CENTRAL CRIMINAL COURT
FOURTH SESSION, HELD JANUARY 27TH, 1868.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED BY
EDWARD T. E. BESLEY, ESQ.,
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
BUTTERWORTHS, 7, FLEET STREET,
Law Publishers to the Queen's Most Excellent Majesty
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, January 27th,1868, and following days,
BEFORE THE RIGHT HON. WILLIAM FERNELEY ALLEN , LORD MAYOR of the City of London; Sir JAMES SHAW WILLES , Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir WILLIAM SHEE , Knt., and Sir JOHN MELLOR , Knt., two of the Justices of Her Majesty's Court of Queen's Bench; WILLIAM TAYLOR COPELAND , Esq., Sir ROBERT WALTER CARDEN , Knt., JOHN CARTER , Esq., F.A.S. and F.R.A.S., Sir WILLIAM ANDERSON ROSE , Knt., Sir BENJAMIN SAMUEL PHILLIPS , Knt., Aldermen of the said City; the Right Hon. RUSSELL GURNEY , Q.C., M.P., Recorder of the said City; SILLS JOHN GIBBONS , Esq., ANDREW LUSK , Esq., M.P., and JOSEPH CAUSTON , Esq., other of the Aldermen of the said City; and THOMAS CHAMBERS , Esq., Q.C., M.P., Common Serjeant of the said City; Her Majesty's Justices of Oyer and Terminer, and General Gaol delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
CENTRAL CRIMINAL COURT.
ALLEN, MAYOR. FOURTH SESSION.
A star(*) denotes that prisoners have been previously in custody—two start (**) that they have been more than once in custody—an obelisk(†) thas they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, January 27th, 1868.
Before Mr. Recorder,
MR. H. S. GIFFARD, Q.C., with MESSRS. GRAIN and BENJAMIN, conducted the Prosecution, and MR. MONTAGU WILLIAMS the Defence.
JAMES MAGEE . I reside at 4, Lancaster Street, Hyde Park—in 1859 I was residing partly in England, and partly in New York and New Orleans—in 1859, when I was in New York, my daughter, Emily Florence Magee, was living with me—I first became acquainted with the prisoner, I think, in December 1859—he paid his addresses to my daughter—I can't say when they were engaged, I was in England at the time—I remember the 12th December very well; my daughter was married on that day at Calvary Church, New York, by the Rev. Dr. Hawks; the marriage was performed in the ordinary manner—I heard my daughter and the prisoner agree to take each other as husband and wife—I afterwards saw them sign the register—Dr. Hawks handed me the certificate of the marriage, and said it would be good in England as well as anywhere else—I saw my daughter and the prisoner sign that; this is the certificate (produced)—I saw it signed by the clergyman, not by the prisoner and my daughter, I saw them sign the register—after that the prisoner and my daughter lived together as man and wife—my daughter is still alive.
Cross-examined. Q. When did the prisoner first meet your daughter? A. I cannot say, I was in England—I was absent in England four or five months—when I started for England I knew nothing of any engagement,
and knew nothing of Mr. Eardley—I started for England about June or July, and returned to America in October—I heard of the engagement from my daughter the day I left Liverpool for New York—I think that was the 25th September—I was requested to keep the matter secret, because Mr. Eardley was not in America, and therefore I was requested not to talk about it, and it was kept secret for some time—I am quite sure it was the register I saw signed, there were several persons present in the room—I did not ask the cleryman whether it would be good in England—it was a statement made voluntarily by him without any question being raised—since my daughter has ceased to live with Sir Culling Eardley she has lived at my house.
MR. GIFFARD. Q. You were asked whether it was intended that the matter should be kept secret; what do you mean by the matter? A. My daughter did not wish the engagement spoken of until Sir Culling Eardley returned—the marriage itself was never kept secret after it was celebrated—I dare say there were a hundred persons present—Dr. Hawks was a popular preacher, very well known throughout America—this letter (produced) is in the prisoner's handwriting—I have seen him write. (Read:—"10, Sackville Street, W., July 29th, 1865. I hardly know whether you will receive my letter, but, as our friend Dr. Pettigrew has communicated with you, I venture to write—he has told you that I am most anxious to be re-united with you, and I come to ask it of you. Florence, I have wronged you terribly; I have wronged you in your self-respect, and have been a selfish, bad husband to you till now; and yet I so believe in your nature that I crave and beg you to take me back. I have sinned grievously, and have no excuse. Will you forgive me? I cannot write you a composed letter; I just pour out my own feelings. My own wife, if you only knew what bitter remorse I have gone through since we parted at the London Bridge, you would at any rate pity me. Oh! by the memory of old days at Gilead Lodge, St. Leonard's, and Liverpool, let me be as I was. Reproach me if you will, mistrust me, you are in your right, but take me back. As a child I come to you; lead me. My wife, I love you, indeed I love you. I long, oh! so fully, to be worthy of you. I shall work hard to increase what is left of my ill-spent fortune to make up to you as far as I can. I believe, though my relations would stand aloof from me, that I am young enough, and have enough in me, to earn a good name for you myself, that you may not be ashamed of being my wife. Will you answer me yourself, and not send my note to your lawyers? Don't, I pray, refuse me; think over it, and if you cannot love me enough to receive me again, write to me yourself to say so, but let me see your handwriting again, my own, own wife. Your undeserving husband, Eardley G. C. Eardley.")
CHARLES FREDERICK MOSELY . I live in St. James's Street—I was in New York in December, 1859, and was present when the prisoner was married to Miss Emily Florence Magee—I knew Miss Magee and her father before the marriage—I was only aware of the engagement very shortly before the marriage—there were a very considerable number of persons present—I saw them married and heard them agree to take each other for man and wife—I can't remember seeing the register signed—I remember nothing further.
on the 12th December, 1859; it was a perfectly valid marriage according to the law of New York; even if the parties had not signed the register, it would not affect the validity of the marriage at all.
Cross-examined. Q. The laws of marriage in America differ in the different States, do they not? A. They do—there is no necessity for the publication of banns in New York, nor for signing the register, nor for witnesses; you can be married anywhere—a couple meeting in the street can go and be married where they like; that is the law of matrimony in New York—it has been long established by custom that the marriage should be performed by a clergyman, of some recognised denomination, or by a Magistrate—as to the actual legal requirements, there is no statute that a marriage should be by a clergyman; a marriage before witnesses is sufficient—a marriage may be by a clergyman himself, and in the absence of a clergyman before witnesses—a marriage in New York in the Scottish form has been held to be valid, but I don't think that any marriage has taken place or been sustained in that form for some years—the only statute on the subject of persons professing different faiths, provides that a marriage solemnised in the Jewish form by a qualified Jewish priest, or in a form of any other religious denomination by a clergyman of that denomination, shall entitle the parties to register their marriage, if they chose to do so, but there is nothing at all affecting the validity—taking the case of a Protestant and a Catholic, they can be married in either faith, or by a Magistrate—the marriage need not take place in both faiths.
MR. GIFFARD. Q. Do you know Dr. Hawks? A. Very well; he is a man of some celebrity, and in 1859 Rector of Calvary Church.
WILLIAM HENRY BANNISTER . I reside at the Board-room, Mount Street, Hanover Square, and I am Registrar of Marriages for the parish of St. George's—I produce a register of marriage on the 12th of September, 1867. (This certified the marriage of Eardley Gideon Culling Eardley and Mary Elizabeth Allen, in the presence of witnesses.) The prisoner is the man who was married on that day—the parties signed the register in my presence.
JOSEPH HARRIS STRETTON . I am the attesting witness to this deed (produced), I saw it executed by the defendant; it is an indenture made on the 2nd October, 1868, between Sir Eardley Gideon Culling Eardley, Bart., of the first part, and Emily Florence his wife—this other deed (produced) was also executed by the defendant; it is dated 14th July, 1860—in certain events it settles the sum of 500l. a year on Lady Eardley, one of which is if the prisoner should become a bankrupt—the father of the prisoner was alive in 1860.
Cross-examined. Q. Is it a fact that the defendant has become a bankrupt since? A. Yes.
MR. MAGEE (re-examined). I am the prosecutor—I first saw the announcement of the second marriage in the Times newspaper.
GUILTY .— Eighteen Months' Imprisonment .
MR. DALY conducted the Prosecution, MR. PATER defended Duling, and
MR. BESLEY defended Heath.
THOMAS JAMES . I am a retired tradesman, living at 20, Grafton Street, Fitzroy Square—between twelve and one o'clock in the morning of 10th December I was in the Euston Road—I was accosted by four men—Griffiths
and Duling are two of them—Griffiths and another not in custody spoke to me and asked what the time was—I said, "You will hear the clock strike directly"—they asked me a second time—I said "Gentlemen, you will hear the clock strike"—I had no sooner said that than I was struck down by Griffiths and kicked on the shin—I was robbed of my gold Albert chain, my watch, and 15l. 7s. 6d.—I can't identify which it was that took my watch—the cartilage of my nose was broken, and I bled very profusely—I got up and cried out, "Police"—a policeman stood at the opposite corner, and as Griffiths was running away he caught him and brought him back to the light, and I recognised him as the man that struck, and he was taken into custody—I did not lose sight of him—he was taken to the police-court and remanded till the 17th—I then attended and saw Duling in the body of the Court, and recognised him as one of the parties—I spoke to the sergeant, and he was taken into custody.
Cross-examined by MR. PATER. Q. Who was with you when you were attacked? A. No one—I had been on business at Southampton Street, Pentonville—I left there alone—I distinctly say that I was not in company with any one from the time I left Pentonville till I was attacked—I had left home about eight, or a little later—I had two places to go to—I called at one place in Burton Street, Burton Crescent—I might have stopped there an hour and a half, or it might be more—I only had a glass of porter and a gill of rum the whole of the evening—I don't know what sort of a night it was, there were plenty of lights in the Euston Road.
Griffiths. Q. Were you not standing at the corner of Chesterfield Street, with two females alongside, intoxicated? A. No—I was sober—it was a wonder the blow you gave me did not kill me.
AUGUSTE PROUSE . I am a traveller, and live at 43, Liverpool Street, King's Cross—I was in the Euston Road between twelve and one o'clock on this morning—I saw Griffiths with another, who I think was Duling—Griffiths asked me if I knew those two men, meaning Duling and the prosecutor—Duling was with the prosecutor—Griffiths was alone—I said I did not know them—he then walked away, following the others—I after-wards heard cries of "Police," and saw a man running away—Duling took the left side of the street and ran away—Griffiths was walking quite lame down the street—I followed him, and saw a constable, and gave him in charge.
Cross-examined by MR. PATER. Q. Have you ever said anything before to-day about Duling being the man who was talking with the prosecutor? A. I have not sworn he was the man, but I believe he was—the prosecutor was in liquor—he was not sober—there were two females in his company—I saw the man I believe to be Duling before he ran away—I saw his face quite time enough to recognise him—I was ten yards from him—it was an ordinary night, not dark—I next saw him at Bow Street on the 17th.
Griffiths. Q. About twenty-five minutes to one, when I was coming along, did not I see you and the prosecutor and two females, with a short man, standing at the corner of Chesterfield Street? A. No, not at that time; there was a short man bleeding from the nose—he had two females on each side of him—the prosecutor, the two females, and the short man went up Chesterfield Street—you and I followed behind, about seventeen yards—you left me before we got to the top.
MR. DALY Q. About what time was this? A. About one—when Griffiths first spoke to me I was about twenty yards from the prosecutor,
not more—Duling was then with the prosecutor, and the two females behind—the man I saw afterwards running away was the same man I saw speaking to the prosecutor—there was a lamp close by.
ABRAHAM BALLARD (Policeman Y 154). I was on duty in Euston Road between twelve and one o'clock—I heard cries of "Police," and saw Griffiths come running out of Chesterfield Street, followed by Prouse—Prouse said something to me about a watch, which I did not exactly understand—I immediately ran after Griffiths and brought him back—Prouse said that he had knocked a man down and robbed him round the corner—he began making a noise, pretending to cry, and said he did not do it—I took him back to the prosecutor, whom I found bleeding very much from his nose, and his hat was smashed in—he said, "That is the man that knocked me down and robbed me"—Griffiths said, "I did not do it, but I know who did it; he took the watch and threw it away"—I took him to the station and searched him, but found nothing on him, and when it was light I went to the area of 8, Chesterfield Street, where I found this glass; it is apparently a watch-glass, very much smashed in small pieces; it was in the track that Griffiths ran—I saw Duling about a quarter of an hour previous to the robbery, when I was on duty in James Street, with three or four others, running up the street hallooing and shouting—knowing that was not their way home, I followed them, and at the bottom of Euston Road I lost sight of them, and then I heard the cries of "Police," but I did not see Duling on that occasion.
Cross-examined by MR. PATER. Q. Have you ever said before to-day that you saw Duling a quarter of an hour before the robbery? A. No, I was not asked the question—I was three times before the Magistrate—I am aware that on the last occasion witnesses were called to prove that Duling was not there at the time I speak of—if I had been asked the question I should have stated it then.
COURT. Q. In what state was the prosecutor? A. Sober—he had been knocked about very much.
DAVID OLDER (Police Sergeant Y 16). I was at Bow Street on the 17th, in the clerk's office—in consequence of a communication from the prosecutor, I went into the police-court—I saw Duling there—I touched him and told him to come outside—I then told him I should take him into custody for being concerned with Griffiths in robbing Mr. James about a week ago—he said, "Not me; you have got this up for me; I am innocent"—I took him to the police-station, and he was charged—I found on him two cards relating to benefit societies for two thieves, but nothing connected with this robbery.
Cross-examined by MR. PATER. Q. I believe you have ascertained that Duling has been employed at a coal-wharf? A. Yes.
JAMES THOMAS PAUL . I am a surgeon, of 26, Burton Crescent—I was called into Hunter Street police-station on the morning of 10th December, about two o'clock, to see the prosecutor—I found him suffering from a severe contused wound of the nose—the cartilage was broken—there was a contused wound on the back of the head which bled very much—my attention was not directed to his leg.
COURT. Q. Had he the appearance of having been drinking? A. I could not say that he was perfectly sober—he knew what he was about, still he had been drinking so as to be the worse for it.
of going with Mr. James to a watchmaker's, and identifying his watch, I went to the prisoner Heath's house, in company with James—I told him, "There is a watch at the watchmaker's, which you have sent to repair; where did you get it from?"—he said that he had obtained it of a customer, who had been to his house and incurred a debt of 1l. 2s., and had gone away and left the watch for the money—I said, "Is it not rather a strange proceeding to take a watch without knowing whom you had it from?"—he said no, he was perfectly satisfied, for he found it was worth the money—he seemed to treat the matter lightly—I did not know him before—I asked him when it was he took it, he said he could not say—it was Monday, Tuesday, or Wednesday, or some time—he did not give any description of the person who had left the watch.
Cross-examined by MR. BESLEY. Q. I believe you had seen the watch at Mr. England's? A. Yes—he had given information to the police—he lives about six or seven minutes' walk from Heath's Coffee-house, which is right opposite the Great Northern Railway—I went first to Heath's between seven and eight in the evening—it was suggested that he should go to the police-station—he went with me readily—it was then suggested that we should go to Mr. England's to see the watch—he went with me there, saw the watch, and said that was the one he had sent to be repaired—I parted company with him there, went back to the station, and then went again to his shop with Mr. James—that must have been at nearly twelve o'clock at night—he gave the same explanation that he had done at eight o'clock—he said the customer who had left the watch had gone down the line and promised to come back in a week—he told me he could not describe the man.
THOMAS JAMES (re-examined). This is my watch; I saw it at Mr. England's, a watchmaker's in Winchester Terrace—I afterwards went with the last witness to Heath's—I asked if he could describe the man who had left the watch with him—first of all he said that he was a tall man, and then that he was short man, and then he said, "I don't think I have any right to tell you; I took the watch because it was worth the money"—he said he took it in the early part of the week, but he was not quite sure.
JOHN MERRICK . I am a waiter at Heath's Coffee-house, 17, Weston Place, King's Cross—he gave me this watch to take to Mr. England, and told me to ask Mr. England to repair it and send word how much it would be—I took it—I don't know what day of the month it was—I have been trying to recollect—Mr. England says it was on the Monday, and I think he must be right—I mean the Monday before Heath was taken into custody—the accounts at Heath's are kept on a slate—I did not keep them—I am no scholar—I have seen Heath write on it, but he is not much of a writer.
Cross-examined by MR. BESLEY. Q. I suppose, when the accounts are settled, they are rubbed off the slate? A. Yes—there was a customer at the shop at the time I went with the watch—I saw him give it to Heath—he had been stopping there the previous night—I saw him wearing the watch on a chain, and he took it from the chain to give it to Heath—he was still there when I got back from Mr. England's—I had left the watch there to be repaired—I told Heath what the value of the watch was and how much it would cost to be repaired—I did not see the man leave, I went out for a walk—I heard him say he was going down the line and would be back in four or five days or a week, and then he would call and pay his score.
MR. DALY. Q. Had you ever seen the man before? A. No—I gave a description of him to the police—I said he was a gentlemanly sort of man, with a black moustache and black beard—he wore dark clothes, a fashionable coat with side-pockets—when I returned from the walk he was gone.
Griffith's Statement before the Magistrate was read as follows:—"Duling was not there at all. I saw the prosecutor standing with two females at Chesterfield Street; he was in liquor and bleeding at the nose. Each side of him was a female, and in front a man shorter than myself, and dressed rather respectably. Prouse stood on the curb by the side. They were all that were present."
MR. PATER called the following witnesses for the defence:—
ANDREW EDWARDS . I live at 33, West Street, Somer's Town—Duling occupies the back room second floor in my house—on the evening of the 9th December I was at home about ten o'clock up to half-past five in the morning, when I went to work—Duling was in the house all the evening—I am certain it was on the 9th December, because my brother-in-law had been a teetotaler, and he had a friend come to see him that evening, and he went out with him and had a drop of beer—I was examined before the Magistrate; my brother-in-law is here.
Cross-examined. Q. When did you hear that Duling was charged with anything? A. Not till about a day after he was charged—it happened on a Monday, and I heard of it on the next Wednesday, about a week after—I don't say that Duling was at home every night that week—he is generally home about ten or eleven—sometimes he sleeps out on a Saturday night, but very seldom—I was in bed about half-past ten or a quarter to eleven—I sleep in the back room down stairs, and Duling up stairs—there are four other lodgers in the front room, two have gone away—one sleeps along with my brother-in-law—they go out about half-past six or seven to work—I did not see Duling go out in the morning, but my misses slays he went out as usual—I never knew Duling out of work above a day or two since he has lodged with me, and he has been there three months—he works at the coal trade, and goes out in the morning about the same time as the other chaps—I have seen Griffiths visit him now and then, but not often.
COURT. Q. How do you know it was on the night of the 9th that your brother-in-law broke the pledge? A. I know it was the first Monday that he broke the pledge when his friend came from the country—he came from the country on the Sunday, and came to see him on the Monday.
HENRY BROWN . I am a labourer, and live at the house of the last witness—on the night of the 9th December I had a friend come to see me—I went out and had a little beer with him between half-past eleven and twelve o'clock, and when I came home Duling wished me good night in his room—if it was not his voice it was a voice so like his that I should not know them apart—it was as I passed his door to go to my room—I am clear about the date, because I had been a teetotaller about three mouths before.
Cross-examined. Q. Can you swear it was Duling's voice you heard? A. Yes, I can—I gave evidence at Bow Street—the police sergeant came to our house first about this—I think that was in the same week—I had often bid Duling good night before—I don't think I did after the 10th December; I might and I might not.
COURT. Q. What time did your friend come? A. About seven o'clock I think—I had not seen him before that night—I had stopped at
home all that day; I mean on the Monday, as I was rather queer—my friend had not come on the Sunday.
GRIFFITHS and DULING— GUILTY . HEATH— NOT GUILTY .
GRIFFITHS was further charged with having been before convicted, to which he PLEADED GUILTY.**— Ten Years' Penal Servitude . DULING— Eighteen Months' Imprisonment .
FREDERICK EVANS . I am servant to Mrs. Cayley, 43, Pall Mall—I sleep in the basement of the house—on the morning of the 10th January I heard a noise—I went to the front door, and sent a little boy for a constable—I then got another constable—I told one to stand at the front door—I went to the back with the other—I then called a Captain McNeal—we examined the back part of the premises, and found the back window open, but the shutters fastened from the inside—the constable forced an entry into the shop—you can't get in the shop from the house—there is a separate entrance—when we got in I found the prisoner crouched down behind the counter—I heard a blow struck and a cry from the prisoner—I think he said, "I am killed"—I found a screwdriver, a knife, a piece of stone to whet knives upon, a bottle with some oil, and a dark lantern—I also found a twelve-foot ladder in the shop.
EDWARD MORGAN (Policeman C 55). About twenty-fire minutes to seven I was called to 43, Pall Mall—I found the back parlour had been broken into; the window had been bored about with an auger—I placed a ladder across the area to the window, and pushed the shutters, and they came open—I saw the prisoner in the room and struck him at once—he had something in his hand—we expected to see three or four more; that is what made me hit him on the head—I took him into custody—at the station he pretended to be drunk.
Prisoner. It was from loss of blood; you gave me such a blow on the head.
JAMES JONES . I am assistant to Messrs. Walpole, linen merchants—they occupy the shop, 43, Pall Mall—I saw the window secured about six o'clock on the previous night—I found the screwdriver and the other things in the shop next day—they do not belong to my employers—the twelve-foot ladder does not belong to us.
COURT to FREDERICK EVANS. Q. What time was it that you heard the noise? A. Directly I heard whatever it was fall, the Big Ben began to chime six o'clock.
Prisoner's Defence. About a quarter-past six I was coming down Pall Mall. Two men were standing in front of Mrs. Cayley's door. They asked me if I would carry a parcel, and told me to wait a minute. I waited, they struck a light, I heard a noise, they got into the house and opened the door for me. I went in, and they told me to stop, they would be back directly. I stayed there half an hour, and the policeman opened the shutters, ran in, and struck me on the head. I have been under the doctor ever since. He pulled me down to the station half dead from loss of blood. I don't think I should have stopped there if I was going to do anything wrong.
window—they had bored two holes and then forced the wood—no one could have got out at the front door, because I was standing there—I am sure no one went out there—there was some instrument underneath the shop door, so that it could not be opened.
Prisoner. Q. Was there not a key in the shop door? A. Yes, it was locked; I had to unlock it.
GUILTY .— Six Months' Imprisonment .
The following prisoners PLEADED GUILTY: —
151. CHARLES CLUTTERBUCK (23) , to embezzling 4l. 15s. 2d., 19l. 7s. 4d., and 2l. 6s. 6d., also 1l. 6s. 2d., of John Nicholls, his master.— Nine Months Imprisonment . [Pleaded guilty: See original trial image.]
152. MARY ANN MURPHY, alias EMMA FREEMAN (38) , to stealing a dress of Hannah Napthali, and one gown of Ellen Footman,having been before convicted.—. ** Seven Years' Penal Servitude [Pleaded guilty: See original trial image.]
155. HENRY STURGES (62) , to two indictments for stealing six spoons and other goods of Henry Holland and another, his masters. Recommended to mercy by the prosecutor.— Nine Months' Imprisonment . [Pleaded guilty: See original trial image.]And
NEW COURT.—Monday, January 27th, 1868.
Before Mr. Common Serjeant.
MR. COLERIDGE conducted the Prosecution, and MR. WARNER SLEIGH the Defence.
THOMAS SHEPPARD . I am the brother of Harry Sheppard, who keeps the Bricklayers' Arms, Rathbone Place—on 28th December, between five and six, the prisoner came for two pennyworth of rum—she paid me with a shilling—I gave her the change, and put the shilling in the till—there were no other shillings there, I had taken them all out just before—about a quarter of an hour after my sister-in-law went to the till to pay the baker—I saw her take out the shilling which I had put in—she gave it to the baker—he gave it back to me, and I found it was bad—I gave it to my brother, who put it on a shelf—I saw her again on 1st January and identified her—when she came in on the 28th December she had on a red Garibaldi, and she had one on on 1st January.
Cross-examined. Q. Who was serving? A. No one but me—we do a fair amount of business, but there was no one at the bar at the time the prisoner was there—she wore a hat, a dark shawl, and something red underneath—my brother was in the bar parlour—no other customer
had been in when I went to the till, and I was not two feet from it—I do not recollect anybody calling on me on 9th January.
HARRY SHEPPARD . I am the brother of the last witness, and keep the Bricklayers' Arms—on Wednesday night, 1st of January, the prisoner came in, at a quarter-past five, for two pennyworth of old rum—I served her—she did not drink it—she paid me with a bad shilling—I said, "I believe you have been here before"—she said that she had not—I gave her in custody with the shillings—a young man then came into the bar, and asked for a glass of beer—he asked what was the matter, and said he would pay for what the woman had had, and asked me for the shilling that she had given me, but I would not give it to him.
Cross-examined. Q. Were you present on 28th December? A. Yes—I do not think there was anybody in that bar when the prisoner came in—there may have been one or two in the other bar, but I could not see—the prisoner was dressed in a black shawl and a hat and feather—her shawl was closed over closely I think, I was too far off to see what was underneath—a baker came in after she went out, and this shilling was passed to him—he did not go away from the house, he only went to the door, and then said that the shilling was bad—I will not swear that the prisoner is the woman, but I believe she is.
WALTER TREMAINE (Policeman 28 E). On 1st January I was called to the Bricklayers' Arms, about five o'clock, and the prisoner was given into my custody for uttering a bad shilling—she said that a man gave it to her, who would be back in an hour—I was just about taking her to the station, when a man looked in and said, "What is the matter? what is all this?"—the prisoner said, "That is the man who gave me the shilling"—he said, "—I did give her a shilling"—I said that I should take him in custody—I afterwards received a shilling and a penny from the female searcher in the prisoner's presence—I searched the man, and as 1 placed him in the dock this feather of a woman's hat dropped on the ground—I received two bad shillings from Harry Sheppard.
ROBERT ALFRED PEARCE . I am assistant to Mrs. Webber—on 27th November the prisoner came in for half a quire of note-paper and a packet of envelopes, which came to 5d.—she gave me a bad florin—I showed it to somebody, and gave the prisoner in custody with the florin—she said that she had it given her by a young man, an assistant to a grocer in Cleveland Street, named Johnson.
Cross-examined. Q. Was she with somebody else? A. No—it was between four and five in the evening.
WILLIAM POOLE . I am assistant to Mr. Johnson, a grocer, of 49, Cleveland Street, Fitzroy Square—on a Sunday night, I do not know the date, the prisoner came to the shop, and I gave her, out in the street, a florin and a sixpence—my master bad paid me that florin on Saturday night for my wages; I believed it was good.
WILLIAM HESSE (Policeman X 45). On 27th November the prisoner was given into my custody—she was taken to Marylebone Police-court, charged with uttering a bad florin, remanded, and discharged on 5th December—she gave her name Emily Turner, 42, London Street, Tottenham Court Road—I know Livesey by sight—he was present at the police-court when she was in the dock—he was not in charge.
Witnesses for the Defense.
known the man Livesey ever since he was a little child—on 28th December I met him and the prisoner in Gray's Inn Road, as near four o'clock in the afternoon as possible—we went and had a glass together, and they left—I was with them about three-quarters of hour—they went in the direction of King's Cross.
