other, who was the prisoner, I never lost sight of—he got on to the workhouse wall and ran along the canal bank—I did not follow him, but looked from my window the whole of the time—I lost sight of him when he went down the descent—when I said before the Magistrate I did not lose sight of him I meant until he went over the union wall—I next saw him at the station-house—there are three or four gardens between the factory and the union wall—I am positive the prisoner is the second man I saw on that morning—it was a clear light, and I had a full view of his face as he passed.
Cross-examined. Q. Do you work on these premises? A. Yes.
GEORGE WHITEHEAD. I live at 7, Lark Row, Cambridge Heath—I am a silk manufacturer, in the employment of Mr. William Sanderson—my house adjoins the factory, and there is a door communicating with the factory—at ten o'clock on the evening of the 2nd August I saw that door closed, and on the same afternoon I saw the silk which is the subject of this indictment on the looms in the factory—it was partly manufactured and worth about 70l.—I saw that silk on the morning of the 3rd, shortly after live o'clock in the passage leading from the factory to the garden—it was tied in a bag—no one had authority to remove it—I endeavoured to get from my house into the factory, but found the door fastened on the other side—I afterwards got into the factory by going round the garden to the back door, which ought to have been fastened, but which I found open—the bar of that door was barricading the door that led into my house—I then went over each floor, and found the doors all open and the various looms disturbed—another man fetched a policeman.
Cross-examined. Q. Where was the property that had been removed? A. In the middle of the passage, about six or seven yards from the door that led into the open air—a man named Nash gave the police inspector a piece of beading at the second examination before the Magistrate—only myself sleep on the premises—the workpeople come about five o'clock.
THOMAS HONEY (Police Inspector K. I examined Mr. Sanderson's premises on the 3rd August, about five in the afternoon—I found that an entry had been made by a window on the ground floor that opened to the garden—it is about five feet three inches from the ground—it is a window
that slides forward, and there are nine iron bars across—there were marks of hands on the bars and on the ledge—there were also marks underneath on the brickwork, apparently as if fresh done.
COURT. Q. What was the width of the bars? A. 1/2 by 14 1/2—they bad not been forced back.
Cross-examined. Q. You went a second time before the Magistrate on the 10th? A. Yes—it was then I first mentioned about the beading of the window—one of the workmen pointed it out to me—that is one reason why I thought there was a breaking in.
GEORGE MAYBURY. I live at 2, North Street, Cambridge Heath, and am an awl maker—I work at 15, Lark Row—about five a.m. on the 3rd a man, not the prisoner, came into our yard—I followed him to the gate, and then he said, "Did you see a man come out here? "—I said, "No"—a few minutes afterwards I saw a man running along the wall of the union—he ran to the end of the wall, and then got from one wall to the other, where I lost sight of him—I next saw him at the Victoria Park Gates—I was then in the company of the police constable—when he saw us he ran away, and the constable caught him in the Old Ford Road—the prisoner is the man—I am certain of that.
HENRY GRAHAM (Policeman 100 K). I, in company with Inspector Honey, examined Mr. Sanderson's premises—I examined the fences leading from the premises to the wall of the workhouse—I traced footsteps from the garden at the back of the premises, a few yards from the factory—they were leading from the factory—I traced them to the union wall, where I found a piece of brickwork knocked off—the wall of the union is about eighteen inches wide—there were marks of a person having got off the wall—I did not count the footsteps—I think I saw half a dozen at least.
The. COURT. considered there was not sufficient evidence.
HENRY BOATWRIGHT. I live at 10, St. James's Street, Clcrkenwell, and am a furrier—about a quarter-past one a.m. on the 13th August I was standing with four friends in Bath Street—I saw the prisoner with five or six others come across the road—he struck me violently in the mouth, and snatched at my watch and chain—he ran away, and one of my friends ran after him and caught him—he kept him until a policeman came, and the I locked him up—this is the waistcoat I wore (produced.—it was torn in getting my watch away.
Cross-examined. Q. Were you sober? A. Yes—I had had a drop of cold gin and water—I had not had more than two—I had been to the Jolly Anglers, in Bath Street—I charged the prisoner with assaulting me—I first mentioned the robbery next morning—I did not charge the prisoner at the police-station that night—it was quite an oversight—I was so pleased that I had got him in custody—I am certain he is the man that struck me—he did not get my watch aud chain—I still have it in my pocket.
THOMAS PORTER. I live at 48, Swinton Street, St. Pancras, and am a furrier—I was with last witness—I saw the prisoner acting as the head or captain of a gang—I did not see him until within two yards of us; they came right into us, as if they would knock the whole lot of us down, at once—I saw the prisoner strike the prosecutor and knock him down against the palings—I did not see him snatch at his watch—we found there were
a lot of them, and we waited for our man—we had a tremendous fight—the prisoner ran away, and I went after him—he fell, and I on the top of him.
Cross-examined. Q. Where had you been spending the evening? A. met Mr. Boatwright and some friends at the Jolly Anglers at ten o'clock—we left there about five minutes before one—we had a little presentation business to do there that night—I had a little to drink—I am in the habit of taking a little "cooper" occasionally, but I was as sober then as I am now—I was standing in the bar the whole of the evening.
COURT. Q. Were you wearing a gold chain too? A. No, I wear a silver one—they did not attempt to take mine.
JAMES NICHOLS. I live at 16, Galway Street, St. Luke's—about a quarter-past one a.m. on the 13th August I was standing at the corner of Bath Street with the last witness—I saw the prisoner and several others cross the road—I said, "Gentlemen, look out for your pockets"—he pushed in amongst us and struck Mr. Boatwright—one of them left his hat behind—they ran away, and we after them—I did not see the prisoner snatch at his watch.
MR. BRICKWOOD conducted the Prosecution.
GEORGE PETRIE SMITH. I live at No. 12, Great Bath Street, and am an engraver—on the morning of the 16th July I was awoke by a ring at my bell—I went to the door and found a policeman there, and the prisoner in his custody—the policeman had some gas-tubing which was my property, in his hand—I had locked up the house the night before, and the gastubing was then in the kitchen—I went over the house with the constable and found it in a state of disorder—there was a large bundle just tied up and ready to be carried away, on the window-sill.
ANN CLARK. I am the wife of James Clark, who lives at 13, Little Warner Street—at half-past three a.m. on the 16th July I was going down Bath Street, when I saw the prisoner getting over the area railings of Mr. Smith's house—I went and told a policeman.
JAMES KILBY (Policeman 31 G. On the morning of the 16th July I was on duty in Little Warner Street—the witness Clark made a communication to me; I looked up the street and saw the prisoner standing outside the house—I pursued him, and caught him in the Farringdon Road—I asked him what he was doing down that area, but he could not understand me—I found this gas tubing in his pocket (produced.
The Prisoner's Statement before the Magistrate:.—"This morning, aboni half-past three, I was passing along the street; I saw a man come out of that area. When he saw me he ran away; then I thought there was something the matter, and I went outside to see. When I crossed a little way down I picked up the piping and hat. I never entered the house at all."
GUILTY.— Twelve Months' Imprisonment.
Before Robert Malcolm Kerr, Esq.
ISABELLA MARTIN. I am barmaid to my father, Joseph Martin, of the Ordnance Arms, Plaistow—on the night of the 30th of July the prisoner came for half a pint of fourpenny ale and gave me a bad shilling—I showed it to my father and then gave it back to the prisoner—he gave me another and I gave him the change.
JOSEPH MARTIN. I am the father of the last witness; on the 30th July she gave me a bad shilling, I gave it back to her, and saw the prisoner go away—as he walked up the road I saw another person join him.
WILLIAMS HAINKS. I live at 36, Wellington Place, Plaistow—on the night of the 30th July I saw the prisoner and another man in the Barking Road—I followed them, gave information to the police, and the prisoner was arrested—after he was in custody I saw him throw a parcel away, which Wills picked up.
