CENTRAL CRIMINAL COURT
J. C. LAWRENCE, MAYOR.
THIRD SESSION, HELD JANUARY 11TH, 1869.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND, BY
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED, BY
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
BUTTERWORTHS, 7, FLEET STREET,
Law Publishers to the Queen's Most Excellent Majesty.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, January 11th, 1869, and following days,
BEFORE THE RIGHT HON. JAMES CLARKE LAWRENCE, M.P., LORD MAYOR of the City of London; Sir HENRY SINGER KEATING, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir ROBERT LUSH, Knt., one of the Barons of Her Majesty's Court of Queen's Bench; Sir ROBERT WALTER CARDEN, Knt., JOHN CARTER , Esq., F. A. S. and F. R. A. S., and Sir BENJAMIN SAMUEL PHILLIPS , Knt., Aldermen of the said City; The Right Hon. RUSSELL GURNEY, Q.C., M.P., Recorder of the said City; ROBERT BESLEY, Esq., SILLS JOHN GIBBONS, Esq., DAVID HENRY STONE , Esq., and JOSEPH CAUSTON, Esq., Aldermen of the said City; THOMAS CHAMBERS , Esq., Q.C., M.P., Common Serjeant of the said City; and ROBERT MALCOLM KERR, Esq., L. L. D., Judge of the Sheriff's Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
WILLIAM JAMES RICHMOND COTTON, Esq., Alderman.
CHARLES WILLIAM COOKWORTHY HUTTON, Esq.
ALEXANDER CROSLEY. Esq.
ROBERT SLEE, Esq.
CENTRAL CRIMINAL COURT.
J. C. LAWRENCE, MAYOR. THIRD SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, January 11th, 1869.
Before Mr. Reorder.
MR. BESLEY. conducted the Prosecution;
AUGUSTUS DELANCY SMITH . I am a solicitor, and have an office in Great James' Street, Bedford Row—I live at 55, Oakley Square—on the night of 18th November, about 9.45, I was walking towards my office, intending to call for some papers—I had left Brett's hotel at 9.30, where I had been dining with a friend—I turned into a urinal in Jockey's Field's—there was a gas lamp over the urinal, and a boy was there with lighted candles in each compartment—there are, I think, three compartments—there was another man in the urinal—I was just on the point of turning out of the urinal when the prisoner came up, turned into the urinal, seized hold of my guard chain, which I had attached to my watch and the button hole of my waistcoat, and attempted to take it from me—I resisted, and took hold of him by his coat and waistcoat with my right hand—I had an umbrella in his left hand—this happened just within the urinal—the lamp was quite near—I could see most distinctly, everything, almost as the light of day—the prisoner immediately up with his left fist and struck me a violent blow across my lip—which cut my lip very much—I still retained my hold of him, and called out for help, and then he still retaining his hand on my chain, up with his fist and gave me a violent blow on my left eye—it cut my eye a good deal, and gave me very great pain—the effect of it was to knock me down in the urinal—I had been suffering from severe illness and was rather weak—I was perfectly sober—while I was down he made another violent try at my chain—he got it away from my waistcoat but left my watch in my pocket—the chain he took away—as soon as I got up I went
to my office first, and immediately made a complaint to a policeman whom I met in Lamb's Conduit Street—he accompanied me to the police station, and I there gave a description of the person—at the time I was in the urinal I saw that he was a dark man with peculiar features, rather a prominent roundish nose, rather a short man and stoutly built—on Sunday, 29th November, ten or eleven days afterwards, I was called by the police to look at some men—four men were shown to me, among them was the prisoner—I recognized him as the man who had assailed me—but I could not swear very positively to him at the moment—it appeared to me that his features had a little changed, that he had extended his nostrils by breathing through them—but on seeing him the next morning in the waiting room I had no difficulty whatever in recognizing him—I am positive now that he is the man.
Prisoner. Q. When you saw me at the police station were there not two other men with me, and two policemen, about six feet high? Witness. I don't know who they were, I should think they were about five feet high—I think I first said "I think he is the man, but he has not the same suit of clothes on"—I don't remember that I had any conversation with the constables after that—I went and looked at you again, and was even more confirmed in my impression than I was at first.
WILLIAM CHAMBERLAIN . (Policeman E 163). I was at the station on 29th November, when the prisoner was there—I called in two young men who were passing by, and placed them and a policeman with the prisoner, and two others who were charged with him, named Edwards and Hopkins—the policeman was in plain clothes, and was about five feet seven or eight in height—the persons from the street were dressed in the same class of life as the prisoner, apparently—the prosecutor went to the prisoner and pointed to him—he was told to touch the one he knew, and he touched the prisoner—he did not point to anyone else—at the Bow Street Police Court the prisoner asked to see me, I refused last Session—he asked the Judge to let him see me—I went to him—I did not hold out any inducement or threat to him—he said "I did not steal the chain, I know who did, I saw the chain just after it was stolen"—he said it was done by three men living on the Dials—he told me their names, and mentioned a house in Charles Street, but said he could not say they were living there—he told me to apprehend them—he said they had not been to see him or sent him anything—he said it was an old fashioned round chain, he saw it in the beer shop on the Dials—I asked him the beer shop, he said he did not know—he said he believed the chain was sold in Barbican—I asked him where, and he then said, "Well, I don't think it was sold there."
MR. SMITH. (re-examined). It was a very old-fashioned chain, I should think sixty or seventy years old, with large gold links; what would be called a cable chain—I had had it ten or twelve years—there was another man in the urinal, but this was the only one that attacked me, the other seemed to go away at once.
Prisoner's Defence. I am innocent of the charge. I saw the man that had the chain in a public-house, shortly after it was stolen, and I gave a description of him. Mrs. Perry, the landlady of the public-house, could prove that I was in her place at 9 o'clock, and never moved out. I had a very bad cold, and had a mustard plaster on.
162. GEORGE WILLIAMS (21), was again indicted, with WILLIAM EDWARDS (48), GEORGE HOPKINS (24), and EMILY SINGER (23) , for unlawfully having in their possession, at night, certain housebreaking implements.
MR. BESLEY. conducted the Prosecution.
WILLIAM CHAMBERLAIN . (Policeman E 163). On Saturday night, 28th November, I was on duty near the corner of Gray's Inn Road, with Carter, Policeman E 117; we were in plain clothes—about 12 o'clock, I saw the four prisoners, and a woman not in custody, standing at the corner of Gray's Inn Road, in conversation together—I watched them—they remained there about ten minutes—they then went down Holborn as far as the White Horse in Fetter Lane, all five together—two of them, I believe Hopkins and Williams, went into a lodging-house there, the others stopped outside—Hopkins and Williams came out of the lodging-house again, and joined the other three—they then went up Fetter Lane into Holborn, down Red Lion Street, through Princes Street, down Bedford Row, and through Feather-stone Buildings—they stopped there some minutes, and separated—two of them stopped opposite No. 20, Featherstone Buildings, which is a working jeweller's, two went past, and the other stood against the lamp-post in the centre—they then joined at the end of Featherstone Buildings, and went down Holborn together as far as Brownlow Street, went up Brownlow Street, along Bedford Street, and got to the corner of Featherstone Buildings again; they stood there, and then went along as far as Red Lion Street, down Red Lion Street into Holborn and into Featherstone Buildings—Hopkins, Singer, and Williams, and the woman not in custody, stood in a corner there, which is rather dark, and Edwards went up to the door-step of No. 20—the other four were standing nearly opposite No. 20—I went to the corner of Featherstone Buildings, and crossed over to Great Turnstile—Singer saw me and called out, and they all ran out—the two women crossed over on the opposite side of Featherstone Buildings, the other three ran down Holborn, and we caught them opposite the Holborn Theatre—Carter took hold of Hopkins and Edwards—I caught Hold of Williams—some other constables came to our assistance—I told Williams I should charge him with loitering in Holborn and the neighbourhood for the purpose of committing a felony—he said, "I have done nothing, and I sha'n't go"—I said, "You may as well go quietly"—I got him as far as Eagle Street, No. 40, which is a lodging house where thieves live—just there he stopped, and tried to throw me—I called out for a constable to come and assist me; constable Smith came up—we then went about three yards further, when he again tried to throw me, and we both went on the ground—whilst on the ground he dropped something—I could not see what it was; I heard it fall—Smith picked it up; it sounded like iron—this is it (produced), it is a crowbar—Hopkins was behind, in custody of Welch.
Williams. I never offered to throw him; he was trying to screw my arm, and trying to put something up my sleeve. Witness. Certainly not—we were both on the ground when he dropped this.
ROBERT CARTER . (Policeman E 117). I was with Chamberlain on the night of 28th November, from 12 till 1.15—I took Hopkins and Edwards into custody—I told them I should charge them with loitering in Holborn and the neighbourhood, for the purpose of committing a felony—Edwards said, "I am only now come, sir"—on the way to the station, he said, "If
you charge me, you will charge an innocent man"—I had seen him all the time with the others—I found on him a penknife, and 4 1/2 d.
WILLIAM SMITH . (Policeman E R 33). I went to the assistance of the other constables, when the prisoners were taken into custody—I followed close behind Hopkins—I saw him throw down these three keys, wrapped up in this piece of rag—two of them are skeleton keys, one is a common key—I have produced the jimmy which I picked up. Hopkins. When we got to the station he would not go into the charge-room, but went into the yard with the other officer, and then produced these keys and the piece of iron. I never had them, or saw them. Witness. That is not so; we had to wait in the passage, as there were two charges previous to ours.
WILLIAM WALSH . (Policeman E 63). I conveyed Hopkins to the station—on the way I saw last witness pick up three keys—I did not see them actually drop—I saw Smith pick them up, about eighteen inches from Hopkins—I saw a struggle between Williams and Chamberlain—I saw Smith stoop, but did not see what he actually took up, but when he stood up he showed me the jimmy—I saw it there in the street, and the keys also.
Edwards' Defence. I never saw the keys, I never saw these men or women before. I had been to the Colonnade Mews, and was returning from there. I saw Williams standing talking to a female, and asked him to give me a light, and while he was giving it me, the officers came up and took us, I knew not what for.
Hopkins' Defence. I was in the public-house, at the corner of Gray's Inn Road, from 8.30 till 12. I then went up Holborn to a pie shop, and about 1 o'clock I was coining down Holborn and saw these men standing talking and asking for a light, and I asked him for one also, and I was getting the light when the officers caught hold of me.
Williams' Defence. About 12.30 or 12.35 I was coming up Holborn, I had been selling umbrellas. I met with some neighbours and treated them with some ginger beer. Just before I got to Red Lion Street, there were two prostitutes who I knew, and I stopped talking to them for five or ten minutes, and this man came and asked me for a light; I gave it him, and then the other one came and asked, and he got a light off the same light, and the constables came up and seized us; the two females made off.