Cross-examined by MR. COLERIDGE. Q. How came you to remember 28th December? A. It was the Saturday after Christmas Day—I was not on strike then, but we were very slack at our place—I work for H. E. and M. Moses, but did not do so that day—I was walking about, I looked at my watch when I wanted to know the time—I had seen Livesey about a month previously, he called at my house at about half-past two in the afternoon—I swear that—I had never seen the prisoner before.
ANN TURNER . I am the wife of George Turner, agent to the Royal Lion Friendly Society—we live in St. James's Road, Holloway, and have occupied the same house nearly three years—the prisoner is my sister; she and Livesey have been living together as man and wife since November—they came to my house on 28th December, at a little after five o'clock; they had tea with me, and left at a little before seven—I went to Mr. Shepherd on 9th January, and made a communication.
Cross-examined. Q. Since what day in November have the prisoner and Livesey together? A. I do not know the day—I will swear she was living with him at the beginning of November—I had not seen her for three years before—I knew that she was living with him—I met her in the street with him—I do not know that she was in prison in the beginning of November—I will not swear that she was not—I swear I saw her in the street in November, 1867—she went away at a little before seven on the 28th—I am sure it was not a little before six—I always have the time with me—there was a clock in the room and a watch in my pocket—I do not know what makes me remember December 28th—I do not recollect other days at all.
ELIZABETH HART . I am single, and am a mantle-maker—I live with the last witness in the Holloway Road—on 28th December I was with her when Mr. and Mrs. Livesey were there—I did not remain to tea—I came in just before they went away, just before seven—on 9th of January I went to Mr. Shepherd's with Mrs. Turner, who made a communication.
Cross-examined. Q. How long have you known the prisoner? A. About three months—I had just left work, my hours are eight to eight, but on Saturdays we leave off at three—I was at my sister's house, in Clerkenwell, between three and seven—I noticed a clock as I passed, it was just before seven.
MR. SLEIGH. Q. Where was the clock you looked at? A. In the Holloway Road; it was half-past six by that clock, and I then had about ten minutes' walk, so that it was a little before seven—having seen my sister, that is the reason I remember it was 28th December.
COURT. Q. What time is it now? A. Two o'clock; there is the clock.
WILLIAM LIVESEY (in custody). I am the son of William Livesey, a plumber and painter, of Chorley, Lancashire—I have been in London something like two years, and live with Mr. Starling, at 40, Bolsover Street, Portland Road—I am in the service of Thomas Kersham, of 58, Baker Street—on 1st January I went into the prosecutor's public-house, heard a conversation going on, and offered to give a shilling for the shilling which my wife had passed—I have been living with the prisoner as my wife since
October or November, and had given her the shilling—I believed it to be good—I only had 2s. and a half-sovereign in my pocket—I told her to go into that house and wait till I came for her; she did so and I found her there—I asked for the shilling back in the public-house, but they would not give it to me.
Cross-examined. Q. Where were you at work on 1st January? A. I lost my work in November, and had been doing nothing since—I worked for a couple of weeks in November, my wages were 32s. a week—I have been out of work six or seven weeks, and had been supporting the prisoner—I do not belong to any club—I got the shilling from Mr. Bishop, of Oxford Street, in change for a half-crown.
GUILTY . She was further charged with having been convicted of a like offence at this Court in June, 1866, to which she PLEADED GUILTY .
Eighteen Months' Imprisonment .
NOT GUILTY .
MESSRS. COLERIDGE and STRAIGHT conducted the Prosecution
JAMES BRANNAN . I am employed by the Mint—on 18th January, between seven and eight, I went to 17, Turk Street, Bethnal Green, with Inspector Bryant, Broad, Fife, and other officers—the street door was open, and the parlour door inside was ajar—the female prisoner was standing inside the doorway—I went in and saw the male prisoner sitting on the bed, undressed—I said, "My name is Brannan; I have received instructions to look after you; I have come to search for coining implements and counterfeit coin"—they made no reply—on a table I found some pieces of white metal, a piece of glass with a little plasters and grease adhering to it, three bands for making moulds with plaster adhering to them, a file with white metal in its teeth, and a pipe with a small quantity of fused metal in it, some pieces of copper wire, a small brush, a saucer with composition in it, and two or three pieces of copper wire, some of which have been dipped in solution—Inspector Bryant produced the small box, open, from under the table—it contained two moulds for making shillings, and one for sixpences, eight bad shillings, and twenty-seven bad sixpences—in a little purse in the female prisoner's dress-pocket was 4s. 6d. in good money, one of the coins corresponded with three of those found in the box by Bryant—Bryant said that the cupboard under the stairs and the back shed were locked—I asked for the keys—the female prisoner said, "It's no use to deny this," and went to the cupboard and brought two keys, which I handed to Bryant, who went out and returned with twenty-nine skeleton keys, about the most complete set I ever saw; also a piece of wax to take impressions of keys, and every article necessary for coining—I said, "Anything you state I shall have to name hereafter, therefore you are at liberty to say what you like"—the woman said, "I know who sent you here, and so help me God they shall suffer."
twenty-nine skeleton keys and pick-locks, an iron ladle, a number of files, and some plaster of Paris.
James Grubb. Q. Did you not break open the cupboard door? A. Yes—I afterwards tried the key, and it fitted the padlock—I had found the box before that.
WILLIAM WEBSTER . These moulds are for sixpences of, 1866—I have examined twenty-seven counterfeit sixpences of that date, twenty-four of which are from that mould—here is a shilling mould of 1828, but no coins—here is a shilling mould of 1864, and eight shillings from it—here is everything necessary for making counterfeit coin.
James Grubb's Defence. He had to pass my room from the street door, and he brought these things and put them there. I have kept my bed seven months, and have also been in St. Bartholomew's Hospital; it would be out of my power to make these things. A female asked me to allow her to leave a few shillings and sixpences there; I told her she might put them is the cupboard, and then gave information to Mr. Brannan to get the 2l. that is allowed.
JAMES GRUBB— GUILTY .†— Ten Years' Penal Servitude .
ELIZABETH GRUBB— NOT GUILTY .
MESSRS. COLERIDGE and STRAIGHT conducted the Prosecution.
EMMA BEALES . I am barmaid at the Bow Bells public-house, Bow Road—on 17th December, about ten p.m., the prisoner came in for a pennyworth of gin and tendered a sixpence—I scraped the silver, found it was brassy, and gave him in custody—when I told him it was bad he said, "No, miss, it is not."
EDWARD GROGAN (Policeman 308 K). I took the prisoner, and received this coin (produced)—I took him to the police-court next day—he was remanded for a week, and discharged on 24th December—I found on him 8s. in good silver, among which were two florins.
ANN SLY . I keep a draper's shop at Springfield Place, Hackney—on 30th December, at two o'clock, the prisoner came in for a pennyworth of white thread and gave me a sixpence—I noticed that the milling was imperfect, and said, "I cannot take that"—I gave it back to him, and he went away.
CHARLES FREWIN, JUN . I am the son of Charles Frewin, a draper, of Market Row, Hackney—on 30th December, about seven o'clock, I served the prisoner with a penny paper collar; he put down a bad sixpence—he had bought a paper collar three weeks before, and gave me the same sort of sixpence, a silvery bright one—I showed it to my father, but the prisoner had gone then, and I had given him the change.
Prisoner. I was never in the shop before. Witness. I am certain you are the man.
CHARLES FREWIN . On 30th November my son called me into the shop and gave me a bad sixpence, which I afterwards gave to Pun chard—I kept the prisoner in the shop—I had seen him there about three weeks before, and after he had gone my son showed me a bad sixpence, either brass or copper, which my wife threw into the fire.
GUILTY. Recommended to mercy by the Jury on account of his youth. — Six Months' Imprisonment .
OLD COURT.—Tuesday, January 28th, 1868.
Before Mr. Recorder.
MR. BRINDLEY conducted the Prosecution, and MR. RIBTON the Defence.
GEORGE FOSKETT . I am a meat salesman in Newgate Market, the prisoner was in my service as clerk for twenty or twenty-one months—his duties were to book the meat that was sold, and to receive money for it from various customers, and to pay the money to whoever came for it, and pay it into the bank—he had to make entries in his cash-book and to account to me for the money in the book—this is the cash-book (produced)—I find no entry here of 6l. 18s. 2d. from George Miller on 6th November, or 1l. 11s. 6d. from Samuel Stacey on 5th October, or 1l. 1s. 3d. from Mr. Bannister on 28th September—the prisoner has not accounted to me for those sums in any way—he left on 6th November without notice, and I never saw him again till he was in custody about a fortnight since.
Cross-examined. Q. Was the prisoner assisting or was he the only clerk? A. He was clerk—he had nothing to do with selling, merely receiving and paying money and keeping the accounts—the customers pay the money to him, not to the man who weighed the meat; that may sometimes happen on a Saturday, when we are very busy—the prisoner did not go out collecting money, except when I have occasionally told him to do so—these entries are in his writing—the sums stated here are a number of small items—I have not the day-book here—I will send for it—Mr. Miller is Mr. Wiseman's man; this 6l. 19s. 2d. was for meat had some time previously—the cheques are entered here separately—the cheques paid were drawn by the prisoner and signed by me—these moneys were all received by the prisoner, whether in cheques or not, and by him sent to the bank—sometimes I don't check my accounts for a month, sometimes once a fortnight, and sometimes in not above a day or two—he was not in the habit of taking the money to the bank—he has done such a thing when the other men have been busy—I have my bank book here, showing the exact sums sent in each day—I have examined that and find it correct according to this book—I began to go strictly through the books when I found these deficiencies on 7th November—I have six men in my employment—the prisoner sits in a sort of counting-house—the men do not take the money to him—they have nothing to do with the money—we generally commence business about five in the morning; sometimes the clerk will have done by one o'clock, sometimes two or three, and on Saturday it is generally later, at seven—the money is generally sent to the bank the same day, when it is convenient for him to make it up, sometimes as late as three, sometimes at one—during the week some thousands are paid in—I have now got my daybook (produced)—I have known the prisoner for a long while—he was out of a situation when I took him—I gave him 2l. a week to start with, and I rose him to 3l.—I believe all these entries in the day-book on Saturday, 28th September, are the prisoner's entering—he kept all the books; that
was his duty—the entries are made in this book as the men call out the weight of the meat, and who buy it—all the credit that is given is posted into the ledger from the day-book.
COURT. Q. Are the items given in the day-book? A. Yes—there is no entry of 6l. 18s. 2d. on 6th November.
GEORGE MILLER . I am in the employ of Richard Wiseman, butcher, of Star Corner, Bermondsey—on 6th November I paid the prisoner 6l. 18s. 2d. on Mr. Foskett's account—the prisoner entered the receipt in this book (produced); that is his writing.
Cross-examined. Q. What is the receipt? A. "George Foskett, 6l. 18s. 2d."—I paid him in Mr. Foskett's counting-house, some time in the forenoon, between eleven and one—that was not on a Saturday—I think it was on a Tuesday, or one day in the beginning of the week—it was for meat supplied some time before; there was a bill sent in—I took that with me when I went to pay the amount, that was not signed, the signature in the book is sufficient—I paid the prisoner himself, and saw him write this receipt; there was no one else present; I paid him in cash, in the counting-house—it is the custom in the market for the clerk to sign the name of the principal.
SAMUEL STACEY . I am in the employ of Mr. Wing, butcher, of Warwick Lane; he occasionally buys meat of Mr. Foskett—on 6th October I paid the prisoner 1l. 11s. 6d., and saw him write this receipt, "G. F., 1l. 11s. 6d." in my book.
Cross-examined. Q. Was this on a Saturday? A. Yes—somewhere between twelve and two—I am quite sure I paid it to the prisoner, he was in the counting-house—Saturday is generally a busy day.
ALBERT BANNISTER . I am a butcher, of King Street, Cheapside—on 28th September I paid 1l. 1s. 3d. to the clerk at Mr. Foskett's—he gave me this receipt, here are the initials and the date—I could not swear that it was to the prisoner that I paid the money—I paid it in the counting house at Mr. Foskett's shop.
ENOCH EMERY . (City Detective). I was looking for the prisoner for several weeks—on 14th January I went to No. 10, Alma Road, Old Ford. saw the landlady, and inquired for the prisoner—I found him locked in a room—I told him I should take him for embezzling money of his master, Mr. Foskett—he made no reply—I took him to the station, where the charge was read over to him, and again he made no reply.
GUILTY .— Eighteen Months' Imprisonment .
The Prosecutor stated his defalcations to amount to between 50l. and 60l.
HALES PLEADED GUILTY .— To enter into his own recognisances to appear and receive judgment when called upon .
MR. SLEIGH, for the Prosecution, offered no evidence against TIMEWELL.
NOT GUILTY .
MR. GROFFITHS conducted the Prosecution, and MR. RIBTON the Defence.
WILLIAM POTTS (City Policeman 497). On Wednesday, 1st January, from information I received, I went to the Fleet Street police-station, where I found the prisoner—I told him he would be charged with receiving a quantity of coats and trousers stolen from the van of Mr. Davies, the carman, of Knight Rider Street, on 29th November, and I asked where he got them from—he said he bought them of a man, but he did not know who the man was, and he had sold them to Mr. Kauffman, Aaron and Wilkinson, and the coats to Mr. Cohen—he said there were twenty-six coats and thirty pairs of trousers.
Cross-examined. Q. Did not he say he bought them in the clothes market? A. No—I had previously found out the parties to whom he sold the things; I had the parties in custody on 6th December, charged with the unlawful possession—I cannot say whether he knew that; he told me their names voluntarily—he gave me his correct address, I had been to his house and seen his wife before that.
WILLIAM WILKINSON . I am a clothier, of 11, Cutler Street, Houndsditch—I bought thirteen pairs of trousers of the prisoner, I don't know the exact date; it was on a Tuesday, six weeks ago to-day—I paid him 3s. 6d. a pair—I afterwards gave one pair of them to the policeman—these (produced) are them.
Cross-examined. Q. How long have you known the prisoner? A. Nearly twenty years—I knew him when a boy, he has lived in the neighbourhood—I have always known him as a respectable dealer in clothes since he has dealt in the Exchange; we buy and sell large quantities of clothes there—the wholesale dealers bring large quintiles of soiled stock into the market—the prisoner first brought me one pair and asked if I would buy twelve pairs—I asked how much, he said 4s.—I said I would give 3s. 6d., and he went and brought twelve more pairs—I did not ask where he bought them, he is a dealer it the market.
MR. GRIFFITH. Q. What do you say his character, has been as an honest man? A. I know nothing against him—I did not on one occasion take him to the police-station—my brother did, for 7s. he owed him; he locked him up for it; he gave him the 7s., and the case was dismissed.
SAMUEL COHEN . I am a clothier, of 9, Fashion Terrace, Spitalfields—I bought twenty-six coats of the prisoner, and paid him 5s. each for them; I think it was about six weeks ago—the constable afterwards took possession of the coats, and of me too—I made a statement to him, and he let me go—this is one of the coats (produced).
Cross-examined. Q. How long have you known the prisoner? A. Twenty-five or twenty-six years as a trader in the market—I have always known him to bear a respectable character—I have bought of him to the extent of 40l., 50l., or 80l. a month—he deals extensively—I buy from him is the market—these things are sold there, hundreds a month sometimes; when the wholesale dealers take stock once a year, they generally turn rut these kind of goods—I did not ask him where he got them, being an honest man—I thought I had no business to ask the question.
MR. GRIFFITHS. Q. Are you often in the market? A. Every day—I had seen the prisoner there every day before I bought these coats.
ELIZABETH AARON . I am a general dealer, of 13, Roper's Buildings, Cutler Street—on 3rd December I bought twenty-one pairs of trousers of the prisoner in the Exchange—I paid him 3s. 6d. a pair—I sold three or four pairs, and gave the rest to the constable.
Cross-examined. Q. Have you known the prisoner for some time? A. Yes, many years, ever since I have been in the market—I always considered him a very respectable man—I have made purchases of him before, many times—I only sold a few pairs of these trousers—sometimes we sell many pairs at a time—I serve many dealers in different parts of the globe—it was this day eight weeks I bought them—I saw him two days before he was taken—I can't say that I saw him there nearly every day during December—I don't very often go into the market, unless anything is brought to where I am dealing—I did not buy them in the market, where he deals; I bought them in the Exhibition Clothes Exchange, where I deal, which is next to it—he had the trousers with him, carrying them in the market—he said, "I have got some trousers I think will suit you"—he did not say where he bought them; I did not ask him—we buy every day from persons who come to us—I knew this young man; if I had not known him I should not have bought them—I never ask questions of any persons who bring things—I buy them in public market, and give a fair price—it is not the first time I have bought new goods in the market—I have bought from persons I did not know—I have not thought it necessary to make inquiries—during the day the same things will change hands sometimes two or three times.
MR. GRIFFITHS. Q. You say unless you now the party you would not buy of him? A. No; not exactly of a stranger of course—if a man had goods that I thought were right, and that would suit me to get an interest on, I should buy them—it is usual in the market to purchase of a person you don't know, and without asking questions—you don't get the address of a person unless you go—to a warehouse—where you buy a large quantity of a stranger I am not aware that it is usual to ask questions; I never adopt that course.
COURT. Q. But you said just now you would not buy of a stranger? A. Not if I thought they were not right—I would not buy of a child, a lad came to me the other day with a coat and pair of trousers, and I would not buy them.
MOSS DAVIES . I am manager to Messrs. Hyam and Company, of Cannon Street, outfitters—on 29th November six cases, containing clothes, were delivered to a carman named Davies—I saw them packed—one of them contained fifty coats, and another sixty pairs of trousers—the coats were 11s. each and the trousers 5s.—these produced are some of those that were in the cases.
Cross-examined. Q. Have you a clearing out of stock once a year? A. We have occasionally—we sell all the over stock—we do not send them to the clothes mart—no doubt the persons who buy them take them there—they are sold there in large quantities—I do not know the prisoner—I should think 3s. 6d. a pair for the trousers a fair price in the market, and 5s. for the coats—it is rather below the value, but not much.
MR. GRIFFITHS. Q. Are you in the habit of selling as many as sixty coats and thirty pairs of trousers to one purchaser? A. Oh! yes.
CHARLES SOUTHRON . I live at Rolls Buildings, Fetter Lane—on 29th November I was a carman in the employ of Mr. Davies—on that day I received from Messrs. Hyam, of Cannon Street, six cases of goods—I took them to Dowie, another carman, who was at that time loading his van in Tenter Street—I saw the six cases placed in his van, and gave him the shipping-note and the toll-money—the goods were to be taken to the East
India Dock—I saw Dowie leave Tenter Street with them about one o'clock that afternoon.
WILLIAM DOWIE . I was carman to Mr. Davies on 29th November—on that day I received from Southron six cases; they were placed in the tail of the van—I took the van to the East India Docks—I got there about a quarter to four—I then missed two of the cases.
MR. RIBTON called the following witnesses for the Defence:—
JOHN ADAMS . I am a dealer in clothing of all sorts—I know the Clothes Exchange in Houndsditch—I am frequently in the habit of going there—I make purchases every day—I buy from anybody—at times great quantities of coats and trousers are brought there for sale—they are bought from the wholesale dealers, and sometimes at auctions—early in December I saw quantities of coats and trousers taken through the market and being exposed for sale—I did not see the prisoner buying any—I have known him four or five years—I always knew him to be a respectable man—he was in the habit of going to the market daily—I never missed him any day barring Saturday, his Sabbath—unless we entertain suspicions we do not make inquiries of persons who bring things to sell.
Cross-examined. Q. I suppose you generally know the persons you purchase large quantities from? A. No, we do not ask the person's name, or have any receipt; we are not all known to one another, only by sight; we get things as cheap as we can—I do not know Potts the officer—I can't say that I have seen him in the Exchange—I swear that I have seen the prisoner there every day barring Sunday, from 29th November till he was taken into custody; he is very well known in the market.
JOSEPH PHILLIPS . I am a dealer in old clothes, and have been for a great many years—I know the Clothes Exchange in Houndsditch—great quantities of these things are sold there in large and small quantities—a toll is generally paid to go in there, a ½d, 1d. or 3d.—those that pay 3d. are supposed to be country hawkers—I have known the prisoner seven or eight years—I always found him a respectable man—I have transacted business with him, and he with me; he is not a very extensive dealer, he buys and sells the same as a good many more—we are not supposed to take an invoice if everybody that comes into the market, or we should have to take hundreds in a day, because we buy and sell to a neighbour a minute afterwards—there are a few large dealers, and some large firms, and some small ones—you can buy a pair of trousers there for 9d.
Cross-examined. Q. You say the prisoner is not an extensive dealer? A. Well, he buys a coat for 9d. and sells it for 1s., the same as I should do—I have at times known him buy as many as forty coats at a time—I have known him buy old white coats worth 2d. a piece, and I have known him buy large quantities of things at sales, and likewise in the market—sometimes a man brings in a whole bale of clothes and sells them—I should buy of a party without asking any questions; I would buy 500 coats of a man if he brought them into the public market; they are all exposed for sale, and everybody is supposed to buy as cheap as they can, without any questions at all; there are 2000 or 3000 persons there buying and exchanging.
JOSEPH LIPMAN . I am cousin to the prisoner—I know the practice of the market—the prisoner has been a dealer in these sort of things for a long time—they are sold openly in the market—no inquiries are made—if a man comes in with a bale of coats and trousers, and sells them openly
in the market, it is not thought necessary to ask who he is or where he comes from, or whether he has paid for them—I have never known the prisoner charged with any criminal offence—he was in the market in December—I did not miss him at all during December—I know of his buying these things; I did not see him buy them—I saw them about an hour after he had bought them—I saw them exposed for sale in the market—I don't know the man that had them—I should know him if I was to see him—they were laid out loosely for anybody to buy, and about an hour afterwards the prisoner told me he had bought them.
Cross-examined. Q. What were the goods? A. Coats and trousers—this was early in December, about seven or eight weeks back—to my knowledge the prisoner was never taken to the police-court by Wilkinson—he was never taken to the Mansion House and charged with stealing a coat, to my knowledge—I was before the Magistrate when he was charged with this offence—I did not give evidence—I was not called upon—I don't know why—I was there to give evidence if I had been called upon.
COURT. Q. When did you see the person who had these things for sale? A. Early in December; he was offering them for sale in the public market—according to the appearance of them, I should think there were about sixty or seventy articles—they were laid out on a bench or form—there are stalls there—I am sure they were the identical goods that I afterwards saw at the prisoner's place—I don't think I had ever seen the person before.
MR. RIBTON. Q. We understand a toll is paid to go into the market? A. Yes; that goes to the proprietor of the market—everybody pays, whether they go to buy or sell, every day except Sunday—if you go to buy on Sunday you don't pay—that is not the great sale day—there is a great sale every day—thousands of pounds a day, wholesale and retail.
SOLOMON GREEN . I am a pickle merchant—I know the market, but I am not a frequenter of it—I have known the prisoner for the last twenty-three years, we were schoolboys together—on 18th December last I lost my wife; it is our practice to keep confined mourning, and on 26th or 27th December the prisoner was with me keeping a convivial meeting.
Cross-examined. Q. Do you happen to know whether or not between 3rd December and the 26th he went over to Boulogne? A. I know nothing of the sort—I know on 18th December he was at my house—I saw him right up to the morning of 1st January, regularly every day, or nearly every day—I know I saw him during the last week of December—I could not exactly swear to seeing him between the 3rd and the 18th—I saw him nearly every day during the latter part of December.
MARK LEVY . I am a clothier—I have known the prisoner twenty years as a respectable man—in December I saw him in the mart as usual—I did not miss him, only for one or two days; perhaps he might be there in December; I don't know—I did not miss him.
JUDAH GREEN . I am a licensed victualler in Middlesex Street, Whitechapel—I know the mart—I do not frequent it—I saw the prisoner early in December, he came to my house and I lent him 20l. till the evening, to buy some goods—I have lent him as much as 150l. for a fortnight, and he always brought it back—I saw him several times in December—I can't say about missing him—I saw him at my brother's when he lost his wife.
Cross-examined. Q. Did you take any acceptance for the loan? A. No, nor any I O U—I did not charge him any percentage—it was early in December that I lent him the 20l.—I can't say the day; he came and said, "I have bought a lot of clothes in the Change; will you lend me 20l. till the evening?" and I did—I think it was for the very same things that he is indicted for.
ISRAEL WOOLF . I am a clothier and slop-seller—I know this market—I saw the prisoner there in December—I never missed him for any time, not for two days—to the best of my belief he was there two or three days every week.
Cross-examined. Q. Did you see the policeman Faukes there? A. I saw him once or' twice; I had no conversation with him—I generally go there three or four times a week.
Several other witnesses deposed to the prisoner's good character.
MR. GRIFFITHS called
JOHN FAUKES (City Policeman). I received information about this robbery—I am daily at the Clothes Exchange, it is my district—I received an intimation from Potts that if I saw the prisoner to bring him to the station—I looked out for him—I did not see him till I saw him in the dock to-day—I was looking out for him after the other persons were in custody charged with the possession of the things—that was about the 6th—he has not a stall there—I had seen him there daily loitering about with clothes, and dealing with other people in the market; I don't know that he had any particular stall—I did not see him after the 6th.
Cross-examined. Q. Did you know where he lived? A. No; I never knew, though I have known him these twenty years—I am in the mart every day, Sunday and week-day, and I never saw him; it is very crowded sometimes; he might have been there without my seeing him—I made private inquiries about him, of persons I knew—I can't say that they were persons that he knew.
GUILTY of receiving. — Nine Months' Imprisonment .
NEW COURT.—Tuesday, January 28th, 1868.
Before Mr. Common Serjeant.
MESSRS. COLERIDGE and STRAIGHT conducted the Prosecution.
JOHN ROBERT WILSON . I am barman at the George public-house, Brook Street, Holborn—on 17th December, about half-past six, Andrews came in for half a pint of porter, which came to a penny—the landlady served him—he tendered a florin, which she gave to me, saying, "I think this is a bad one, John"—I put it in the detector, found it was bad, and handed it back to my mistress, who asked Andrews where he got it; he said, "My mistress paid if to me"—she took away the beer and he walked out—I received the florin back, broke it in half, and afterwards gave the pieces to G 60—on 6th January both the prisoners came in together, I recognised Andrews immediately—Bray called for a pint of half-and-half, which came to 2d., and gave me a florin—I put in the detector, told him it was bad, and called my master, who asked Bray if he knew that it was bad; he said, "No"—I said, "Where did you get it from?"—he said, "Andrews gave it to me, and I am to receive a shilling out of it"—Andrews said, "That is quite right"—I said to Andrews, "I can prove that you have been in previously, and tendered a bad florin"—he said, "I was never in the place before"—I gave them in charge with the second florin.
Andrews. I said that I knew well that I was in the house before and gave you a florin, but did not know that it was bad. Witness. You did not say anything like it.
JAMES ROBY . I wait in the bar of the Wellington tavern, Brook Street, Holborn—on 1st January the prisoners came in at five o'clock—Bray gave me a florin for a pint of porter—I tried it, gave it back to him, and told him it was bad—I bent it and then straightened it again—Andrews then paid me with 2d., and they drank the porter together.
Andrews. I was never in your house. Witness. I am certain you were.
CHARLES MATTHEWS (Policeman 60 G). On 1st January I was called to the George public-house, took the prisoners, and received this bad florin and the broken florin from Wilson—they were searched at the station—five sixpences and tenpence halfpenny in copper were found on Andrews, and nothing on Bray,
Andrews's Defence. It is not feasible that I should go into the same house a second time with a bad coin within so short a time.