FRANCIS WILLS (Policeman 82 K). On the 30th July, in consequence of information, I took the prisoner in the Barking Road and told him I should charge him with attempting to pass bad money—he said, "I have no bad money on me"—on the way to the station he threw away a paper containing these nine shillings.
Prisoner's Defence.. went for a walk with another lad, who gave me two shillings and sent me into a public-house. I found they were bad. He saw a policeman coming and gave me nine shillings, saying, "This will get you some food," and the policeman took hold of me.
MR. BESLEY conducted the Prosecution.
HENRY HALFHEAD. I am a farmer at Walthamstow—on the night of the 1st August when I retired to rest the windows of my house were closed—the back door was bolted and secure—about two in the morning my bell rang—I went down and found the prisoner there—he was dressed in the uniform of the Metropolitan police—he said that somebody had entered my house—the window of the scullery was open, and the back door was wide open—a person could get in at the scullery window—I examined the house and missed several things, amongst them a pin and a waistcoat that were safe the night before—I next saw them at the station on the Sunday morning in the possession of a constable.
JOSIAH FARROW (Policeman 432 N). On the 11th August I took the prisoner into custody—I told him he was wanted at the station—he went there—the inspector searched his box and found these articles (produced. with other property—the box was locked and the prisoner gave me the key.
JOHN TURNER (Policeman 42 N). I was present when the charge of stealing the pin and waistcoat belonging to Mr. Half head was made—the prisoner denied taking them—on the night of 1st August he was on duty at Chapel End, Walthamstow, where Mr. Half head's house is—it would be
part of his duty to work into Mr. Half head's farm-yard, but not round his house.
Prisoner's Defence.. found these things about 300 yards from the station, about half-past one. I put them into a field, where I detained them until Monday, and then I took them to the station.
GUILTY of receiving.
MR. BESLEY conducted the Prosecution.
GEORGE GREENWOOD. I am a boot maker at Walthamstow—on Sunday night, the 4th August, I had a gold watch and chain, and before I went to bed I saw it on the front parlour table at ten o'clock—I closed the front door, but left the key outside—it is a slip-lock inside—I am certain I fastened the door, because I got hold of the handle and pulled it—when I went down in the morning my watch and chain was gone and the door open—it was then I discovered I had left the key outside—it was still in the lock—these articles (produced. are my property.
ROBERT TYLER. I am assistant to Mr. William Smith, pawnbroker, of 1, Upper Street, Islington—I received this watch and chain in pledge from the prisoner on Friday, the 9th August—he was in the uniform of the Metropolitan police, and I advanced him 2l. upon them.
Prisoner's Defence.. found the watch and chain with the other things. I did not like to give up, and that induced me to make off with it.
GUILTY.— Seven Years' Penal Servitude.
Before Robert Malcolm Kerr, Esq.
MR. COLERIDGE conducted the Prosecution, and MR. SLEIGH the Defence.
ANN WEST. I live at 8, Grove Yard Rails, Woolwich—on 24th July the prisoner passed my house with a female about twelve o'clock—he returned shortly afterwards and said, "Are you going in doors? "—I said, "What for? "—he said, "I will give you something to drink"—he put his hand in his pocket and said, "There is a bran few shilling for you"—I said, "Somebody is taking you in, this is bad," and I put it in my mouth and bent it—he said, "I have plenty more money," and gave me six shillings more, saying, "I shall expect to stop all night for that"—I said, "They are all bad; you must be a rogue to give me money like this"—he said that he had changed a sovereign in Beresford Street, and asked me to give them back—I said. "No"—he said that he should give me in charge for robbing him—I said that I should give him in charge, I stopped the police, and gave the money to the bombardier—this is the first shilling he gave me—I know it because I bent it.
Cross-examined. Q. In what state was the prisoner? A. He had had a drop of drink, and was considerably the worse for liquor—when I told him the shilling was bad he said, "I have got a lot more money here," and pulled to it the others, and I tried them in his presence—when I said I would give him in charge he walked down the street and I behind him—he
spoke to the bombardier before I got up to him, but I was just behind him, and I told the bombardier.
JOHN MCGRANARY. I am a bombardier in the Artillery quarters at Woolwich—on 24th July I was on duty and met the prisoner at Rope Yard Rails about a quarter to twelve o'clock—he was not going towards the barracks—when he saw me coming he stood with his back against the wall—I walked up and asked him if he was on leave—he said he was—I told him to show it to me—he said that he was on leave for seven days, and had lost it—West came up and said, "See what he has been giving to me," and produced one shilling first and then six shillings—I asked him how he accounted for it—he said he had changed a sovereign in Powis Street—that is 150 yards from Beresford Street—I asked him to show me the place—he said that it was no use, he could not find it—I only found a halfpenny on him—on the way to the barracks he said that he lived in Cambridge Cottages—all soldiers who live there have a cottage of their own—I left him with a picket outside, went in, spoke to his wife, searched, and found a spoon and a piece of metal, answering to the description of this money, a little powder, a small bottle, the contents of which I do not know, several pieces of old rag, a piece of glass stained with powder, and a piece of zinc—they were on a top shelf, covered with some clothes—the prisoner said that he knew nothing of the spoon or the zinc—I took him to the guard-room, left him there all night, and next morning went to the Royal Artillery canteen, and received a bad shilling, which I gave to the constable.
Cross-examined. Q. Is he in your brigade? A. No—he has been in my regiment twelve years, and bears a good conduct mark—I believe he had been drinking—he leant against the wall, but he could stand very well—he was not trying to run away.
THOMAS POPE. I am a corporal of the Royal Artillery, employed at the Woolwich canteen—I did not know the prisoner before 18th July, when he came there about nine in the evening for half an ounce of tobacco, and gave me a bad shilling—I asked him if he knew it was bad—he said, "No"—I asked him where he got it, he said, "From the pay-sergeant"—I told him he would have to wait and see the manager of the canteen, and while I was going round the counter he disappeared—I marked the shilling and gave it to the constable.
Cross-examined. Q. Did you ever see him again till he was in custody? A. No—from twenty to thirty people were in the bar—I went to the guard-room, knowing who I was going to see, but I did not know his name—only the sergeant in charge and the bombardier who brought the prisoner were there—they said that they had the man who passed the bad coin, and took me to look at him.
MR. COLERIDGE. Q. Have you any doubt the prisoner is the person who passed it? A. Not the least—he was there about three minutes—I cannot be mistaken.
WILLIAMS WEBSTER. Here are eight shillings, and a bent one, which is marked; they are bad and from the same mould and unfinished—these six shillings are bad and from the same mould as the first two—this is a Britannia metal spoon, and this is tin for the purpose of making coin—this spoon has been used for the purpose of melting metal—this bottle contains sulphuric acid to charge the battery—this piece of glass is used to make moulds upon—the
shillings are not cleaned off, part of the get remains; they are in the rough state as they came out of the mould, except that the get is broken off.
GUILTY. Recommended to mercy by the Jury on account of his character. — Twelve Months' Imprisonment.
Before Mr. Recorder.
MR. WOOD conducted the Prosecution.
JOHN SWINDLE (Policeman 252 P. About half-past two o'clock on the morning of the 13th I was at Peckham—I saw the prisoner and another man on a piece of waste ground by the side of Crabtree Shot Road, and asked what they were doing there—they did not give me an answer—I searched the prisoner and found a pair of drawers and a pair of stockings—I took him in charge on account of his having these in his possession—afterwards I went back and made inquiries at the prosecutor's house, close to which I first saw them—the prosecutor came to the door and told me something—she afterwards went to the station and identified the things.
JANE DAY. I am the wife of Joseph Day, 4, Daniel Street, Peckham—I had various articles hanging out to dry on the night of the 12th—on the morning of the 13th I found the washhouse door open and the property in the garden gone, except two pinafores—those stockings are mine I know them because I repaired them—they were still wet when—I saw them.
Prisoner's Defence.. had been to Sittingbourne, and was returning home through Peckham, when I saw two men leaning against a house near this piece of waste ground, who asked me for a match. I afterwards saw the stockings in the road and picked them up.