Singers' Defence. I went to the police station and the constable said, "I will have you, with some of your pals; you are the woman that ran away on the Saturday night." I gave him my name and address, and he said, "It is a false name and address, she is a prostitute." I am not, I was three years and a half ago, but have not been since.
WILLIAM CHAMBERLAIN . (re-examined). She gave a name and address—I put it down in my book at the time—nothing was said about its being false—I have known her for the last six or seven years—I am quite sure she is one of the women I watched for an hour and a quarter.
Witness for the Defence of Singer.
MARY LONG . I am the wife of Bartholomew Long, and live at 7, Bear Alley, Farringdon Street—on Saturday, 28th November, I was hawking about Richmond—I left Richmond at 10.45, and arrived at Waterloo station
at 11.30—I came home to my mother's place, 8, Ely Court, Holborn; it was then 12.5—I found the prisoner Singer there, with my tea ready for me—she used to work for me, and mind my brother-in-law, who is a little boy, and earns 4s. 6d. a week—I took particular notice of the time, because I had told her I should be home about 12 or a little after.
Cross-examined. Q. Had you any watch? A. No; but St. Andrew's clock is right opposite, and I looked at that as I was passing; it is lighted up at night—I know I left Richmond by the 10.45 train; I looked at the clock there, and I also looked at the clock when I got to Waterloo—one of the constables came to my place and I gave him the same account—the young woman was never out later, she was at home minding the place for me.
COURT. Q. Did you find her there when you got home? A. Yes; and my tea ready—she stopped there till we went home together with my husband and brother-in-law, to my place in Bear Alley—she lives there with me—I always go to my mother's for my supper on Saturday night, not to lose any fire, as I am a poor woman—I went before the Magistrate.
EDWARDS— GUILTY .— Twelve Months' Imprisonment.
HOPKINS*— GUILTY .— Eighteen Months' Imprisonment.
WILLIAMS**— GUILTY .— Seven Years' Penal Servitude.
SINGER— NOT GUILTY .
SEBASTIAN MARTIN . I live at 5, Cannon Street Road, St. George's—on the night of 1st January, I was in a public-house in St. George Street—I saw the two prisoners there in company with others—I went out between 11 and 12 o'clock—I was sober—I had had a little, but nothing to affect me in the least—I saw them outside the door—I walked away towards home—after I had walked a little way, the men came up and tackled me—I could tell that they, these two men, were the ones that I saw in the public-house before—there were four of them when I came out, and four came up and attacked me—they took my purse out of my pocket—one put his hand to my eyes, and one held me by the shoulder, and the others were feeling my pockets—I called "Police!" and they ran away—one left a hat behind, and I took it to the station—I did not see the men who attacked me—these prisoners were two of the four that I saw, but I can't say whether they attacked me.
CATHERINE CASEY . I was with the last witness at the public-house, and came out with him—I saw some persons outside—I think Norman was there, with a young woman—they ran away after they took hold of the man—I saw them catch hold of him, I can't say who it was—it was a dark place—I did not see anyone there but the four men—they were together—I can't say whether either of the prisoners attacked the man.
GEORGE PITMAN . (Policeman H 200). I was on duty in the neighbourhood of St. George's, on 1st January—about 150 yards from the public-house mentioned by the witnesses, I heard a cry of "Stop thief!" or "Police!"—I was at the bottom of the hill, and I waited, and the two prisoners ran down towards me, and they said, "There is the slop!" and they turned round and ran back, and I followed them for a quarter of a mile—they were running in the direction from where I heard the cry—I found them lying in a van in George Yard, Cable Street—I took Donovan into custody, and brought him down
to the prosecutor—I asked him if they were the men, and he said they were both the men—I told them they were charged with stealing 3l., from the prosecutor, and Donovan said, "Well, I tried my luck, and I am sorry I failed."
ALFRED BURGOTNE . (Policeman H 115). I was on duty at this place, and saw the prisoners running—I followed them up Bolt Street into George Yard—I found them hid in a van, with their faces downwards—I am sure they are the two persons I had seen running—I was about ten yards behind them when I heard the cry of Police!"—I ran after them and kept ten yards behind them, when they hid themselves in the van.
Donovan's Statement before the Magistrate. "I was lying in the van half an hour when eight or nine policemen came and dragged me out, and charged me with robbery, and took us to the bottom of the yard, and a gentleman said we were the men who had robbed him." Norman's Statement. "I was there half an hour when the policeman seized Donovan, and charged him with having a purse and 3l., He said, 'If you attempt to get away I will hit you with my staff.' He then managed to chuck us out of the van. He asked the prosecutor if we were the men, and he said, 'Yes.'"
Donovan's Deface. I was in the van half an hour when they charged me with this. I am innocent; I know nothing at all about it.
Norman's Defence. I was lying in the van for about half an hour when constable 200 jumped up into the van and charged me with the robbery—he would not allow us to get down, but threw us over the side—he brought us to the prosecutor, and said, "I believe they are the two men who robbed you"—and he said "Yes."
GUILTY .— Twelve Months' Imprisonment each.
MR. DOUGLAS. conducted the Prosecution.
GEORGE JOHN ROLLER . I keep the Alexander Chambers, in Horse Shoe Lane—it is a lodging house and a beer shop—I know Evans as a former lodger—on the 20th December last I was in the bar, and the prisoner Gordon came in between 9 and 11 o'clock—he tendered me a shilling for a pot of beer—I put it in my pocket—I gave him the change for it—he then went away—I looked at the shilling after he left, and found it was bad—I also found three other bad shillings—there were four in all—I can't say from whom I had received the others—on Monday, 21st December, the prisoner came in, in company with another person—I saw a passing of money between the three—the one that got away passed it to Gordon, and Gordon to Evans—Evans tendered a bad shilling for a pot of beer, which I broke in their presence—I said the money was as bad as those who had passed it—I kept it in my waistcoat pocket—I then went out for a constable—the prisoners remained in the bar—as I was returning they were running away—I pursued them and called "Stop thief!"—Evans was stopped by a constable—I followed Gordon, and he went into an unfurnished building in Cross Street—the constable searched the house for an hour and a half—I was outside while the constable was inside—I charged Evans with passing bad money, and he said nothing—I gave the bad money to the constable, going to the station.
JAMIS WARREN . (policeman G 268). I was on duty in Wilson Street, on 21st of last December—I heard a cry of "Stop thief"—I saw the two prisoners running, followed by the prosecutor—they ran out of Hone Shoe Alley—I caught Evans in Eldon Street—I then saw Gordon brought in custody—the, last witness charged them with passing bad money—Evans said that a man gave him a bad shilling that evening, and if he was to come forward he would not say that it was him, he would rather suffer for it himself—Mr. Bullen gave me five bad shillings—one was broken in half.
CHARLES BOYBEN . (policeman G 109). On 21st December, I was on duty near the prosecutor's house—I heard a cry of "Stop thief!" and saw Gordon running, he was followed by Mr. Buller—I searched a building after receiving a description—I found him in a hayloft, in an adjoining building—he was concealed under five trusses of straw—I said I should take him into custody for passing bad money, in connection with others—he said, "I could not help it"—I searched him and found a shilling, three sixpences, and three half-pence, and a farthing.
Prisoner. I had no bad money on me.
Gordon's Defence. I have not passed any bad money—the 1s. that I gave to Evans, to pay for the pot of beer, is what I had change for half a crown.
Evans Defence. I passed it without ever knowing that it was bad.
GUILTY .— Nine Months' Imprisonment each.
MR. DOUGLAS. conducted the Prosecution; and MR. PATER. defended Thompson.
LEWIS COCKERELL . I keep a general shop and post office, at North End—about 4 o'clock on Saturday afternoon, 19th December, Ward came and asked for 3s. worth of stamps—I gave them to him, and be gave me a two shilling piece and two sixpences—a woman came into the shop just at that time—she appeared to be in a very great hurry, and asked me to serve her with some cheese immediately—I served Ward with the stamps, not taking any notice of what she said—I tried the two shilling piece with my teeth, and told him it was bad—he said his missus must have given it to him—I returned it to him and he gave me a good one and went away—the woman remained and purchased the cheese, and kept me in conversation—I sent my man out, and I went after him—I saw Ward and Thompson together, about 200 yards from my house—I watched them for an hour and a half—they were joined by the woman about fifty yards higher up—I saw Ward go into Mr. Lloyd's post office—I saw them both outside together, talking for about five minutes—after Ward left Mr. Lloyd went in—Mr. Lloyd looked in his drawer:—when I came out again I saw the prisoner and the woman with him walking towards Kensington—I gave information to the police, and they were taken into custody about ten minutes or a quarter of an hour after—the woman was discharged at the Police Court—I was present when the cheese and some stamps were found on Thompson.
Ward. Q. Did you see me go into a stationer's shop? A. No.
COURT. Q. Were the stamps that were found those you had served Ward with? A. Yes, I can swear to them; there were five sevens and an odd one to make 3s. worth, which is a peculiar number to serve.
DAVID LLOYD . I am a poet-master in the Hammersmith Road—on Saturday afternoon, 19th December, Ward came in for some stamps; I served him, and he gave me two shillings and a sixpence in payment—I put them in a drawer—there was a little more money there—Mr. Cockerell then came in; Ward had just gone—I had some conversation with Mr. Cockerell and looked into my till, and I found the bad shilling as I had put it in, and I found another one, so that he had given me two, and a good sixpence.
Cross-examined. Q. Did you ever say before to-day that two bad shillings had been given you? A. No, I only speak to one, though I have no doubt he gave me the two—I had never seen the man before to my knowledge; the gas was alight—the stamps were sold through a pigeon hole—I saw him through the pigeon hole, and also through the open rail above it; you can see any person distinctly.
Ward. Q. Can you swear you ever saw me before you saw me at the Police Court? A. I can swear I served you with the stamps.
JOHN LABER . (Police Sergeant T 27). On Saturday, 19th December, about 5 in the afternoon, Mr. Cockerell came up to me in the Kensington Road, he gave me certain information which led to my following Thompson—I took him into custody on a charge of being concerned with another man in uttering counterfeit coin—he only said, "Oh!"—as soon as I took hold of him, he shifted something from his right hand to the left—I got hold of his left hand, but there was nothing in it—I took him to the station and found on him a pocket-book, containing 157 postage stamps and a knife—just before I searched him Mr. Cockerell said, "You will find my stamps in seven fives and an odd one," and I did so—I also found on him some money, a quarter of a pound of cheese, and a pair of children's mits—I received four bad half-crowns from the witness Cole.
Cross-examined. Q. The money found on Thompson was good? A. Yes—it was just a little after 5 o'clock when I took Thompson into custody—just getting dusk, not dark—Brooks, another constable, was with me—he was present when I took Thompson into custody—ho took hold of Ward—they were both together.