Bray's Defence. I know nothing about the first florin; it was uttered by Andrews, I not being in his company. I met him on New Year's night. I had no work. He offered me a shilling, and we went into the Wellington, where he gave me the florin to change, and take a shilling out of it.
BRAY— GUILTY .**— Twelve Months' Imprisonment .
ANDREWS— GUILTY .— Six Months' Imprisonment .
MESSRS. COLERIDGE and STRAIGHT conducted the Prosecution, and
MR. PATER the Defence.
ELIZABETH HASTINGS . I assist my sister at the post-office, 57, Duke Street, Manchester Square—on Friday evening, 10th January, the prisoner came in for eight shilling postage-stamps—he gave me two half-crowns and three shillings—one of the half-crowns was bad—I told him so, and he said, "Oh!" and took it up quickly, put it into his purse, gave me a good one, and went out.
Cross-examined. Q. Who else was in the post-office? A. My sister, she is not here—the prisoner had been there in the early part of the evening, but I only caught a glance of him—I did not look at his face, but my sister told me—I have only her word for it—I had not served him before or seen his face—he wore a high hat.
JOHN ADAMS MATTHEWS . My master keeps a stationer's shop in Langham Place—on 10th January, about 7.30 p.m., the prisoner came in for 7s. worth of penny stamps—he gave me two florins and 3s., and went away—I put the money in the stamp drawer, separate from the shop money—there were no other florins there—in about ten minutes he came back, nobody having been in for stamps in the meanwhile that I am aware of, and asked me if I would exchange the 7s. worth of stamps for seven shilling stamps, which I did—I had not taken any florins in the meantime—I then went to the till and saw that one of the florins looked bad—I put it to my teeth, found it was soft, and gave it to my master, who put it in a drawer in his room, where there were no other florins—shortly afterwards the prisoner came in a third time for seven shilling postage stamps—he gave me two florins and three shillings—I saw that one of the florins was bad, and said to my employer, in his presence, "This is the third time this man has been in, and he brought me another one"—I went round to the prisoner and said, "This is the third time you have been in, and you have given me two bad florins"—he said, "As the Almighty is my Judge, I have not given you two bad florins"—I said, "I am quite positive you have, and unless you give me your name and address, and tell me where you got them from, we shall have it seen further into"—he at first hesitated, but at last gave his address—a policeman came in two or three minutes after—I accused him—I then asked him again where he got the money, he said that he should be a flat to tell me, and I gave him in custody with the florins.
Cross-examined. Q. Was he the worse for liquor? A. I believe he was quite sober—he did not say, "I should be a flat to have come into your shop and uttered a second florin, knowing it to be bad"—my employer was present when that phrase was used, and I believe he heard it; he is not here—the prisoner did not say that he had been drinking and changed a sovereign or two—my employer had not served in the shop between the first and the third occasion.
MR. COLERIDGE. Q. Will you swear you had not taken a florin between the first and the last time the prisoner came in? A. Yes.
WILLIAM TOOLEY (Policeman 169 E). Mr. Matthews gave the prisoner into my custody on 10th January—he asked the prisoner for his name and address, which he wrote down—he then asked where the postage stamps were which he had bought first—he said that he had posted them—Matthews said, "Why did not you post them at our shop?"—he said, "I thought they would not get there in time, so I posted them down the street"—I examined his hat and found twenty-eight shilling stamps in it—I found on him 3l. in gold, 7s. 9d. in silver, and 2 ¾d., and six penny stamps in his waistcoat pocket—I received these two florins (produced) from Matthews—Matthews asked him to give an account of where he got the money—he said, "I should be a flat to do that."
Cross-examined. Q. Did you hear Matthews say, "You have given me two bad florins?" A. Yes—the prisoner said, "I am a respectable man; I can give you my address"—he did not in my presence say, "As the Almighty is my Judge, I have not"—the employer was the other side of the counter, but said nothing about the florin.
MR. COLERIDGE. Q. What was it that the employer did say? A. He said, "You cannot be a respectable man to give your address there"—he said that he was an upholsterer, and No. 37, Red Lion Square, is a large pen manufactory.
The prisoner received a good character.
GUILTY .— Nine Months' Imprisonment .
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution.
JULIA MARTIN . I am in the employ of Lazarus Alexander, fruiterer, of Holborn—on 27th December, about nine p.m., I served the prisoner with a pennyworth of almonds—he gave me a half-crown—I said, "This is a bad one",—he said, "It is a good one"—I gave it to my employer, who gave him in custody with the coin.
LAXARUS ALEXANDER . I am a fruiterer, of Pitfield Street, Hoxton—on 25th December I received a bad half-crown from the last witness—I told the prisoner that it was bad—he prayed me to let him go, and said that he would not do it any more.
GEORGE BRADSHAW (Policeman). On 25th December I took the prisoner, and received this coin from Mr. Alexander—he was taken to Worship Street station, remanded, and discharged on the 31st—he gave his name, Joseph Brown, 15, Cat and Mutton Fields—there is such a place, but no such number—I found 4s. 8d. in good money on him.
LOUISA MAYO . I am shopwoman to Matilda Mayo, of 160, Old Street—on 3rd January, about half-past Five, I served the prisoner with two ounces of butter, which came to 1¾d.—he gave me a bad half-crown—I broke a piece out of it directly, and asked him whether he had got any more—he said, "No"—there was a tall man with him, and a woman outside—I gave him in custody with the pieces of the half-crown.
JOHN KILCOY (Policeman). On 3rd January I took the prisoner; I asked him where he got the coin from—he said, "From a gentleman in the street"—I asked where he lived—he said, 16, Charlotte Street, Shoreditch, but afterwards gave his address at a coffee-shop in Holywell Lane, Shoreditch.
GUILTY .— Three Years in Feltham Reformatory .
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution.
ARTHUR DEBNEY . I am a baker, of 5, Bride Terrace, Holloway—on 13th January, a little before nine, I heard the prisoner ask my assistant, Ann Gammon, for a half-quartern loaf, which came to 4½d.—she tendered her a half-crown, which she brought to me—I bent it and said that it was bad—the prisoner said that she knew where she took it, and would get it changed—I gave it back to her, and she gave me a good one—I followed her—she joined a man and woman, who were waiting outside—she went into some more shops, and then into Miss Keeble's—the two last witnesses remained outside—she came out with a paper bag, and joined the man and woman, and they all three went into the Carved Red Lion, Essex Road—while they were there I got a policeman—they came out, and the prisoner went into Mr. Crate's shop—I followed her in with the policeman, and
asked Mr. Crate what money she had tendered—he produced a bad half-crown—I said, "If you do not give the prisoner in charge, I will"—he gave her in charge, and I told him in her presence that she had passed a bad half-crown at my place—she said nothing—the man and woman got away.
ANNIE SARAH KEEBLE . I keep a milliner's shop in Upper Street, Islington—on 13th January, about nine o'clock at night, the prisoner came and bought a bonnet shape, price 1s.—she gave me a half-crown—I got change from a gentleman in my parlour, and gave the prisoner 1s. 6d.—I saw her pass my shop next morning with a policeman, and recognised her.
GEORGE OGILVY . I am a sailor, and live at 8, Clarence Road, Islington—I was in Miss Keeble's parlour, and gave her change for a half-crown—next morning I found it was bad—I had one other half-crown, which was a Victoria one, and I noticed the Imperial standard on this when I gave change—I gave it to the policeman.
GEORGE CARATE . My mother keeps a confectioner's shop, at 11, Essex Road, Islington—on 11th January I served the prisoner with sixpennyworth of oranges—she gave me a half-crown—I put it in a bag, where there was no other half-crown, and gave her change—Mr. Debney came in, and in consequence of what he said I looked in the till and found the half-crown was bad—I told the prisoner so—she said that she was very sorry, but she knew where she took it—I gave her in custody with the half-crown.
JOHN DEFFEY (Policeman). I went with Debney to Mr. Crate's shop, who gave the prisoner in custody with this bad half-crown—I also received this other bad half-crown from Mr. Ogilvy—I took from the prisoner's pocket a purse containing a half-crown, a sixpence, and two farthings—no loaf or bonnet shape was found on her.
Prisoners Defence. I was very tipsy. I did not know the coins were bad.
GUILTY .— Twelve Months' Imprisonment .
MESSRS. CRAUFURD and STRAIGHT conducted the Prosecution.
LUCT BARTON . I am the wife of George Barton, a tobacconist, of 104, Central Street, St. Luke's—on 30th December, about seven in the evening, I served the prisoner with a cigar, which came to 1½d.—he gave me a florin—I broke a piece out of it with my teeth, and told him it was bad—he said that it was not, but he would give me another—I sent for a constable, and the prisoner ran away, taking the cigar, but not the change—I had seen him in my shop twice on Christmas Day, and once on Boxing Day, and am sure he is the man, because he was then in a peculiar dress—I afterwards looked in the till, and found I had got some bad half-crowns.
Prisoner. I was never in your shop before. Witness. I am sure you are the person.
ELLEN ELT . On 16th January I was serving in Mr. Watts's shop, a tobacconist, at Hoxton, and the prisoner gave me a bad florin for a cigar, which come to 1½d.—I thought it was bad, and gave it to Mr. Watts, my brother-in-law, who tried it in the prisoner's presence—the prisoner then said, "It looks a bad one"—he gave me back the cigar, having no more money, and ran out very quickly, and Mr. Watts after him.
Prisoner. Q. Did not I refer him to my sister in the Ridley Road? A.
You said that you lived in the Ridley Road; you did not ask me to walk there.
HENRY WATTS . I keep a fancy repository, in Whitmore Street, Hoxton—on 16th January I saw the prisoner in my shop, and Ellen Elt gave me a bad florin, saying that he gave it to her to pay for a cigar—I asked him where he got it—he said that he did not know, and that his name was Saunders or Sanderson, and he lived in Ball's Pond Road—he ran out, and I followed him for three-quarters of an hour, running and walking—he ran down Norfolk Gardens, where two men caught him, and he was taken to the station—I gave the florin to the constable.
Prisoner. Q. Did not you and I walk together as far as Charles Square? A. Yes—I said that I wanted satisfaction, and you said you would give it me if I would come to your sister's—you wanted me to knock at a door where you said she lived, but I refused.
GEORGE TAGG (Policeman 104 N). I received the prisoner from Mr. Watts, and this florin (produced)—I received this other florin from Mrs. Barton—I told the prisoner the charge—he said that he was very sorry, he could not tell where he took it from—next morning he said that he told Mr. Watts that if he went to his sister she would pay him—nothing was found on him.
Prisoner's Defence. I never entered the woman's shop. Had I known the florin was bad, I should not have remained in the shop the time I did, and allow her to call her brother down.
GUILTY .— Twelve Months' Imprisonment .
HARRIET REVENALL . I am barmaid at the Poulterers' Arms, Cheap-side—on Christmas Eve, about five o'clock, I served the prisoner with two-penny worth of rum—he then asked me to make it three-halfpennyworth, and gave me a good half-sovereign—I gave him three half-crowns, a florin, and 4½d., all good—he remained in the bar a few minutes, and then asked me to give him some smaller change for one of the half-crowns; I said that I had not got it—Mr. Evans, my master, gave him change for one of them, which was put down on the counter, and Mr. Evans said, "I cannot take that, it is bad"—a Mr. Perkins, who was standing at the bar, looked at it and said, "I will give you a good half-crown for that, that is good enough," and gave the prisoner a good one for it and he left—on 9th January he came in again about a quarter-past five for twopenny worth of rum; Mr. Evans served him and showed me a bad shilling—I said, "This is the same man who came in on Christmas Eve and passed a bad half-crown to Mr. Perkins"—the prisoner said nothing.
Cross-examined by MR. PATER. Q. Where did you take the change from? A. From the till; I am certain it was good—Mr. Evans assisted in the bar—Mr. Perkins does not, he is a customer—a very brisk trade is done there, and it is impossible to remember every person who enters—the man I believe to be the prisoner was a stranger to me up to Christmas Eve—I did not see him between then and 9th January.
MR. CRAUFURD. Q. Did you recognise him directly you saw him? A. Yes.
WILLIAM PERKINS . I am a packing-case maker, of 22, Bartholomew Close—I was is Mr. Evans's house on Christmas Eve and saw the prisoner there—I have heard what the last witness has said, it is correct—I took up the half-crown and thought it was good—I handed it back to the prisoner, who had three half-crowns in his right hand, and that made four—he took it in his left hand, and said "Do not you believe that is a good one?"—I said, "I do," and gave him a good half-crown for it, and put it in my pocket, with eleven shillings—he went out about a minute afterwards—about three minutes after he had gone I found it was bad, and showed it to Mr. Evans—I locked it up and afterwards gave it to a policeman.
Cross-examined. Q. Are you quite certain he is the man? A. Yes.
WILLIAM LAKE EVANS . I keep the Poulterers' Arms—I was in my bar on Christmas Eve about five o'clock, and somebody, who I believe to be the prisoner, asked for change for a half-crown—he had asked three or four times, and I got it for him, as we were very busy—he wanted small money, I said that we had none, he said that coppers would do—I gave him coppers—I saw that his half-crown was bad before I touched it, and said, "No, not for that"—Mr. Perkins said, "Let me look at it," and the prisoner handed him, I believe, a good one—I did not notice any other half-crowns in the prisoner's hand at that time—Mr. Perkins said that it was good; the prisoner asked for it back and received it; I said, "I shall not take it"—Mr. Perkins then gave him a half-crown for it, and he walked away directly—I am in the habit of packing up a certain quantity of silver in the till and putting it away—I saw my barmaid take change from a packet of 10l., which my wife had made up that morning, and give it to the prisoner—I had got that silver from the Bank of England, as I do every day, 10l. worth—I handed it to Mrs. Evans, and was there when she made it up—on 9th January I was in the bar when the prisoner came in—I served him, and he gave me a bad shilling—I did not touch it—I told him it was bad, and the barmaid said, "That is the man who came on Christmas eve and gave Perkins a bad half-crown"—the prisoner said he did not know it, and put a shilling on the counter, which was returned to him—I gave him in charge with the shilling.
Cross-examined. Q. Did you ascertain that he had recently been employed by Mr. Harvey? A. Yes, up to 4th December.
The Prisoner's Statement before the Magistrate:—"I am innocent of the half-crown, but I gave the shilling, and did not know it was bad."
The prisoner received a good character.
GUILTYof uttering the shilling only,— Nine Months' Imprisonment .
MESSRS. CRAUFURD and STRAIGHT conducted the Prosecution, and MR. PATER the Defence.
ELLEN BROYER . I am employed by Mr. Clack son, a draper, of Marylebone—on 4th January, between five and six o'clock, I served the prisoner Emily with a scarf; she first asked for some garters, and then for some falls, she then bought a scarf, which came to 1s. 0¾d.—she gave me a half-crown, which I handed to Mr. Clackson, and he went into the chemist's—she
left while he was gone—the prisoner Christopher came in in about tea minutes, and took a bag out of his pocket, but I did not see what was in it.
Cross-examined. Q. Are you certain it was the male prisoner? A. Quite—he was not there when the scarf was paid for—the female prisoner said that she did not know the money was bad.
MR. CRAUFURD. Q. When did she say so? A. When Mr. Clackson returned to the shop—I have made a mistake, she did not leave the shop till about three minutes after he returned; he gave it to her outside the shop.
ROBERT CLACKSON . I am a draper, of Hanover Place—on 4th January the last witness handed me a half-crown—I went up into the shop, and found the female prisoner—I told her it was bad, but to be certain I went to a chemist's next door, and had some acid put on it—she said that she would return it to her husband—I was away about three minutes—when I came back I met her about half-way between my door and the chemist's, coming from my shop—I told her it was bad, gave it to her, and she went away towards Park Place; I went into my shop, a constable spoke to me, and she was brought back with the male prisoner, whom I had not seen before—he produced a bag, I saw the contents emptied at the station.
Cross-examined. Q. Did you hear the female prisoner say that she did not know it was bad? A. No, that was not the reason I went to the chemist's.
AARON BELLINGHAM (Policeman 24 D). On 24th January, about five o'clock, I saw the prisoners together, and followed them into Boston Street, where the female went into No. 30, a little grocer's shop, and came out again and joined him—she afterwards went into Mr. Clackson's shop, while the man walked up and down on the opposite side—she came out and joined him, and they went down Park Street together—I followed them into New Street, took them into custody, and took them back to the shop—I was in police clothes, and the man said, "Here is the half-crown, I know you, and I know it is bad," taking it from his pocket and handing it to me—here is a mark on it (produced)—I showed it to Mr. Clackson—the male prisoner had his hand in his left-hand pocket; and said, "I cannot have it in this pocket, it would drop through, as there is a hole," and gave it to me—I took them both to Mr. Clackson's shop, and took from the man mine half-crowns and a florin, wrapped up in separate pieces of newspaper, a good sixpence, and three halfpence.
Cross-examined. Q. Did you go to their lodging? A. Yes, 8, Wyndham Street, they live there as man and wife; I have no reason to believe they are married—they go by the name of Mr. and Mrs. Ross, and are reputed in the house to be married.
WILLIAM WEBSTER . This marked half-crown is bad, and the one uttered is bad, this separate one is bad also; these nine half-crowns and one florin are bad; six are from one mould, and three from the mould of the second half-crown—this florin is bad.
The Prisoners' Statements before the Magistrate:—Christopher Ross says, "The female prisoner has nothing to do with it. I picked up the bag full of coins, and picked out one I thought was good, and gave it to her to buy a scarf." Emily Ross says, "I am innocent.";
William Henry Irving, a fitter, of White Lion Street, gave the male prisoner
a good character, but Joseph Smith, warder of Cold Bath Fields, deposed that he had been six times convicted of larcenies and unlawful possession.
CHRISTOPHER ROSS— GUILTY .**— Fifteen Months' Imprisonment
. EMILY ROSS— NOT GUILTY .
OLD COURT.—Wednesday, January 29th, 1868.
Before Mr. Justice Willes.
MR. PATER conducted the Prosecution, and MR. STRAIGHT the Defence.
HENRY JACKSON . I live at Thames Ditton, and am a lighterman—on Tuesday morning, 21st January, I was in charge of a barge towing through Kew Bridge attached to another barge ahead of me—I saw the prisoner and another boy in a small boat, which they had stolen away; they had no sculls, and had broken a board in halves to paddle with—I heard the man the boat belonged to hallooing to them to bring it back—they tried to make fast the boat to the first barge, the man would not let them, and they made fast to mine, at the forepart; I told them to bring the boat to the stern, as it was easier for the horses to tow—the prisoner was saucy, and said, "You old——, I shall tow where I like"—I said, as he was say, he should not tow at all—he had attached the boat to the painter, I got a broom to let it go—the prisoner said, "If you let the head go, you old——, I will blow your brains out," and he took up a gun as he sat in the boat—I did let her go, and he said, "Let me get a little further off, and you shall have it"—I left the spot, and went towards the cabin, and as I was going down the cabin ladder he fired at me; one shot struck me above the nose, one under the nostril, one under the thumb, and one on the lip.
Cross-examined. Q. Did they bleed? A. The one on the lip did—there was a pretty strong stream that day—I suffered very trifling pain.
MR. STRAIGHT here stated that he could not resist a verdict of unlawfully wounding.
The father of the prisoner entered into recognisances for his appearance to receive judgment, if called upon .
MESSRS. POLAND and BEASLEY conducted the Prosecution, and MR. COOPER
THOMAS LEPRELLI . I am master of the schooner Wave, of Guernsey, now lying at Gravesend—on 3rd November last I was with my schooner at Fayal, one of the Azores, belonging to the kingdom of Portugal—Mr. Dart is the British Vice-Consul there—I received the prisoner from him to bring to this country, and give him in charge to a police officer here—I brought him here, and handed him over to a police officer—we arrived here on 28th November—the ship Fredonia was not at Fayal when I left; she had sailed before I arrived there—on the voyage home I had some conversation with the prisoner about what had taken place on board the Fredonia—he told me that the deceased had been on shore that day, and came on board in the evening the worse for liquor, and said a few words
to him; that he (prisoner) told him he thought he was very drunk; that they had a quarrel, and the deceased drew a knife at him; that he told him he wished he would leave him alone; after that they went to bed, that about ten o'clock they had another quarrel; that the deceased got him in the corner of the forecastle, and made two or three attempts to stab him; that he fended the knife off two or three times with his hand, and he drew his own knife and stabbed the deceased, who fell on the side of his berth, went on deck, fell down, and died—he told me this, not all at once, a little at one time and a little at another—he said the Fredonia was bound from Fayal to Boston—he mentioned this to me two or three times; it was always the same account—he said that he had no intention to do him any harm whatever, but he found he was obliged to in order to save his own life—I have been back to Fayal again since this—I was there at Christmas, and left; on 6th January—the Fredonia was not there then, and they had not heard of her arrival at Boston—I brought over some papers, which I transmitted to the Board of Trade; they were given to me by Mr. Dart, the Vice-Consul, at the same time that I received the prisoner.
Cross-examined. Q. Where was the prisoner when this conversation took place with you? A. On deck—he was allowed the range of the deck—he was twenty-six days under my care—I have been a sailor all my life—he appeared to be a very quiet inoffensive man, that was the impression he made upon me.
MAURICE WALSH (City Policeman 730). The prisoner was given into my custody by the last witness on 28th November—I took him on board the Wave, of London—I told him he was charged with the murder of John Wyers, at Fayal—he said, "I did it in self-defence"—he afterwards said that the deceased and another man went on shore, they returned in the evening, having taken some drink—he said, "The deceased quarrelled with me, followed me about the deck, and in the forecastle attempted to stab me three times with a knife, and then I drew my knife and stabbed him."
Cross-examined. Q. "To save my own life," were not those his words? A. Yes, he added that.
HENRY TAYLOR . I am a clerk in the office of the Registrar-General for Seamen, Adelaide Place, London Bridge—that is a department of the Board of Trade—I produce some depositions, which purport to be signed by the British Vice-Consul at Fayal—I also produce the certificate of the registration of the Fredonia—it is an official copy of the register—she is a sailing vessel—she has never been to this country—I have searched for the purpose of ascertaining—her official number is 43, 020.
The depositions were put in and read, by virtue of the provisions of 17 & 18 Viet., c. 104, sec. 270. They contained the statements of Edmund Burke, master of the Fredonia; Jacob I. Davis, mate; David Clark and William Thompson, seamen; Antonio Joaquim day Silva, Custom-House guard; and Samuel W. Dabney; and purported to be taken in presence of the accused by the British Vice-Consul. In substance they were to the same effect as the statement made by the prisoner to Mr. Leprelli, with the addition of threats made use of by the deceased, and the statement of the mate and seamen that the prisoner always appeared to be of a good and quiet disposition, and was liked by all the ship's company.
The Prisoner's Statement before the Lord Mayor was read as follows:— "We had a row about our suppers. He came on board drunk, but not so drunk as not to know what he was about. He knocked me down and hit
me on the chest, and he had his knife out, and I was obliged to use mine in self-defence, as I have said."
NOT GUILTY .
MESSRS. PATER and J. C. H. FLOOD conducted the Prosecution.
EDWARD MCGILL . I am a seaman on board the Oriana, now lying in St. Katherine's Dock—we arrived there last Friday—on the 12th instant I was officer of the watch—at four o'clock in the morning I struck the bell, and a Frenchman who was on board called the watch—William Dorey, the deceased, was then at the wheel—he was relieved—I heard him call the prisoner, and say, "Go on deck, you b——"—the prisoner said he would go on deck when he was ready—Dorey replied, "Go on deck, you b——son of a b——"—the prisoner gave Dorey a shove; with that Dorey stripped off his oilskin and his monkey jacket, and made a breach towards the prisoner, made a rush at him, and seized him by the throat—I did not hear any more—I heard the prisoner struggle—Dorey was strangling him with his hands round his throat—I then heard a rush of blood against the "paulbit," which is the thing the windlass runs round—I did not see it, because there was no light in the forecastle, only the light of the "bogey"—I heard Dorey say to me, "Ned, I am stabbed"—I jumped up from the seat, and went towards them, and saw the prisoner with a knife in his hand—I took it out of his hand, and ran aft to tell the captain—Dorey had no knife in his hand at the time—he had not one belonging to him—he only lived fifteen minutes after this—he was stabbed on the left side, by the groin.
COURT. Q. You did not see him stabbed? A. No—by strangling, I mean Dorey was choking the prisoner—I signed my depositions before the Magistrate. (The witness's deposition, being read did not contain that statement.)
JOHN LOUIS COLLETT . I am a seaman belonging to the shop Oriana—I was on board on the 12th January—about four o'clock that morning there was a dispute between Dorey and the prisoner—it was a very short quarrel—I prevented Dorey from rushing on the prisoner, and took him by the neck, but Dorey seized the prisoner by the neck, and held him there, and at that moment it was he gave the blow—I can't say whether he had the knife in his hand when I approached Dorey to prevent him fighting—I saw it the instant he gave the blow—he struck the deceased in the groin—I saw the last witness take the knife from the prisoner's hand—after the blow was struck I heard Dorey say, "He has a knife; he has a knife"—he fell perhaps in three or four minutes afterwards—I had been on board with Dorey and the prisoner a month—I never heard any quarrelling with them before, they seemed always on good terms—this (produced) is the knife—the prisoner seemed to regret it very much, and did everything he could to help stop the blood.
EDWARD MCGILL (re-examined). This is the knife that the prisoner used, and which I took from him—it belongs to me—I used to lend it to him for the watch—on deck we only had one knife between three of us—I know that Dorey had no knife.
COURT to J. L. COLLETT. Q. You appear to have said before the Magistrate that you thought the blow was an accident? A. Yes; to the best of my belief I think it was, because the quarrel was so momentary, and I think the prisoner had the knife in his hand at the time—he was in
the habit of carrying it in his pocket—he might have had it in his hand to use, but I am not certain about that—Dorey had the prisoner by the neck, and the blow was given in this manner (striking downwards).
WILLIAM EALES . I am captain of the Oriana—on the 12th instant, at four in the morning, I received this knife from McGill—there was blood on the top of it—it is in the same state now, with the exception of the blood then being wet—at the time this occurred we were about half of our passage home from the West Indies, on the high seas.
JOHN WHATMORE (Policeman 198 H). About half-past two on the 25th I went to the ship, and saw the captain—the prisoner was present—I asked what was the matter—the prisoner said he had a quarrel with a seaman in the forecastle at sea, and he stabbed him and killed him, that he was very sorry for what he had done, and he wished to give himself up—he said the man took him by the throat, and nearly strangled him, and he stabbed him, as he had the knife in his hand, going to place it in his belt—he did not say it was not done intentionally.
COURT. Q. Look at your deposition, and read it carefully? A. I beg your pardon, he did say so; I recollect it now—the vessel was coming in dock as I went on board—I received this knife from the captain.
The Prisoner's Statement before the Magistrate:—"I did not draw the knife on him. I was just going to put it in my belt when he seized me by the throat."
GUILTY. Recommended to mercy by the Jury. — Nine Months' Imprisonment .
NEW COURT.—Wednesday, January 29th, 1868.
Before Mr. Justice Mellor.
MR. J. C. H. FLOOD conducted the Prosecution, and MR. M. WILLIAMS
NOT GUILTY .
MR. PLATT conducted the Prosecution, and MR. WILLIAMS the Defence.