GUILTY.— Twelve Months' Imprisonment.
MR. HORRY conducted the Prosecution.
JAMES SULLIVAN. I live at Heath Cottages, Woolwich—on Sunday evening, 4th August, I saw the prisoner in a beershop—I had known him before—I called for a pint of beer and paid for it, and I asked him to have some—I then asked him to come home and have some supper—he had an opportunity of seeing my purse when I was paying for the beer—I went home to my lodging with him—my landlord saw him, we went up into my room and locked the door—my purse was then in my waistcoat pocket—I then went to bed and the prisoner slept by my side—when I woke tip he was not there—my trousers were turned inside out and my money was gone—he left my purse with some tin tickets in it—I afterwards saw him again and said, "You have stolen some of my money"—he said, "Here is the money, you can have that"—I gave him into custody—he wanted to say that I was drunk.
Prisoner. Q. Did not you say on the Monday morning that I had stolen your hat and 2 1.15s.? A. That was not my hat—I found it afterwards in my room.
COURT. Q. Had you anything to do with the Woolwich stores? A. No—I never had any tickets like these.
JAMES PARRATT. I am the landlord of the last witness—on Sunday, the 4th August, he brought the prisoner home with him and they went upstairs—about twenty minutes to six I was called up by the prosecutor—from information I received from him I went to the police-station—there was a man and woman in the house sleeping downstairs at the time—I did not hear anyone go out.
Prisoner. Q. Has the prosecutor the worse for liquor? A. He had been drinking—he said you were a friend of his who was hard up—he asked my consent to your sleeping there, and I agreed to do it—he thanked me, and I gave him a light—he could find his way about.
SAMUEL ARSCOTT (144 Dockyard Police. On Monday morning I was called to the prosecutor's house, and he gave the prisoner into custody for robbing him of 3l. 15s. in his bed—the prisoner said he knew nothing about it—I searched him at the police-station and found 4s. 4d. in money and some provision tickets—that is one of them (produced.
The prisoner in his defence stated that he knew nothing about it, and that the prosecutor was drunk and behaved improperly to him, and that was why he left his company.
GUILTY.— Twelve Months Imprisonment.
MR. WRIGHT conducted the Prosecution.
JOHN PEARCE. I am assistant to Mr. John Stone, of 75, Plumstead Road—on Saturday, 3rd August, I put a piece of holland in the shop door—it was about forty yards and was worth 20s.—I missed it on Monday morning—I saw it about twelve o'clock an Saturday—this ticket (produced. was on the holland—I pinned it on—it is the property of Mr. Stone—the prisoner had no authority to remove it.
JAMES WILLIAM CROUGH (Detective Officer. On Saturday, the 3rd August, I saw the prisoner about 150 yards from the railway station at Plumstead; that is eight miles from Mr. Stone's shop—he was carrying a black bag—I ran across the road and laid hold of him, and asked what he had there—he made no reply—I opened the bag and found this holland (produced.—he said some man had given it to him—when I caught him he put his hand in his pocket—I opened his hand and found the ticket produced.
Prisoner's Defence.. met a man who asked me to carry this, and gave me the holland. When I was stopped this man was behind me.
GUILTY. He further PLEADED GUILTY to having been before convicted,— Seven Years' Penal Servitude.
825. WILLIAM WHEAT-LEY (26) and ROBERT STAPLES (16) , to stealing two pounds of sweatmeats of Thomas Keyser. WHEATLEY, having been before convicted— Eight Years' Penal Servitude; STAPLES— Judgment respited. [Pleaded guilty: See original trial image.]
MR. PETER conducted the Prosecution, and MR. WRIGHT the Defence.
The prisoner on being called upon to plead stated that he had not heard a word for twelve months: the Jury were thereupon sworn to try whether he was
able to plead, and, upon the evidence of Charles Willoughby, policeman 208 R, and William Ross, a warder of Newgate, they found that he was able to plead, and the COURT ordered a plea of NOT GUILTY to be entered.
WILLIAM LOVERING. I am a furnaceman, and live at 14, Wellington Street, Greenwich—on Saturday night, 27th July, about ten o'clock, I was in Trafalgar Road with my wife, going home—I had four two-shilling pieces in my right hand—the prisoner touched me on the shoulder and asked if I wanted any tobacco—I said no, and walked on—he walked by my side about 150 yards—he said he had several canisters of tobacco to sell—I said I did not require any—he then made a dead stop and said, "Here is a ring I can sell you cheap, it is worth 20l. and I can sell it to you for 4l."—I said I did not want it—he said, "Here, look at it"—he placed it in my right hand, snatched the four two-shilling pieces, and ran away—I and my wife ran after him, but lost sight of him—in about a quarter of an hour I saw him again in company with another iu Bear Lane, about 200 yards from where I had seen him—he saw me and ran away down East Lane towards the waterside—I ran after him and came up to him, and asked him for my money—he said he had spent the b—money, and took several oaths that if we followed him he would chuck us overboard—this is the ring he put into my hand—I am sure he is the man.
Cross-examined. Q. Did this take place in a public road? A. It was in the main road where he first spoke to me, it was Saturday night, there were a good many people about—it was quite light—he was five or six minutes speaking to me—he seemed sober—I don't speak to him by anything particular—he has on the same coloured shirt.
Cross-examined. Q. How do you identify him; by his coloured shirt? A. Yes, and by not having any waistcoat on—I know his face as well—he looked sober—he ran pretty well—he threatened to throw me and the kid I carried a baby) and my husband overboard.
CHARLES WILLOUGHBT (Policeman 208 R). When I took the prisoner into custody he appeared to be very hard of hearing, but when any one sympathised with him he appeared to hear as well as myself—I took from him these two rings, a set of studs, a pin, and four florins—the rings are the same description as the one produced.
Cross-examined. Q. It was quite light when you took him, was it not? A. Yes, it was about thirty yards from a lamp, but the glare of light from the Trafalgar reflected upon him—he was standing in the main thoroughfare—he was quite sober.
GUILTY.— Nine Months' Imprisonment.
Seven Years' each in Penal Servitude.
MR. WHITE conducted the Prosecution.
HUGH HUGHES. On the 8th July I lived in Fonthill Road, Forest Hill—I was taking care of a house—the furniture was partly mine, and partly belonged to the owners of the property—on the night of the 8th July I
was sleeping down stairs—I heard some unusual noise in the house—I got out of bed and partly dressed myself—I walked into the passage—it was dark, but I could see somebody come out of the room—I seized the prisoner and asked who he was—he said he had come there to sleep—we had a straggle in the passage—I took him out, and after walking half a mile gave him in charge—just then the prisoner dropped a bar, which the policeman picked up—I returned to Fonthill Lodge and found that the entry had been effected by taking a square of glass out—I saw the place was properly fastened before I went to bed.
Prisoner. Q. Didn't you strike me with a stick with a knob on it? A. No—you did not fall down.
GEORGE WOODHOUSE (Policeman 181 P). Between twelve and one o'clock on the night of the 8th July I was on duty in High Street, Forest Hill—I saw the last witness there with the prisoner; he said prisoner had been breaking into his house, and he wished to give him in charge—I asked the prisoner what he had about him and he dropped a chisel—I asked him what the chisel was for—he said he used it in his business and made it generally useful—I searched him and found a knife with some putty on it—I afterwards went to the lodge and found prisoner's hat, which he identified—I examined the window; it was open—it was also broken.
Prisoner. Q. Has there any fastening on the window? A. Yes.
Prisoner's Defence.. had been drinking during the day, and had been lying on the grass, and, thinking the house in question was the public-house, I went and knocked at the door; I hardly knew what I was doing. The man came out and struck me with a stick, and afterwards gave me in charge. I can hold a good situation at sea, and had no wish to turn burglar.
The prisoners received good characters.— Judgment respited.
MR. STRAIGHT conducted the Prosecution.