COURT. Q. Among the 157 stamps was there one parcel, of a half crown's worth, separate from the others? A. Yes—and one of three shilling's worth.
FREDERICK COLE . I am a coach builder by trade—I live at a tobacconist's at Kensington—on 19th December, about 5 o'clock in the afternoon, I was in the Kensington Road, and saw the two constables and Mr. Cockerell stop the prisoner—as soon as the sergeant stopped Thompson, He stood and turned round and made a motion with his hand as if to throw something in the road—I afterwards went and looked in the road and found these four half crowns, and a piece of tissue paper—they were not in the paper—it had burst—I took these to the station and gave them to Sergeant Laber.
Cross-examined. Q. Had Thompson an umbrella in his hand when the sergeant came up? A. I did not see it—I saw him taken off by the sergeant—I found the half-crowns two or three minutes afterwards—I did not say anything about having found them till I got to the station; the constables had gone on when I picked them up—I did not take the paper, I crumpled that up and threw it in the road—the coins were exactly opposite where Thompson was taken into custody—about two or three yards in the road—they were covered with mud—Ward was close to Thompson at the time.
Ward's Defence. I wanted the stamps to send to my daughter. I did not know the shilling was bad.
Fifteen Months' Imprisonment each.
MESSRS. DOUGLAS. and DAVIN. conducted the Prosecution: MR. PATER. defended Williams.
SARAH MARGARET SANSON . I am the wife of George Sanson, and am barmaid at the Red Lion, York Street, St. James'—on 29th December, about 6 o'clock, I was serving at the bar, and Williams and Weller came in—Weller asked for a quartern of gin, and tendered a shilling—I tried it with my teeth and found it was bad—I gave it back to him—he put it in his pocket and gave me a good florin—I gave him the change—I had some conversation with Foster, the barman—about two minutes after the prisoners went out together, after they had drank the gin.
Cross-examined by MR. PATER. Q. Had you seen Williams before, to your knowledge? A. No—this was 6 o'clock at night—I was alone behind the bar—Foster was in the tap-room, having his tea—we do a middling trade there.
HARRY FOSTER. I am barman at the Red Lion—on 29th December, the last witness pointed out the two male prisoners to me—they were in the bar—I saw them leave the house, and they were joined by Finnigan about two or three yards from the door—they went to Church Passage together, and stood there talking—they all went into a public-house, called the Two Brewers, and then I saw the constable C 56—I stood outside—I saw them come out in about two minutes—I followed them into Piccadilly—they were all three together in Church Passage.
HENRY DUNN PHILLIPS . I am a tobacconist—on 29th December last, Finnigan came into my shop, and a man—I can't say who he was—I think it was Williams, but I am not certain—the man came in first and the woman afterwards—I can't recognize the man who came in, but I am sure Finnigan was the woman—the man bought half an ounce of tobacco, and the woman as well—I received 2 1/2 d. from the man, and a shilling from the woman—a policeman came in just before I had taken the money up, as it was on the counter, and said it was a bad shilling—I tried it and found it was bad—I put my mark on it, and gave it to the policeman—the woman was detained—this (produced) is the shilling.
Finnigan. Q. Can you swear I gave you the shilling? A. Yes; I am sure it was you.
GEORGE HAMILTON . (Policeman C 56). On 29th December, about 6 o'clock, from information I received from Foster, I went into Jermyn Street and saw the three prisoners together—I watched them and saw them go into the Two Brewers public-house—they came out of there and went into Church
Passage—they stood there together—Weller left, and after a short time joined them again—they went into Piccadilly, and Williams left—I followed him, but lost sight of him after a short time—he came back again—Finnigan then left and went into Mr. Phillips' shop—Williams walked up and down outside the shop, and Weller remained in Piccadilly—I can't say whether Williams went into the shop—I went in and the woman called for half an ounce of tobacco—she paid with a shilling—I asked Mr. Phillips if it was bad—he tried it and said it was—I asked two persons in the shop to take charge of her, and I went and took Williams into custody and brought him into the shop—I then went into Piccadilly and took Weller—he tried to throw me upon the pavement—I got assistance and took them all to the station—they said they had never seen one another before—Williams refused his address—Weller gave a correct address—I found no bad money on any of them—I only saw the woman go into the shop.
Cross-examined by MR. PATER. Q. Williams is a bargeman, is not he? A. I believe he has been to sea.
LOUISA BEVERLEY . I live at the Two Brewers, in Jermyn Street—on 29th December, the three prisoners came in and ordered something to drink, and Williams gave me a bad shilling in payment—I told him so—he said, "No, it is not bad; let me look at it"—I gave it to him, and he gave me a good one.
Cross-examined by MR. PATER. Q. Did they all come in together? A. Yes—my master was there—I had never seen the prisoners before—I should know the shilling again if I saw it; I bent it with my teeth—it was a little after 6—a constable came in about 8 o'clock the same evening, and spoke to me—Williams ordered a half-pint of beer; that was the only order that was given—Williams drank it, and the others looked on.
Welter's Defence. I went into the bar, but I don't believe the shilling was a bad one. He put it on the counter, and the two men took it up, and I never saw anything about it. I am a seafaring man, and can produce my discharge.
Finnigan's Defence. I did not know it was bad. I went into the shop. I had been up Church Passage with a friend; she went to get something for the baby. I have never been in trouble before.
WILLIAMS and WELLER— Twelve Months' Imprisonment each.
FINNIGAN— Six Months' Imprisonment.
MR. DAVIN. conducted the Prosecution; and MR. PATER. the Defence.
HERBERT STAMMERS . (Police Sergeant N 4). On 1st January, I saw the prisoner in Upper Street, Islington, and, in consequence of information, I went up to him and caught hold of his left hand; another officer took his right hand—I said, "What are you doing about here?'—he made no answer—I said, "What have you got in your pocket?'—he resisted very violently, and attempted to get his left hand into his trowsers' pocket—I got mine in first, and took out this parcel containing six half-crowns, wrapped in tissue paper—I said, "This is bad money; I shall take you into custody"—he said, "I know nothing about it; I have picked it up"—the coins were wrapped separately in tissue paper.
Cross-examined. Q. Did he give a correct address? A. I am not sure of that—he said he came from a lodging-house, and, from the description given by the person who keeps the lodging-house, I believe it is him—I did not see him pick it up; I know he did not within a quarter of a mile—I have never known him to have been in custody before—I had followed him a quarter of a mile; he had not picked up anything during that time.
Cross-examined. Q. Were you in uniform? A. No, plain clothes.
GUILTY .— Twelve Months' Imprisonment.
MR. DAVIN. conducted the Prosecution
MARY BUTT . I am bar-maid at the Red Cow, Long Line—on Saturday evening, the 2nd January, between 8 and 9 o'clock, the prisoner came in and asked for a glass of six ale, he gave me a shilling—I took it to the till, tried it and bent it—I gave it to Annie Florence, she was in the bar—I did not say anything to the prisoner.
ANNIE FLORENCE . I am head bar-maid at the Red Cow—on the 2nd January, the last witness gave me a bad shilling—the prisoner was in the bar—I told him it was a bad one, and asked him if he had any more like it—he said, "What do you mean?"—I said, "That is a bad one, and if you have any more, let me see them"—he said, "I shall not be dictated to by you"—he gave me a good florin, and said that was all he had got—I sent one of the customers for a policeman, and in the meantime the prisoner ran away without his change—I followed, caught him, and brought him back to the house.
Prisoner. You went to my mother? Witness. I did—I asked her if she would come and see you—she said you had gone to buy some things, and she had given you a half-crown.
Prisoner's Defence. My mother gave me the half-crown to buy a piece of meat—I got the shilling in change, and I went past this house. I put the shilling down and found it was bad.
GUILTY . *.— Twelve Month's Imprisonment.
Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
NEW COURT.—Monday, 11th January, 1869.
Before Mr. Common Serjeant.
JOHN MOSS . (City Detective Serjeant). On the morning of 21st December, about 5 o'clock, I went with Obee to the prisoner's house, 50, Wellington Street, Victoria Park—I saw his wife—I searched the front and back parlours, and I found in the cupboard in the front parlour three moulds (produced) one is for half-crowns, one for a florin, and one for two single shillings—I took them to the station where the prisoner was in custody, and asked him how he came in possession of these moulds—he said, "He was a mould maker, and made them to make ornaments for sweetstuffs at Christmas.
Cross-examined. Q. Did he give you his right address? A. Yes—he was a watchman at Great Winchester Street Buildings—the moulds were not concealed, they were on the shelf.
MART ANN WATKINS . I am the wife of Samuel Watkins, of 50, Wellington Street—the prisoner occupied the two parlours there, for which he paid 5s. a week—he went away on Sunday night and was taken in the morning—I always thought him an honest respectable man—he is a carver and gilder.
WILLIAM WEBSTER . I am Inspector of Coin to Her Majesty's Mint—this is a mould for making four half-crowns, but it is imperfect—here is an imperfect mould for making two shillings—this is a mould for making a florin, it is in a more perfect state than the others—they are not such moulds as would be used in the manufacture of sweetstuff—they are ordinary moulds for coin making, and the coins used are the worst specimens that could be got; and if intended for sweetstuff or ornamental purposes the best coins would have been used—it is common to select the worst specimens, especially for half-crowns.
Cross-examined. Q. I suppose you mean if they can obtain new coins? A. They can always do that, there are plenty in circulation—these would have never been used—the channels require cutting—this one for florins, could be used at once, but the others could not—I could make a florin from this.
The Prisoners' Statement before the Magistrate. "That I made a mould is a fact, but I also made it for the purpose of moulding a lozenge, it was my intention to cut away the crown part of the mould and substitute for it a Maltese cross, or heart, or some other device."
NOT GUILTY .
MESSRS. HILL. and GRAIN. conducted the Prosecution.
THOMAS PALLETT . I am assistant to Mr. Conningsby, a grocer, of Ponder's End—on 11th December I served Smith with some tobacco, which came to 1 1/2 d.—he gave me a shilling, which I put in the till, and gave him the
change—he left, and about five minutes afterwards my matter looked in the till and took out this bad shilling, which I believe to be the one Smith gave me.
EPHBAIM CONNINGSBY . I saw Smith in my shop, and saw Pallett serve him—after he left I went to the till, and found this bad shilling (produced) there was only one other shilling there, which I had just taken myself and which I recognized by it being a smooth one—I marked this one and gave it to Edwards.
THOMAS BRIDGE . I am a grocer, of Ponder's End—on 11th December, I served Smith with half an ounce of tobacco—he tendered me a bad shilling—I bent it and gave it back to him, and he gave me a good one.