RICHARD HARMAN . I am a labourer, of Green Hill, Harrow—on January 1st, about 9.30, I was going with a team of horses and a load of manure into a field at Green Hill, and saw something lying on the green sward by the side of the lane, which I thought was a bundle of clothes—I touched it with the butt-end of my whip, turned the wrapper over, and found it was an infant—I picked it up and took it to my master—it was dead—I took it to the station and gave it to a policeman—I afterwards went down the lane again with another load of manure, and at the same place, just where the child's mouth had been, I picked up something like a sugar teat—the lane leads into fields, and this spot was 400 yards from the road—one end of the lane, leads into the road—the child was dressed in a large bedgown with a wrapper over it, a sort of stuff thing something like linsey—I examined nothing—it was a frosty morning, very cold—it was New Year's Day—the child was entirely covered—I could see nothing of it—I had to pull the things back before I could see what it was.
Cross-examined. Q. Is it a thoroughfare for carts and vehicles? A. It is only a thoroughfare for the farmers' carts to pass through—there is a beaten track for the farmers to go down.
—it was left there till the doctor came—I produce a brown linsey skirt, which was wrapped over the child, a long night-gown, and a roller—the child was wrapped up completely in them—the head was wrapped up when it was brought there.
COURT. Q. What do you call the articles? A. A linsey skirt of a dress, a roller, a child's shirt, and a napkin—there was no cap.
EMMA COLLEY . I am the prisoner's sister, and lived with her at 7, Stock Orchard Terrace, Caledonian Road—she is a single woman, and is nearly twenty-one—we both worked together at needlework—she was an inmate of Islington workhouse from 13th to 30th December, for the purpose of being confined—I knew she was pregnant—we live by ourselves, our parents are in the country—she came back to my place on the 30th, with a female infant, which appeared about a fortnight old—she stated to me that the child was hers—she stopped with me that night, and left next day about 3.30, taking the baby with her—she had told me the previous day that she was going to take it to the Hornsey Asylum to place it there—I said, "We will try and get it into the Foundling"—she said no, it was not necessary, she was going to place it in the Hornsey Asylum, and was going to take it there the following day—(my father had been to London, and he was very much put out about it)—she left with the infant, and returned to my place at half-past eight, and said that she had got her baby admitted at the Hornsey Asylum, that she found it required a cloak, and she took it in a check shawl, and while the gentlemen were consulting, she made a cloak from the under skirt which she had on—she then sat down by the fire and had some refreshment, and shortly after that she went to bed in the other room, and I went too—that was December 31st—I said, "You appear dull; do you feel parting with your baby?"—she said, "I do feel low-spirited, but I know it has gone to a good home"—I saw the body of a child on the 6th, which I believe was my sister's—when she brought the child to me I looked at it and said that there was a mother's mark on the back of its head—I mean a redness—I did not see any mark over the nose—I saw it at Harrow, but could not see the mark then, because it was in the shell—I saw it in the coffin undressed, and looked at the back of the head to see if I saw the mark, but there was not any mark—I saw some clothes at the Harrow Police-station, which were the child's, as far as I can tell—I made this roller myself—that is what is wrapped round the body, it is crochet work.
Cross-examined. Q. Is she a very nervous person? A. Yes, so much so that she is subject to fainting fits, and hysterical too—I speak to the clothes to the best of my belief; they are not marked.
MARY ANN REYNOLDS . I am a nurse at Islington Workhouse—the prisoner was admitted there on 15th December—she was then actually in labour, and was confined about four hours afterwards of a female child—she remained under my care till 26th December, and then moved into another part of the union—I did notice any particular marks about the child.
WILLIAM ODELL (Police Inspector Y). From information I received, I went to 7, Stock Orchard Terrace, on Sunday evening, January 5, and found the prisoner there—I asked her if her name was Eliza Condor—she said, "No, Eliza Colley"—she was up stairs, I called her down, and she came down into the passage with her sister; Mrs. Noons was also there—I said, "I understand you have been in Islington Workhouse and confined there"—she said, "Yes"—I said, "When did you leave?"—she said,
"Last Monday"—I said, "What have you done with the child?"—she said, "I shall not tell"—I said, "You must tell me where the child is, or you will get yourself into trouble." MR. WILLIAMS contended that this was a threat to the prisoner which would exclude the rest of the conversation.
MR. PLATT submitted that the threat or promise must be made by a person having influence or authority. The COURT (having consulted MR. JUSTICE WILLES) considered that this was a threat made by a person in authority, namely, an inspector of police, and the statement must therefore be excluded.
RICHARD HEWLETT , M.D. I live in the Harrow Road—on 1st January I examined the body of a female infant at the Harrow Station—it was about three weeks old and was quite dead and cold—I made a post-mortem examination next day; there were no external marks of violence, but I noticed a discoloration just above the nose, and at the back of the head—with the exception of evidence of thrush in the mouth and throat, the child appeared to be fairly well nourished—there was slight congestion of the lungs and intestines, the remaining organs were apparently healthy, the heart was contracted on the left side, and the right side contained no blood—in my opinion thrush was not sufficiently developed to be the cause of death—the effect of the exposure of an infant on a frosty morning in January would depend upon the time it was exposed, and upon the conditions in which the child had been previously placed as to its having had food some hours before—if it had been there all night with the temperature at a low freezing-point, and without food, I think the effect would be fatal—I came to the conclusion that it had not been fed for some hours, because the stomach was empty—if the child was exposed the whole night in that condition as to food, that would in my judgment be likely to have caused its death—the congestion would be sufficiently accounted for by the exposure—I believe the state of the heart was caused by the exposure—from the post-mortem examination alone I could not say that the child died from exposure, but the appearances were all consistent with death from exposure—I should not be able to come to the conclusion that it died from exposure without knowing how long it had been exposed, but knowing that it had been exposed all night, I came to the conclusion that that was the cause of death—its having thrush would render it more susceptible of the influence of cold.
COURT. Q. Does the existence of thrush show imperfect nourishment? A. Yes—it generally results from manual treatment—I have heard that the mother is subject to fainting fits—if they came on suddenly, going along a road, they would be likely to deprive her altogether of the power to do anything, supposing the faintness was complete.
Cross-examined. Q. Would the fact of the child having thrush, render it difficult to be fed? A. The soreness would render it more difficult for the child to swallow than if it had not got thrush; the very act of sucking would be painful—the mortality is greater among children fed on bread and milk than among those fed on their mothers' milk—children often die from being deprived of their mothers' milk.
MR. PLATT to EMMA COLLEY. Q. Can you tell me what wages your sister earned in a week? A. We earned between us from 20s. to 30s. a week, but we often received money from home from our father.
COURT Q. Did the baby suck in your presence? A. My sister had lost her milk; the baby was nourished by bread and milk, she fed it shortly before taking it away—I noticed its mouth, and said that it had thrush; I saw it—she fed it several times in my presence—she left home at 3.30, and returned at 8.30.
GUILTY of manslaughter. Strongly recommended to mercy by the Jury .— Ten Years' Penal Servitude .
FOURTH COURT.—Wednesday, January 29th, 1868.
Before Mr. Common Serjeant.
MR. STRAIGHT conducted the Prosecution.
ELIZABETH CURTIS . I am barmaid at the King's Arms, Bishopsgate Street—on the afternoon of 16th January, about half-past two, the prisoner came for half a pint of beer, and paid me with a bad half-crown—I told him it was bad, and then he put down a penny, I took up the half-crown and went away—I called my master's attention to the prisoner as he went out, and he went after him—I made a mark on the half-crown with my teeth—I should know it again.
RICHARD AMOS . I keep the King's Arms—on 16th January the last witness called my attention—in consequence of what she said, I followed the prisoner to the Gresham Stores, in Liverpool Street—he went in at one door and I at another—I heard him call for a screw of tobacco, which was a penny—I heard some money fall on the counter—I then saw the landlord give him some change—I then spoke to the landlord, and he looked in his till and took out a bad half-crown—the prisoner was going out of the door, when Mr. Taylor stopped him—he then charged him with giving him a bad half-crown—the prisoner gave some money back to Mr. Taylor—I gave him into custody—he said nothing—the half-crown was given to the constable.
EWARD TAYLOR . I am manager to Mr. Cooper, who keeps the Gresham Luncheon Bar, in Liverpool Street—on 16th January the prisoner came into the bar and asked for half a pint of porter; he paid with a penny—he then called for a screw of tobacco, which was a penny—he laid down a half-crown—I put it in the till—he then called my attention by asking for a pipe, and I dropped it into the till and gave him the change—Mr. Amos was sitting in the bar at the time—he called my attention to the half-crown, and I found it was bad—I ran after the prisoner, brought him back, and said, "Give me back the money that I gave you just now"—he did so—he was given into custody—I gave the half-crown to a constable.
GEORGE WHEELER (City Policeman 872). The prisoner was given into my custody—I received a half-crown from Mr. Taylor, and took the prisoner to the station—I found on him two bad half-crowns, two good shillings, and 3d. in copper—he said nothing—he was sober.
Prisoner's Defence. I got change for a sovereign. I was nearly drunk.
GUILTY .*— Eighteen Months' Imprisonment .
MR. STRAIGHT conducted the Prosecution.
LUCY JAY . I am barmaid at the Sugar Loaf, Great St. Helen's—on 16th January, about two o'clock, the female prisoner came for three half-penny worth of gin, and paid with a shilling, which I put in the till—about half-past three a Miss Bovington came into the bar to relieve me—I came down again about four; she then handed me a bad shilling, and left the bar—shortly after the female prisoner came in again for three half-penny worth of gin, and then gave me a bad shilling—I said, "This is a bad shilling"—she said she was very sorry, she did not know it was—I took it to Mr. Poole—I told the prisoner that one was found in the till before—she said she had never been in the house before—I am quite sure she had—she afterwards said she had been in and had forgotten the house—I told her a man had been in trying to pass a bad shilling, and it looked rather suspicious—she said she knew nothing about him, and the male prisoner came in a few minutes after and said she was his wife—they were then given into custody—Mr. Poole gave the shillings to the constable.
LOUSIA BOVINGTON . On 16th January I was staying at the Sugar Loaf—I was in the bar between three and four—the male prisoner came in and asked for a glass of stout, which was 2d.—he paid me with a bad shilling—I told him it was bad, and he said he had not sufficient to buy the stout, he must have half a pint of beer—he paid me with a penny—I gave him back the shilling—he then went out very quickly—after he had left I went to the till and found a bad shilling amongst the silver, which I gave to Miss Jay, and I went outside and saw the man twenty or thirty yards from the house—Mr. Poole went up to him and asked him to go in and see if he knew anybody there—he came in and said the woman was his wife—she did not say anything to that—they were given into custody.
FRANCIS SHELTON POOLE . I was in the Sugar Loaf on this occasion—I saw the male prisoner in the bar—my attention was called to him as he went away—I was told he had tendered a bad shilling—the woman was not with him then—she came in about half an hour after he had gone out, and tendered a bad shilling—I looked at it and found that it corresponded with the other—I told her I should detain her—I asked where she got the shilling from—she said she had got it in exchange for some old boots—I afterwards went outside and saw the man; when he saw me he walked towards Leadenhall Street—he came into the bar a short time after, pointed to the woman, and said, "That is my wife"—I then sent for a constable, and gave them into custody.
Eliza Barnsfield's Defence. I was not aware it was a bad shilling. I bought some boots and got the shilling change.
Witness for the Defence.
ELIZA KING . I live at 41, King Street, Lambeth Walk—the female prisoner is my daughter—I believe she is married to the other prisoner—they have lived together about two years, but she has been at Home for the last five months.
ELIZA BARNSFIELD— GUILTY .— Four Months' Imprisonment .
RICHARD BARNSFIELD— GUILTY .— Nine Months' Imprisonment .
WILLIAM SMEE . I am a police-constable attached to the Post Office—in consequence of something that had taken place, I was watching the place where the coats were hung—this coat (produced) belongs to Mr. John Gardner, who is employed in the Post Office—on last Saturday evening, the 25th January, about twenty minutes to six, the prisoner came down into the passage—he loitered for a minute where the coats were hung, took this one down, and put it on—he was going away as fast as he could, when I stopped him and said, "Is that your coat you arc putting on?"—he seemed very much surprised at the moment and said, "Oh! no, I forgot; I left my coat in the cart"—I said, "What cart do you mean?"—he said, "The T cart that is standing now in the yard opposite the lobby door; I go backwards and forwards to Lombard Street"—I told him it was not the first coat that had been taken, and he said it was the first he had taken—I took him into my room, and then went to the cart—I found a coat on the driver's seat, which has since been identified as one stolen from the same place—I had procured Mr. Gardner's coat for the purpose—the prisoner seemed to come from the direction of the yard into the office—he did not go anywhere, only loitered about and took the coat.
JAMES FINCH . I am a stamper in the General Post Office—on Saturday evening, about ten minutes to five, Same gave me a coat, with instructions, and I hung it up in the passage—it belonged to Mr. John Gardner.
JOHN HALL . I am a sorter in the General Post Office—on the 10th of December I hung my coat in the passage—when I went to look for it it was gone—I gave no one authority to take it—I next saw it when it was produced by the officer Some—this is it.
STEPHEN HIGGS . I am a mail-cart driver, in the service of the Post Office—on Sunday, the 5th January, I bought this coat of the prisoner for two shillings, he wanted half a crown—when I heard that some coats had been stolen I took it to Guildhall.
GUILTY .— Eighteen Months' Imprisonment. There was another case against the prisoner .
188. ROBERT NICHOLLS (19), LEGER HENRY PELTRET (55), ANN PELTRET (41), and GEORGE PELTRET (24) , Burglary in the dwellinghouse of Stephen Field, and stealing thirty-five coats and other articles, his property. Second Count—Receiving.
GEORGE PELTRET PLEADED GUILTY . He further PLEADED GUILTY to having been before convicted.**— Seven Years' Penal Servitude .
MR. COLLINS conducted the Prosecution, and MR. PATER defended Leger Henry Peltret and Ann Peltret.
STEPHEN FIELD . I am a clothier, of 108, Green Street, Bethnal Green—I live in the Whitechapel Road—on the 18th December I had a large quantity of coats, guernseys, and other things in the house, amounting to about 600l.—on the morning of the 19th I went to the shop as usual—I found it all in confusion, things thrown on the floor, and some of the racks perfectly empty—I missed property to the amount of about 60l., consisting of coats, shirts, guernseys, and other things—on the 21st December the police sent for me to go to 4, Type Street, to see if I could identify some goods—I went there, and identified all the goods there as mine—I afterwards went to 5, Essex Street, and there I identified a lot of goods—I also identified a guernsey which had been pledged at a pawnbroker's.
Cross-examined. Q. Are you sure that the things were not sold to anybody? A. Quite sure.
CHARLES BENJAMIN MARSH . I live at 108, Green Street, and am in the service of Mr. Field—I sleep in the house—on the 18th December I saw the shop shut up safely about half-past eleven—the doors and windows were all shut, the same as they had been before—the different articles were all arranged on their shelves the same as before—next morning I went into the shop about a quarter to eight—I found one of the shutters forced in, and a pane of glass cut out of the warehouse window, where the shutter had been taken down—the hole in the glass was large enough to force the shutter in—I got the keys and went into the shop, and found that a large amount of goods had been taken away—there was a heap of coats piled up by the window, the other things scattered about the shop—they must have forced the shutter in and then unfastened the window.
JOHN CARNEY (Policeman 386 K). On the 21st December, from information, I went to 4, Type Street—a woman opened the door—from what I said to her I was shown into the down stairs back room—I saw the elder Peltret there—I asked him where his son George was—he said he was out—I asked him what time he went out—he said, "He generally goes out about half-past seven; I very seldom see him"—he said he only occupied that room—I asked him if he knew anything about any coats, trousers, and other things—he said no—I then pointed to a bed in the corner of the room and said, "Who sleeps there?"—he said, "My son George"—I then pointed to two overcoats and said, "Who do those belong to?"—he said he did not know—I then sent William Hunt, 125 K, to Mr. Field—when he came he identified the coats as his property—I looked in a box by the side of the bed, and there I found some more things, which Mr. Field identified—I found fourteen coats, six pairs of trousers, one tablecloth, two gowns, two pairs of stockings, one dress length, three black silk capes, one blue blanket, three woollen shirts, and other things in Type Street—the box was unlocked—the two overcoats were lying on the bed—the prosecutor identified all those things—the prisoner said he had another residence, but his son George never went there—he said it was No. 5, Essex Street, Bethnal Green—I went there afterwards, and found Ann Peltret there, the wife of Leger Henry Peltret—I told her
that her husband was in custody for having a quantity of clothes in his possession, and that I came to search the place—I went to a back room on the second floor—I found two gowns hanging on the bedpost, five children's' frocks in a room up stairs, and one in a cradle, all identified by Mr. Field—I asked her how she accounted for the things—she said the childrens' things were hers at first; but when Mr. Field said they were his she said she did not know who brought them or how they came there—she was taken into custody—I took the younger Peltret on the 5th January.
Cross-examined. Q. Are the two elder Peltrets man and wife? A. Yes.
GEORGE COX (Policeman 443 K). On the 21st December I was on duty in Green Street, and saw Nicholls there—from information I received, I took him into custody—I charged him with selling a duplicate relating to a stolen guernsey—he said he got it from George Peltret—I took him to the station.
WILLIAM HARRIS . I live at 2, Harrold Street, Bethnal Green, and am a smith—I know Nicholls—on the afternoon of the 20th December he asked me to buy a ticket for a guernsey—it was for 1s. 6d.—he wanted a shilling for it—I said I did not want it myself, and afterwards my son bought it—I gave him the money to buy it with—I sent Howell to redeem it.
EDWARD HARRIS . I am in the service of Thomas Gardner, of Mile End, and am the son of the last witness—on the 20th December I bought a ticket of Nicholls for a guernsey—I gave him a shilling for it—I afterwards saw the ticket given to Joseph Howell.
JOSEPH HOWELL . I am a labourer, and live at Harrold Street—Mr. Harris sent me with a pawn-ticket to Mr. Telfer's pawnshop, and they gave me a guernsey for the ticket—I met a policeman as I was coming out of the shop, and from what he told me I took it to the station.
JOSEPH COLEMAN . I am in the service of James Telfer, pawnbroker, 424, Hackney Road—on the 20th December George Peltret and another man, who I believe to be Nicholls, came to our shop and pawned a guernsey, which was redeemed the same day by Howell—this is it (produced).
Nicholls. Q. You say on the 20th December you think I came in to pawn a guernsey; how could I be in your shop when I had sold the ticket two hours before to Mr. Harrison? Witness. A. The guernsey was redeemed between five and six. COURT to EDWARD HARRISON. Q. What time did you buy the ticket? A. About six o'clock—it was not very much after or before—I live about ten minutes' walk from Mr. Telfer's.
MR. COLLINS. Q. When did you next see Nicholls? A. At the station, with two or three others—I told the constable I believed him to be the man.
Nicholls. The officer opened the door, and the man looked in; the officer said, "Do you know any of them?" and you said, "No."
Witness. That is not true—I never said I did not know you—I picked you out, and said I thought you were the man.
WILLIAM HUNT (Policeman K 125). I went with Carney to Type Street, and saw the elder Peltret there—he said he only had one room, the one he was in—I helped to search the place, and found a quantity of property—he was asked whether the property could be brought into the house without
his knowledge—he said at first it could not, and then he said it could, as he did not sleep in the house.
Cross-examined. Q. Have you said that before? A. I made use of the words, but it might not have been taken down.
Nicholls's Defence. I was standing at the top of Mr. Palmer's factory on the 20th December with George Peltret. I asked him for twopence; he said, "Here is a ticket of a guernsey; get it out and wear it."I had no money to get it out. I took the ticket and said I should sell it. I saw Mr. Harris, and asked him to buy the ticket; his son afterwards came to me and said he would buy it for nine pence. I said no, and he then offered me a shilling. I gave it to him. I spent sevenpence. I heard that Mr. Harris was taken up for buying the ticket. I said I knew nothing about it, and I was told to go to the station to clear myself. George Peltret gave me the ticket in the presence of four or five men.
ALFRED DOVE . Between two and half-past on the Friday before Christmas I was passing the factory, and saw Nicholls and Peltret talking—I heard Peltret say, "I have got a ticket of a guernsey I can give you"—I knew him by working in a brickfield last summer—I did not hear anything else or see any ticket.
Cross-examined. Q. This was at half-past two on Friday? A. Yes—we were not standing together, I was only passing—I only know Peltret just being about the neighbourhood—I live in East Street—Nicholls lives in Green Street, in the same street as Mr. Field, nearly opposite—I have never been to Nicholls's house—I only know he lives there.
BENJAMIN ADAMS . I saw Peltret and Nicholls standing in Green Street, and saw Peltret give Nicholls a ticket for a guernsey—it was on the Friday before Christmas, between two and half-past—I saw Dove there—we were altogether.
Cross-examined. Q. Were you all standing together there? A. Yes—the ticket was not openly shown, I was about three or four yards off—I don't know that it was a ticket for a guernsey—Dove was with me, looking on.
SAMUEL BARWICH . I was passing between two and half-past on the Friday before Christmas, and saw George Peltret and Nicholls talking together—I heard Peltret say, "I have got a ticket of a guernsey I can give you"—I did not see any ticket.
BENJAMIN NICHOLLS . The prisoner is my son-in-law—he goes by my name—his own name is English—I did not hear of the burglary till the constable came for my son—he was at home on the 18th December at half-past eight in the evening, and went to bed about that time—I was at work in the same room till half-past one—I got up in the morning at five, and found him there asleep—he got up about ten.
Cross-examined. Q. Does he get up at ten always? A. No, he had nothing to do at that time, and had no occasion to get up—I went before the Magistrate, and he told me to defer my evidence till to-day—I asked the Magistrate if I could be heard, and he said no—my son sleeps in my work-room on the first floor—another of my sons sleeps with him; he is not here—I sleep on the ground floor—his brother sleeps in the same bed; he is working at Old Ford—he has worked there for two years on and off—he is twenty-eight years old—he is a single man.
LEGER HENRY PELTRET received a good character— NOT GUILTY . ANN PELTRET— NOT GUILTY . NICHOLLS— GUILTY . He was further charged with having been before convicted, to which he PLEADED GUILTY.— Eighteen Months' Imprisonment .
JAMES MUSSON . I am a tie-maker, and live at Golden Lane Court, Aldersgate Street—Mr. Gooding is my landlord—on the 10th January I saw my wife give the prisoner a sovereign to pay the week's rent, 7s. 6d., and to buy a postage stamp and a packet of envelopes—when she came back she gave me me 12s. 4d. change—she also gave me this book (produced), with this entry, "January 6th, one week, 7s. 6d." with no initials—I asked her to whom she paid the money—she said, "Miss Boyce, the young lady in black, who generally takes it"—I said, "What curious writing!" and she said, "Miss Boyce was very busy, and she stood all on one side when she wrote it."
FLORENCE AUGUSTA BOYCE . I am in the service of Mr. Goodinge—Mr. Musson is his tenant—I have several times received money from the prisoner for rent; she did not pay me any money for rent on the 10th January—this entry for 7s. 6d. is not my writing—I do not know the writing at all—it is not true that I was in a great hurry and wrote all on one side.
The COURT held that there was no larceny, the change never having been in the possession of the master.
NOT GUILTY .
MR. CUNNINGHAM conducted the Prosecution.
ALFRED WEEKS . I live at 64½, Church Lane, Whitechapel, and am manager to Mr. Henry Watts, bookmaker—about a quarter-past five on the morning of the 7th January my attention was attracted by a noise in the shop like a breaking of glass—I got up and went into the shop, and, not seeing anything the matter, I went to bed again—I had not been in bed two or three minutes when I heard the same noise again—I jumped up and put my trousers on, and ran out a back way into Church Lane—I saw three men and a woman run away from the shop shutters in the direction of Union Street—I followed them at the corner of Church Lane until they turned into Union Street, when I lost sight of them for a moment—when I came to the corner I saw two men and a woman on one side of the road and one man on the other—I called, "Police!" as loud as I could, and I heard somebody say, "Split out"—directly I heard that two of the men started one way, and the man and woman the other—I can swear to Kelly as being one of the men—I ran down Union Street, and the two men, Kelly being one of them, turned into Holloway Street, and then into Mulberry Street—I knew that by going back I could get to the end of Mulberry Street before them—when I got to the corner I saw them coming up Mulberry Street—I called "Police!" again, and they went running back—there was a man standing at the corner of Mulberry Street, and I asked him to watch that end of the street while I went round to the other—I ran to the other end and saw Kelly run past me—he was alone then—I ran after him down the Commercial Road, and caught him in Berners Street—I gave him into custody—I am positive he is one of the men—I returned to the shop and found the shutter had been forced and the glass broken, and there was a boot hanging half-way out of the window—I saw the place all safe the night before, and shut it up myself.
Kelly. Q. Did you see me run from the shutter? A. Yes, there is a gaslight near the place—I did not see you first in Monkwell Street.
JAMES FARROW . I live at 30 Greenfield Street, and am in the employment of Messrs. Coope and Co., brewers—on the morning of the 7th January I was in Union Street, and heard a cry of "Police!"—I looked round and saw two men, who I believe to be the prisoners, with a female, running, followed by the prosecutor, in the direction of Mulberry Street—Holloway Street is just between Mulberry Street and Union Street—I stayed where I was till the prosecutor came up to me at the top of Mulberry Street—the prisoners ran nearly up to us—he pointed them out to me, and then ran back to the other end of the street—I stood in the dark, and Spurdan ran up to me; I caught him and gave him into custody—I am sure he was of the men I saw running in Union Street.
Kelly's Defence. I was running from Mulberry Street to the Commercial Road when he stopped me. I asked him what he wanted, and he gave me into custody.
Spurdan's Defence. I was looking after a day's work. I am innocent. KELLY— GUILTY . He was further charged with having been convicted on the 3rd December, 1862, to which he PLEADED GUILTY.— Ten Years' Penal Servitude . SPURDAN— GUILTY .**— Five Years' Penal Servitude .
GUILTY.— Judgment respited.
THIRD COURT.—Wednesday, January 29th, 1868.
Before Mr. Recorder.
MR. PATER conducted the Prosecution.
CHARLES FORD . I live at 210, Holloway Road, and am a hatter—the house is my employer's—about a quarter to seven on the evening of the 7th of this month I left my room quite safe, and returned about a quarter to eleven, when, hearing a noise, I went through the room on to the leads, and found some bundles of clothes there, most of them mine—this box had been removed from my room—I left this belt in the kitchen, and saw it taken from the prisoner at the police-station—I value these things at 10s.; there are others missing.
JOHN YEOMAN . I am a hatter, living at the same place as last witness—about a quarter to ten on the night of the 7th instant I went out, leaving the back door open—I returned about a quarter after ten, and heard the dog bark—the window was then shut—I opened it, and saw the prisoner standing against the wall—he said, "All right, you b——"—I slammed the window down, and Mr. Henderson, hearing the noise, ran down stairs—I saw the belt produced taken from the prisoner at the station.
SAMUEL HENDERSON . I live at 212, Holloway Road, and am a tailor—between ten and eleven on the night of the 7th of January I heard a noise in the next house, and went and found the window of the sitting-room on the first floor open—I saw the prisoner on the adjoining leads,
and went and took hold of his collar and called for assistance—I saw the belt taken from him.