SARAH DAVIS. I am in the employ of Mr. Henry Mason, of the Grove, Sydenham—on Friday, 2nd August, I left my bedroom window open in the morning—between twelve and one o'clock I had occasion to go to the bedroom on the back of the first floor—I was occupied some little time in dusting it—as I was going out I noticed the box move which had been under the bed—it contained a victorine and a muff, and a packet of camphor—I stooped to put the box back, when I saw something under the bed—I looked a second time, and, seeing it was a man, I locked the door on the outside and took the key out—I ran down stairs and sent for a policeman, who unlocked the door—prisoner was then sitting comfortably in a chair—I did not say anything to him, but the policeman asked him what he was doing there—the prisoner said the house belonged to him—I cannot remember anything else said—prisoner was then taken to the station—I had other things in the room—I examined the window; there was a mark on the window-ledge—the value of my muff was 14s.
Prisoner. Q. How did the box and muff come at the police-station? A. The policeman took it there—the box was opened in my presence at
the station—the policeman did nothing with the box except take it away.
EDWARD TUCKER (Policeman 100 P). I went to Mr. Mason's house and went with Davis upstairs and unlocked the bedroom door—the prisoner was sitting in a chair—I asked him what he was doing there—his reply was, "This is my house; I live here "—he was then given in charge—I took him to the station—I came back afterwards for the box—it contained a muff, victorine, and a small packet of camphor—I searched the prisoner and found some camphor in his pocket—he would not speak when at the station till he found he was charged with stealing the box, when he said if he had moved the box it was by accident to get under the bed—the box was near the bed—I found some marks on the outside of the house—the window was open—I did not notice the window-sill and the flower-pots.
The prisoner put in a written defence, stating that he certainly entered the house for the purpose of robbery, but that he had no time to commit it, and the box, if moved by him at all, was moved accidentally.
MR. STRAIGHT conducted the Prosecution, and MR. OPPENHEIM the Defence.
WILLIAM STOCK. I am a watchman of vessels, and live at 36, Union Street, Woolwich—on Thursday night, the 11th July, I was on the look-out—I heard a noise, and went in the direction of it, towards the flagstaff, and saw a boat shoving off towards the shore about twenty-five yards from the flagstaff—when he got out into the river he pulled alongside a barge, and remained there about five minutes—I came down close to the shore—he went aboard the barge, and remained there about five minutes—just then I saw the sergeant and another constable, and called their attention to it—the barge lay alongside the pier—he came ashore about thirty yards above the pier—there were no other rowing boats about.
Cross-examined. Q. Were the flags attached to the flagstaff by ropes? A. Yes—the union-jack was up—when the prisoner was given in charge I examined and found the ropes had been cut—it was about a quarter-past eleven when I examined the ropes—I could not have been able to see the boat if it had gone to the other side of the river—I swear there was not another boat in the locality, except a barge sailing down the river—I followed the boat about twelve minutes—I know there was no other boat attached to the barge, because I could see both sides of the barge.
THOMAS JONES (Police Sergeant 25 K). On the 11th July I was on duty, at about half-past eleven, near the pier at North Woolwich—I saw some one in a boat go to a barge which was about a hundred yards from the pier—there was no other boat about—about six minutes afterwards the last witness came up—I had no suspicion—I was on duty at the time—I saw the boat coming from the barge—I waited till the prisoner came ashore, when I and another constable asked him if he had any one, aboard his barge—he took me to the barge in his little boat—I sent the constable on board the barge, and told him to search while I remained in the boat with the prisoner—when the constable brought the flags from the
barge prisoner said some persons had come down the river in a little boat and put it there—I did not charge him then, because we were on the water, but as soon as we came ashore I charged him with it, and he said, "Very well"—there was no one else on the barge—it was a very fine night—about half an hour before I saw the prisoner going down the river, but I had no suspicion.
Cross-examined. Q. When you first saw the boat could you see a man in it? A. could—I did not see the man get into the barge—the man consented to take me to the barge.
FRANCIS COLLIER (Policeman 98 K). On this evening I went with Sergeant Jones and the prisoner to the barge—I left them in the boat, and went and searched the barge, and found the flag now produced in the nose of the barge—by the nose I mean the forward part—that was below—I took it to the sergeant—prisoner said some one must have put it there who had no business to do so.
THOMAS EAGLES. I am manager to Mr. Loisont—the flag produced is his property—its value is about 6l. 10s.—on Thursday, July llth, I saw it safe about six o'clock in the evening—there was a Belgian flag hauled up also—that was not taken.
The Prisoner's Statement before the Magistrate:."I shall say nothing here."
Witness for the Defence.
RICHARD HERMITAGE. I am a coalheaver at her Majesty's Dockyard at Woolwich—I know the prisoner—on Thursday, llth July, we were out till a quarter-past eleven at night—I was in company with him from eight till eleven o'clock, when we were turned out of the Garibaldi beershop—I lent him a boat to go home—he lives at North Woolwich—he started from Nile Street, and I lost sight of him there.
Cross-examined. Q. Had you been drinking all this evening? A. Very little—sometimes I carry a watch—I did not carry one on that night—I looked at the clock before I left—North Woolwich is about half a mile from the pier.
COURT. Q. Has the direction that you saw him going in towards the flagstaff or away from it? A. He would have to go north-west to go the flagstaff; it would be against tide, and would take him half an hour.
The prisoner received a good character.
MR. COOPER conducted the Prosecution and MR. HARRIS the Defence.
CHARLOTTE MANTLE. I live at 10, Minerva Terrace, Brixton—on Saturday, 3rd July, I, with my aunt and two other young ladies, took four ponies from Blackheath to go to Shooter's Hill—the prisoner accompanied us on foot as driver—on the road we stopped at an inn and had some lemonade, and the prisoner held the head of my horse—I had in my pocket at the time my aunt's purse, a bunch of keys, a sixpence, a penny, and two pears, and a pair of gloves—when we left the house the prisoner put my dress straight—my pocket was on the right-hand side—we then began to descend the hill—the prisoner was behind—when we passed Herbert's Hospital I saw two or three soldiers—when we got to the stand my aunt asked me for her purse to pay for the ponies—I felt in my pocket, and it was gone—I do not exactly know what there was in the purse, but
I know there were two sovereigns—I am quite sure my pocket was all right when I paid for the refreshment—when I missed the purse my pocket was cut, but my frock was not (pocket produced.—I could not have torn it like that.
Cross-examined. Q. Has there a boy behind each pony? A. only saw about two other people riding ponies—the public-house we stopped at is at the top of Shooter's Hill—my aunt and two other ladies were in front, and the prisoner was behind me.
JOHN WEBSTER. I am a private in the Army Hospital Corps—on 3rd August I was going along Shooter's Hill Road, and when near Herbert's Hospital four ladies on ponies passed me—one of them was ahead, and three almost together—the prisoner was behind, and I saw him stoop and pick up a leather pocket-book that I saw drop from one of the ladies—I heard money in it—he looked at me and laughed, and then ran on and overtook the horses—I went and reported it to the corporal on duty at the Herbert Hospital.
Cross-examined. Q. How far were you from the purse? A. Ten or fifteen yards—I did not see the prisoner go up to the ladies and give them anything.
JOHN HAWKER. I was corporal of the military police, and was on duty at the gate of the Herbert Hospital—about six o'clock in the evening my attention was called by a lady crying, "Stop this horse! "—I saw a bunch of keys drop from one of the ladies—I saw the prisoner pick them up—he also had in his hand a little brown book, which he put in his lefthand pocket—the last witness came up and made a communication to me.
GUILTY.— Three Months' Imprisonment.
MR. CUNNINGHAM conducted the Prosecution.
ELLEN SHUTTLEWORTH. I live at 4, Cannon Row, Woolwich, and am a prostitute—between nine and ten in the morning of the 19th of last month I was in bed, and the prisoner came and burst the door open—he asked me to lend him a brush—I told him I had not got one, and he took up my purse, which was on the pillow, and ran away with it—I ran down stairs to the front door, but could not see him—I returned, and put on my things and then went after him—I met a constable, and in consequence of what I told him I went to the barracks—I had just counted my money before the prisoner took the purse, and there was 1l. 8s. 3d. and three pawn-tickets in it—I knew the prisoner by sight, but he was not lodging in that house—he was stopping in the same street with a girl.