MARY ANN TAYLOR . I keep the Swan, at Ponder's End—on 11th December I served Gray with a half-pint of beer—she threw down a sixpence, which I put in my pocket where there was no other sixpence, and gave her the change—my son came in, I showed it to him, and he said that it was bad—this is it (produced).
HENRY WILLIAM TAYLOR . I saw Gray come out of my mother's beer shop—I went in and my mother gave me this bad sixpence—I gave it to the prisoner—I afterwards saw the two prisoners together, outside the door, speaking together, 150 yards from the house (Mrs. Conningsby's shop is about 100 yards from my mother's).
EDWARD LOWER . (Policeman N 271). I received information from Taylor, and found the prisoners in the White Hart—they stayed there nearly an hour, and then went down the road—I followed them three quarters of a mile, passed them, and got to the police station—as they passed the station, I and another officer stopped them and took them in—we told Gray she was going to be searched, and what she had got she had better produce—she immediately produced 1s. 6d. in copper and a bad sixpence; some tea, and two half ounces of tobacco—before taking them I saw them passing something to each other, which looked like tissue paper, or whitey-brown paper—I received this bad sixpence (produced). from Mrs. Taylor.
THOMAS EDWARDS . (Policeman Y 279). On 11th December, I was on duty at the Highway Station, and assisted in taking the prisoners—I searched Smith and found some note paper, 23s., in half-crowns, shillings, and six-pences, and a good half-sovereign, and in his hand a brass tobacco-box, containing four bad sixpences and one bad shilling—I received this bad shilling from Conningsby.
SIDNEY SNOBWELL . (Policeman Y 311). On 11th December my daughter gave me this bad shilling, and asked me if it was bad—I went to the station and picked up a sixpence on the step of the station door—I live a few doors from the station—next morning I received information, searched a small garden where the prisoners had stopped, and picked up these five shillings, wrapped in this paper (produced)—the paper was not between each two.
WILLIAM WEBSTER . The shilling of 1865, uttered by Smith, and the sixpence of 1859, by Gray, are both bad—this shilling, of 1859, found on Smith, and four sixpences, of 1859, are bad—the sixpences are all from the same mould as that uttered by Gray—of the four found on Smith, three are from the same mould as the one uttered by Gray—all the sixpences are from one mould—the five shillings thrown away are bad; two of them are
of 1865, and from the same mould as the one uttered by Smith—here is one of 1859, from the same mould as one found on Smith.
Smith's Defence. I had been working on the railway at Sevenoaks. I saved my money, and changed a half-sovereign, and in the morning I found these bad sixpences. I was paid 23s., all in sixpences. I put the bad six-pences in a tobacco box, that I might not pass them.
Grays Defence. I had no idea the money was bad; what I had belonged to the man; I had never seen him before.
SMITH— GUILTY .— Eighteen Months' Imprisonment.
GRAY— GUILTY .— Twelve Months' Imprisonment.
MESSRS. HILLS. and GRAIN. conducted the Prosecution; and MR. DAVIN.
SARAH LEWIS . I am barmaid at the Philharmonic Hall, Upper Street, Islington—about a fortnight or three weeks before 9th December, the prisoner and two other men came to the White Swan, which belongs to the Philharmonic Hall—I served them each with drink; each gave me 1s.; I gave each his change, and put the 3s. in' the till—the prisoner then called for two pennyworth of drink, and gave me another shilling—I gave him 10d. change, and kept the shilling in my hand, as the two others called for two pennyworth of drink each, and each paid with a shilling—the prisoner drank his and left first, but they were all in company—I said to one of them, "This is a bad shilling"—he said, "Give me that; I will call my friend"—he went out with it, and never came back—I looked at the third shilling and said, "This is bad also, I will just name it to the housekeeper" and I called Butler, the private constable—when I returned they bad ran away, leaving the two bad shillings—I then looked in the till, and found three bad shillings—I put them all behind the kitchen fire, and they ran through like lead—on 9th December, the prisoner came again for a pint of cooper—I remembered him at once, and sent for Butler, who came—the prisoner gave me a bad shilling, and I said to Butler, "You had better take this young man up; he is the one who passed the bad money a fortnight or three weeks ago—the prisoner said, "Oh, give it me back, and I will give you sixpence," and put down a sixpence—I said, "You had better be searched; I dare say you have got some more money"—he then knocked down Butler, who was standing at the door, ran to the top of White Lion Street, and was brought back in custody—I gave the constable the bad shilling—I am positive the prisoner is the man who came three weeks before.
Cross-examined. Q. What made you I recognise him when he came in on the 9th? A. Because he stayed about two hours when he first called—I had never seen him before to my knowledge—he knew that I had sent for a policeman when he ran out, and Butler was standing at the door.
MR. HILLS. Q. Before they came, had you seen them outside; A. Yes; I went out on an errand, and saw them in the court.
DAVID BUTLER . I am a private constable at the Philharmonic Hall, Islington—on 9th December, about 4.30, I was sent for to the White Swan beershop attached to the hall—the last witness said, loud enough for the prisoner to hear, "Butler, this is the young man who passed the bad money two or three weeks ago, and this is a had shilling also"—I took him in custody, and sent a boy for a policeman—my back was to the house, and
the prisoner made a dash against me, and sent me out at the door-way—I lost him for a moment, but found him in custody, and he was brought back—I have no doubt of him.
WILLIAM BUTCHER . (Policeman N 45). I saw the prisoner running, and heard a gentleman calling "Stop thief!"—I ran after him, took him back to the hall, and he was given into my custody—he said nothing to the charge of passing bad money three weeks before—I found 4 1/2 d. on him.
He was further charged with having been convicted at this Giant In January 1868, to which he
PLEADED GUILTY .— Seven Years' Penal Servitude.
MESSRS. HILLS. and GRAIN. concluded the Prosecution.
JAMES BRANEAN . I am employed by the Mint—on 17th December, about 5 o'clock, I was in Featherstone Street, St. Luke's, with Inspector Fife, Miller, and other officers—I saw the prisoner cross me—we followed him to the corner of Bunhill Row—he appeared to be in the company of another person—but there were so many people about that I could not say—he looked round, saw me, and put his hand to his mouth—I instructed the officers to seize him—they did so, and a piece of paper dropped from his hand—in it was a bad shilling—I said, "I need not go through the old form, Con., to tell you who and what I am, you are suspected of having counterfeit coin"—he was choking, and we pushed him into a public house and got hiss some water, when a good 6d. dropped from his mouth—Miller took from his pocket a packet containing ten bad shillings, with paper between them—they had undergone the process of slumming, to give them a dull appearance.
JOHN FIFE . I was with Brannan and Miller—I saw Miller seize the prisoner and take a packet from his left trowsers pocket containing bad coin—I went to the public house, and the prisoner appeared to be swallowing something—Miller took him by the throat and a 6d. fell from his mouth.
Prisoners' Defence. I found the coins.
He was further charged with having been before convicted.
SAMUEL CRIEP . (Police Seageant N 3). I produce a certificate (Road: "Central Criminal Court. Oct., 1864. John Leach, convicted of unlawfully uttering counterfeit coin. Imprisoned Nine Months.")—I was present—the prisoner is the man.
GUILTY.— Seven Years' Penal Servitude.
MESSRS. HILLS. and GRAIN. conducted the Prosecution.
GEORGS GARE . I am a cheesemonger, of 20, Tabernacle Walk, Finsbury—on 24th December, about 6 p.m., I served the prisoner with a 1/4lb. of butter—she gave me a bad shilling—I bent it, and said, "How many more have you got like this?"—she said, "Why?"—I said, "It is bad"—she said,
"I hare just taken it in change at the public—house at the corner, the Windmill"—she opened her hand with some half—crowns, shillings, sixpences, and coppers, which I examined, and it was all good—she gave me a good shilling, and I disfigured the first and gave it her back—she said she would take it back, as it was a great shame to impose on poor people—I followed her—she did not go in, but turned round and saw me looking at her—she crossed the road, and then crossed again, and went into the Windmill—I sent my young man in at another door to see whether she complained—he came back, and told me something, and I went and watched her out—she crossed the road, and another woman joined her—I pointed her out to 57 G, and she went up Castle Street.
WILLIAM JAMS . I am manager of the Windmill publics-house, within four doors of Mr. Gare's—on 4th December, I saw the prisoner served with a glass of ale—I heard her make no complaint—she tendered a good half crown—I had not given change for any gold to anybody before that.
ARTHUR FORDSAM . I am a son of Thomas Fordham, a bookbinder, of 85, City Road—on 24th December, I served the prisoner with a pack of playing car which came to 9d.—she gave me a half-crown—I it in the till; there was no other half-crown there—the prisoner was afterwards brought back by a policeman—my brother took the half-crown out of the till, and said in her presence that it was bad, and handed it to Mr. Gare's shopman, who handed it to the constable—the prisoner said nothing.
JOHN DTMOT . (Policeman G 57). I received information, and followed the prisoner to Mr. Fordham's shop—when she came out I took her, and took her back to the shop; Arthur Fordham was there, and Mr. Gate's shopman, who gave me this half-crown (produced), which Arthur Fordham's brother took out of the till; 6s. 5 1/4 d. in good money was found on the prisoner.
Prisoner's Defence. It was the inspector who marked the half-crown. It is not the one I gave.
She was further charged with having been be ore convicted, when she was sentenced to one year's imprisonment; to this she
Ten Year's Penal Servitude.
MESSRS. HILLS. and GRAIN. conducted the Prosecution.
ISABSLLA BURTMART . I keep a tobacconist's shop at Horselydown—on 14th November I served the prisoner with half an ounce of tobacco, and a pipe, which came to 1 2/4 d., he gave me a bad shilling—I asked where he got it, he said "For carrying a load from the City to the railway"—I gave him in charge with the shilling.
CHARLES SMITH (Policeman M 251). I took the prisoner, he was remanded and discharged.
JAMES ROBERT SLAUGHTER . I keep a coffee house at 14, St. Dunstan's Hill, City—I remember the prisoner coming there about 8.15 in the morning, someone else served him—I had just taken a shilling, tried it, and found it good, and the prisoner's shilling lay on the counter—I said, "Whose shilling is this t"—the prisoner said, "Not mine, mine was a good one"—nothing had been said about it being bad—I sent for a constable, and the prisoner went down on his knees and pretended to cry, and said that it was not him, for he had no bad money about him—I gave him in custody with the shilling—I saw him put the bid shilling on the counter.
Prisoner. The other man put his shilling down on mine.
Prisoner's Defence. It is not mine; he put his shilling down, and I put mine down. The place was busy at the time.
Hs was further charged with having been convicted of a like offence in July, 1863, when he was sentenced to six years' penal servitude, to this he
PLEADED GUILTY.**.— Ten Fears' Penal Servitude.