JAMES HENRY ELMS . I live in the Downs Road, Hackney—I am a clerk on the Stock Exchange, also a special constable—I was passing along the Hollo way Road on the night of the 7th at about a quarter before eleven, when I heard cries of "Police!" and, looking up, saw the prisoner and Mr. Henderson struggling on the roof of a shop—I made my way to them—Mr. Henderson asked who I was—I told him I was a special constable, and he gave the prisoner into my charge—I produced my warrant, and the prisoner asked if I meant to take him to the station—he then asked me to allow him to put his boots on—I asked him where they were; he said, "In the back yard."
FREDERICK ABERLINE (Policeman 24 Y). I went to examine the premises—it had been snowing—I noticed the snow was off the back wall, and then noticed footmarks close to the watercloset—I then found the boots, which I took to the station and asked prisoner if they were his; he said, "Yes"—the marks on the wall would correspond with the boots—I found a coat also, which prisoner owned, and in the pocket was this belt.
Prisoner's Defence. They took me to the station and pitched these things in front of me and said I took them; I knew nothing about them. I was going in the house, and they caught me and took me into custody.
GUILTY .*— Eighteen Months' Imprisonment .
HENRY JAMES CASEY . I am manager of the Commercial Clothing Company, carrying on business in Cheapside—in December last the prisoner came about some boys' clothing, and took three suits to choose from—I asked him to leave 3l. 10s., and he gave me a cheque on Robarts and Co.—he returned two suits—I should not have parted with those clothes if he had not left me the cheque—he once previously gave me a cheque, which was honoured.
SAMUEL AUSTIN . I am a salesman of the Commercial Clothing Company, and was present when the prisoner took three suits away—he returned two on the following Monday morning—I gave him 2l. 5s., balance of cheque, change—he kept one suit, value 1l. 5s.—the cheque was taken to the bankers and returned to us.
Prisoner. Q. Have I not suspended my account before for eighteen months? A. Yes—it was recommenced on August 31st, 1866—it was again closed in October by drawing 10l. 14s. payable to self—since then he has had no account.
EDWARD HANCOCK (City Detective). I took the prisoner into custody on a warrant on the 13th January—I asked him if his name was Royce—he said, "Yes"—I read the warrant to him and took him to the Bow Lane Police-station—he said he expected money to be paid into the bank—I searched him, and found duplicates, but no money—I found this receipt for 1l. 5s., signed, Samuel Austin.
Prisoner's Defence. I had no intention to defraud Mr. Casey or the prosecutor
in any way whatever. Mr. O'Brady, 14, Bermondsey Wall, owed me money, which I intended to pay into the bank, but he absconded, and that misfortune has placed me in this position.
MR. CASEY (re-examined). I received this letter. (Read:—"London, December 16th. Dear Sir,—Please hold the cheque which I paid you till I see you, as I ought to have a large sum paid to my account at Robarts and Co., and have received a letter from the party, saying it will not be to hand till Monday next. Your attention will be esteemed a favour. I am, Sir, yours truly, James Royce.")
The prisoner received a good character.
GUILTY .— Four Months' Imprisonment .
MR. WOOD conducted the Prosecution.
BARNETT HARRIS . I am a clothier, residing at 82, East Street, Walworth—I went to Castle Street at eight o'clock on the evening of the 31st December, and was waiting for some one to open the door—I heard a knocking—I looked to see what was the matter, and prisoner caught hold of me, searched my pockets, and took my watch—he kicked me on the leg—I held him to save my watch, and he dragged me from Castle street—he knocked my hat against the wall and a lady came out—I was not able to speak—the lady cried "Murder!"—a policeman came at last and took the prisoner away, and he said he would pay me out for it.
COURT. Q. How many of them were there? A. Three.
SARAH HARRIS . I live at 35, Newcastle Place, Whitechapel—on the evening of the 31st December, about ten minutes past eight, I heard a noise against my shutters, which were not fastened—I was alarmed and went out, and saw the prosecutor struggling at my door—I cried for help—a constable came at last—I never lost sight of the prisoner.
RICHARD HAMMOND (Policeman 54 H). Shortly after eight o'clock in the evening of the 31st I heard cries and went to Newcastle Street—I saw the prisoner struggling with the prosecutor, and took him into custody.
JAMES SCOTT SEQUEIRA . I am a surgeon—I examined the prosecutor on 2nd January, and found contused wounds in the face and on the shoulder, neck, and leg—he also suffered from internal injury to the throat, was extremely hoarse, and could not speak loud—I attributed the injury to the throat to external pressure.
GUILTY .— Five Years' Penal Servitude .
MR. METCALFE conducted the Prosecution, and MR. RIBTON the Defense.
THOMAS EARLY SMITH . I am a clothier at Houndsditch—the prisoner was in my employment as assistant cashier—his duty was to pay the work people on their producing tickets for the amounts—he had 7l. 10s. given him on January 4th for that purpose—it was his duty to enter the sums in a small book—here are several items: "Ford, 15s. 4d., Flewitt, 19l. 8d."—these and the other entries are in his handwriting—the tickets are then put on a file—on the 8th of January the prisoner had gone out with a traveller and handed me his accounts—on his return I told him I could not make them right—there were entries he had not paid—I then accused him of
robbing me, and after some hesitation he said, if I would forgive him, he would repay me—I gave him in charge.
Cross-examined. Q. You told him the accounts were wrong and you could not set them right? A. This money was wrong—the prisoner's handwriting shows what he paid away, and mine what he received from me and the balance the previous night—on the 8th he professed to have 30s. in hand, but I found he had not—the entry of the 4th is made under that date—I cannot account for an erasure there—the prisoner had kept these accounts about six months—he was under his uncle first, who left.
Cross-examined. Q. Did you receive money on the 2nd, 7th, or 10th? A. I cannot remember—I am sure about the 4th, because I never work on a Saturday—we are paid by the piece.
Cross-examined. Q. What is the date of the last day you received money? A. I do not recollect the exact day—I have at times sent for money instead of going—the last sum I received was 3s. 9d.—I do not recollect when I received 18s., in December, I am not clever enough to tell the day.
SAMUEL FLEWITT . I live at 71, Church Lane, Whitechapel, and work for Mr. Smith occasionally—on the 4th instant I received 1s.—I did not receive 19s. 8d.—I received no money on the 3rd—there are two clerks, the "taker-in" and the "cashier"—one takes the work and gives a ticket for the money, and the other gives the money.
MR. SMITH (re-examined). I took this ticket from the prisoner's file, and added the words in red ink—those marks of "paid 10s., &c," are in the prisoner's handwriting; "Cohen, 14s. 5d." is in the prisoner's handwriting, that is on the 1st January.
MR. RIBTON. Q. Have the witnesses had no work this year? A. They had had no work for nearly a fortnight previous to my detecting this—there are about 120 items entered, which should not have been—Cole is the person who examines the work—I did not bring him here, because it was thought unnecessary—Cole is invariably present when money is paid to workmen, though not necessarily—the items in this book are in Cole's handwriting—the prisoner made his entries in the other—"Flewitt, 3rd January, 1s.," is in the prisoner's handwriting—all the entries are made the same day as the money is paid—he had 12s. 6d. a week.
JOHN HAWKES . I am a detective officer—I took the prisoner into custody on a charge of stealing sums of money from his employer—Mr. Smith pointed out the discrepancies, and the prisoner asked him to forgive him—I searched him at the police-station, and found a watch and chain, a knife, a pipe, 5s. in money, and a diamond ring—he said he picked up the ring in Wormwood Street yesterday—in looking for information on the following morning I could not see that any such ring had been lost in our neighbourhood, and when I told him that he said, "It is no good telling an untruth; I bought it with some of the governor's money."
GUILTY .— Six Months' Imprisonment .
MR. COLLINS conducted the Prosecution, and MR. STARLING the Defence.
ELIZA PHELPS . I live at 4, Hot Water Court, Golden Lane—I am the wife of Edward Phelps—on Sunday, 12th January, between twelve and two in the morning, as I was in bed with my three children, I heard knocking at the door—I got up and opened it—two men were there, who said they wanted lodgings—I said I had only lodging enough for myself and children—Michael Ryan struck me on the jaw, which almost made me senseless—I was so startled I couldn't see what he had in his hand—William Ryan stabbed me with a knife in the chest, and said he meant to do for some of us that night—I was not dressed—the wound bled very much, and I went to a doctor, who dressed it—some people came up, and the prisoners were removed—I went to bed again—a short time after I heard another noise, and the door was burst in—I slipped my frock on again, got out at the other door, and cried, "Police!" "Murder!" an officer came and took William Ryan into custody.
Cross-examined. Q. How long was it between the first and second visit? A. About an hour—Margaret Brown and Finnity came up before they went away the first time—I never saw either of them in my life before—it is not true they had been drinking gin at my house the same night and disputing as to the payment for it—it is not true that one of the prisoners asked for a quartern of gin and I said, "You had better have a quartern and a half"—William Ryan did not ask for his scarf—I had been a-bed since eleven o'clock—I did not see a scarf on either of them—I did not know if they had been drinking—they seemed sober enough—there is a lamp close to my door, so that I could plainly see the prisoners and the knife, which was like the one produced.
MARGARET BROWN . I live at 2, Robin Hood Court, Golden Lane—between twelve and one on the morning of the 12th I heard cries of "Murder!"—Robin Hood Court leads into Hot Water Court—I ran into Hot Water Court, and cried, "O my God, don't kill the woman"—William Ryan was holding her by the ear, while the old man was hitting her with something suspended from his wrist—I saw William Ryan stab her—John Finnity laid hold of him by his coat—I put my arms round Mrs. Phelps's neck to try to save her, when the old man hit me on the head—Mrs. Phelps and I went into her home—I then went home—an hour after I heard other cries, and went into the court—William Ryan said he would do the same as the Frenchman did.
Cross-examined. Q. What did you come out for? A. To get a constable—I had seen the prisoners before, but know nothing of them—I had never seen them in Mrs. Phelps's house before—I was never there myself before—I do not know that Mrs. Phelps sells gin.
Michael Ryan. Q. Have you seen me before? A. Yes.
JOHN FINNITY . I live at 2, Hot Water Court—I heard cries of "Murder" on the night in question—I saw William Ryan had hold of Mrs. Phelps by the hair of her head, and the old man hitting her with a life-preserver—I said, "Oh! you cowards"—the old man said, "Give it to them, Bill," and the other sprang from the woman—I tried to get the knife away—one of the prisoners said, "I'll rip you up like Harrington was"—I struggled with them, while Margaret Brown took Mrs. Phelps away—they went off, but came back in an hour, and I saw them taken into custody.
Cross-examined. Q. How long have you known Mrs. Phelps? A. I only know her husband—I was never in her house in my life till that morning—I did not hear any dispute about the change—I did not see a regular fight there.
Michael Ryan. Q. Were you not in the house when I asked for my change? A. No.
GEORGE HUNT (Policeman 84 G). About two o'clock on the 12th January I was in Golden Lane, and heard a cry of "Murder!"—I went to Hot Water Court, from whence the cry proceeded, and saw the old man running away—I stopped the young man and took a knife from him, which he had in his hand—Michael Ryan escaped at the time—I had seen the prisoners previously rushing about like mad men.
Cross-examined. Q. Do you know the prosecutrix? A. No—I do not know that gin is sold there now—it used to be formerly, but not within the last two or three years.
MR. COLLINS. Q. Were they different tenants then? A. Yes.
GEORGE EUGENE YARROW . I am a surgeon, at 86, Central Street—I went to the station at half-past two o'clock on Sunday morning to see Mrs. Phelps—I found an incised wound just above the collar-bone—the knife produced would inflict such a wound—the wound was not punctured; had it been, it must have been serious.
Michael Ryan. Q. Didn't I halloo out "Police?" A. No.
Witnesses for the Defence.
THOMAS RYAN . I live at 51, Golden Lane, and am the brother of William Ryan—I remember the night in question—I know Mrs. Phelps's house—Police Constable 38 came up and told me I had better go and look after my brother and father, as they were bleeding like pigs—when I came up I saw my brother at the door of Mrs. Phelps's, the private gin-shop—my brother was asking for his hat and scarf—I went away, because my brother told me the woman had taken up a knife, and he had taken it from her.
Cross-examined. Q. You did not come up till the end of the disturbance? A. I came when the police constable told me they were bleeding—I have been in trouble myself—I had two years for assaulting a policeman—I have been in trouble twice since—I came from prison last in 1865—I have been before the Magistrate since for assaults, and have had fourteen days and also six weeks, since—I work for Mr. Bryan.
OURT. Q. When you saw the prisoners bleeding, did you leave them there? A. I went to look for a policeman.
ANN DORAN . I live at 51, Golden Lane—I am the wife of Charles Doran—I went to the place on this night where they sell gin in Hot Water Court—Mrs. Phelps keeps it—she was there, and so was John Finnity and the woman he lives with, Margaret Brown—I heard William Ryan ask for a quartern of gin—Mrs. Phelps said, "You had better have a quartern and a half, as I have got a mug that holds it"—the gin was to come to 7 ½d.—she would not give him his change—then they got up a row amongst themselves, and quarrelled with one another—Finnity's woman stood up and threatened to gouge William Ryan's eye out—Finnity said, "I owe it to thee, and now I will give it thee"—then there was a regular fight with pokers, and what they could get—I left them to get a cap for William Ryan.
Cross-examined. Q. When did you see your husband last? A. I have not seen him since the explosion at the House of Detention at Clerkenwell—I live in the same room as last witness, but not at night—the two prisoners live in the same house—I did not see William Ryan stab at Mrs.
Phelps—Finnity, Brown, Mrs. Phelps, and the two Ryans were at the gin-shop when I went in, the same room I went in—I am sure I was there—I dragged the two prisoners away. COURT to Police Constable G 84. Q. What state were the prisoners in? A. They were bleeding—I did not see last witness there.
GUILTY of unlawfully wounding. WILLIAM RYAN**— Five Years' Penal Servitude . MICHAEL RYAN— Twelve Months' Imprisonment .
OLD COURT.—Thursday, January 30th, 1868.
Before Mr. Justice Willes and a Jury composed half of foreigners.
197. JOHANN MORELLI (26) was indicted for the wilful murder of John Henville. He was also charged on the Coroner's inquisition with the like offence. MESSRS. F. H. LEWIS and BESLEY conducted the Prosecution, and MR. STRAIGHT the Defence.
LEWIS SHEPHERD . I am a waiter at the Prussian Eagle, in Ship Alley—on the night of 17th January last I was in front of the bar about eleven o'clock, and saw a coloured man standing before the bar—he was talking to a shipmate of the prisoner's and seemed rather quarrelsome—he had a knife in one hand and a pipe in the other—I took the knife from him and put it behind the bar—he was the worse for liquor—I then went up stairs and saw no more.
Cross-examined. Q. He was a black man, was he not? A. Yes, a negro—he was not a big man—I should call him a middling-sized man, and about nineteen or twenty years of age—I was up stairs most of the evening, coming down occasionally for orders—there was dancing going on up stairs—the black man had been up stairs in the course of the evening, a long while previously—the prisoner's shipmate, a Dutchman, had also been up stairs—I was not in the bar when the black came down; he was down there when I came down—he had been from the dancing-room half an hour and ten minutes—I did not see the prisoner in the bar, I saw him on the stairs; that was just previous to my seeing the black with the knife in his hand—he was then talking to the prisoner's shipmate; he did not seem to be very angry; he did not seem to be doing anything with the knife—I took it away from him because he seemed rather quarrelsome—he had been quarrelsome before—I took it away from him to prevent mischief, partly because he was quarrelsome, and partly because he was the worse for liquor—there were several persons before the bar—we have a great many seamen at our house—when they are drunk they are rather jovial and jolly—the black had been quarrelling with several persons previously—I did not see him strike the prisoner in the face or tear his coat—I did not see the prisoner's face bleeding.
MR. LEWIS. Q. Is that (produced) the knife you took away from the deceased? A. Yes, I think it is—I did not observe whether he was cutting tobacco with it.
WALTER JACOB . I keep a refreshment house in Ship Alley, Wellclose Square—between eleven and twelve on the evening of 17th January I was in front of the bar at the Prussian Eagle—there were ten or twelve persons there—I did not see the prisoner there at first; I saw the deceased there; he was the worse for liquor—I saw him and a Dutchman having a row, jangling words—my back was towards them for a time, and when I turned round I saw the prisoner strike the deceased with his fist in the
face—the deceased then took hold of the prisoner and tore his coat—the prisoner then put his hand to his side, and made an attempt to draw something—I did not see anything—I put my hand on his shoulder, and told him not to do that there, it was not allowed—I believe the prisoner and deceased were put outside almost directly after—the prisoner was outside the door first, but they were both out nearly together; I think they were touching when they were going out at the door—I followed them and stood on the step of the door, with my back against the door—I saw the deceased strike the prisoner in the face with his fist—it staggered the prisoner a bit—he reeled back about three yards—as soon as he recovered himself he walked up to the deceased, put his hand to his side, pulled out a dagger, and put it into his belly—I believe this (produced) to be the dagger—the prisoner ran away directly—I ran after him, and as he ran I saw him throw the dagger away over the railings in Well close Square—I continued running after him, but my shoe burst and I fell down—I afterwards met sergeant Barnes, and went with him to the spot where I had seen the prisoner throw the dagger, and we then found this instrument—it was about four yards inside the railings, sticking point downwards in the ground—the prisoner was quite sober.
Cross-examined. Q. The Prussian Eagle is situated in an alley, is it not? A. Yes, Ship Alley—it is a long narrow passage; the public-house is at the top, which leads into Well close Square—when the men were turned out they were in Ship Alley; they would not have more than ten or twelve yards to go to get into Well close Square—I was before the bar when the wrangling first commenced between the deceased and the Dutchman—I did not see the prisoner at that time; I was merely there casually—the persons in front of the bar were seafaring men; some were foreigners—a great many foreigners use the place—I did not see the prisoner come down stairs—I first saw him on turning round when I heard the rowing between the deceased and a man in a brown coat, whom I took to be a shipmate of the prisoner; he was a foreign sailor—that is not the man I call the Dutchman—I had not seen the deceased strike the prisoner, the first I saw was the prisoner strike him—from that time till he ran the knife into the man about two minutes elapsed—when he was struck outside by the deceased he rolled up against some shutters—the deceased was not a very powerful man; he was shorter, but rather stouter, than the prisoner—when I saw the prisoner in the house his face was not bleeding; afterwards he was bleeding from the eye—I should say that was most likely done by the blow from the deceased's fist—I did not notice whether he wore a ring—I did not see any knife in his hand then—I had seen the knife taken from his hand, and put behind the bar—that was five or six minutes previously.
HENRY HAWKINS . I am a grocer, 39, Wellclose Square—my house is about eleven yards from the Prussian Eagle—on the night of the 17th January, about eleven o'clock, I saw the deceased and the prisoner come out of the Prussian Eagle together—I saw the black man (the deceased) strike the prisoner a rather severe blow, it nearly knocked him down; indeed, he would have fallen if it had not been for the shutters behind him—when he recovered himself ho put his hand to his side—I could not see anything that he drew from his side, but he took his hand from there and struck the deceased in the belly—the deceased hallooed out as a person would who was hurt severely, doubled himself up, and fell down—the prisoner ran away—scarcely a quarter of a minute elapsed from the
time of their coming out of the house till the prisoner ran away—it was done instanter—I followed the prisoner, and saw him throw something away—I never lost sight of him till he was taken into custody.
Cross-examined. Q. How far were the deceased and the prisoner from the public-house door when you saw him draw something from his side? A. The deceased was about one step from the door, about a yard from it, not further—that was in Ship Alley, outside the house—after the prisoner struck the deceased he went up the alley into Well close Square—when the prisoner was struck by the deceased he staggered back against the shutters two or three steps—he did not go on to the ground—he did not fall on his knee—he went backwards, and fell right against the shutters.
FREDERICK MCKENZIE . I was house surgeon at the London Hospital when the deceased John Henville was admitted, about half-past eleven on the night of the 17th January—I examined him and found a wound in his left side about two or three inches below the ribs—it was about two inches long, and from it protruded a large amount of intestine—on examination I found four wounds in the intestine—there was only one wound externally, but it went through two layers of intestine—there was a large amount of blood in the cavity of the abdomen—he was in a state of syncope, very low and depressed—he died in about thirteen or fourteen hours—he made a deposition before a Magistrate before he died—he was then very low, certainly too ill to be able to recover—he was aware of that fact—this dagger would produce such a wound—he died of that wound—I was present when he signed his deposition, and saw him sign it. (The deposition of John Henville was put in and read, as follows:—" I belong to the Punjab—I was among the foreigners—I ran down stairs with my guts in my hand when the fellow stabbed me—I did not surely know who he was before—it was in Ship Alley—my shipmates had left—I was rather stupid with drink, and the stupid foreigner poked the knife into me through revenge—I did not know who he was.") The deposition was taken in the presence and hearing of the prisoner.
Cross-examined. Q. Did you see the black man there? A. I did—I do not remember seeing the prisoner—the black was rather the worse for liquor—he was quarrelling with the people—I remember a man coming up to him and saying, "Do you mean me?" and he made a blow towards the black, which I prevented—I don't know who that man was—I have heard that he was a shipmate of the prisoner's, he was a sailor—he had on a brown coat—I put the black out of the door about eleven o'clock that night—I did not see him come in again—the next I heard was that he was stabbed—that was about ten minutes afterwards—I was in the room up stairs, and occasionally coming down for orders—I saw no knife either in the prisoner's hand or in the black's—I saw the witness Jacobs in front of the bar—I do not recollect seeing the prisoner at all that night—I think I think I had seen him in the house once before.
WILLAM HOLLO WAY (Police Inspector H). The prisoner was brought to the station in custody about a quarter-past eleven on the night in question—I took him to the hospital about twelve o'clock, and saw the deceased there being attended to by several surgeons—he appeared to be in great agony from the wound—he gave the name of John Henville, aged 19—I
took a statement from him at the time, as I was told the wound was likely to prove fatal, and I thought it advisable to have the man identified in his presence-this is what I wrote at the time (reads) "Do you know that man in front of you? I do, with the scar on his face Do you know anything about him? God forgive him! May he not commit another such a sin. JOHN HENVILLE (his mark)-the Spaniard has stabbed me." The prisoner was then in front of him-the deceased was a native of St. Kitt's, in the West Indies—he was a negro-the prisoner heard what he said—he made no observation whatever-this dagger has been in my possession ever since it was produced by Jacob—it fits the sheath that has been produced.
Cross-examined. Q. Did you see the prisoner immediately after the occurrence? A. Yes, as soon as he was brought to the station by the constable—he was bleeding from the left cheek just under the eye—it appeared a grazed kind of wound, not very deep-the blood was drying on it—it was not dressed at the station, I don't know whether it was at the hospital—I cannot say whether the deceased had a ring on his finger—I saw the body shortly after his death, he had no ring on then.
MR. LEWIS. Q. I see by the depositions that two or three witnesses were examined before the Magistrate to speak to the prisoner's peaceable disposition? A. Yes, two or three of his shipmates attended to say that he was a quiet peaceably-disposed man.
MR. MCKENZIE (re-examined). I did not notice the wound on the prisoner's cheek particularly; it was not severe when I saw it; there was simply a little blood about his face under the eye—I should say it was not done with a knife—I did not examine him closely, I was not asked to do so; it was not serious at all.
The Prisoner's Statement before the Magistrate:—"I was coming down from the dancing-room; when I came down I saw a black man having a row in the bar, and the Dutchman got hold of him. I passed, and the black got hold of me by the coat and tore my coat. I said, "What have you done this for? I did not say anything to you;" and he hit me in the face; I hit him back again. When I hit him back again he took the knife up. When I saw the knife I ran out, he after me. As soon as he came out running after me he hit me in the face and shoved me down. I got up; I felt my face and felt blood. I thought he had cut me with the knife. I did not know that the knife had been taken from him before he left the house. When I felt the blood, and saw him coming back to me, I thought he was going to stab me, because I saw the knife open in his hand before we came out of the house; that is all I have to say. I was afraid he was going to stab me. I would not have done what I did if I had not seen the knife first in the house." COURT to WALTER JACOB. Q. Was the black on the steps when he was stabbed? A. No—outside in the alley-there is only one step leading from the house into the alley—he was down in the middle of the alley when he was stabbed.
GUILTY of manslaughter. -Eighteen Months' Imprisonment .
MESSRS. SLEIGH and LEWIS conducted the Prosecution.
be had to communicate an important matter, and that he wished to speak to an officer of the Embassy, but only one—he spoke in German—I said that we were all officers of the embassy, and that he could say what he knew—I communicated with the Baron von Schmidhals, and he and the prisoner went into, another room-after a short time he came from the room, and went out—on the 9th he came again—I had no conversation with him then—on the 10th he came, and I had some conversation with him—he told me that Mr. Emerich had come from Paris about six months ago, and that he had lived here in very needy circumstances with him at 1, Osborn Place, Whitechapel, on the money that he, the prisoner, had given him—he said that Emerich was a Hanoverian, and a soldier of the Hanoverian army, hut that he had nothing to do then, that he was a very desperate man, and that he had the intention as long as he had known him to kill the King, of Prussia—he said that Emerich was in communication latterly with high persons, and that he had received very much money—I afterwards went with the prisoner to some place where he had said he had been with Emerich-the first was 14, Hinde Street, Manchester Square-that was the house where he said Emerich had been sometimes, and where he had received money—we afterwards went to 20, Eaton Place, where the Baron Blome resided-that was also pointed out to me by the prisoner as a house where Emerich had received money-Baron Blome was the representative in this country of the late kingdom of Hanover.
Prisoner.Q. Did I communicate with you first or with Baron Schmidhals? A. You first sent a letter in, and then you said, "I have something to communicate," and then Baron Schmidhals took you into another room—I read the letter before giving it to the Baron, this is it-(translated and read: "Sir, I should like to have the honor to be able to speak to you in a matter where no time can be lost. Yours respectfully, Gustave. 8th January, 1868.") When you took me to Eaton Place you knew who lived there, because you had said the day before that Baron Blome lived there, and you would show me the house where he lived-that was on the 9th, when you came to the Embassy, and on the 10th I went with you to the house of Baron Blome-you said on the 9th that Baron Blome was the gentleman who had given the money-you had previously written a protocol at the Embassy, in which the Baron's name was mentioned-you did not mention the Baron's name on the 8th, but on the 9th you said the person you meant was Baron Blome, and when we went on the 10th to the house you said, "This is the house where Baron Blome lives"-when we returned to the Embassy on the 10th I told you that the whole statement you had made up to that time was entirely unsatisfactory, and not complete—I told you then that if you could give some more correct information to return next day, but only in case you could really say something correct—I asked you to accompany me to the places where you had been with Emerich, and you did so—it took you about three hours to find out Hinde Street-when you went away on the 10th you said you would return in a week to know the result—I told you to come back in two days, but under the condition that you should bring correct information—I told you on the 9th to return next morning under the same conditions—on the 10th I asked you whether you would accompany me to a gentleman who knew Emerich well—I asked you to show me the house where Emerich lived, and to show me the friends he frequented, in order to ascertain from them whether Baron Blome or the other persons you mentioned were concerned in a plot of that kind-(looking at a letter) this
is not my andwriting—I do not know whose it is—it is not Baron's Schmidhals's—I told you over and over again only to come back in case you had some correct positive information to give-you came on the 11th at one o'clock—it is possible I ordered you to come at three, as I was rather engaged at the time-you came, and I asked you to go with me to your lodging, and show me the place where Emerich kept his things-you went with me to a former lodging, where you both were living, and then to another-you showed me the cupboard where Emerich kept the Orson bombs and shells—I did not see any—I gave you a shilling in the evening, and you wished to return it-you said you would return all the money I had given you before, and would have no more to do with the matter—I had given you 11s. in all-you said you should leave London for Berlin—I told you that I gave you the shilling out of my pocket, because the Ambassador was not in town.