ELIZABETH SIMMONS. I live in the same house as the last witness—I saw the prisoner there on the morning of the 19th July—the prosecutrix made a communication to me—I saw the prisoner run through the Crown Masons' Arms as fast as he could.
ROBERT MINEN. I am potman at the Crown Masons' Arms—the prisoner came in there on the morning of the 19th July, and about eight or nine minutes after the prosecutrix came running in, and asked which way the soldier went.
station for stealing a purse—he denied all about the purse, but acknowledged being at the prosecutrix's house.
COURT. Q. When had you information about this? A. On Monday—another constable heard about it on the 19th, but he is not here—the prisoner was on leave at the time.
The prisoner called the sergeant-major of his regiment as to his character, but he gave him a very bad one.
GUILTY.— Nine Months' Imprisonment.
Before Robert Malcolm Kerr, Esq.
MR. POLAND conducted the Prosecution.
JOHN LAWRENCE. I am gardener to Mr. Brown, of Conduit Lodge, Blackheath Park—on Saturday night, the 13th July, about ten o'clock, I saw some ducks and chickens safe on my master's premises—I shut them in the coop, five in one lot and eight in the other—the chickens were three weeks and five days old—on the following morning I missed four out of the lot of five, and also four ducklings—a policeman came to me on the Monday morning and showed me four chickens, which I identified—I could positively swear to them—one of them had five claws on one foot and four on the other—I have not seen the ducklings since—the chickens were in Jackman's yard—I took them away—Jackman told me they were seven weeks old, and that he had bred them.
WILLIAMS LAWS (Policeman 67 R). On Sunday morning, the 14th July, about 6.30, I saw Coston with a boy named Woodley—from what took place then I took him into custody for being concerned with Woodley in stealing chickens—I took him to the station, and he told me if I went to Alfred Jackman's house I should find some chickens and ducks that were stolen—I took the last witness and three other gardeners to the place, and found a quantity of young chickens and ducks, and out of them he identified four chickens—Jackman lives with his father—there was no appearance of any hen—I did not see Jackrman until after the gardener had taken the chickens away, but on that night I was crossing the Heath just at the corner of the Park, and I met Jackman and Coston—Jackman said, "I am going over after those chickens that were taken away from my place"—I went with them, and when we got to the house Jackman said the four chickens were his property, and that he had hatched them—I showed them to Lawrence, Jane Thomas, and to Mrs. Lawrence, and they picked them out—they were mixed with other chickens—Coston told me that he and Jackman had been out several nights together, and that they had taken chickens from different places and sold them, and that Jackman and the others had not given him his share of the money.
COURT. Q. Did you tell Coston that what he said would be given in evidence against him? A. No. ANN LAWRENCE. I am the wife of John Lawrence, gardener to Mr. Brown—I saw the four chickens—I am able to say that they were Mr. Brown's property.
Witness for Jackman.
MRS. GUILLAUME. I have known Jackman nine or ten years—his general character is very good—I saw these chickens in Jackman's house a month before Mr. Brown lost any—I saw seven in a bushel basket before the fire.
Cross-examined. Q. How came you to count the chickens? A. Mrs. Jackman showed them to me—they were very young—I saw no
ducks and no hen, and no coop—they keep chickens, hens and ducks—the chickens were two or three days old when I first saw them—I said to Mrs. Jackman, "I do not think you will bring those chickens up without a mother," and she said, "Oh! yes, I have done so before."
THOMAS FIELD. I am a gardener in the service of John Harvey Eugene, of Biackheath Park—about 7.30 on the morning of the 11th July I missed eleven chickens from the coop—they were safe at half-past eight on Wednesday night—on the following morning constable Laws showed me two chickens, and I am able to say that they are two of the eleven that were missing—I put them to the hen and they took to her.
WILLIAM LAWS (Policeman 67 R). About 6.30 a.m. on Sunday, the 4th July, I was coming up May's Hill, Greenwich—I saw Coston and Woodley together—just as they were passing I heard some chickens squeak—Woodley ran away and I after him—he threw two chickens over a wall and got away—I secured Coston and the two chickens, and afterwards took Woodley on Saturday night; he said, "Oh! can't you let me be until Monday? I intended coming up on Monday morning"—I showed the chickens to Mr. Field and Mr. Chamon.
The Prisoners' Statements before the Magistrate: Coston said, "I found them in a field." Woodley said, "The boy Crowle went in and drove the ducks out, and the fowls I found in a field."
MR. STARLING conducted the Prosecution
GUILTY.— Two Years'Imprisonment.
Before Robert Malcolm Kerr, Esq.
MR. POLAND conducted the Prosecution.
WILLIAM JOHN HICKS. I am a grocer, of 2, Manor Road, Blue Anchor Road—on 2nd July, about nine o'clock, I served the prisoner with a quarter pound of bacon—he gave me a bad shilling—I told him it was bad—he asked me what I meant—I said, "You know what I mean"—he threw down a good florin and said, "Perhaps you will be able to take it out of that"—I gave him a shilling, a sixpence, and 3 1/2d.—I am sure I gave him a good shilling, I kept the bad one—he left with the bacon and returned in five minutes, and said, "Do you know what you gave me? you gave me a bad shilling," and showed one to me—I said, "No, let me see it"—he held it at a distance, and I could not get hold of it—I moved round after him, and he went out of the shop—I went out and chased him; he was stopped and given in custody.
Prisoner. Q. Has I running? A. No, you had just stopped.
WILLIAM ALDERTON (Policeman 70 R). The prisoner was given into my charge—I asked him for the bad shilling which he said he had taken—he said that he threw it away, as he did not wish it to be found on him—Mr. Hicks gave me this shilling—I found on the prisoner a half-crown, a sixpence, and fourpence.
Prisoner's Defence. he gave me a shilling with one hand, and 91/2d. with the other. He told me it was a bad shilling and kept it. I walked out, looking at the shilling. I said, "I can see this is a bad one now," and when I counted my change over I had only 91/2d., instead of 1s. 91/2d. I thought the shilling he had given me was my own, aud threw it away, that it should not get me into any further trouble. I never dreamed of his giving me a bad shilling in change. It is for you to decide whether he had a bad shilling in his till or not.
MR. POLAND conducted the Prosecution.
ELIZA MURFITT. I am the wife of Thomas Murfitt—the prisoner lodges with us—she gave me 1s. on 20th July on account of rent, and I placed it under an image—I had no other money—from something I heard, I looked at it ten minutes afterwards and found it was bad—I went to the Grapes public-house, saw the prisoner, and told her she had given me a bad shilling—she made me no answer—I gave her in custody, and gave the shilling to my husband, who gave it to the inspector—I had bent it.
Prisoner.. was not aware it was bad.
WILLIAM HENRY MARKHAM. I assist my father, who keeps the Grapes public-house—on 20th July I was behind the bar, and the prisoner came in for half a pint of beer, and gave me a penny—she left, came back again, and said that she had given me a shilling for the beer—I said that she had not, and told my father—she went from one bar to the other, spoke to my father, and went away—she came back again and said that she was very glad that she had found the shilling, and had come back to tell us—she asked for change—my father said, "Go and give her change, boy"—I went to do so and found the shilling was bad.
RICHARD JAMES MARKHAM. I was the landlord of the Grapes, a short distance from Mrs. Murfitt's—I heard the prisoner say she had found the shilling and ask for change—I told my son to give it to her—he gave me a shilling and I broke it in two—the landlord opposite to where she resides came in and said, "You have just given me a bad shilling"—I gave the broken shilling to the inspector.