OLD COURT.—Tuesday, January 12th, 1869.
Before Mr. Recorder.
MR. LAMB. conducted the Prosecution.
ALEXANDER DUNCAN . I am a member of the firm of Blyth & Sons—the prisoner was in our employment as junior clerk—he was sent to the bank every Friday for money for the week—on Friday, 18th December, I sent him with a cheque for 200l.,—he did not return—in the dowse of the after noon I received this letter; it is his writing (Read: "December 18, 1868. Mr. Duncan, I have been robbed, cruelly robbed, of 130 sovereigns of your firm's money; the remaining 20l., in silver, and 50l., in halves. I left at Finsbury Pavement P. O., until I went to the place whore I was and must have been robbed. I got the money all right at the bank; I must have placed the sovereign beg, and I think I did, in my outside coat pocket. On going into a shop on the way, where was a crowd, it was snatched out of my pocket there. I have traced the party so tar, but can't get at him; and to. appear before you, or any of the firm, especially Mr. Blythe who have all been so kind to me, I am ashamed. This last act is certainly the Drowning act of my delinquencies and mistakes, and it must be the last. My brain is burning and reeling, and I am just mad. "Signed Andrew Lindsey.")—He had no directions to leave any at Finsbury Pavement; he was to bring 130 sovereigns, 50l. in half-sovereigns, and 20l. is silver—we received the 50l. and 20l.—he must have left that at the post-office, where he was in the habit of going, as a blind—I did not see him again till he was in custody.
NATHANIEL CREW . I am cashier at Fuller, Hanbury & Co's. bank—Masers. Blyth have an account there—I know the prisoner by coming to the bank for money every week, from Messrs. Blyth—on 18th December be presented this cheque for 200l.,—I paid him 20l., in silver, 50l., in half-sovereigns, and 130l. in sovereigns.
JOHN ADAMS MATTHEWS . I am assistant at the Pat Office Receiving House, 3, Finsbury Pavement—I knew the prisoner by coming there on business for Messrs. Blyth his employers—on 18th December, be came and asked me to take charge of two bags of money—I did so—he did not return for them—I expected him to do so—she did not appear in an unusually excited state.
JOHN WILSON BLYTE . I am a partner in the firm of Blyth & Some—on the evening of hint Wednesday week I was going to Liverpool with my wife—after arriving at the railway station, I went out to buy some lights to light my cigar, and as I passed the Royal George tavern the door Was
helf open, and I thought I saw the prisoner at the counter—he had no moustache then—when he was in our employ he wore one—I was not quite sure that it was him at first, and I went in and asked the barman what that young mail's name was—he said, "Andrew Stewart"—I then went up to him and said, "Lindsay, how are you"—he said, "How do you do?"—I said, "You are my prisoner!" and I gave him in charge to a policeman—I ran into the railway station to tell my wife to go without me—I then went on to the police station—the prisoner was searched, and on him was found an I O U for 72l., with the name of the landlord of the Royal George on it—we went to the bowie and got the 72l., in my presence.
JOHN GROUNDS . (Police Sergeant 259). The prisoner was given into my custody by Mr. Blyth—while walking with him to the station, I had hold of his left hand—he attempted to get it away—I said, "What do you want?"—he said, "Allow me to put it in my pocket"—I did so, and he took out two sovereigns and said, Allow me to give you this, and let me go; Mr. Blyth does not know your number"—I took him on to the station, and on searching him found 3l. in gold, and 19s. in silver, and 3d. in bronze, and likewise an I O U for 72l., of Mr. Speedy—I have not got the I O U—I have got the money.
JOSEPH HUGGETT . (City Detective Officer). On 19th December, I received a warrant of the Lord Mayor for the prisoner's apprehension—I went to his lodging at Bow Common, but he had left, and they could not tell me anything about him—I was not able to find him.
JOHN GILL . I am porter at the Royal George Hotel, Drummond Street, Euston Square—I know the prisoner, and I saw him about Euston Square about twelve months ago—I next saw him about a fortnight ago, standing at our bar—he afterwards went into a room—towards evening he said he thought of going to some place of amusement with three or four others, and he showed me this bag, and said, "I have been abroad and have earned plenty of money; I will give you 126l., to mind for me"—I said, "Very well, I will take care of it for you"—I handed it over to my master, who gave me an I O U for it, written on the back of one of his cards, which I gave to the prisoner—he had some of the money from time to time, 3l., or 4l., at a time, till it was reduced to 72l.,—he had a fresh I O U every time—he said every morning that he was going to Liverpool; but he never went.
GEORGE SPEEDY . I keep the Royal George—the first day I saw the prisoner was the day before Christmas Day; he came to my house a few days before that, but I was laid up—he told me he had got the money abroad—he did not say what he was.
Prisoner's Defence. The reason I did not plead guilty was, because I could not do so in conscience, according to the indictment. It is attempted to be made out that I really had premeditated this, and that I feloniously stole the 200l., 1 hold that I have not done anything of the sort. I have failed to account for upwards of 50l., which I am willing to plead guilty to having squandered and otherwise disposed of illegally; but, as to the indictment, I cannot plead guilty to that. It is said I left the money at the post office as a blind; I did nothing of the sort. I suppose the letter I wrote to Mr. Duncan will be placed to the same account? Had premeditated stealing the money, I should have gone right off with the 200l., and said nothing about it. It was on account of losing the money for a time that I went away at all and kept me from coming back to the office. My brain
got into a muddle. I had been very bad for some days with my bead my ears beating and drumming, and things dancing before my eyes; and after I came to Newgate, I was raving mad, as the governor and doctor know; and, if it had not been for strong and powerful medicines that were given me, I should have been attacked with apoplexy, or something worse and more permanent. It never entered nay head to rob or steal from anyone. I was not in my senses all the time, from that day till I was taken; in fact, I consider I was mentally deranged. I plead that, and I trust to your kind commiseration.
Recommended to mercy by the Prosecutor and Jury.— Eighteen Months Imprisonment.
MR. BRINDLEY. conducted the Prosecution.
CATHERINE SULLIVAN . I am the wife of Timothy Sullivan, of 2, North East Passage, Wellclose Square—about 12 o'clock on Christmas night, my husband brought the prisoner home, and asked me to get him a cup of tea, as he was very ill—we mule him as comfortable as we could, and he laid down in our room, covered with my husband's coat—about o'clock I went down stairs, leaving him in the room, and as I was returning up the stairs I met him on the lower landing—I said, "What made you come down, won't you have some tea 1"—he looked on one side and passed oat, and as he went out, I saw that he had my husband's coat under his arm; it was the coat that had been covered over him; it was worth 12s.—when I went up into the room again I missed it.
GEORGN BROWN . (Policeman H R 24). I took the prisoner into custody—I told him he was charged with stealing a coat on Christmas morning—he said he did not steal the coat; he slept in the house, but he was no thief.
Prisoner's Defence. I acknowledge sleeping in the house, but I know nothing about the coat.
NOT GUILTY .
MR. BRINDLEY. conducted the Prosecution.
HENRY ADOLPH HASSELBROOK . I keep the Brunswick Arms, Hooper Square, Whitechapel—on 28th December the prisoner took a bed at my house—he said he was a seafaring man, and had come from the South Coast of Africa—when I got up, a little after 8 o'clock in the morning, he was gone.
MARY MANNING . I am servant to last witness—on 28th December, the prisoner had a bed at our house—I was up at 6 o'clock in the morning—the prisoner came down about 8.40, and went out—about half an hour afterwards I went up stairs to make the bed, and the quilt was gone off the bed—no one but the prisoner occupied the room.
Prisoner. Q. Did not I speak to you when I went out? A. You asked rue what was to pay—I said I did not know, I would go up to the master; but you did not not give me time, you walked out and were gone before I returned—you might nave concealed the quilt about your person.
Prisoner's Defence. I am not guilty. She must have seen something about me if I had got it.
THOMPSON PLEADED GUILTY .
FRANCES ABRAHAM . I am a widow, and keep a stall at the Exhibition Clothes Exchange—about 3 o'clock on the afternoon of 25th December, I saw the prisoners there—Smith asked me the price of a scarf—I told him 2s. 3d.—he said he only wanted to give 6d.—they went away for a short time, then came back, and Thompson took a cloak, which was pinned up at the corner; he pulled it down and both ran away—I ran after them—I caught hold of Smith—he said, "I have nothing."
JOSEPH MOSES . I am a town traveller, living at Cutler Street—I was near the Clothes Exchange on this afternoon—I saw Thompson run out of the front and Smith out at the side—Thompson had a cloak in his hand, which he placed behind a stone—I ran and got it, and caught hold of him by the throat—he got away—I caught hold of him again, and kept him till the constable came up and took him.
SMITH— GUILTY .— Nine Months' Imprisonment.
Thompson was farther charged with having been before convicted.
JAMES BACHELOR . (City Policeman 597). I produce a certificate of Thompson's conviction on 20th January, 1868, of stealing a handkerchief from the person—he had six months—(Read)—I know him to be the person.
GUILTY. "— Seven Years' Penal Servitude.
MR. LEIGH. conducted the Prosecution.
CHARLES WRIGHT . I am a cart minder—on 1st January I was employed by Mr. Elvidge to mind his cart—a little after 7 o'clock I saw the prisoner walking up and down, looking about—he came up to the horse, took off the nose—bag and threw it into the cart, and then took off the cloth and threw that into the cart—he then took the horse by the rein and led him away in the direction of Holborn—when he had got about fifteen yards, or a little more, I went up and stopped him, called a constable, and gave him into custody—I asked him where he was going—he said he was going to take the horse and cart round the corner—the cart had fifty stone of meat in it.
Prisoner. About what time did you see me with the horse and cart! Witness. About 6.50, it was dark, not pitch dark—I was standing opposite the nose bag did not fall off—I saw you take it off, and the cloth also—you were leading it away in the direction of Holborn when I stopped you.
JABEZ ELVIDGE . I am a butcher, of 102, Seymour-street, Euston-square—on the morning of the 1st January I left my horse and cart in care of Wright while I went into the market, with fifty stone of meat in it—I don't know the prisoner—I never gave him authority to move my cart—the cart cost me 61l., and the meat 15l.,
Prisoner. A min asked me to Time it across the road, and I did so; I had so intention of stealing it.
He also PLLEADED GUILTY. to a previous convicted at this Court, is may, 1864, when he was sentenced to fug years' penal servitude.
Seven Years' Penal Servitude.
Mr. BESLEY. conducted the Prosecution.