OTTO, BARON BLOME . I was formerly the political epresentative of the King of Hanover in this country as Envoy Extraordinary—I am now residing at Fleming's Hotel—I did reside at 20, Eaton Place, until the 27th December last, for a year—I am not acquainted with any person of the name of Emerich—it is not a fact that I for an hour had onversation with him at my house in Eaton Place; I never had any conversation with him—I do not now him—I certainly never conspired with him to compass the death of the King of Prussia, nor ever gave im money, either as a premium or with the intent that he should assassinate the King of Prussia—I heard the papers read at the police-court-there is not the least foundation for the contents of them.
RICHARD, BARON SCHMIDHALS . I am Secretary to the Prussian Embassy-these two documents (produced) were written by me on the 8th and 9th of January at the prisoner's ictation-they bear his signature and my own. (Read:—"London, 8th January, 1868.) I lodged here in London for upwards of six months with a certain William Emerich, who stated himself to be a Hanoverian officer, and that he had arrived from Paris. At first this person was entirely without means, but after a while he received money from various sources, among others from a certain Hanoverian Baron, who resides in Eaton Place. Ultimately Emerich became continually more mysterious, and talked about a duty he had to fulfil: he must avenge George, his King, on the King of Prussia. I drew his attention to the fact that in reality Count Bismarck was the instigator, but he persisted in his view. Yesterday he suddenly startled for Berlin, and I have just now received this letter. As Emerich is a desperate man, and asserts himself to be in posession of Orsini shell, I felt myself in duty bound to give information about his criminal intention. Further interest in the matter I have not, as I am not a Prussian subject. Emerich is a member of the Society of aithful Hanoverians, and lived here without work, and, as I believe, on funds which were placed at his disposal. Signed, Gustave Victor." "London, January 9th, 1868. The Baron of whom I made mention yesterday is, as I have just ascertained, the Baron Blome. I was myself with Emerich at Baron Blome's about three weeks ago, and waited outside the house. I don't know if Emerich has had personal interviews with Baron Blome. The interview that he had three weeks ago lasted about an hour. Emerich has on other occasions, doubtless, received assistance from Baron Blome, as he changed directly after leaving him a sovereign at a public-house. Signed, Gustave Victor." This is the letter referred to in the first of these papers:—"Cannon Street Station. My dear Gustave, in
hurry I write you only these few lines as adieu. I put thee on thy oath to keep the promise that thou gavest me. Farewell, and pray for thy faithful friend, Wilhelm Emerich. If God will give me His blessing I will return to London. Farewell." In consequence of these communications with the prisoner I felt it prudent to communicate with my Government in Prussia by telegram, on the 9th.
Prisoner to BARONS CHMIDHALS. Q. On the 8th, when I first came to you, did not I tell you the story simply, before you took it down in writing? A. Yes—I then took some paper and said I would take it down in writing—I did not put down every word exactly you said, but I put down the sense of what you said, and I asked you at every sentence whether it was true, whether that was what you wanted to say-you said you went with Emerich to the house of Baron Blome, and that he came out with some money-the document does not say that Emerich told you the Baron had anything to do with this affair-you never declared it to me very positively, but you showed me in all you said that you meant it-all you said pointed to that-you said that for the first fortnight or three weeks you had kept Emerich entirely, that you gave him the sums he required—I do not recollect your saying that he was obliged to pawn his things to get what he wanted to live upon-you never asked me for any money-you said you should not require any money before I had ascertained that your statement was true-you did not exactly ask me for money, that is, you did not beg for money, but all your manner impressed me with the belief that you wanted some, and I gave, you a trifle, 5s.—I only had once to do with you—I know nothing about 2s. being sent to a friend of yours—I only gave you 5s.-you said all you required was that I should take the necessary measures in Berlin, and then I should find out the truth of it.
JURY. Q. You say you only gave him 5s., and that you only had once to deal with him, but it appears by the two protocols that you had twice to deal with him? A. I understood the question asked me was, whether I had assisted him twice with money—I certainly saw him twice, but I only gave him money once, that was on the 9th.
WILLIAM REIMERS (Police Sergeant 1 A). I first saw the prisoner in the presence of Mr. Reeck, on the 8th, at my house—I was ill at the time-the prisoner did not know then that I was a police officer—I was not then engaged in the matter—I was afterwards ordered by my superiors to take it in hand to find a person of the name of Emerich—I went to No. 1, Osborn Street, Whitechapel, to look after Emerich—I could not find him there, or hear of him or the prisoner either—I saw a number of Germans—I made inquiries there with reference both to Emerich and Victor, but could not hear anything of either of them-Victor lived there in the name of Nelkein, but no one knew him by the name of Victor—it it was on the 15th that I went there—I made inquiries at No. 12, Thrawl Street, Whitechapel-the prisoner gave me that as Emerich's residence—I could not hear or find anything of him there—I went to five other common lodging-houses, but I could not find nor hear anything of him at either of them—I asked the prisoner to introduce me to a person who knew Emerich; that was on the 16th January—he introduced me to a foreign Jew at the London Pavilion-that man told me something about a Mr. Emerich-before I saw that man the prisoner gave me a description of Emerich, and the man at the London Pavilion gave me quite the reverse
description-Victor described him in the presence of Mr. Reeck as a man thirty-six years of age, as tall as me, and I am six feet, with dark brown hair, and a moustache fairer than his hair—he said the first four months of his acquaintance with him he was dressed very seedy, and the last two months he was dressed like a gentleman-the description which the other man gave of Emerich was, that he was about twenty-two or twenty-three years old, with black curly hair and a dark brown moustache, and always dressed like a gentleman—I said to him, "Always?" and he said, "Yes, always, during the six months I have known him, and always had plenty of money, and lived in a French hotel in Leicester Square"—in fact he said, "I have dined there with him"-when he said that, the prisoner made a sign to him, and the man then said, "In fact, I am so confused, I have been drinking; another time I will be able to give you a better description"—I said to him, "Where can I see you?"—he said, "I have business in Whitechapel, but I live at Brompton, but if you write to me in the name of Mr. Simon, at Gatti's Coffee-house, Adelaide Street, Strand, I will meet you anywhere"—I have inquired there, and no Mr. Simon is known-the whole of this conversation took place in the prisoner's presence, and in the presence of Mr. Kenipe, a friend of Baron Blome's-the prisoner speaks as good English as I do.
Prisoner. Q. When you saw me make a sign as you say, to the other man, why did you not mention that to me, or ask me about it? A. Because I wanted to satisfy myself about all the lies you told, not only a portion of them-when I first came and asked for Victor you were called three times, and did not answer—I then wrote a letter, and told the manager to take it to you, and say it was brought by somebody from the West End—I was not three yards from the man when he gave you the letter, but you did not see me—I wrote it at the lodging-you said to me, "I wish you would ask the Prussian ambassador for some clothes," and I said I would speak for you-you said likewise, "I must have means; you see I am a respectable man"—I said, "I see what you are by your face, and I shall treat you accordingly," but I did not say you were a respectable man.
LOUISA LAVIES . I am a servant at 14, Hinde Street, Manchester Square-Mr. Kenipe and Baron Klincke live there—I recollect the prisoner and Mr. Reeck coming there-the prisoner asked me if Mr. Emerich was at home—I told him there was no such name in the house—he hesitated a little time, and thought I had made a mistake, and asked me if I was sure he did not live theree—no such person did live there at any time while I have been there—I don't recollect what day this was-Mr. Reeck only called once on me-both Mr. Reeck and the prisoner asked whether Emerich was there-they asked me if he lived there—I understood that to be the question—no person of the name of Emerich that I know of had ever been there—I do not know the name at all.
Prisoner. Q. Did they give any description of Emerich? A. No—I asked my mistress if it could possibly be Mr. Kenipe's clerk—I did not know his name-you did not ask me when I had seen Emerich, nor did I say he had been there a day or two before, and if you liked to see him you could find him at Baron Blome's—I do not remember hearing my mistress saying such a thing-Mr. Reeck did not ask me for the Baron's address, nor did I say I did not know—I did not hear my mistress say so—she was on the stairs and came down to hear what you had to say.
MR. REECK (re-examined). The prisoner told me that 14, Hinde Street,
was a place where Emerich had got money—he did not say that he lived there-when we went to the house the last witness said that Emerich did not live there-the prisoner showed me the house as a house where Emerich had got money—I asked for Emerich, and the answer was, that no Emerich had been there, and that she never saw him.
Prisoner. Q. Did the lady ask you what you wanted? A. Yes, and I said I wanted to take a cup of tea with Emerich-you had said to me, if Emerich was there, what should we say, and I said, "We will say, will he take a cup of tea with us"-the lady did not say we should find him at Baron Blome's—she said a gentleman named Duve sometimes came to the house, who was the person spoken of as clerk to Mr. Kenipe, and also clerk to Baron Blome, but no Emerich-you did not give any description of Emerich that I remember-the person who was referred to as the clerk is in Court.
JULIUS KENIPE . I live at 14, Hinde Street, Manchester Square—I am a Hanoverian, in the service of his Majesty the King of Hanover—I do not know a person of the name of Emerich—I never gave a person bearing or assuming that name any money for any purpose whatever—I was abroad from 12th November to 6th December.
Prisoner. Q. During September, October, November, December, were you or some other gentleman always in that house as the representative of the King of Hanover? A. Except during the time I have mentioned, from 12th November to 6th December, there was always one, Baron Klincke or I, in the house-except persons who have pensions from the King of Hanover, old servants who have served here in England under the Duke of Cumberland, nobody has received money in that house.
The prisoner, in a long address, through the interpreter, entered into a detailed explanation of the different interviews he had with the Baron Schmidals, and the other witnesses, as indicated in his cross-examination. He declared that he had no object in what he did but that of relieving his mind of the secret with which he had been entrusted by Emerich; that he compromised no one, and, so far from desiring to obtain money, he had determined upon returning the few shillings that had been given to him, and should have done so but for being taken into custody. In the course of his address he put in letters addressed by him to the Prussian Embassy, of which the following are translations:—"London, January, 13th, 1868. Sir, I am sorry I cannot come myself, being busy; if you have need of me, please to give my friend, the bearer of this, a few lines for me. It will be very agreeable to me if you do not trouble me any more, and I am sorry I cannot render you any further assistance in this affair. Please to receive the assurance of my profoundest esteem and devotion. (Signed) Gustav Victor." "London, January 14th, 1868. Sir, It is my duty to address yet a few lines to you. My friend tells me that you will give me a reward if I can to-day discover the residence of Emerich for you. You know that I have run about in rain and storm last week, and that my health was jeopardized in this weather. I have not even recovered the expenses I incurred in riding every time into the City and back. If you are an intelligent man, and on the whole know to appreciate a man who can render you such a service, you
will understand that I cannot lose my time this week about an affair which brings me in nothing, and interests you more than me. Until now I have only done my duty, and now, if you want to have a proof that my informations are correct, I will guarantee to tell you within twenty-four hours that Emerich is in Berlin, &c. You will understand yourself that I cannot present myself to a respectable person in the state in which I find myself at present; if you give me the necessary means to present myself respectable in three houses I am ready to find out the affair in a few hours. If you will do your duty, you will give my friend a cheque for a clothing magazine and a little money to buy necessaries. It is impossible for me to gain the end in view in any other way, as you will understand yourself, and it is the highest time now for that, as my reason tells me, perhaps. Receive the assurance of my profoundest esteem and devotion. (Signed) Gustav Victor."
GUILTY.— Judgment respited.
NEW COURT.—Thursday, January 30th, 1868.
Before Mr. Recorder.
199. WILLIAM HENRY WEBB PORTER (32) , Stealing, on 30th August, a promissory note for 78l. 10s. 4d., and 75l. in money, and on 31st December an order for the payment of 218l. 5s. 10d., of James Farquhar Morice and another, his masters.
MESSRS. SLEIGH and POLAND conducted the Prosecution, and MR. WILLIAMS the Defence.
JAMES FARQUHAR MORICE . I am an insurance broker and underwriter, in partnership with Mr. Dixey-the firm is Morice and Dixey-the prisoner has been in our service about seven years, up to September last—he was chief counting-house clerk and book-keeper, and had a salary of 170l. a year—we placed full confidence in him up to the time of his discharge-the clerk who was first at the office would open the letters from our customers-this (produced) is the banker's cash-book; it was the prisoner's duty when I was out of town to enter in it all money received, but I keep it when I am in town—I was out of town in August, 1866-this promissory note for 78l. 10s. 4d. is indorsed by my firm-this letter (produced) is written by the prisoner, and addressed " P. A. Van Es and Co., Rotterdam," but the address is not his writing—we have telegraphed for it, and have got it back from Rotterdam. (This was addressed to "P. A. Van Es and Co." and signed "W. H. Porter" acknowledging the receipt of their letter enclosing 78l. 10s. 4d., 13l. 5s. 10d., and other sums.) Messrs. Van Es's letter of 27th August, to which that is a reply, after advising the drafts, says that they remit an order for 78l. 10s. 4d. on the Alliance Bank, and 13l. 5s. 10d., which is to be placed to their credit-when the prisoner received a promissory note it was his duty to enter it in the cash-book-this entry in the cash-book, "P. A. Van Es and Co., Alliance Bank, 78l. 10s. 4d.," is in the prisoner's writing—it was his duty to pay in this promissory note to our account at the Union Bank of London, with other money received on that day—he had no authority to take that note to be cashed over the counter, either to cash it himself or to get it cashed—it should have been paid in to my credit for the Union Bank to collect-this entry, "Insurance Ledger, Captain Welch, 75l," is in the prisoner's writing-Captain Welch remitted that sum in notes, in a
letter from Newcastle-whoever opened the letter would hand it to the prisoner, with the contents, and he would enter it in the cash-book-the addition of that day, including the 75l. from Captain Welch, and the 78l. 10s. 4d. draft on the Alliance Bank, makes 834l. 0s. 8d.—it was the prisoner's duty to pay that sum into the bank, and before doing so he ought to make out a slip to hand to the bankers, containing the particulars, the same entries as are in this book-this credit slip (produced) is in the prisoner's writing-the total is 834l. 0s. 8d., but I found no entry of the 78l. 10s. 4d., or of 75l. in money—it corresponds in everything except those two items—here is an entry of "Cheque 116l. 6s. 9d."-this entry in the cash-book, "6th September, 108l.," is in the prisoner's writing; he ought to have paid that into the bank-this slip of 6th September is in the prisoner's writing; it ought to correspond with the entry in the cash-book-these items added together make 108l. 13s. 11d.-the slip contains cheque 5l. 6s. 4d., cheque 13l. 2s. 3d., and notes 100l., making 118l. 7s. 7d., but there is a deduction of 9l. 13s. 11d., the slip says "Out," reducing it to 108l. 13s. 8d.-this cheque (produced), dated December 31st, 1866, for 218l. 5s. 10d., to J. and E. Vanner and Co., is drawn by my firm on the Union Bank; it is in the prisoner's writing, and signed by Mr. Dixey—we received money for Messrs Vanner and Co., and paid them once a month-this sum was owing to them at that date, and it was the prisoner's duty to pay that cheque to them—he had no right whatever to cash it at our banker's, or cause it to be cashed—it was his duty to cross it, but it is not crossed-in August, 1866, I said to the prisoner that the books were very much behind, and in such a confused state that I had been talking the matter over with my partner, and we were talking of employing an accountant to look thoroughly into them—he afterwards came into my private room, and said that he had been talking the matter over with another clerk, and thought it was an unnecessary expense to employ an accountant, and if I would give him time he would be there late, and another early, and would soon, get the books all square—I said that it was useless, we bad quite made up our minds to employ an accountant to look into matters, and he had better go on regularly with his own work, and the lee way would be gone into by the accountant—we dismissed the prisoner in August, or early in September, 1867, I have not got the exact date, and a day or two afterwards I obtained his address, Marion Villas, Dalston, and addressed a letter to him, which I gave to the junior clerk, Mr. Glynde, to stamp and post—it is his duty to enter the letters in a book and account for the postage.
ARTHUR GLYNDE , junior. I have an entry here written by myself, "Mr. Porter, 1d."-the 1d. means postage—in the ordinary course I should stamp the letter for the purpose of being sent to the post-letters stamped by me would in the ordinary course be posted by me-this letter would be posted by me-the entry is on September 7th—I never make an entry unless I stamp the letter, and if I stamp the letter I put it into the post.
Cross-examined. Q. Do you remember posting this particular letter? A. No, but I have no doubt I stamped and posted it—I do not remember how it was addressed—I post all the letters in the office; if I am not there they are left on my desk for me to post when I come in; I am out sometimes.
J. F. MORICE (continued). The prisoner did not come to me at all after that letter was sent—we then communicated with our solicitor, and
then with the police; and on the Monday following the day the letter was written I went with an officer to Marion Villa, Dalston, No. 6, I believe, to find the prisoner—I was able to find the house to which I addressed the letter, but could not find the prisoner there-the letter has not come back—I went more than once, and on 11th September I obtained a warrant for his apprehension—we had bills printed and circulated at the police stations offering a reward—I next saw the prisoner at the Mansion House four or five weeks ago.
Cross-examined. Q. Is it a fact that the books were very much behind when the prisoner took them? A. Yes, seven years ago-Mr. Griffiths managed them-Mr. Dixey never kept the general books, he kept an underwriting cash-book, which the prisoner took to some years ago-mistakes were not discovered in that book before the prisoner took it-the prisoner had to keep entirely a set of books in double entry by himself, and to check and superintend three other sets of ledgers, and in point of fact to superintend the business of a moderate-sized office-account 150, 000l. a year would pass through his hands-there is an account with W. H. Porter in the ledger, he would sometimes ask us to exchange a cheque for him, which we did-his salary when he first came was 100l. or 120l.—I cannot say whether it was 80l., it was the salary he asked for, and he got it-there were no arrears when Mr. Dixey kept the underwriting account, he is here—an underwriting account ought be kept right, and if it is wrong we check it and put it right-there are trifling errors sometimes in the accounts rendered to us, and we put it right—in the panic of 1866 we gave directions to the prisoner to get rid of all cheques as soon as possible, and not to trust any one more than was necessary-the 78l. 10s. 4d. was somebody else's promissory note remitted to us by Van Es—we received no portion of that on that day—I can say that the proceeds of that promissory note were not paid in to our account at the bank, but I do not know about any portion of it, as he mystified the accounts—I know that a 50l. note received for this very bill by the Alliance Bank, was paid into our bank-there would not be a hurry to make up the account to 31st August—I must have been absent that day-when I was absent the prisoner had to discharge part of my duties as well as his own.
JURY. Q. Does the promissory note appear in the bill-book, or was it entered as cash at once? A. It was entered in the bill-book by the prisoner, but the entry is cancelled, that is the 78l. 10s. 4d., and in the prisoner's writing here is "See banker's book"-this is the banker's cash-book.
JOHN MATTHIAS . I am a cashier in the Union Bank-this slip of 834l. is dated 31st August-the, cheques and cash specified on this slip were paid into the account of Morris and Dixey—here is no account of 75l. in notes or money here—no promissory note for 78l. 10s. 4d. was paid into that account-a cheque for 116l. 6s. 9d., dated 24th August, is specified down here as having been paid in on 31st August.
SAMUEL CARTER . I am a cashier at the Alliance Bank—I find in my book an entry made by me on 30th August, 1866, by which I am able to say that I cashed a promissory note for 78l. 10s. 4d.—I gave a 50l. note, No. 18821; a 20l. note, No. 97292; and 8l. 4s. 4d. in cash—it was not presented through a banker, but paid over the counter.
CHARLES MILES . I am a clerk in the Union Bank of London, Princes Street-the cheques and notes mentioned on this slip of 6th September were paid in to the credit of Messrs. Morice and Dixey on that date—I do not remember the person who handed in the slip, but he took 9l. 13s. 11d. uot—there was a 50l. note, No. 18821.
DAVID ROSE . I am one of the cashiers in the Union Bank—on 31st December, 1866, I cashed this cheque for 218l. 5s. 10d. over the counter—I do not identify any person—I gave him four 50l. notes, Nos. 30066 to 30069 inclusive; three 5l. notes, Nos. 07267 to 07269 inclusive; and 3l. 5s. 10d. in coin.
THOMAS ELLIS NOBBS . I am a tailor, of 36 and 38, Shepherdess Walk—the prisoner was a customer of mine—on 12th January he paid me two 5l. notes in part payment of money owing to me—I did not take the numbers down—I paid them into the London and County Bank, Islington branch, the following morning, I think—this is the slip relating to them, it is in my writing, and includes a 25l. note—on February 14th I saw the prisoner at Messrs. Morice's office—I called for more money upon my bill—he gave me a 50l. note—I took 18l. and gave him the change—I paid that 50l. in with this slip (produced) to my account at the Islington branch of the London and County bank.
WILLIAM ROBERTS . I was a clerk at the Islington branch of the London and County Bank in January and February last year—when money is paid in with a slip it is my duty to enter in a book the contents of the slip—on 14th January I find 63l. 17s. 6d. paid in by Mr. Nobbs, of which 25l. was in notes; two of the 5l. notes were numbered 07268 and 07269—on 14th February I find an entry of 118l. 9s. paid in by Mr. Nobbs, that contains a 50l. note, 30069.
THOMAS SAUNDERS . I am landlord of the Paget Arms, Lansdown Road, Hackney, and know the prisoner—he lived at 21, Marion Villas, up to the time of this accusation—on 9th September, Packman, the officer, called on me—on the same evening I was taking beer out, and saw the prisoner coming out of his house in a hurry with a little leather bag in his band—I said, "Mr. Porter, there have been two gentleman at my house inquiring after you"—he said, "That is all right, I will see about it," hurriedly, and went away, and I never saw him again till he was at the Mansion House, three months afterwards—I was in the habit of changing notes for him—I paid the 5l. note, 66856, into my bankers, here is my writing on it—I cannot say whether I paid in this 20l. note at the same time—I am in the habit of paying in and of getting change; it is last September twelve months, and I cannot tell—I frequently change 100l. of notes in a week—I do not recollect getting cash for a 20l. note and a 5l. note about that time—whenever I took any notes of the prisoner I either changed them or paid them into my bank—if he had been living in his house after 9th September I should in all probability have seen him—I was not at his house.
FERDINAND DEMERE . I am a clerk in the London and County Bank, Hackney branch—Mr. Saunders keeps an account there—I exchanged 25l. for him, and gave gold or silver—the clerk, Mr. Wall, is here with the book.
BENJAMIN ROBERT WALL . I am in the same bank with the last witness—this book (produced) contains entries by me, by which I find that both these notes were exchanged by Saunders on 25th October, 1866; the 20l. note was 97222, June 7th; money was given for them.
Cross-examined. Q. Have you an entry of the numbers in that book? A. Yes.
and Dixey—I knew nothing of this cheque having been drawn in our favour about 31st December—if it had come to our firm we should have paid it into our banker's—the prisoner paid us 194l. 17s. 6d. on 31st December of which 150l. was in notes, but whether there were three 50l. notes I cannot say.
Cross-examined. Q. When the whole amount due to you was paid by cheque was the cheque crossed? A. It should be; if it is not I cross it before paying it into the bank.
COURT. Q. You say 150l. was in notes; how was the remainder? A. Two cheques, which came to 40l. 4s. 2d., and the rest in cash.
MR. WILLIAMS to J. F. MORICE. Q. Do you find that there are arrears debited to the prisoner and repaid by him? A. Yes, here are two entries.
MR. POLAND. Q. What are the entries debited and repaid? A. In December, 1865, he is debited 15l. 4s. 7d. on an underwriting account, money that he had received from one of our clerks, which was found out, or which he admitted that he had received and not accounted for, and he made it good—he said that it was an error, he had received the money, and it had got mixed up with his petty cash in some way—we took his explanation and debited him with it—the other was an underwriter's ledger account, January 1st, 1866, 17s. 13s. 6d., which he had received and not accounted for—he explained that that was a mistake of his, and we debited him—I do not see any other errors.
COURT. Q. When were those errors found out? A. About that time; in one of those I remember particularly he rendered the party who had paid the money, another account; that is how we found out one of them, and the party naturally said, "I have paid it before."
HENRY SCOTT COTTELL . I am a clerk to glynde and sons, solicitors for the prosecution—I produce a copy of a notice to produce, which I served on a clerk of Mr. Beard's, conducting the defence here and at the Mansion House on Saturday last, who said that it was all right.
MR. POLAND to J. F. Morice. Q. Did you go to the house to which you addressed the letter? A. Yes—I beg pardon, I said that it was No. 6, but I had not got the address with me.
COURT. Q. How do you know that it was the number to which you addressed the letter? A. I obtained the prisoner's address from Mr. Bostock, he accountant's clerk, and addressed it accordingly, and when I went to search for the prisoner I went to the address according to the memorandum given me by Mr. Bostock, and which is at the office—I am sure I went the address he gave me, and I know that it was right, because I saw his mother-in-law there.
——BOSTOCK. I am an accountant have been employed in going through the prosecutor's books—I have been to the prisoner's house and seen him there, it is 21, Marion Villas, Lands down Road, Dalston—I gave that address to Mr. Morice, and he took it down on a slip.
J. F. MORICE (continued). The substance of my better to the prisoner of 7th September was that we wished some explanation respecting some of the accounts, and should be glad to see him—he never came, and we did not see him till he was in custody.
——BOSTOCK (continued). I commenced going through the books at the letter end of August, 1866—in this slip for 834l. 8d., of 31st August, which is in the prisoner's writing, I find instead of the 75l. and the 78l. 10. 4d., making 153l. 10s. 4d., other cheques entered to make up the amount; one of them is for 116l. 6s. 9d.—I find by an entry in this little memorandum
book, signed J. H. Parker, that that 116l. 6s. 9d. was received from J. H. Thompson and Co., by the prisoner—the clerk at Lloyd's kept the book, and the prisoner signed an acknowledgment in it that he has received that cheque on 28th August—that cheque is omitted altogether in the cash-book I received from Thompson—the entry in the cash-book of 6th September for 108l. is made up of different sums, all which are paid into the bank in some way or another, and, from what I can make out, this J. H. Thompson and Co. is the return of part of a cheque which the prisoner had received previously.
COURT. Q. Does it appear from any entry of the prisoner's that there were such accounts as 23l. 9s. 4d. and 46l. 9s. 4d.? A. It is part of the 116l. 6s. 9d.; the underwriting account is 33l. 15s. 4d., less 10l.; that is not accounted for anywhere else.
Cross-examined. Q. Did you continuously keep on going through the books from August, 1866, till September, 1867 A. No—on one occasion I made a break of a month—I was engaged a great many months upon it, while the prisoner was there.