SOPHIA DEAN. On Saturday evening, 20th July, I was at Mrs. Murfitt's buying some flowers—the man was not able to give change, and the prisoner came out, snatched a good shilling out of my hand, and said, "I will get you change"—she went over to the Grapes, and I went across and said, "If you please, have you got my change? "—she said, "No, I have not," and she was given in custody—on the way to the station she put her hand behind her and dropped something—I said, "Policeman, that is a good shilling she has dropped"—I picked it up and gave it to the constable.
good shilling and gave me—Mr. Markham produced two pieces of a shilling at the station—this is the shilling given to Mr. Murfitt.
Prisoner's Defence.. was not aware they were bad.
GUILTY.— Twelve Months' Imprisonment.
MESSRS. POLAND and GRAIN conducted the Prosecution.
THOMAS JAMES POPARD. I am a tobacconist, of 172, Tooley Street—on 5th July I served the prisoner with one ounce of tobacco, which came to 3d.; she gave me a crown—I gave her 4s. 9d. change—as she was going out I found it was bad—I pursued her, but lost her—I saw her running up the street, returned, marked the crown, and gave it to a constable.
Prisoner.. never was in the shop; I had sprained my ankle, and could not run.
SARAH MARGARET DONALDSON. I am a confectioner, of Union Street, Borough—on Saturday, 6th July, I served the prisoner with twopenny-worth of cake—she gave me a crown—I tried it with my teeth, and found it was bad—I asked her if she knew whom she took it of; she said, "No"—my husband gave her in charge with the crown.
THOMAS JONES (Policeman 232 M). The prisoner was given into my custody—she said that she got the crown from a gentleman in the street, and did not know it was bad—I afterwards received the other crown (produced. from Mr. Popard.
GUILTY.— Twelve Months' Imprisonment.
841. GEORGE HOWES (23), Stealing two chains, one watch, and other articles, and 2s. 9d. in money, of John Howes the younger, in the dwelling house of John Howes the elder, and afterwards burglariously breaking out of the same.
MR. COLLINS conducted the Prosecution, and MR. COOPER the Defence.
JOHN HOWES the younger.. live with my father on Wimbledon Common—he and the prisoner's father are two cousins—the prisoner slept with me last Sunday week—we went to bed at eleven o'clock, and I placed my watch on a nail over my bed—I had a shilling in my trousers, another shilling in a money-box, and a sixpence, and either a threepenny or a fourpenny piece, and a penny in a big box, and a gold chain—my coat, trousers, and waistcoat hung behind the door—when I got up the prisoner was gone, and my watch and chain, money, and a cigar-case—the prisoner could get out at the back door, which was bolted—I next saw him last Monday at Clapham, and charged him with stealing the articles—he said that he was coming back again; they were worth about 10l.
COURT. Q. When lie said that he was coming back with them did you give him in custody? A. gave him in custody, and he said that he was coming back with them on Monday evening—he was sober when he went to bed, he was in bed before I was—my father called me between three and four o'clock in the morning—this is my father's overcoat—my mother takes in laundry-work, and this shirt was taken out of a basket—this is my watch, and my money-box, but the money has gone out of it—the waistcoat, coat, and trousers are mine.
Cross-examined. Q. You are cousins, and you have known the prisoner for years? A. few years—we were always very friendly—we had not been drinking together—we had dined together, and had one pint of beer—no one else slept in my room—he told me he was going to bring the things back.
MR. COLLINS. Q. Was your money gone? A. Yes, there is a little money here, but I cannot swear to it.
JOHN KINGSBURY. (Policeman 204 W). I received information, and went to a public-house at Nine Elms, about a quarter-past nine in the morning, and found the prisoner there drinking—I told him he was given in charge for robbing his cousin—he said, "Yes, I own to it; I have got all the things with me"—I found on him a watch, two chains, and 1s. 81/2d.—he said that he meant to bring the things back in the evening.
Cross-examined. Q. Did ho say that it was a regular lark? A. No—where I found him was three or four miles from his cousin's house.
The COURT considered that there was no burglary, the prisoner being a guest in the house.
GUILTY of stealing only .— Judgment respited.
MR. PLATT conducted the Prosecution, and MR. STRAIGHT the Defence.
CHARLES FAGAN. I live at 1, Cross Street, Stockwell, and am a labouring man—on the morning of 11th August I was on Clapham Common, I had a hamper with vegetables and other things in it—I sat down there and placed the hamper in front of me—there were two men with me, helping me—there are some posts close by—the prisoner and some other men came round us, and I got up for the purpose of leaving—I was turning to go through the posts, when the prisoner struck me, and told me to leave go of the hamper—they all began punching us when we were going through the posts—there were about ten of them altogether—one of them took my cap, I did not see who it was—they ran away with the basket—it was taken from me by force—they all ran in different directions, one had the hamper—I ran after them, and caught the prisoner about a quarter of a mile off—I did not lose sight of him—he was taken to the station by the police—Goulter, who was with me, swung his arm round and struck one of the men, and the prisoner jumped over the rail and struck him—the basket had a canvas cover when we fetched it, and it was quite full—the policeman found it—it is in a very different state now—I have not any doubt that this is the man.
Cross-examined. Q. Had you been drinking? A. Not more than was good for me—it was half-past twelve when this took place—I had fetched the basket from the station—I had a letter to say it would be there—I went for it at nine o'clock—we had to carry it from Clapham to Stockwell—I was not drunk—I think we had three pots between the three of us—the policeman says I was a little the worse for liquor, but I do not think I was—the men came round us very suddenly, and they disappeared equally suddenly—the whole thing lasted about a quarter of an hour—they were pulling the basket from me—I was hurt a good deal more than any one else—they did not tell Goulter that he had had a little more than was good for him—the basket had a cover on it—there was a good deal of struggling—the basket was full when it was taken—it was not half full when it was brought back—we chased him (the prisoner)—we caught him—I ran in the
direction I saw him run—I was present when he was taken—he walked quietly to the station, and said that he knew nothing about it—I did not identify him by his white coat—he was put with a lot of other men—I walked down to the station with him—I did not say, "That is the man, "or anything of that sort—I said nothing about a white coat before the Magistrate.
JAMES GOULTER. I was with the prosecutor between twelve and one—we had been to the station to get a basket—he was carrying it, and some persons came up, the prisoner is one of them, and asked for some beer—I took hold of one handle of the basket, and another man took the other, and we tried to get it through the posts—the other men hindered us from getting it through—one of the men kicked the basket, I cannot say who it was—I threw round my hands and struck one of the men—the prisoner jumped over the rail and struck me a blow, and the others ran off with the basket—I pursued the prisoner; when I came up with him he dodged among some trees—I went round in a different direction, and he walked away with his hands in his pockets—I am sure he was one of the men—I speak to him by his features and dress.
Cross-examined. Q. Where did you get the basket? A. He had been to fetch it from Clapham—I had had a little to drink—I was not the worse for it as I know of—perhaps I was a little fresh we sat down on the Clapham side of the posts to rest—we had been sitting there about a minute when the men came up—I do not know the exact number, between ten and fourteen—they all came round us, and one man asked for beer—the whole affair lasted about ten minutes—there are a great many trees, and most of the men disappeared among the trees—some went one way and some another, and I followed to try and get the lot—there were two or three in white coats—I lost sight of them in the trees—Fagan was behind me about 100 yards—after we had run down the road after them the prisoner walked out of the lot—he was quite apart—and the others ran down the road as hard as they could go.
GEORGE COLEMAN. I live at No. 5A, Cross Street, Stockwell—I was with the prosecutor and Goulter on Clapham Common, when some men came round us—I heard one of them say, "What have you got in that hamper? "—I do not know who it was—Goulter and I had the hamper, and they got it away from us—I saw the prisoner strike Goulter, and I went for help—I am sure he is the man.
Cross-examined. Q. Did you go to the station with them to fetch the hamper? A. Yes—we were talking about it when we came back.
DENNIS COLLINS (Policeman 225 W). The prisoner was given into my custody about a quarter of an hour after this by Fagau—he gave his name and address—he said he knew nothing about it—he went quietly to the station—the prosecutor had been drinking, but seemed to know what he was about—Coleman was quite sober.