JOSEPH LATHEIM JOSEPHS . I am a medical student, and live at 34, Carter street, Walworth—I know Mrs. Lazarus—on 18th December I went to her shop, 65, Fore—street—I saw Burnes there, and saw her leave the premises I knew her to be a servant of Mrs. Lazarus—I did not see her leave with anything, but a little while after I met her in the street carrying a carpet bag—I watched her, and followed her to Cumberland—street, Curtain-road, where I lost sight of her—I made a communication to Mrs. Lazarus I have been shown the bag since this (produced) is it.
EMMA LASARUS . I am a bag manufacturer, of 65, Fore Street—Burnes was in my service eighteen months—I do not know Keogh, I never saw her before this charge—Burnes had woes to the warehouse—I placed unlimited confidence in her, and set her to look over others, and keep the keys—in consequence of a communication from last witness I spoke to the police, and about thirty bags were afterwards shown to me at the police station, which I recognised as mine I had not authorised anyone to take them off the promises—there are some linings inside one of them; they would not be sent out or sold—I have lining similar to it—I have a son—he left for Sydney five weeks to day—these linings were out out by me since be left the value of the bags altogether is between 10l., and 12l—they are all finished off except the handles.
Burnes. The linings do not belong to you. Witness. I have the fellow piece they were out from now in use—I am certain they are mine—I was absent in October, at my daughter's wedding—I left my eon to manage while I was away—I returned on the 24th—I was gone a week, and on my return my son handed me a balance of 9l., from what I had left him to pay wages, etc.—and independently of that, he had a relative in the neighbourhood with orders to give him unlimited money to defray expenses, and he had money from that gentleman—the prisoner did not represent to me that she had advanced money to my son to pay the workpeople—she was about to leave, and her time was up a week before—she never complained to we of not having sufficient food—my son had left a fortnight before—Mr. Josephs saw her with this bag.
ROBERT OWTRAM . (City Detective Officer). On 18th December, in consequence of information, I went to 65, Fore Street, and saw Mrs. Lazarus—I often saw Burnes—I said to her, "Martha, you know me as a police officer, what have you to say in reference to a bag that you took away this after noon "t"—she said, "I took no bag," I said,—"It is no use saying that, for I know better, you will have to go with me to the police station, put on your bonnet and shawl"—she went into the kitchen to do so, and took up a knife off the table and endeavoured to out her throat—I prevented her she said she would die before she would go to the station—after speaking to her about it, she went to the station—four billings and three billings were
found upon her—after she was locked up I went to 13, Cumberland Street, Curtain Road, and there saw Keogh; it is a private house—she and her husband live on the ground floor—I told her I was a police officer, and had called in reference to a bag that was brought there that afternoon by a young woman—she said, "My dear soul, I have got no bag here"—I told her I knew different from that—after some time she produced a carpet bag similar to this, from a cupboard—I said, "Have you any more"—she said, "No"—I told her I should search the place; and in boxes, and in cupboard, and underneath the bed, in different parts of the room, I found sixteen carpet bags, nineteen black bags, and six bundles of bag handles, a quantity of lining; and in a box I found this pencil case, a pair of boots, a scarf, and numerous other articles—the bags were all new—they were concealed, and many of them sewn up in bundles—three or four sewn up in old rags and aprons, and stowed away in the cupboard, and some in the bottom of boxes where women's wearing apperal was—Keogh is married her husband was present at the time—I asked them what they had got to say—she said she had taken them in for the young woman, to mind, and her husband knew nothing about it—the bill against the husband has been thrown out.
Burnes' Defence. She was out at a days' work when I took the bags to her; she did not know anything of them. After they had been there a week she asked me where I got them. I told her that Mr. Lazarus owed me money and I got them instead. Mr. Lazarus gave me the bags for the money I had lent him to pay his mother's workpeople while she was away. I demanded my wages several times, and she would not give it me, and I left her because she did not allow me half enough food, and kept me up late at night to let her sons in, who kept such late hours. She owes me money now.
Keogh's Defence. I did not know they were stolen goods. She told me she got them from the eon, in payment for her money.
BURNES— GUILTY . of Stealing— Eighteen Months' Imprisonment.
KEOGH— GUILTY . of Receiving— Six Months' Imprisonment.
MR. CUNNINGHAM. conducted the Prosecution; and MR. FLOOD DAVIN. the Defence.
JORN SNELLINO . I am a salesman to Messrs. Richard Venables and another, of 34, High Street, Aldgate—ten Thursday, 24th December, between 12 and 1 o'clock, the prisoner came there and asked for a piece of doeskin at 3s. 6d. a yard—I assisted in serving him—he bought two pieces; one at 3s. 6d., and the other at 3s. 11d.—the amount of the bill was 16l., 11s., I think—I asked him if he would pay then—he said no, he would take the discount off, and if we would send the porter round with the goods, he would pay—he gave the address, J. Baker & Co., 18, Gresham Street"—nothing was said about giving credit—I did not know him at all—the goods were packed and sent.
Cross-examined. Q. Will you swear that you did not know the prisoner? A. I will swear I never saw him before he entered our warehouse—I can't say that he had never been there before—Mr. Venables assisted in serving him—he did not seem to know him—the place in Gresham Street was his correct address—I am sure he said he would pay on delivery.
packed up by the last witness, and I took it to 18, Gresham Street—it Was an office, with the name of "J. Baker & Co." on the door—I took the goods into the office, and saw a man there, not the prisoner—he said Mr. Baker was not in, he would go and fetch him—he did so—the prisoner came, and said that he wanted another piece, and he would go down to Messrs. Venables and pay for it altogether if I would accompany him he had a pattern of cloth in his hand—as we were going along, he said he wanted to call at a warehouse in Queen Street—he went into Messrs. Bevington's leather ware house, in Budge Row—that warehouse has two entrances, one in Cannon Street and the other in Budge Row—he told me to wait outside—he went in and Dame out again shortly, and said he was sorry to keep me so long, but he should not be many minutes now—he went into the warehouse again, and came out a second time, and asked me if I would have some cooper he said he wanted a receipt stamp, to receipt a bill—I happened to have one in my pocket, and I gave it to him—he went back into the warehouse spin, and did not return—I waited for some time, and then went inside—he was not there—they said he had gone out the other way next morning, I went with Monger, the police officer, to the prisoner's residence in Wenlock Street, City Road, and gave him into custody—he said if we would let him off he would tell where the cloth was—he said the other man had part of it.
Cross-examined. Q. How long did he keep you waiting outside the leather warehouse, the first time! A. About five minutes—there was nothing to prevent his going out at the other door then, if he had wished—I was at the same door all the time—when I went to his house, he said he could tell us where the other man was, who had part of the cloth was said he intended to pay for it on the Monday.
COURT. Q. What were your instructions with regard to the goods I did. Not to leave them without the money—if the prisoner had said he would pay for thorn in an hour's time, I should not have left them; but as he said he was going down to the warehouse to pay for them, I did leave them.
MR. CUNNINGHAM. Q. Do you identify these produced as the goods you took to the office in Gresham Street! A. Yes; there are only sixty—nine yards now, there were ninety three yards when I took it—I saw the prisoner on Christmas Day, in a cab, with the same man I had seen in the shop—the prisoner said the other man's name was Clarke.
ANTHONY WILSON MONGEE . (City Policeman 999). On Christmas Day, between 8 and 9 in the morning, from information I received, I went to 69, Wenlock—street, New North Road—I knocked at the door, and after waiting a quarter of an hour the prisoner opened it—I asked if his name was Baker, and he said Yes—I told him I was a police officer—I then called the last witness and Mr. Venables in, and they said, "That is the man"—I then said I should take him into custody for stealing a quantity of cloth yesterday—I followed him up stairs into a back room, which he and his wife occupied, and there saw this piece of cloth, thirty five yards in length, lying on a chair—I pointed it out to Mr. Venables, and asked the prisoner what had become of the other—he made no reply at the time—I searched the place, and in his waistcoat pocket found two duplicates relating to cloth pledged on the previous day—I asked him what had become of the remainder he said if I would come with him he would show me the person who had got it, of the name of Clarke—we drove in a cab to 26, Alma Road, Hoxton, where the Prisoner woke up Clarke by throwing stones at his window—I told Clarke, in
the prisoner's presence, that I was an officer, or the prisoner did, and said there was a bother about the cloth—I asked Clarke what he had done with the piece of cloth that he had taken away—he said he had pawned it, and sold the duplicate—I afterwards went with him and the prisoner to Essex Road, Islington—Clarke went to a house, and brought out a piece of cloth to me—On the way there Clarke said to the prisoner, "You have got me into a fine mess, you know you gave me the cloth in lieu of wages"—the prisoner made no reply to that, and they began swearing at each other—I afterwards received two duplicates relating to cloth from the woman Clarke was living with—that cloth has been identified by the prosecutor—I took the prisoner to the station, searched him, and found on him an invoice for the cloth, and also a pattern of cloth.
Cross-examined. Q. When you went to the prisoner's place, did not he my at once that he had had the cloth! A. He did not say a word about it at first—I caught him by the collar, and he dragged me up stairs—he after wards told me he could tell me the man who had the cloth—he asked air. Venables if he would take the cloth back—he said he was not guilty of stealing it—he intended to pay for it on the Monday—when Clarke said to the prisoner, "You have got me into a pretty mean," the prisoner said, "No, I have not, you took it yourself."
MR. CUNNINGHAM. Q. Before you searched the prisoner, did you ask him anything about duplicates! A. Yes, and he said he had no duplicates in the house—the two duplicates I found relate to ten yards of cloth.
GEORGIC TRINAMAN . I am assistant to Mr. Leach, a pawnbroker, of 93, Hoxton Street—I produce five yards of cloth, pawned on 24th December, for 10s., by a person who gave the name of James Manning—it was not the prisoner.
JAMES JONES . I am assistant to Mr. Edwards, of 173, Hoxton Street—I produce five yards of cloth, pledged on 24th December, for 10s., in the name of John Carver—while I was serving the person, the prisoner came in, and they both went out together.
Cross-examined. Q. What makes you recognize the prisoner! A. I know him—I could swear to him—I believe I have seen him in our shop before.
GUILTY .— Fifteen Months' Imprisonment.
The prosecutor being called on his recognizance, and not appearing, the prisoner was ACQUITTED .
GALLAGHER PLEADED GUILTY . **— Twelve Months Imprisonment.
MR. GRIFFITHS, for the Prosecution, offered no evidence against KKMP— Not GUILTY .
NEW COURT—Tuesday, January 12th, 1869.
Before Mr. Commies Yeast.
EDMUND HOWALL . I am shopman to Mr. Roach, a chemist, of St. Jamey Street—on 5th December, between 7 and 8 p.m., I served the prisoner with twopennyworth of ammonia—she gave me a florin—I put it in the till, gave her the change, and she left—there was no other florin in the till—Mr. Roach took it out, and it was bad—on 7th December, the prisoner cams again for a pennyworth of pills, and gave me a bad half-crown—I recognised her as soon as she came in, and Mr. Roach gave her in custody.