ROBERT PACKMAN (City Policeman). I went to Dalston early last September, and endeavoured to find the prisoner, but did not succeed—I went with Mr. Morice to 21, Marion Villas—I afterwards saw Mr. Saunders—I got a warrant on 11th September, and endeavoured to trace the prisoner; rewards were printed, and he was advertised in the Times and Telegraph—I found him at Tor, near Torquay, going by the name of Webb—I said, "Good morning, Mr. Webb, or rather Mr. Porter"—he made no reply—I said, "My name is Packman; you must consider yourself in custody, charged on a warrant with stealing a cheque for 56l. 8s. 8d. in October, 1866, received for your late-employers, Morice and Dixey, which you have not accounted for"—it was early in the morning, and not quite light—he made no answer—I took him in custody—his hair was quite dark then, very nearly black—I brought him to London, and took him to the Mansion House.
J. F. MORICE (re-examined). I now produce the ledger containing the date of 29th August, 1866—the 78l. 10s. 4d. has gone to the credit of P. A. Van Es & Co.—the 75l. does not appear in this ledger, but it has been posted to the credit of Captain Welch.
The prisoner received a good character. GUILTY . Recommended to mercy by the Jury, who found fault with the way in which the Prosecutors kept their books, thinking that it had led to this charge. MR. BOSTOCK stated that the prisoner's defalcations amounted to 2875l.— Six Years' Penal Servitude .
THIRD COURT.—Thursday, January 30th, 1868.
Before Mr. Common Serjeant.
MESSRS. PATER and FLOOD conducted the Prosecution.
ABRAHAM HAGSTROM (interpreted). I am a seaman belonging to the ship Columba, now lying in the West India Docks—the prisoner was a seaman on board—we were paid off on the 31st December—I and the prisoner, and William Roberts, another seaman, went on that day to have our photographs taken at Poplar—when I went into the photographer's shop I had 1l. 18s. in my purse—I had my hand in my pocket, and my
purse in my hand—I took my purse out, and the prisoner snatched it from my hand, emptied it, put it into a piece of paper, and put it in one of his boots—he left the purse on the table—I took it up and found the money was not there—the prisoner is a Russian, he does not understand English—I made signs to him, and asked for my money back again—we did not understand each other, only made motions—I put my hand before him, and said, "I want my money back"—he said I should have it back bye-and-bye—the prisoner left the photographer's first, and as soon as I came out he took to running; I followed, but lost sight of him—I saw him again on the Saturday is the street—I asked him where the money was—he would not tell me, and I gave him into custody.
WILLIAM ROBERTS (interpreted). I was a seaman on board the Columba—I went with the last witness to the photograph shop on the 31st December—I was in the next room when the prosecutor lost his money—when I came out he said he had lost his money—the prisoner was in the shop then—when we came into the street the prisoner went before us—he went through the Thames Tunnel—he walked very fast, and we walked behind him, but could not catch him—it was dark, and we lost eight of him—I saw him again on the following Saturday, when he was given into custody.
Prisoner. I did not walk at all, I took a cab.
COURT. Q. Did the prisoner take a cab? A. No.
RICHARD SHIRLEY (Policeman 286 A R). At six o'clock on Saturday, the 4th January, I was called to 43, St. George's Street, Wapping, and the prisoner was given into my custody for stealing 1l. 18s.—he understands English imperfectly—he said he did not take the money.
Prisoner's Defence. I am innocent. I can prove that I took a cab.
GUILTY .— Six Months' Imprisonment .
MESSRS. LILLEY and STARLING conducted the Prosecution, and MR. Pater the Defence.
EDWARD GILBERT . I am a printer, of 63, Queen Street, Cheapside—on Friday, 3rd January, the prisoner called on me, and said he was a reporter to the City Press, and he was getting up a fund at the City Press office for the sufferers at the Clerkenwell explosion—he showed me a book—it was a reporter's book, similar to this one (produced)—I gave him 10s. on his asking for it after that statement.
Cross-examined. Q. You are speaking now from memory? A. Quite—I made no memorandum at the time—the prisoner said, "I am collecting," not "They are collecting on behalf of the Clerkenwell relief"—I read what was in the page of the book.
MR. LILLEY. Q. Did he say he was collecting for the City Press fund? A. Yes—I did not know him before—it was in consequence of his application that I paid the money to him—I did not get any receipt.
UPFIELD GREEN . I am a stationer, carrying on business in Joiners' Hall Court Buildings, Upper Thames Street—the prisoner called on me I believe on a Friday—he said that he had been reporting at the ward mote meeting for the City Press, and Mr. Collinridge thought that it would be a good opportunity for him to make subscriptions in aid of the fund for the sufferers at the Clerkenwell explosion—he produced a book, and said, "Your neighbours have contributed"—I saw some names and
amounts in that book—I gave the prisoner 5s., believing what he said—I know Mr. Collinridge as the editor of the City Press.
Cross-examined. Q. Did he not say, "I have been attending as reporter at the ward mote for Mr. Collingridge, of the City Press? A. Yes—I did not attach much importance to his having reported—I did not care whether he had or not—I attached importance to the signatures of my neighbours who had subscribed—I parted with my money because I saw my neighbours had subscribed.
MR. LILLEY. Q. Would you have parted with your money if you had not believed the prisoner was entitled to collect it on behalf of the City Press? A. I should not.
JAMES PONDER . I live at 194, Upper Thames Street, and am a baker—on the 3rd of January a man came to my shop; I can't swear it was the prisoner, but I believe it was—he said he was present at our ward meeting, and that he was employed by the City Press to collect money for the relief of the Clerkenwell sufferers—he took a book from his pocket and read several names from it—I gave him 10s. 6d. on the faith of his statement.
Cross-examined. Q. Did he say anything about the amounts being acknowledged in the Daily Telegraph? A. No—I did not see the names in the book; he read them—I believe him to be the man, but I am not certain—I entered my name in the book—he said he was a reporter for the ward mote for the City Press—he said he had come from the City Press—those were the words used, or words to that effect.
MR. LILLEY. Q. He said he came from the City Press; did he say for what object? A. To collect money for the Clerkenwell Relief Fund, and he read the names of various persons known to me, in consequence of which I gave him the money—in consequence of something that occurred I gave information to the police—I did not know the prisoner before—I live in the Vintry Ward.
WILLIAM COURTENAY . I am a wine merchant, and carry on business in Great St. Thomas's—I know the prisoner by calling on me just after the meeting in Vintry Ward on St. Thomas's Day, to solicit subscriptions in aid of the Clerkenwell Relief Fund on behalf of the City Press—he showed me a book—I looked at the names in the Book—I did not subscribe—I told him that I was going to hold the plate for the same purpose on Sunday—I know Mr. Ponder, the last witness.
Cross-examined. Q. Did you know the prisoner as a reporter at the Vintry wardmote? A. I saw him at the meeting—I believe he said he was connected with the City Press—I won't swear that those were the words—I can't say what the exact words were—he called on me more than once—I don't think I misunderstood what he said—I saw him three times—I don't think he told me the object of his visit every time—he talked a good deal on each occasion—I did not give him any money.
SAMUEL FORDHAM . I am a printer, in the employment of Mr. Collingridge, the proprietor of the City Press—I do not know the prisoner—there is no fund being raised at our office for the relief of the Clerkenwell sufferers.
Cross-examined. Q. You say you do not know the prisoner? A. No—I have said before the Magistrate that he had been occasionally employed as a reporter at the ward mote—he is not on our regular staff—I knew that he had been employed once at the Vintry ward meeting—I did not know him before I saw him at the Mansion House.
WILLIAM HILL COLLINGRIDGE . I am the proprietor and printer of the City Press, in Aldersgate Street—the prisoner was employed to report the proceedings at the Vintry Ward on St. Thomas's Day—he has not been employed since—we are not raising at our office a fund in connection with the Clerkenwell Relief Fund—I never employed the prisoner to collect money for that fund.
Cross-examined. Q. When did you receive a letter from the prisoner? A. On the 6th January; soon after St. Thomas's day several gentlemen called on me and acquainted me that some person had been collecting money in the Vintry Ward on behalf of the Clerkenwell Fund, and that that person had represented himself to be connected with the City Press, and was authorised to receive money for a fund that had been raised at the office—I immediately took steps, and went before the Lord Mayor with my solicitor, Mr. De Jersey, and he made a statement to that effect—I saw a report of that in the Times the Monday after—I went before the Lord Mayor on Saturday, the 4th January—I received the letter from the prisoner on the 6th; it is an explanation of his conduct. (Letter read: "16, Essex Road, Islington. Mr. Collingridge. Sir,—A statement appeared in Lloyd's paper of yesterday, calculated to do me some serious injury if not corrected. Respecting the Clerkenwell sufferers, I never represented that I was collecting for the City Press fund. I have attempted to raise a subscription on behalf of the sufferers purely on sympathy for them. I wish to raise 20l., and forward it to the relief committee to be acknowledged in the Daily Telegraph, therefore entirely different from the City Press. I have written a statement to the Lord Mayor, and shall attend at the Mansion House to submit the amounts to the Lord Mayor. The amounts are from 5s. to 1l. I have never used any card as stated in the Morning Star. The money will be paid in before the end of the week. Edward Foxwell.")
MR. LILLEY. Q. You attended before the Lord Mayor on the 4th, and received the letter on the 6th? A. Yes—I was not aware who the person was—I only had some general information, but no name was mentioned by Mr. De Jersey at the Mansion House—we had information that some person was collecting money in connection with the City Press.
EDWARD CHESTER (City Detective 602). On Friday, 3rd January, I received information from Mr. Ponder, and went in search of the prisoner—I found him, about ten o'clock in the evening of the 6th, at 24, Penton Street, Newington Crescent—he had lodged there about a week—I asked if his name was Foxwell, and he said, "Yes"—I then said, "My name is Chester, and I am a detective of the City Police, and I understand that you have been collecting money from different gentlemen in the city, and amongst them Mr. Ponder, of Thames Street"—The prisoner said, "Walk in and I will tell you all about it"—I did not mention at that time for what purpose he had been collecting—ho said, "Altogether I have had 7l."—I said, "Well, what have you done with it?"—he said, "I have spent it"—I asked him what he told the persons when he went to collect the money—he said, "I told them I was connected with the City Press relief fund, and I intend to make up 20l., and then I shall hand it to the committee"—he said he had written a letter to the Lord Mayor to tell him so—he also said, "I have been employed to report the proceedings of the meeting of the Vintry Ward. I got to know a number of gentlemen, and I thought it would be a good opportunity to collect money. I felt so sorry for the sufferers by the Clerkenvell explosion that I collected it out of pure sympathy
more than anything else"—I then took the prisoner to the station, and told him that I should charge him with obtaining money by false pretences—he said he could not see that he had obtained it by false pretences—I found 6d. in money and this book, which has been produced, on him—he said it was not the book he took round—he said that book was lost.
Cross-examined. Q. When you went to his house, were you in private clothes? A. Yes—I am always in private clothes—I did not tell him at first I was a police-officer—I sent up my name as Mr. Jackson, of the City Press—a woman opened the door and asked what name, and I said, "Mr. Jackson"—he told me that he intended to go before the Lord Mayor on the Wednesday—I did not say that might make a difference—I have got the letter he wrote to the Lord Mayor—it was shown to me at the Mansion House, and the prisoner said, "That is the letter I sent to the Lord Mayor." (This was a letter dated January 6th, 1868, stating that he had reported for the Vintry wardmote, and that he had intended to raise a subscription for the Clerkenwell relief and that when it reached 20l. he intended to forward it to the committee; that he did it out of pure sympathy, and not with any intention to defraud; and that he would wait on the Lord Mayor and give him a list of the subscribers. Signed, "The Reporter of the Vintry Wardmote.")
MR. LILLEY. Q. Where was the prisoner at the time you went to his house? A. He came down stairs, because I sent up the name, Mr. Jackson—I believe he was in bed—he had time to dress before he came down.
CHARLES WILLIAM DAW . I am the beadle of the Vintry Ward—I was at the meeting and saw the prisoner there—he afterwards came to me and produced an oblong book, such as reporters usually carry, containing a list of names of some of the inhabitants in our ward, and asked for the Christian names and addresses—I gave him the names and addresses—he said he wanted to solicit subscriptions of them—he said, "I hand the money over to Mr. Collingridge, and when it amounts to 20l. it will be handed in as the City Press collection for the Clerkenwell sufferers"—he showed me the names he had got—I saw him a few days after, and he had then got more subscribers.
GUILTY.Recommended to mercy by the Jury. — Twelve Months' Imprisonment .
Before Mr. Common Serjeant.
Before Mr. Recorder.
203. JULIUS WINTER CANE (28) , to feloniously forging and uttering an order for payment of 43l. 15s. 10d., also an order for 15l. 5s., with intent to defraud, having been before convicted of felony.— Ten Years' Penal Servitude . [Pleaded guilty: see original trial image.]
Before Mr. Recorder.
GEORGE JONES . I live at 8, Lower Chester Street, East Greenwhich—on 14th October I resided at the house of Frances Reynolds, at No. 5, in the same street—the prisoner lodged in the same room with me—he slept in one bed and I in the other—about ten minutes to six that morning I got up and went to work, leaving him in bed—there was no other man in the room—I left a jacket, waistcoat, and trousers in a bag in the cupboard, and a watch—I was sent for a little after eight, and found the bag on the bed, and the watch and clothes gone—I gave notice of my loss to the police—I did not see the prisoner again till boxing-night, he was then at the station—he said he would make it up to me if I would not go against him, and offered me 30s.
Prisoner. What do you mean by saying I offered you money? I can prove you to be a liar. Don't you live with the woman you call your land-lady as man and wife? Witness. No; she is a married woman—my wife left me through going with other men—when you left my place you had much more hair about your face than you have now—I do not owe you any spite—I did not want you to settle the case—your mother and sister wanted to give me money to make it up.
Frances Reynolds. I keep the house, 5, Lower Chester Street—the prisoner lodged there in the same room with the prosecutor—I remember the prosecutor going out about six o'clock on the morning of the 14th October—the prisoner came down about ten minutes past six—he went out and washed himself, and went up stairs again, a thing he never did—I said. "How late you are!"—he said, "No; it is only ten minutes past six',—he went out muttering to himself—about half-past eight I went up to make the bed as usual, and found the bag out of the cupboard on the bed, empty—I sent for Jones, and he missed his things.
Prisoner. Q. Don't you and Jones live together as man and wife? A. No, we do not, and you cannot prove it—my sister is married to Mr. Kirton—Jones does not keep me and my child—his clothes were not in my room, unless I took them there to take care of—on my oath he never slept with me—he has no spite towards you—I was never up with you till one o'clock in the morning that I know of—you were one of a party at the Standard one night, and my father was there—I did not ask you to take me to Westbourne Park to see the Foresters—you asked me all these things, but I did not consent to it—I did not like you—you owe me a week's rent—I don't keep fancy men, and fancy men don't keep me—a shoemaker lodged at the house one week; that was before you came—he lodged there twice—he was not able to pay his rent, and I told him I should not expect it.
SAMUEL LING (Policeman R 159). I know the prisoner—on the morning of 14th October, at twenty-three minutes to seven, I saw him in Church Passage, Greenwich, carrying a bundle—I saw a part of some black cloth trousers hanging from it—at that time I had not received any notice of a loss—he was coming from the direction of East Greenwich—I am quite certain it was the prisoner.
Prisoner. Q. At the Greenwich Police-court how many times did I ask you if you were sure I was the man, and whether you could see any difference in me? A. I said when first I saw you that you were the man—I knew you to speak to you for a week before this, and had heard you sing at the bar of a public-house—I said you did not look so well as when I met you that morning—I said you wore a few carroty hairs on your chin—you had a stitched low-crowned hat on, and a snuff-coloured coat very greasy about the collar—you spoke to me as you passed.
THOMAS BERRY (Policeman P 173). On boxing-day I went to 19, Waterloo Street, Camberwell—from information, I took the prisoner into custody there—I told him I wanted him for a job down at Greenwich—he said, "Berry, it was not me done the job: I was implicated in the affair through drink "—I took him to the station, and from there to Greenwich—on the way to the police-court he said he was a much better man than me, and he should not go along with me—I said, "You will have to go any how"—he turned very violent, and tried to throw me down—in doing so we both fell, and I believe he had his shoulder-bone fractured in so doing.
Prisoner. Q. When you took me at my mother's house, and said it was for the Greenwich job, did not I say, "What Greenwich job?" A. No—you did not say you were implicated in this affair because you were seen drinking with the man—the words you used were, "I am implicated in the affair through drink "—I did not ask you to pay for a cab—when I was taking you along the people said, "There goes a Fenian!"—I had you handcuffed before you were knocked down—you were very violent.
The Prisoner's Statement before the Magistrate:—" I am not the man who stole the clothes; and what I mean by being implicated in the affair is by being in company with the man who stole them for two hours that day after twelve o'clock."
Prisoner's Defence. I left the house to go to Camberwell to see if I could get money to pay my week's rent. I went to my mother's, and she gave me the privilege of stopping at her house to see if I could get work. I stopped with her a fortnight, but I went back to Greenwich the day after I had left to see if a job was going on. I fell in with the shoemaker. He wore a greasy coat, a stitched hat, and no beard; and I suspect him to be the man, because he was a lazy fellow, always at the public-houses.
HARRIET CORNWALL . I am the prisoner's sister—I live with my mother—the prisoner was at my mother's house the latter end of last September—he was there a good while, on and off—he came first on a Sunday—I think it was the 29th September, because I had got off a bed of sickness, and I had just gone to work on the Monday, and he was there the day before—I know it was on 30th September that I went to work at Norwood—I used to go of a morning and come home of an evening—he used to come there and sleep sometimes, and sometimes not—I can't say exactly for how long, I dare say a fortnight or three weeks at a stretch—I expect after that he went to his lodging at Greenwich—I produce his likeness and his cap—he wore a full beard then—this is the cap he wore at the time—it is not a stitched cap—I always knew him to wear a full beard till a few days before Christmas, and then he shaved off the lower part.
Cross-examined. Q. Did you know him lodging at Mrs. Reynolds's? A. I believe he lodged there—I don't know the person's name—I never went there while he was there—I don't know where he was after the three weeks he was with us—I believe he went to his lodgings at Mrs. Reynolds's—I went to Greenwich Police-court—I did not give any evidence there; I was not asked.
THOMAS HOLDEN . I am a shoemaker—I know the prisoner—I saw him at his mother's house on 29th September—I know that was the day, because I was at work on that day finishing-a pair of boots for the prisoner's brother, and I went to his mother's to see his sister, and I saw him there—I saw him on several occasions afterwards for a fortnight—after that I believe he went to work at Islington; he told me so—that was
some nine or ten weeks before Christmas—I saw him again a week before Christmas at his mother's—I went and got this likeness at Peter Street, Islington, last Monday—I was at his mother's when he was taken into custody—I did not go before the Magistrate for him—I thought it was nothing to do with me, neither did I know what it was for.
NOT GUILTY .
MR. WOOD conducted the Prosecution, and MR. BESLEY the Defence.
SARAH ROBERTS . I am the wife of John Roberts, who keeps a beerhouse at 4, George Street, Deptford—on 21st January, about twenty minutes after twelve in the day, the prisoner and a person named Mann came in—they called for a pint of porter and paid with two penny-pieces—about twenty minutes afterwards they had another pint, and paid with two more penny-pieces—I afterwards went into my kitchen—before going there I counted to see what money I had in the till, and I had 7s. and a farthing, after taking the 4d. from the prisoner—there was 5s. 6d. in silver, and 18d. and a farthing in copper—my daughter was there when I counted it—we then went into the kitchen together, we had been there between five and ten minutes when I heard a rattling noise at the drawer, the drawer sounds very much—I said, "There is somebody touching the money in the drawer"—my daughter ran out, I ran after her—she said to the prisoner, "Oh! you are robbing my mother"—I said. "Oh! you bad man"—he said, "What's the matter with you?" raving up at me, and Mann moved from one corner of the seat to the corner by the door, and sat down there—I said, "You have been robbing my till"—I counted the money and three shillings and sixpence in halfpence was gone"—I said, "You have robbed me of 3s. 6d."—the prisoner again said, "What is the matter with you?"—I said, "You have got 3s. 6d., and if you don't give it me I will send for a constable "—he said, "I have not got 3s. 6d."—I said, "Well, give me what you have got"—he said, "I won't give you any"—I sent my daughter for a policeman—when I came out of the kitchen I saw the prisoner reaching over to the drawer, and he put his hand from the drawer into his side trousers pocket—I can't say which pocket it was.
Cross-examined. Q. You were examined before the Magistrate, and told your story before your daughter was heard? A. Yes—I mentioned about his putting his hand to his trousers pocket—my deposition was read over to me and I put my cross—I said that he was reaching over with his hand in the till, and that he put his hand in his side-pocket—I was present when my daughter was examined—I had before that told the constable about his putting his hand to his trousers pocket, but not the Magistrate—the till is not here, it is a large drawer with a little iron bowl inside to put the money in—I don't keep other things in the drawer, my husband has some roll papers there, and that like—my daughter and I were both excited at seeing such a thing—I had seen the prisoner twice or three times before in the house—I did not know him about the neighbourhood—I counted the money because I had a purpose, to pay it away—I looked on the floor, and so did my daughter, but could not find anything there.
SARAH ANN ROBERTS . I am the daughter of the last witness—I saw my mother count the money in the till before going into the kitchen on the day in question—I saw her count 7s. and a farthing—I went into the kitchen with her—we had been there about five or ten minutes when we heard a rattling noise—my mother said, "There is some one at the till"—Iran into the bar, my mother was behind me, and I saw the prisoner's arm leaning
over, with his hand in the till—he took his hand out and put it in his trousers pocket, but which pocket I could not say—I told him he had robbed my mother—he raved at me and said, "I have done nothing of the kind"—Mann was sitting in the middle of the seat, and when I rushed in he moved towards the door—3s. 6d. was taken out of the till.
Cross-examined. Q. Did you hear your mother examined before the Magist rate? A. Yes; she said she saw the prisoner leaning over, moving his hand out of the drawer, and putting his hand in his pocket—I heard her say that before I was examined—we could see from the kitchen into the bar—the drawer was not locked, it was shut quite close—only my father's papers are kept there.
WILLIAM GIBBS (Policeman 195 R). I was called by the last witness to take the two men into custody—I asked the prosecutrix if she gave them into custody for robbing her till—she said, "Yes, of 3s. 6d."—the prisoner said, "All right, I will go anywhere with you, I did not touch it, I am quite innocent"—I searched him at the station and found 2s. 7 ½d. in copper in his right trousers pocket—when I went in I found him in the bar, leaning on the counter—I found 4 ½d. in coppers on Mann.
The prisoner received a good character.
NOT GUILTY .
MR. WOOD conducted the Prosecution.
JOHN BENDALL . I live at 4, Abingdon Cottages, Lewisham—on 21st of January I was working in an unfurnished house at Blackheath—I had my saw, which I know by my initials—it was safe at twelve o'clock in the day—I left it in the bottom part of the house—I gave information to the police—the prisoner came and spoke to me about ten minutes before I missed it—I saw it the next time at six o'clock at the police-station.
JOHN BROWN . I am a carpenter, residing at 3, Morden Street, Lewisham Road—I was working in the next house on the same job—that saw was in my possession on the 21st—I used it at twelve o'clock—I missed it at half-past twelve—I saw it next at the police-station.
JOHN SMITH . I am an assistant to Mr. Sharp, pawnbroker, at Deptford—prisoner brought those saws to the shop between five and six—having received information, I gave him into custody—he said they were his own.
EBENEZER HODD (Policeman 123 R). I was called into Mr. Sharp's shop—I heard what the prisoner said about the property—I asked him what account he could give of the saws—he said he bought them of a man who asked him to help him on the road.
Prisoner's Defence. I bought them of a man for 3s., thinking to sell them to a cabinet-maker I am lodging with. He would not buy them so, I took them to a pawnbroker's.
GUILTY .— Six Months' Imprisonment .
Before Mr. Common Serjeant.
MR. PATER conducted the Prosecution.
dog—after ten minutes after I heard the staircase door at the end of the passage open—I got out of bed and heard footsteps and whispers in the passage—I armed myself with my staff, opened the door, rushed out, and saw three men there—they ran into the children's nursery, went to the window, and threw up the window and blind, and then there was a struggle who should go out first—the prisoner got out first—I was close behind them—he jumped out, and the other men after him—I caught hold of the second man, and hit him with my staff, but he twisted himself away, and got out at the window—it is about fourteen feet from the ground—I saw a constable about thirty yards from the window, with the prisoner in custody—he said, "I have got one of them; make haste and dress yourself, and come down"—I had gone to bed about half past twelve, and left 2l. of silver on the sideboard, 5s. in small silver, and 6s. in copper in two tills—the next morning I missed 2l. 14s.—they must have got in at the second-floor front window—there are leads just under that window, level with my bedroom window—the window they got in at was above mine—it was closed the night before—I think the fastening was broken.
SAMUEL WARD (Policeman 252 R). I was on duty in the Plumstead Road on the morning of 4th January last—I saw three men jump out of the second-floor window of Mr. Bickerstaff's house—I caught the prisoner as he came out of the window—he jumped out first—my attention had been called to the prisoners about half-past two by a light, before I saw the men—I knocked at the door, and obtained no answer—Mr. Bickerstaff gave the prisoner into custody for breaking and entering his house—he made no reply—I searched him, and found a shilling, three sixpences, and thirteen-pence in copper.
Prisoner's Defence. I don't deny being in the house, but I did not break into it. I was drunk; two men broke into the house, and let me in. I did not want to go; they said I must; if I did not I should get them nabbed, and myself as well. I waited at the door of the house, and never moved from there. Afterwards a policeman came to the door and knocked, and I ran up stairs and jumped out of the window. I did not go into the house to steal, and did not take anything. I went quietly with the policeman. I make my living by hard work, not by burglary.
GUILTY .— Nine Months' Imprisonment .
Before Mr. Common Serjeant.
MESSRS. M. J. O'CONNELL and COLLINS conducted the Prosecution, and MR> MOODY. the Defence.
ELEANOR NEWBURY . I am the wife of George Newbury, a greengrocer, of 42, Union Street, Borough—on 24th December, between nine and ten o'clock at night, the prisoner came for a pennyworth of carrots for his horse—he had a large basket—he gave me a bad shilling—I bent it, and told him I did not know that I had any sixpences, and would go next door and get change—I went outside to look for a constable—I returned, and the prisoner asked me for the change—I said that I should not give him change, for it was a bad one—he said that if I would go with him to the public-house at the corner, his master was there, and would tell me
that he could not give a bad shilling—I followed him to the public-house; he went in at the Worcester Street door, and wanted to push me in to see his master—I said I should not know his master if I saw him—he then put his basket down and ran away through the house, out at the Union Street door—I followed him, and gave him in charge with the shilling, which I marked—I am positive the prisoner is the man.
Cross-examined. Q. Were you very busy? A. No, there were three or four customers.
AMELIA KELLY . I am the wife of Richard Kelly, of 57, Bridge Street, Southwark—I was in Mrs. Newbury's shop, and saw the prisoner give her a shilling—he had a very large basket with him—this is it (produced)—I saw Mrs. Newbury go out of the shop—I waited there till she came back, and saw the prisoner brought in in custody—I am quite certain he is the person.
Cross-examined. Q. Had you never seen him before? A. No—I am certain this is the basket; being so large, and the shop being small, it took up a great deal of room.
JEMES SHINN . I am barman at the Coopers' Arms, Worcester Street—on 24th December, between nine and ten at night, I saw Mrs. Newbury follow somebody through the house, and heard her say, "Give me" something, but I could not hear what—in about half an hour I saw a basket behind the door, containing two rashers of ham, and six bad shillings wrapped up in blue paper, and a little straw at the bottom—I let the ham remain in the basket and gave the money to my master.