Cross-examined. Q. They had been drinking, had they not? A. Yes, but they were not drunk—I think it was excitement—they knew perfectly well what they were about—I heard a cry of "Murder!" and "Police!" and ran up—the prisoner went quietly with me.
JOHN GARLAND (Policeman 220 W). I was on duty near Clapham Common—I found this basket (produced. about thirty yards from where it occurred—it had been opened—the canvas top was torn, and the vegetables were lying about.
The prisoner received a good character. GUILTY. Recommended to mercy.
Four Month's Imprisonment.
MR. COOPER conducted the Prosecution.
THOMAS OSBORNE (Policeman 203 P). About half-past four in the morning of the 5th July I was in a field at the top of Peckham Rye—there is a path across—I saw the prisoner going across this field with a bundle—I followed him, and asked what he had in it—he made no reply—I took it from him and searched it—it contained this plate (produced.—he said, "What I have got belongs to me"—he afterwards said, "Let me go, and no one will know what has occurred, and I will give you half"—I said I should take him to the station—he then tried to get away—I took him to the station—the prosecutor identifies all his property.
ELIZA MITCHELL. I am cook to the prosecutor—I have seen these things produced, and know them to be my master's—on the 4th July I went to bed about eleven o'clock, and saw the house safe—I got up about half-past six, and found the kitchen door open—the prisoner must have get into the house by the larder window—the blind was broken away—this purse (produced. is mine—it was safe the night before—I know this saltcellar and all the property—I missed them in the morning when I got down.
GUILTY. He further PLEADED GUILTY to having been before convicted.— Fifteen Years' Penal Servitude.
844. GEORGE WRIGHT (26), and SAMUEL WRIGHT, alias WILLIAM WATSON (30), Stealing 10l. of Raymond Klapper, in his dwellinghouse. MR. DALY conducted the Prosecution; MR. HARRIS appeared for George Wright, and MR. WARNER SLEIGH for Samuel Wright.
ANNA KATHERINE KLAPPER. I am the wife of Raymond Klapper, and keep a public-house in White Street, Borough—I had 10l. in a box in my bedroom on the 27th April—I went up stairs to go into my room, and found the door locked inside—I looked through the keyhole, and saw Samuel Wright in the room with the box out—I called out, and the other prisoner came out of the bagatelle-room and pushed me by the right arm, and said, "You go down stairs, Mrs. Klapper"—I would not go down—my husband then came up—I heard the prisoner tell my husband to go down too—my husband broke open the door, but there was no one there—the window was open—I missed the 10l.; it was safe at one o'clock—there was some silver, which was not taken away—that was separate—I knew the men before.
Cross-examined by MR. HARRIS. Q. What time did this robbery take place? A. About a quarter to five—I have always said that George pushed me—I think I told the Magistrate so—they have to pass this room to go to the billiard-room—the door was locked, and I had the key down stairs—George did not play at billiards any more after he pushed me—there was a man there named Harpy; he had a bad arm and did not play—I heard George Wright come back afterwards, but I did not see him—he did not go back to the billiard-room—he went into the bar.
COURT. Q. Did you tell him that his brother was in the room? A. Yes, I told him twice—he asked me what was the matter, and I said there was some one in my room.
Cross-examined by MR. SLEIGH. Q. Where was the box? A. Underneath the bed—he had pulled it out—it was just at the edge of the bed, at
the foot—his side face was towards me—the room is not very large—✗the lid of the box wad leaning against the bed, right opposite the door—I✗seen him before that day—he had been playing at skittles—George✗of my arm; he was trying to push me—I did not see Samuel afterwards—I did not see him leave the house—I know a man named McCarthy—I am quite sure he was not playing at billiards.
MR. DALY. Q. Would any one get out of the window? A. Yes—✗the window was open when we went in, and the looking-glass thrown back from the window.
RAYMOND KLAPPER. I am the husband of the last witness—I was called up to the first floor by my wife—I found the door locked and a skeleton key inside—George Wright tried to get me to go down stairs—I broke open the door, but found no one there; the window was open and the table and glass put aside—we missed 10l.—George Wright was present when the door was opened—I had seen the money safe an hour or two before.
Cross-examined by MR. HARRIS. Q. May it not have been two or three hours? A. No, not more than two—George did not help to open the door—he went away directly after—he afterwards came into the bar, and my potman served him with a pot of ale—as soon as the door was broken open he left—he came back with his wife—I saw a man named McCarthy there—he was not playing billiards.
MR. DALY. Q. Is this the key that was in the door? A. Yes.
Cross-examined by MR. HARRIS. Q. Was there a hole in his pocket? A. Yes, and that let the money down into the lining.
THOMAS LYLOYD. I am a grocer at 38, White Street, Borough—both the prisoners lodged with me about six months—they left on the 27th April, and their goods were fetched the following week—they gave no notice.
Cross-examined by MR. HARRIS. Q. Is not George a picture-frame maker? A. Do not know—he has often been away for some time—I do not know anything about his character—he paid his rent.
Witness for the Defence.
CORNELIUS MCCARTHY. I live at Long Lane—I know the two prisoners—on the 27th of April I was at the public-house kept by Mr. Klapper from about two o'clock till eight—I was in the skittle-room till half-past four, when I went to the bagatelle-room—I had my arm in a sling—I played with the thick end of the cue—I played with George Wright—I heard Mrs. Klapper come up stairs and say there was a robber in the room, and George rushed out and said, "What is the matter, Mrs. Klapper? "—the door was burst open, and there was no one there—I did not see George push Mrs. Klapper—he afterwards went down and had a pint of ale—he said he would go home and see if his brother was there—he went, and afterwards came back with his wife—I went into the skittle ground, and have not seen him since.
Cross-examined. Q. Had you known him before? A. Yes, I had seen him there before—there was another man in the room at the time—he had his arm in a sling as well as me.
GEORGE WRIGHT received a good character. GUILTY. — Two Years' Penal Servitude. For sentence on S. WRIGHT, alias WATSON, see page 443.
Before Mr. Recorder.
ARTHUR GUELTON. I am a sculptor, living in St. George's Road, New Kent Road—on a Monday night at the latter end of July, about twelve o'clock, I was going home, and was near the Elephant and Castle—a man came up—I do not know what he said, but he spoke to me—he asked me to change a shilling—I gave him two sixpences—he then asked if I could give him coppers for a sixpence—I told him I had not enough coppers, and wished to leave his company, and I went away—I afterwards saw him with two other men—one of the other two took me by the throat and the third man took my watch from my waistcoat pocket—he cut the chain—I lost the watch and part of the chain—the man knocked me down and ran away—I saw the prisoner on the Tuesday afterwards and pointed him out to a policeman—I was sure he was the man who came up and spoke me.
Cross-examined. Q. You had never him before? A. No.
GEORGE BARBER (Policeman 287 P). On the night of the 30th July, at about eleven o'clock, the last witness came to me and described the prisoner, and I went and got another constable—I saw the prisoner and a great number of persons, and went to him and told him the charge—he said he knew nothing about it—he threw himself on the ground, but with the assistance of other constables we managed to get him to the station—I searched him and found a scarf tucked underneath his waistcoat, 4l. in money, and this chain.
Cross-examined. Q. Has the scarf round his neck? A. No, lower down.
The Prisoner's Statement before the Magistrate:."I never saw the man before the Tuesday night, when he gave me into custody."
Witness for the Defence.
HENRY MILLS. I have known the prisoner some considerable time, and remember his being taken into custody, the 30th July—I was out taking a walk—I saw the prisoner in the Rotherithe Road about two o'clock—I left him at the Green Man turnpike at ten minutes past twelve—he went towards Peckham—no other person was with him.
Cross-examined. Q. Had you been drinking? A. Had been drinking on the Saturday and Sunday previous—I know it was past twelve when he left—I had no watch—I say past twelve because they were going to shut up the house—the clock is right over the door—the Dun Cow public-house is a mile and a half from the Elephant—I heard of the prisoner being taken into custody the Sunday before last—his brother told me.