Prisoner. I was never in the shop before. Witness I am quite certain of you.
PORS ROACE . I live at 8, St. James' Street, Pall Mall—on 4th December I saw Howell serve the prisoner, and after she left I took the florin out of the till, and it was bad—I placed it by itself—on 7th December she came again, and tendered a bad half-crown to Howell—I gave her in custody, with the half—crown and florin.
Prisoner. I was never in the shop before. Witness I am midair of You.
Prisoner's Defence. I had no idea it was bad. I was never in the shop before.
GUILTY . *—Bight Months' Imprisonment.
Messrs.HILLS. and GRAIN. conducted the Prosecution.
FRANCES MILLES . I am the wife of William Miller, who keeps the Canterbury Arms, Notting Hill—on the night of the 18th December I served the prisoner with a pint of sixpenny ale—she tendered 1s.—I kept it in my hand and left the bar for a few minutes; when I returned I put the shilling between my teeth, and told her it was bad—she said, "Oh dear me, I will give you another for it," and laid down a 6d—that was bad also—she gave me back the ninepence change I had given her, and threw down a good six-pence—she left—my husband fetched her back, and gave her in charge with the bad sixpence—I searched her, and found six sixpences, a four—penny piece, and 2s. 0 1/4 d. in copper, all good—I asked her why she did not pay in copper—she said that was her husband's money, and she could not part with it—I gave it all to the constable.
Prisoner. I told you I had just taken it for work. Witness. You did not.
GEORGE IRWIN . (Policeman X 10). I took the prisoner—Mrs. Miller charged her with passing these two coins (produced), handing them to me—to made no reply—she was searched, and they brought me a basket she had
in her hand, containing two mutton chops, two loaves, a few apples, and a quarter pound of cheese.
Prisoner's Defence. I sat up all the night before to earn the money to pay my debts—I had just taken it.
NOT GUILTY .
Six Months' Imprisonment.
MR. WOOD. conducted the Prosecution.
WILLIAM COLLINS . (Policeman Y R 53). I am stationed at Tottenham—on 10th December, about 3 o'clock, I saw that a whole division had been taken out of a window of the Wesleyan chapel—I got through the opening, and found the prisoner in the vestry, sitting on a cushion, with a pair of tongs by his side, and a box, which he had attempted to force with them; he had forced a great splinter off—i also found these matches, and several others laid about, which had been struck—I asked him how he came there—he said that he did not know, he had no recollection—he was perfectly sober—on the way to the station he dropped a box of matches.
He was further charged with having been before convicted in March, 1867, to which he
PLEADED GUILTY.— Judgment Respited.
MR. COOPER. conducted the Prosecution.
JOSEPH WAINWRIGHT . I live at 67, King Street, Drury Lane, and am a porter at Covent Garden Market—on 2nd or 3rd September, the prisoner came to me in Weston Park, where I had a stable, and asked if I had a horse and cart to lend him, to go to Sevenoaks, as he was going to take some things down; and if he was successful he would give me 18s., or a sovereign, for the use of the horse and cart for three days—I lent him the horse, cart, and harness, and he never came back—I did not see him again until he was apprehended, about three weeks afterwards, outside Mr. Carmick's, a butcher, in High Street, Marylebone—the value of the whole was about 15l.,
Prisoner. Did I not come to you and hire a horse and cart several times, and pay you! Witness. Twice previously—I have known you five years—I have seen you in St. Martin's Lane, dealing—I did not say I wanted to sell the horse—nothing of the kind.
THOMAS CARMICK . I am a butcher, at 7, High Street, Marylebone—on 2nd September, the prisoner came to the between 1 and 2 o'clock—he asked if I wanted to buy a horse and cart and harness—I said no, it would not suit me—he had got the horse and cart with him—I was going into the City, and when I came back he was there still—he said, I wish you would buy the lot, I want the money very badly"—I still refused—he said, "I want 5l., very badly, I wish you would lend it to me"—I said at last that I
would, and I lent him the 5l., and kept the horse, cart, and harness—he never came to me to pay me the 5l., I never saw him again till he was—In custody—he called at the shop after, but I did not see him—I afterwards gave up the horse and cart and harness to the prosecutor—I have known the prisoner about two years.
WILLIAM SUSSIMUS . (Policeman F R 12). From ping that occurred I spoke to the prisoner on Friday, the 8th January, in the Strand—I said, "Is your name Allman?"—he said it was—I then said, "You are charged with stealing a horse and cart"—he did not say anything at the time—I walked on a few yards with him, towards the station, and then he said, "It was a business transaction; a man said he wanted 6l., for them, and I should have a pound for my trouble; I went and got it for him, and the man has got his horse and cart again."
Prisoner's Defence. When I hired the horse and' cart, I did not go to Sevenoaks; I was trying to sell it for 51., and I was to have it. Myself. Mr. Wainwright said I did not steal it, and the inspector said to him, "Oh, charge him with stealing it. "I could bring lots of witnesses to my character if I had time.
GUILTY .— Six Months' imprisonment.
HENRY ABRAM CSAICBIAS . I live at 600, Mile End Road, Stepney—Sad am an accountant—on 27th November,—I fastened up the house securely before going to bed—I was aroused next morning about 12.40, and I saw a constable with a man in custody—I can't swear that the prisoner was the man—they were coming out of the gateway, from the yard—I examined the window of the back kitchen, and found a pane taken out, and the catch lifted up—I missed two tablecloths, a petticoat, and other articles—also about two pounds in silver, and a dead goose, and some sheets—I have seen some of the property since at the station.
Prisoner. What distance from the house was the shed where I was lying Witness. Abort thirty yards—I don't recollect that I mentioned anything about a dog at Bow Police Station—I may have said, I did not know how you could have passed the dog, but I don't remember it—I had got a dog—I don't think he would allow anyone to pass by, without giving an alarm—I beard him barking when I looked out of the window—I have bad one of my own men in custody, and charged Lim with the burglary—I never saw you in that man's company—I never saw you till I saw you at the station—the policeman did not state that he saw three men running down the yard—the man was discharged at the first examination—he absconded from my place, and the policeman took him—I did not give any information which led to his apprehension.
JAMES SHEPHERD . (Policeman K R 24). On 28th November, about 12.40, I was outside the prosecutor's house, on duty in South Grove, when a man came to the corner, apparently coming down the Grove—as soon as he saw me he ran away—I followed him, and he ran down the Mile End Road—that was about twenty or thirty yards from the prosecutor's house—I saw him kneeling down behind Mr. Chambers' house, under an arch—I followed down after him, and I got under the arch—I found—a
towel on the ground, and saw the door of Mr. Ch timber she I open, leading into the back part of his house—it comes out into that archway—I then went down into the bottom of the yard, and in an open shed I founds sheet and a dead goose, a flannel petticoat, and in a shed close by I found the prisoner lying down—I can't swear that he was the man that I had seen before, because I only caught a glimpse of him as he went under the arch—the gardens go into the Grove—the railings are about five or six feet high—I should think about eight minutes elapsed between my seeing a man running and going into the yard—I ran about twenty yards when I first saw the man running—when I got into the yard I did not see anyone running—I turned into the shed, and saw the prisoner—the things were lying near him, just outside—I found 5s. 5 2/4 d. and a bad shilling, which W. Chambers identified, just new where the prisoner was found—when I first saw the man running I could not say that he had anything with him.
Prisoner. Q. Did you not swear at the Police Court that you saw nine men running I Witness. No, I only saw one man—it is about twenty et thirty yards from where I first saw you to Mr. Chambers' yard—I only found 4 1/2 d. on you, half an ounce of tobacco, and a crust of bread—year brother said he had nothing to say against you more than you were given to drinking—you said you had no lodging—you did not look in the best condition—there was a partition in the shed where I found you that any one might come through—you said you heard someone come down the yard; you told the gentleman so.
COURT. Q. Did you see a dog in the yard! A. The dog was in the shed belonging to Mr. Chambers—not where the prisoner was, about twenty yards off—the dog was in the shed close to the window that was broken—he had to get into the shed to get at the window—the dog barked as the prisoner ran down the yard, not before—he continued to bark while I was going down—Mr. Chambers mentioned at the examination before the Magistrate that the dog was in the shed—I took two men into custody afterwards, from information I received, for being concerned with the prisoner they had been in the prisoner's employment about twelve months before—they were discharged—I examined the garden next morning, but could had no trams of footsteps.
Primer's Statement before the Magistrate. "I have been of work, aid have no home. I have been lying where I could for the last fourteen weeks; and I happened to be in this shed at the time. I went there to sleep. The policeman said last night at the station, that he followed three men down the yard. While in the shed, I heard someone come down, making a noise, as if clambering over the door."
Prisoner's Defence. For the last four months I have been out of work, and I sold everything I stood upright in. I was obliged to leave my lodging. Since that time I have lodged anywhere. I had done a day's work on this day, for the first time, at the docks. I paid some money away, and I had a shilling left. I stopped at a house that night, and when I left I had six-pence in my pocket. I bought half-an-once of tobacco, and that left me 4 1/2 d. I came along Bow Common Lane, and I went to some new buildings that were being made. The policeman found me there, and said, "You must not go there, or I will lock you up." I came to Mr. Chambers' yard, and saw some buildings down there that I could get into. I got into the shed, and laid down. I had been there some little time, when I heard some one come down the yard; and then someone clambered over the wooden
partition; and then I heard the policeman come down. He was in the yard before. He came to the shed, and then came in, and turned to the lefthand, where I was, opposite the door; and I could have easily escaped then and been clear, if I had done anything wrong. He distinctly stated at the station, that he saw three men running. Mr. Chambers said he did not know how I could pass the dog, and one of his men was in custody at the same time; it must have been someone well acquainted with the place.
The prisoner received a good character.
NOT GUILTY .
MR. GRIFFITHS. conducted the Prosecution.
NOT GUILTY .
MR. GRIFFITHS. conducted the Prosecution; and MR. STRAIGHT. the Defence GUILTY .— Bight Month's Imprisonment.
MR. MOODY. conducted the Prosecution; and MR. WOOD. defended Marrs and Elson.
ROBERT PAUL . I am a gas stoker, and live at 8, Garden Road, Kensal New Town—early in the morning of 27th December, I was in Bell Street, Edgwore Road—I can't exactly say the time—I was dragged in a passage by three men, and thrown on my back—I had hold of the top of the pocket, and they cut it off—there was 19s. in it—they were going away and caught hold of Marrs by the ankle, and held him as well as I could—I called out and the police came up—I kept hold of Marrs all the time till the police came up, and gave him into custody—I went to the station with the constable, and gave a description of the others—I saw them on Thursday, the 7th January—I was sent for to go to the station—they were mixed with outlaw, and I picked them out—I am sure they are the men—if Marrs had got away I don't think I should have known him again—but I had seen the others before, on many occasions—I was hurt in my inside, where they crushed me with their knees—they did not strike me at all.