JOHN BATSON . I am landlord of the Coopers' Arms, at the corner of Union Street and Weston Street—on 24th December I saw Mrs. Newbury following somebody through my house; some time afterwards I saw Shinn examining this basket—he gave me some coins wrapped up in paper—I put them in a bit of newspaper, put them in my waistcoat pocket till next morning, and then gave them to a policeman.
JAMES BENNETT (Policeman 96 N). On Christmas Eve Mrs. Newbury pointed out the prisoner to me in Union Street—he was about twelve yards from her—I took him—he was charged with attempting to pass a counterfeit shilling—he said, "I did not know it was bad, the woman will not charge me"—at the station Mrs. Newbury gave the inspector this bad florin in my presence—the prisoner was searched, and a florin, two shillings, and a penny were found on him—he gave a false address.
Cross-examined. Q. You say that she pointed him out in Union Street; how far was she from him? A. Touching him.
GUILTY . He was further charged with having been convicted in December, 1861, when he was imprisoned One Year; to this he PLEADED GUILTY.**— Seven Years' Penal Servitude .
Before Mr. Recorder.
MR. RIBTON conducted the prosecution, and MR. WRIGHT the Defence.
Cross-examined. Q. You were never in constant possession of these premises, although concerned in the bankruptcy previously? A. Yes.
RICHARD GURNEY . I am the creditors' assignee in this bankruptcy, and was appointed on the 24th July—I live at Richmond—the prisoner was carrying on the business of an old clothes dealer—a short time before he became bankrupt he brought an action against me and lost it, and consequently was indebted to me to the amount of the costs, 48l. 15s—on the 24th of July I went to Richmond and saw the defendant, and told him I came to take possession of the premises and relieve the present messenger by putting another man in—he said there was nothing for me to take—I remained there about two hours—there were but a very few things to be seen in the house, and they were in the shop, except one or two articles of furniture—I went again on the following Saturday and commenced to search the house, and discovered a secret room—before that I told them I had an idea there must have been some things concealed, and if he would tell me it would be very much better; but he persisted there was nothing more than was to be seen—I next felt the partition in the top part of the house, which he said separated it from the next house, and that there was nothing there—I cut the paper away with my knife, and, seeing there was something inside, knocked the door down and found the various articles, which appeared to have been hastily thrown in—I took possession of these things—he remarked, "My God! you have ruined me "—he said they belonged to Mr. Nathan previous to my breaking open the door—they were similar things to what he had in his shop, because there were labels on some showing the price—there was some bedding in the house—a bed was in this room, but no mattress—these things were sold by my instructions, and realised about 70l.
Cross-examined. Q. What was the 24th July? A. I don't know, Wednesday or Thursday—the messenger who was to be relieved is ill and could not attend to-day—I understood he has been ill six weeks—I have made no efforts to find out whether he is in a fit state to attend here—the messenger I put in his place is not here either—the defendant gave me every facility for seeing the premises except that room—he said I should have to pay for the wall if I damaged it—he did not say there was nothing there belonging to me—I meant, by telling him it would be better to show me all, that it would save me unnecessary trouble—I don't know if I should have prosecuted him—I did not say I should not—I do not recollect saying before the Magistrate that the prisoner told me the partition belonged to the next house; if I did not I ought to have said so—he told me Nadan, his son-in-law, had a bill of sale over them—he put a document into my hand, but I would not read it—when I asked him to let me go over the house he said, "With pleasure"—my servant and two other men went with me on the 24th July—neither of them are here—the assets under the bankruptcy in the original petition were about 44l.—the assets from the sale of these goods are in the hands of the Court—there is no dispute about them—I have not heard that the goods were not his property—I have not heard if there is a civil action pending on the subject.
JOSEPH NADAN . I am clerk to Mr. Taylor, auctioneer, of Richmondon Saturday, 27th July, 1867, I went with Mr. Gurney to defendant's house to take an inventory of the goods—I was present when the discovery was made—on the top of the stairs was a comparatively empty room—to the right hand there was what was found to be a room, and which contained nearly the whole of the goods—Mr. Gurney tried the wall, which appeared like the rest of the room, and told Bartram be believed there was a concealed
room—Bartram denied it—Mr. Gurney discovered that there was a door, and put his shoulder to it and opened it—there was no appearance of a fastening outside the door—these goods afterwards realised 70l.—the prisoner exclaimed, "My God! you have ruined me."
Cross-examined. Q. Have you used that expression before to-day? A. No—I did not use it at the police-court—he added, "There is nothing there belonging to me," after the room was forced—he did not say the goods belonged to his son-in-law, in my presence—although he said nothing belonged to him, his wife's and his son's clothes were there, and he would not give a bill of sale on his own clothes.
A witness gave prisoner a good character.— [Pleaded guilty: See original trial image] Twelve Month' Imprisonment .
MR. WOOD. conducted the Prosecution.
JOHN GRAY . I am a telegraph clerk, and live at 3, Sussex Road, Brixton—about half-past nine on the evening of Chistmas Day I was walking with two others, Fox the messenger and another clerk, in the Station Road, Elephant and Castle, when seven or eight persons, of whom the prisoner was one, came up—I did not see what they did to Fox—they tried to throw us over, but did not succeed—they knocked me down—one of the party, not the prisoner, took my hat and threw it in the air, and then took it away—I followed them, and they wanted a pint of beer for it—I gave them twopence, which I took from my breast-pocket—one of them got his arm round my neck and pulled me backwards, and two more took hold of my legs—the prisoner was in front of me in the road—they took the money out of my pockets, amounting to 2s. 2d.—I was nearly down, and they knocked me down—I got up, and they knocked me down again—the blow hurt me, and made my nose bleed—my father went to the police-station—I saw the prisoner's face plainly before they put the cap over my eyes—I ran after them, and called out "Policeman!"—when the prisoner was at the station he said he had been knocked down and robbed of 1s. 8d.—there was blood on the prisoner's shirt, but the policeman could not find out where it came from—I told him it was more likely from my nose than the prisoner's—I identified the prisoner at the police-station.
EDWARD FOX . I live at 41, Southwark Bridge Road, and am a messenger at the Elephant and Castle Station—I have seen the prisoner frequently—I know his voice—I was walking with Gray on Christmas evening—I did not see the prisoner, but heard his voice—he was singing—he was with seven or eight more—I saw these all rush on Gray—they put out their feet to throw us over—they knocked me down and kicked me—I saw one run away with Gray's hat—I told the ticket clerk of it—I told his name.
JAMES HAM (Policeman 5 P). Hearing of the robbery on Christmas night, and from the description given by Gray, I went into the railway-station, and found the prisoner, and asked if his name was Sweet—I told him I was going to take him into custody for robbery on Christmas night—he said he was drunk—I took him to the railway-station, and he said to Fox, "You know I was drunk, don't you, Fox?"—I took him to the station and placed him with two others, and telegraphed for Gray, who identified him—he then said he had been robbed himself—he was examined at the police-court—I was present—there was no mark on the prisoner then.
Prisoner's Defence. I know nothing about it.
GUILTY — Nine Months' Imprisonment .
MR. JUNNER conducted the Prosecution; MR. RIBTON defended Greenaway,
MR. LILLEY defended Smith, and MR. PATER defended Clarke.
JACOB CHANDLER . I live at 4, Commercial Cottages, Rotherhithe, and am a bone collector—on the 14th January Clarke came to mo and asked if I had sold the mare—I said, "No," and he said he knew of a customer who would buy it—I saw Clarke and Smith on the 16th, and Clarke said, "I have brought the young man to look at your horse"—I took him into the stable, and he looked at it and said he thought it would do—Smith asked me what time I went out—I said about twelve, and he told me to stop till half-past twelve, and he would fetch his employer—I said I would wait—I waited till a quarter to one, but he did not come—I put the horse in the cart and went to my business—when I returned home in the evening Smith was waiting for me—he told me his master was at the Victoria public-house, and asked me to take the horse over there to him—I told them to get up in the cart, and we all drove to the public-house—when we got there Smith brought Greenaway to me—he asked me if I was the owner of the horse; I said, "Yes, it is in the cart outside"—he went out with Smith to look at the horse—he got up in the cart, drove it a little way, and then came back to the public-house—he then asked me what I wanted for the horse; I said 14l.—he said that was too much, and offered me 13l.—he then asked me if it would carry anybody on its back; I told him I did not know, as I never used it for that purpose—I then told my man to take the horse back to the stable—Greenaway said he should like to see somebody on its back, and Smith went to tell my man to bring it back—Smith got on its back and rode it about—Greenaway again asked me to let him have it for 13l.—he said he wanted it to run in a paper van, and that he was a paper merchant at Peckham—I told him I would not take less than 14l., and he said, "If you will come into the parlour and write a receipt I will pay you for it"—I wrote the receipt, and Greenaway said, "Let me look at it"—I gave it to him—this is it (produced)—he showed it to Smith, and he said he thought it was right, and gave it back to Greenaway, who folded it up and put it in his pocket—he did not pay me the money—he took a sovereign from his pocket, and said, "I will give you this as a deposit, and if you come home with me to Peckham I will give you the remainder of the money"—Smith said, "I shall expect you to give me half a sovereign," and I said if he gave my man one I would—I did not get the deposit of a sovereign; I would not take it—I asked him for the receipt back, and he would not give it to me. (Receipt read: "January 16th, 1868. Sold to Mr. Greenaway, a bay mare, for the sum of 14l., and J. C. warrants her quiet and a good worker. J. Chandler.") After that Smith said he would go and send my man in—he came in, and Smith went to mind the horse—when the man came in he saw we were arguing about the horse, and went out again—he came back directly, and said the horse was gone—Greenaway, Clarke, and myself were then in the room; Smith was not there—I told Greenaway he should not go, and we had a struggle—I succeeded in detaining him—he then gave me the receipt, and wanted to go—I said, "You cannot go
till the horse conies back"—my man came back, and he said he could see nothing of the horse—I told him to stop with me, and not let Greenaway go out—a constable came, and I gave him into custody—I saw the horse at the station about half an hour afterwards—Clarke was in the public-house at the time the receipt was written out—as soon as my man came and said the horse was gone, Clarke followed him out.
Cross-examined by MR. RIBTON. Q. Did you know Greenaway before? A. No—I knew Clarke—I did not know what Smith was going to do outside—when my man came and said he could see nothing of the horse he did not say, "The mare has been up to her tricks and run away"—she was not given to run away—I warranted her quiet—Greenaway said if I could go to Peckham he would give roe the money—I have had the mare twelve months—she is about six years old.
Cross-examined by MR. PATER. Q. Clarke you had known some time? A. Yes—I had asked him previously to get me a purchaser for the horse, if he could—I did not tell him that I would give him anything—he took no part in the transaction at the public-house—he was present all the time.
THOMAS WALLACE . I live at 2, King Street, Walworth, and am a carman in the service of the prosecutor—Clarke came to us on the 14th January and asked my master if he had sold the mare—my master said no, and Clarke said he thought he knew a gentleman who would buy it—my master told him to come on Thursday—he came and brought Smith—they went to the stable to look at the horse, and walked him up and down, and Smith said he thought it would suit his master—he said he would bring him down between twelve and half-past—we waited till a quarter to one, and then went to our work—abouta quarter to six Smith hailed us as we were going to the stable—he said he had brought his master down to see the mare—he got up in the cart and we drove to the Victoria—he went into the Victoria and brought Greenaway out—Greenaway said, "Is this the young man the mare belongs to?"—my master turned round and said, "Yes"—they all went to look at the mare—Greenaway rode up and down with me in the cart about 300 yards—he drove—he went into the public-house again, and my master told me to take the mare to the stable—when I got there Smith came over to me and said I was to take her back again—he asked if I had got a halter—I said I had not—I told him if the mare was sold my master would lend him the head-stall to take her home with—Greenaway asked if she would carry anybody on her back—Smith got on her back and rode up and down, and Greenaway said he thought the horse would suit him—they went into the public-house again—I was outside, holding the horse—Smith came out and said I was wanted in the parlour, he would mind the horse—I went in and found I was not wanted—I went back and found the horse was gone—I saw Greenaway offering my master a sovereign, but he would not take it—I ran down the road to see if I could see the horse—I went back to the Victoria and saw my master and Greenaway struggling—a policeman was sent for—I next saw the horse at the station.
Cross-examined by MR. RIBTON. Q. Did you not say that the mare had been up to her old tricks again? A. No—she was not given to bolting—I did not see her go—when I looked she was out of sight—she had been worked before that day.
Cross-examined by MR. LILLEY. Q. When Smith came out did you not deliver the horse to him voluntarily? A. He said I was wanted in the parlour, and I gave her to him—I thought at that time that the horse was bought.
Cross-examined by MR. PATER. Q. When was it you saw Clarke first?
A. On the Thursday, during the time the bargain was going on; I was outside the public-house—Clarke did not get on the mare—he took no part in the matter.
MR. JUNNER. Q. How long was the mare employed that day? A. From a quarter to one up to a quarter to six—I gave her to Smith on account of his saying I was wanted in the parlour—there were no other persons there besides Greenaway, Clarke, and Smith.
MARTIN TWINEY (Policeman 99 R). About twenty minutes to seven on the 16th January I was called to the Victoria public-house—Greenaway was charged with two others with stealing a horse—he said he could not understand it—on the way to the station he said he was a respectable man and wished me to leave go his arm—he said he was a paper merchant, and afterwards that he kept a greengrocer's shop at Peckham, and he wanted the horse to draw a van—he then said he could produce the horse to prevent further bother—I found 11s. 6d. on him and some coppers.
Cross-examined by MR. RIBTON. Q. Have you ever said anything about a paper merchant before to-day? A. Yes—on the way to the station he said he was a respectable man, and would pay for the horse, if it was 50l., and he did not know who took the horse—my deposition was read over to me before the Magistrate—I thought it curious that he should be a paper merchant as well as a greengrocer.
WILLIAM EVERETT (Policeman 204 R). On 16th January I met Greenaway in Rotherithe New Road, being taken towards the station—from information, I went in search of the horse—I met the witness Fryer with it, and took him and the horse to the station—the prosecutor afterwards identified it there.
WILLIAM FRYER . I am a labourer, of 5, Basing Yard, Kent Road—on 16th January I met Smith—he asked if I would take a horse to a public-house under the railway arch, and I should see a butcher there, and another young man with him, and to tell them he would be there in a minute—I went with it—I met the last witness, and was taken—I did not know Smith—I had seen him before—I left him in the road talking to another man.
Cross-examined by MR. LILLEY. Q. Did he not say there was a bother about the horse, and he wanted it taken back? A. Yes.
EDWARD GAGE (Police Sergeant 25 A). I saw Greenaway being taken to the station from the Victoria public-house—I was in plain clothes—from what I heard, I kept observation in the road, and about a quarter or twenty minutes past eight I saw Smith and Clarke pass along the New Road towards the Deptford Road—I followed them; they were met by Clarke on a pony, and the three commenced talking together—I heard Clarke say, "The horse is at the station, and if you go to the beershop at the corner beyond the station you will be able to square it"—I went up to them, took hold of Smith, and said, "I want you for being concerned with two others in stealing a horse of Mr. Chandler; I am a police officer; there is a man on that horse that knows me"—Clarke said, "I know you, sergeant," and he got off the horse—Smith said, "Why, the man has got his horse back again; I don't know what he wants more; let me go, and I will walk with you"—I said, "I shall not let you go"—he swore that he would not go, but eventually he went with me—on the road he again asked me to let him go—I said, "I don't know you, but I know the other man"—he said, "That is my father"—we went on towards the station, Clarke followed up till we got past the Prince of Orange beershop, and then he dropped back—I met two constables, turned Smith over to them, and went back and apprehended
Clarke at the bar of the Prince of Orange—he said, "Do you want me, sergeant?"—I said, "Yes, I want you for being concerned with the others"—he said, "Mr. Chandler asked me to get him a customer a month ago"—in going along he said, "You have been quick to the station"—I said, "I have not been to the station; I sent your son up with two policemen"—he said, "He is no son of mine, his name is Davis, his father lives in Pomeroy Street, Old Kent Road."
The Prisoners' Statements before the Magistrate:—Greenaway. "I looked at the horse and wanted to buy it; I wanted him to go down to my place for the money." Smith. "I have nothing to say." Clarke. "Mr. Chandler asked me to get him a customer for the horse."
The prisoners received good characters. GREENAWAY and SMITH— GUILTY. Recommended to mercy by the Jury on account of their good character.— Four Months' Imprisonment . CLARKE— NOT GUILTY .
SARAH DEVAL . I am the wife of Joseph Deval, of 6, Tunbridge Place, Peckham—on 13th January I had two shawls and a pair of boots in the kitchen—I saw them as late as nine o'clock at night—we did not go to bed till eleven—I fastened up the doors and windows before going to bed—I was the last up—the door is very easily forced open, as the bolt is a very bad one—I was not disturbed at all in the night—my husband was up first in the morning—my daughter went down at seven—I came down about eight—I did not miss the shawls till twelve in the day—I saw that a great many lucifers had been partly burnt, and then I looked about, and missed the shawls—these are them (produced)—the boots have not been found—I found the brickwork and the woodwork of the window broken away—that had been all safe the night before.
JOSEPH DEVAL . I was the first down on the morning of the 14th—I came down about five—I noticed the door a little way open—I went out into the yard, but did not discover that anything had happened—it was too dark for me to see—I went to my work.
DAVID WEBBER (Policeman 512 P). About a quarter-past four on the morning of the 14th January I was on duty in High Street, Peckham, and saw the prisoner in company with another man—the prisoner was carrying these two shawls in a handkerchief—knowing him, I went and asked him what he had got; he said, "Two shawls"—I asked where he got them from; he said, "From Mrs. Brown, of Cambridge Place; the number I can't tell you; I am not certain; it was near the Red Cow"—I went part of the way with him, but, not believing his statement, I took him to the station, and said I would go and see myself.
Prisoner. I told you Edward Brown gave them to me.
SUSAN BROWN . I live in Cambridge Place, Peckham—I do not know the prisoner—I never gave him any shawls to carry—I live about ten minutes' walk from the Red Cow—I believe there is no other Mrs. Brown living there.
DAVID WEBBER (re-examined). I know Edward Brown, the son of the last witness—he is gone away, and I cannot find him—he was the person who was with the prisoner—as soon as I began to follow the prisoner the other went into a beershop—while I was bringing the prisoner back past
the beershop Brown came out again, and came along with me a little way—the prisoner said to him, "Ned, come back with me; he thinks I have stolen these shawls; come back, and see they are all right: I have told him I had them from Mrs. Brown, and I am going back to give him satisfaction"—I took the prisoner to the station, and then went to Mrs. Brown to make inquiry—I am quite sure he said Mrs. Brown gave them to him.
Prisoner's Defence. They were given to me by Edward Brown; I did not know they were stolen.
GUILTY of receiving .†— Twelve Months' Imprisonment .
213. THOMAS ORAM, alias JOHNSON (29), PLEADED GUILTY to a burglary in the dwellinghouse of Warner Thorne, and stealing 15l. in money, a waistcoat, and other goods, his property, having been before convicted of felony.— Eighteen Months' Imprisonment .
Before Mr. Justice Willes.
MR. METCALFE conducted the Prosecution.
FANNY HADLEY . I am a widow, of 16, Princes Street, Stamford Street, Blackfriars—I knew the prisoners' child, Lois Wagstaff; it was fourteen months old—they lived at ; the male prisoner is a wharf labourer—I have known the prisoners for three years, and the child from its birth; it bad always been very delicate—it had a cough—it had cut its other teeth with a cough, and now it had cut another tooth through its illness with a cough; it cut one through with a fortnight's illness—I saw that it was worse, and we called for "the elders;" that was on the Wednesday, a fortnight after, as the child was taken worse on the Tuesday; it was not well before that, and we had called for them on the Sunday previous—it died on 22nd January—we called for the elders a fortnight before its death; we had it anointed several times during the fortnight—when the elders came they anointed the child's chest, and offered up many prayers to the Lord on behalf of the child; it got a little better for a short time, then it was worse again—we anointed it with oil such as they use in the church—we rubbed over the part where the pain was—I don't know what oil it was; it is what is used in the3, White Horse Yard, Westminster Road church—I believe our brethren pray over it before they use it—my impression was, from my own experience, that the anointing did good—when the child got worse we called in the elders again; it was anointed several times after that—we had two elders from our own church, and two from a church in Essex—there are several churches in Essex—I did not ask them to come, they called to see us—that was done several times; anointing the child, and praying over it—nothing more was done, except nourishment we gave it all the nourishment we could think of, barley water, new milk, port wine, corn flour, and gruel, and we beat up a new-laid egg once for it, and we gave it a little brandy-and-water, very weak—that was the last tiling we gave it before it died; it did not take much; we gave some once before, very weak; that was during the fortnight—the child revived a little after we gave it, we thought it did it good—the mother devoted most of her time to the child during the fortnight—the father was out net work during the day—he was at home in the evening—he attended to it
when he was at home—he was very kind and affectionate towards it—no doctor was called in—nobody suggested calling in a doctor—we have not done so since we have been living to the Lord—before we were brought into the light of the Gospel we always had a doctor in case of illness—we are not pressed by the church not to call in a doctor, but that is the doctrine that is preached, have faith and trust in God for our body as well as for our soul—the mother holds those opinions also—if I was unwell I should not call in a doctor—I have been ill several times, and I have always called for the elders—I have been severely afflicted with small-pox and different things, but have not had a medical attendant.
COURT. Q. You seem to be a friend of the prisoners? A. We all belong to the church, and we look after each other—we do not call in medical advice, because we have so much proof of the healing power of God in so many instances when we have been sick, and we have confidence in God that, when we are sick, he will raise us up again—I am a living witness myself—I can't say that it would be a sin to call in a doctor, but still we have such confidence in God that He will undertake for us by going according to His Word, we believe God will answer our prayer, that is our privilege, and that He is able to heal without the assistance of any mortal; we have proved it so many times for ourselves, and the promise is for us, and for our children; I have seen Mrs. Wagstaff's children raised up several times—we use the oil because it is according to the Word of God; we read it in Mark and in James, and we go according to the Word of God—we go upon the text in St. James's Epistle—we don't speak against a doctor; a doctor is very well for any one that has not got faith to trust in God—the prisoners have two other children, one is about five and the other about three—they are well-nourished children and healthy—they suffer from colds or any little thing at times, but they are like people's children in the same condition of life, and the prisoners are kind affectionate parents—we thought the child was suffering from teething—we did not know that it was inflammation—it had no fits; it did note appear anything serious; it could not talk; it seemed very quiet; it did not seem to suffer a great deal—the anointing of oil was on the chest, all round the chest—the cough seemed to lay on the chest.
THOMAS COOK . I live at Walworth, and am summoning officer to the Coroner—in consequence of hearing of the death of this child, I went on Wednesday afternoon to 3, White Horse Yard, Westminster Road—I there saw the mother, the last witness, and two male persons—I believe the father was not at home—I saw the body of the child—upon examining it I wished to know who the medical man was—I was told that no medical man had seen the child—I said, "The child has been ill more than a fortnight, and not call in a medical man? you are not in a position to have the child buried; if you had called in a medical man there would have been no occasion for my being here"—the mother said no more than that she trusted in the Lord—I then asked her what religion she termed herself—she said they were "Peculiar people"—I said it was a sect I had never heard of, I thought it was very peculiar indeed—I then took the name of the witness, Mrs. Hadley, being present at the death—I wished to know if they had called in any neighbour—they said, "No"—I reported the case to the Coroner, and he gave an order to Mr. Donahoo to open the body.
COURT. Q. How long had the child been dead when you called? A. I believe it died that same morning—I went to inquire if there was any necessity for the Coroner to take notice of it—Mrs. Hadley had
called at my office, when she found she could not get a certificate to bury the child, for me to call there, and I went up immediately I came in.
THOMAS MALCOLMSON DONAHOO . I am a surgeon, of 19, Westminster Bridge Road—the witness, Mrs. Hadley, called upon me for a certificate of the child's death; as I had never seen it, and knew nothing about it, I called at the place, and saw the child dead—I then sent her to the Coroner's officer—I afterwards examined the child—I found no marks of external violence—I opened the chest—I found the child had suffered from acute inflammation of both lungs, on the right side first, then on the left—that on the left side had been going on for about eight or ten days, on the right side perhaps for about five; with that exception, the rest of the body was quite healthy—in all probability the child's life would have been saved if proper remedies had been used at the commencement of the disease—the symptons must have been very urgent, from the extent of the inflammation—any ordinary person must have seen that there was great distress, a good deal of fever, difficulty of breathing, and such like; it would be evident to any ordinary observer; it is a very distressing thing to see a child labouring under such a disease—it ought to have been leeched in the first instance, and small doses of antimony administered—I don't think weak brandy and water would do much harm, certainly no good—port wine would not be proper—I should not administer any stimulant to a child with that state of chest—I complain rather of what was not done; the remedies I speak of ought to have been applied—the oil would do neither good nor harm—in my judgment, if a medical man had been called in tolerably early, in all probability the child's life would have been saved—there was nothing the matter with it but the chest—it could not have coughed very much, there might have been a little cough, but latterly it could not have coughed anything to speak of; the lungs being injected with blood, there would not be air enough to draw out the cough, and there was a good deal of effusion in the pleura—I have known many cases where persons have lost one lung and yet have lived on; they have coughed then, that would be a chronic state—there are some differences between medical men as to the use of phlogistic means; there have been the phlogiston and the antichloristic—one of the most distinguished men in the profession in modern times was considered to have gone too far in the phlogistic line—this case would be accompanied with a good deal of fever—the system of the gentleman referred to was in favour of the administration of brandy, largely, I have read the Lancet, and I know it has been supposed by able men that he may have caused a danger to society by making people take more drams than was good—the woman explained that the quantity of brandy she gave was very small, and if that was the case it would not be of much consequence—it would be of no moment—inflammation of the lungs is a very serious thing, and very often under the most successful treatment it kills people, in spite of all that can be done—it may sometimes make secret advances, so that persons without skill might not exactly know that the thing was so serious, but I don't think that would be so in this case.
Mary Wagstaff's Defence. Respecting the cough, the child had cut six teeth, and with each tooth it had had a cough, and during this illness it had a very bad cough; at times the phlegm would rise in its throat. Towards the last it coughed very much, not loudly, but very often. We gave it every kind of nourishment we could think of—arrowroot, sago, and different things that I could get, new milk and eggs, and everything
I could possibly get. Since I have been with these people, of course I have held the same views, and I have many times proved the Lord in such cases. I believed that He would do the same now. I did not know that I was breaking the law or going contrary to it. If I have done anything wrong it has been through ignorance, but I am not guilty of causing the child's death.
Thomas Wagstaff's Defence. I don't know that I have anything more to say than what my wife has said; I am of the same opinion. I feel sorry if I have done anything contrary to the law. I feel that, as I love the Lord, I must be one to keep the laws of my country, and be a peace-maker instead of a peace-breaker. I should not like to break the law; I want to keep peace with all men. I feel that the Lord has done much for me, if I put my trust in Him, as commanded by His word and teaching—I do not feel that I have done anything wrong. I have been kind to my children, and done all I could for them.
NOT GUILTY , but the Jury stated that the prisoners were liable to censure for not calling in medical advice.
ADJOURNED TO MONDAY, FEBRUARY 24TH, 1868.