GUILTY.— Eighteen Months' Imprisonment.
Before Mr. Justice Shee.
MR. DALY conducted the Prosecution, and MR. WILLIAMS the Defence.
CAROLINE ELIZABETH SMITH. I am the wife of Baker Smith, of 20, Gloucester Place, Park Road, Peckham—the prisoner was in my service for about three weeks—I had given her warning to leave the day before this happened—on 1st August, about four in the afternoon, I went up stair to change my dress—there was no appearance of fire then—I came down in about a quarter of an hour or twenty minutes—the prisoner afterwards
went up to dress—I think it was about five—she shrieked and ran down stairs and said something had happened—I told her not to frighten me so—she said nothing about fire—I went up stairs and found the bedroom door open and the room in flames—the bed was dropping on the floor—the two eldest children slept in that room—the bed was burnt to pieces—it was one of the usual four-post bedsteads—the fire originated in the top, as it was completely destroyed inside by the fire—there were some old newspapers kept there, and that was all, with the exception of an old bonnet—I saw no matches—my two eldest children were down stairs with me, and the three little boys were in the garden—only the prisoner was up stairs—I sent for the greengrocer, who helped to put the fire out—the prisoner only fetched one pail of water—I asked her why she did not assist and she said she was afraid—the windows were shut—they had been open in the morning—I would not like to swear they were open when I went up to dress—I asked the prisoner how it could happen, as no one was up stairs but she, and she said she did not know—the same evening she came and told me my daughters had accused her, and she would not put up with it, and would fetch her mother—I told her to leave the room, as I was too ill to see any one—I had told her many times I was afraid of fire.
Cross-examined. Q. What time was it you went up stairs? A. About half-past four—I came down a little before five—my eldest child is thirteen, the next eleven; the others eight, six, and four—the boys were in the garden the whole of the afternoon—I was about twenty minutes dressing—I have said prisoner screamed—I hardly know if she appeared excited, I was so much excited myself—I gave her the usual month's notice—I gave her in custody the night of the fire—the children were not fond of her—I cannot say positively that the windows were open—I was not dressing in that room, but in my own room, at the back.
COURT. Q. Had she given you warning? A. Yes, but I told her I had already given her warning—that was on the same day I gave her warning.
JURY. Q. Is it true your second daughter accused the prisoner? A. Believe she did.
COURT. Q. How did the fire originate? A. There were bedsteps, and in the top a flap—there were a few pieces of old newspaper and a bonnet-box in the top of it—some of the papers were burnt and some escaped—the bonnet was burnt; the flap was partially open—the flame took the corner of the bedstead—matches were never allowed in that room, on account of the children.
ROBERT WEBB (Policeman 6 P). On 1st August I was called to the prosecutor's house, and saw that the curtains, and the bedding, and the bed were burnt—I opened the lid of the case over the bedsteps, and found some burnt paper and this, which I am told is used as a duster, and a part of a lucifer match lying on it—I asked the prisoner how long she had been up stairs before she discovered the fire—she said two or three minutes—I told her I was a policeman, though I was dressed in plain clothes, and asked how it was she did not discover it before—she said she did not notice it till she felt the heat, and she threw her dress over her shoulders and ran down immediately—I then asked about the duster she was using that day, and she said she took it down stairs, but did not know where she put it.
the breakfast-room when the prisoner came running down stairs—she had on the same dress as now, and it was completely fastened—she had washed and done her hair—she screamed out, "Mrs. Smith, something has happened up stairs"—I saw the place on fire, and said, "Alice, why don't you get some water, you silly fool? why don't you get some water? "—she made no reply, and got some water—I asked her why she did not come down stairs before, and she said, "It was not likely I was coming down without putting my dress on"—I had not been in the room that day—I don't know that my sister had—we never kept matches there.
Cross-examined. Q. You never had lucifers in the room? A. No—I was excited when I called her a silly fool—I did not hear her say she would fetch her parents.
The Prisoner's Statement before the Magistrate:."I am not guilty of it. I was up stairs all the morning; I had cleaned three bedrooms. I saw no matches. I never went into the room after I had cleaned it."
848. JOHN DOBBINS (50), Feloniously and carnally knowing and abusing Mary Cannon, a girl of the age of eight years. The prisoner PLEADED GUILTY to attempting to commit the offence. — Eighteen Months' Imprisonment.
MR. HOUSTON conducted the Prosecution, and MR. LILLEY like Defence.
JOHN SHORT. I am a sailor, now living at 34, Francis Street, Dept-ford—on the morning of the 31st July I was in Eltham Street, Kent Street, Dover Road—I met Slater in Union Street between twelve and one—I went home with her and Eke, and went to bed with her—after I undressed I laid my trousers on the bed—after we had got into bed Slater took hold of my trousers—I said, "What are you doing there? there is nothing belonging to you"—I made a grab at the pocket, and we had a scuffle in the room—Eke had a knife in her hand, and she struck at me—my purse was in my trousers pocket, and there was a sovereign in it—I had seen the money safe half an hour before—I afterwards found the purse on the floor, but the sovereign was gone—they left, and I went into the street and gave them into custody.
Cross-examined. Q. Had you been drinking? A. Had had three glasses of ale since ten o'clock—I treated the prisoners to a glass of rum each, and we took half a pint of rum home with us—I had two glasses of ale with them, but never tasted the spirits—we went into two public-houses—I had been with some shipmates before I met the prisoners.
GEORGE GASCOYNE (Policeman 244 M). About 3.30 on the morning of the 31st July I saw the prosecutor, and in consequeuce of what he said I went in search of the prisoners—I took them into custody, and stated the charge—they said they had not seen the prosecutor before.
GUILTY. Recommended to mercy by the Jury. — Eight Months' Imprisonment.
MR. COOPER conducted the Prosecution, and MR. WRIGHT the Defence.
HARRIET LOUISA SMYTH. I am the wife of Thomas Smyth, of St. James's Steam Plough Mills, in the hamlet of Hitcham—on the night of the 17th July our dwellinghouse was broken into between half-past eleven and a quarter to six—my husband got up at that time—the house was secured when we went to bed—I came down at a quarter to six, and found the back window open—the latch had been slipped back—we missed property to the amount of 20l.—I identify the property produced as mine—these articles were in my house the night before.
WILLIAM YARDLEY (Policeman 228 B). I remember this house being broken into—on the 18th July I received a description of the lost property, and from information I received I went to the prisoners' van, which was then standing on West Green, Hitcham—I saw Stockwell there, and asked her who was in charge of the caravan; she said, "I am"—I asked her if she knew Jane Smith, and she said, "Yes"—I asked if she was aware she was locked up; she said, "No"—I then told her I was a police constable, that Jane Smith was locked up, and that I had come to search the van—I asked her if there was anything in the van that did not belong to her, and she said, "No"—I commenced searching the van, and she said, "If there is anything here, I know nothing about it"—the first thing I found was some pieces of silk—I asked her how she accounted for them, and she said she had had it for a long time—I also found these articles that have been identified by the prosecutrix—I found them under the bed in a large box—on the 24th July I went to Stockwell's house, and on the mantelpiece I found a pawn-ticket, and in consequence I went to Mr. Putnam, and he gave me a shawl, which was part of the property lost—on the 2nd August I apprehended Smith at the House of Correction, Wandsworth, wearing a jacket which was stolen from the mills on the night of the burglary.
Cross-examined. Q. Has this van going about the country? A. It has been in our neighbourhood about sixteen months—Stockwell made no objection to my searching the van—she told me where her apartments were—No. 106 R was with me when I searched the van—he is not here—she wanted to leave the van, and I told him to detain her—I have said that before—I believe she said, "This is a pretty thing I have come to."
STOCKWELL— GUILTY.— Eighteen Months' Imprisonment.
SMITH— NOT GUILTY.
ADJOURNED TO MONDAY SEPTEMBER 23RD.