Cross-examined by MR. WOOD. Q. This was in Bell Street, was it A. Yes—I do not live near there—I pass by there night and morning—I had come from King's Cross on this night—that is where I act as gas stoker—I had received my wages in the afternoon, about 4 o'clock—I had 25s. 9d., but 1 paid some away—I paid a man 5s. 9d. that I had borrowed of him—I had a sovereign then—I gave a man 6d. who was out of work—I had a pint of ale, and 3d. they left in my pocket—I had no money at all before I received my wages—I only spent 3d. in drink that night—I did not leave work till 8 o'clock—I should think it was two miles and a half from King's Cross to Bell Street—I went with a friend, and had supper with him; I had tea to drink at his house—I left his house between 11 and 12 o'clock—I never told anyone I had a game of dominoes in the neighbourhood—I never played at dominoes in my life—I was not with two women on that
night; I swear that—the passage was not very dark—the three men rushed out suddenly, and dragged me into it—I had seen in my money safe as I walked along the street—when I caught hold of Marrs, I was on my knew—I caught hold of the first person who was near me—the constable was the first person that came up—I never Saw any persons in the passage, except the man I caught hold of—I did not see the other two prisoners till last Thursday, and then the police came to me and said they thought they had got the two men which I had described—I picked them out, because I knew them before—I had seen them before, and I saw them that night—Elson was the man I picked out first, and then Nie—I did not pick out any strange man.
JAMEL JEAL . (Policeman D 234). On Sunday morning, 27th last December, I was on duty in Bell Street—about 1.20, I saw the prosecutor struggling with Marrs, at the end of St. James' Place, Bell Street—I asked what was the matter, and the prosecutor said he should give Marrs into custody for robbing him of 19s.—I caught hold of Marrs, and asked him what he had got to say to the charge—he made no answer—the prosecutor's pocket had been cut clean out—he was quite sober.
Cross-examined. Q. Was the passage very light? A. Not very—I did not apprehend the other two—I went and told the prosecutor I thought we had got the other men—he gave a description of them at the station.
RICHARD CLARKE . (Policeman D 200). About 1.30 on this Sunday morning, I was on duty, and heard a cry of "Police!"—I ran to the spot and saw Marrs and the prosecutor struggling together—the last witness came up about a minute before me—I assisted in taking Marrs to the station.
Cross-examined. Q. Had the prosecutor some difficulty in identifying Elson? A. He gave a description of two men who I never saw on the spot—he was rather excited—he said he had lost 19s., that was all—he was perfectly sober.
CHARLES TUFREY . (Policeman D 215). About 7.45 on Thursday morning, 7th January—I went to 5, St James' Place, Bell Street—I found Nie and Elson together there, lying on the floor, on a bundle of rags—I woke them up, and said that I should want them for being concerned with Marrs in robbing a man of 19s.—Nie said, "That's another bit"—Elson said nothing—I took them to the station, and the prosecutor was sent for, and they were placed in among eight or nine others—he picked out Elson first—he had another look round, and then said, "That is the other" and picked out Nie—I arrested them from the description I had, and also knowing them well—I had seen them all together on 26th December, about 11 o'clock.
Cross-examined. Q. You took the men because you knew them as being together, then? A. Knowing them as associates—I was on that beat—I did not see the prosecutor at all.
The Prisoners' Statements before the Magistrate. Nie says: "I was not there, I was with a young man, I work with." Marrs says: "I was coming down Bell Street, when I saw the prosecutor with two parties; he went down St James' Place with one of them, and into No. 5; they came out again with another man; they got talking together and the prosecutor said he had lost 19s.; he came back about half an hour afterwards with 250 d. He seized me, and another constable came up, and they knocked me down and kicked me. The prosecutor came up, and said I was the man. I could not say anything about it."
Nie's Defence. When I came home I heard that Marrs was locked up.
GUILTY .—Marrs was further charged with having been before convicted at this Court on 3rd December, 1858, in the name of Michael Welch.
WILLIAM SCRUBB . (Policeman D 259). I produce a certificate.—(This stated that on the 13th December Michael Welch was convicted for a robbery with violence, and sentenced to twelve months' imprisonment.)—I was present at the trial—Marrs is the same person—I took him into custody on the 29th November.
Cross-examined. Q. Are you sure you are not mistaken? A. Yes, I know his mother—I never knew that he had a brother—I did not know one—I did not know that he died two years ago—the prisoner was fifteen or sixteen years old when this took place—he lived in a passage in Grove Street then—I have been in the neighbourhood twenty-three yean—I have known him from a child.
Witnesses for the Defence.
ELLIN MARRS . I am the prisoner's mother—I live at St James's Place, Bell Street—he is twenty four years old—he was not convicted in December, 1858—I had another son, and the policeman gave him twelve months' ten years ago—the prisoner has been working for six years under different employers, and is a hard working chap.
Cross-examined. Q. What was your son convicted fort? A. They said he had a man who was going with a bird cage, or something—the prisoner was at home at that time—my other son was thirty years old when he died—he died two years ago—the prisoner was born in Ireland—I have not got the register of his birth.
THOMAS COX . I am a contractor, at 60, Hermitage Street, Paddington—the prisoner was in my employment from 26th March, last year, up to the end of July, and then my contract ceased, and I had no employment for him—he had a good character from me—I have known him for five or six year—I never knew anything wrong of him—I never heard before that he was convicted in 1858, and had twelve months'.
Witness in reply.
CHARLES TUFREY . (Policeman 215 D). I have known Marrs ten years, and I knew his mother and all the family—I have seen him at the corner of the street all hours of the night—I did not know that he was convicted—I never knew him do any work—I never knew that he had a brother—I knew the mother well.
GUILTY.— Seven Years' Penal Servitude.
ELSON and NIE— Two Years' Imprisonment each.
THIRD COURT.—Tuesday, January 12th, 1869.
Before Robert Malcolm Kerr, Esq.
195. JOHN SMITH (17), and JOSEPH MARTIN (21), PLEADED GUILTY . to two indictments for stealing nine stockings and three jackets, of James Bedells, and 7lbs. of mutton and two towels, of Theodore Moore— Nine Months' Imprisonment each. And
Imprisonment. [Pleaded guilty: See original trial image.]
MR. SERJEANT PARRY, with MR. MONTAGU WILLIAMS. and MR. BROMLET.
conducted the Protection; and MR. H. S. GIFFARD, Q. C., with MR. POLAND, the Defence.
In this case, tha Jury, being unable to agree, were discharged without giving any Verdict, and the trial was postponed to the next Session.
OLD COURT.—Wednesday, January 13th, 1869.
Before Mr. Justice Keating.
MR. GRIFFITHS. conducted the Prosecution; and MR. FLOOD DAVIN. the Defence.
MARGARET FLITTON . I am the wife of Charles Flitton, of 23, Spurston Road, Hackney—on Thursday night, 17th December, about 12 o'clock, I was awoke by a strong smell of fire—I got up and opened my bedroom door, and saw my son's room apparently in a blaze—it is the room adjoining mine, and was occupied by my son when he was at home; he was not at home then—the door was half open; I had shut it on going to bed—when I went into the room, I saw three distinct fires blazing on the bed—I put the blaze out by doubling the things up together, and burnt my hands in doing so—I then went up stairs, and awoke my daughter, who slept in the room over mine, and she assisted in putting out the fire—I then went to the prisoner's bedroom; she slept in the second floor back—she was my servant, and had been with me about six weeks—I had given her notice to leave on 1st December—I found her lying in bed and awake, although she pretended to be asleep; I could tell that from her manner—she had her night-dress on, but, in my opinion, she was partly dressed under it—I did not see that she had her things on, but I saw no stockings or underclothes about the room—she usually kept her boots, jacket, and bonnet in the kitchen; I noticed that they were in her room, and her box had been moved out of its usual place, and the cord put by the side of it—I said to her, "Sarah, what have you been doing?"—she said, "Nothing"—I said, "Mr. Charles' bed is on fire in three places, and I think you did it"—she said she did nothing of the sort—I took away her candle and matches, and sent for my son in the morning—I heard her deny it strongly to him, at first—(MR. JUSTICE KEATING. was of opinion that the statement of the prisoner, after this observation, was not admissible)—my son afterwards gave her into custody—there was no other servant in the house.
Cross-examined. Q. Why do you say the prisoner was awake? A. Because her answers were so ready; she merely turned round on her elbow, not like a person that had been asleep—I had never been in her room before when she was in bed—she was to leave on 1st January—the prisoner's room was immediately above my son's—there were only myself, my daughter, and the prisoner in the house—when my son came in the morning, I did not threaten the prisoner or put my clenched hand in her face—I did not go near her, nor did my son; he was sitting in an arm chair by the fire, and she was standing by the door—I had gone to bed at 10.30; my daughter and I went to bed at the same time—the prisoner had gone up to her room half an hour before—my
daughter makes it a point of seeing that the servant's candle is out before she locks her own door—the prisoner had been out on an errand in the afternoon.
JESSIE FLITTON . I am the daughter of last witness—on the night of 17th December I went to bed at 10.30—I was awoke by my mother and went down and found the bed on fire—I assisted my mother in putting it out—the prisoner went to bed before me—I saw that her candle was out—I did not go into her room—I could see from the opening under the door that there was no light.
CHARLES FLITTON . I am the prosecutrix' son—I was sent for and went to the house between 10 and 11 o'clock on the morning of the 18th—I asked the prisoner what she had been doing the night previous—she said "Nothing"—I then said, "You had better speak the truth, there is a policeman outside the door."
WILLIAM TALLY . (Policeman N 164). I was sent for and went to the house about 11.30 on the morning of the 18th—I went up into the bed room and found the counterpane rolled over some blankets and other burnt things in a wet state, on the bedstead—I produce them—I took the prisoner into custody—I told her what she was charged with—I cautioned her, in the usual way, that whatever she said to me I should give in evidence to the Magistrate—she at first said, "I did not do it," and a minute or two afterwards she said, "I did do it"—(MR. DAVIN. submitted that any admission made by the prisoner to this witness was not receivable, it following close upon the inducement held out to her by the prosecutrix' son. MR. GRIFFITHS. contended that as a caution was subsequently given by the witness, any statement made by the prisoner after that caution was admissible, MR. JUSTICE KEATING. considered it safer not to receive the evidence; the caution was not in the usual form, and it was questionable whether the original inducement was not continued)—There was a mattress and palliasse on the bed—I don't know whether there were curtains.
MARGARET FLITTON . (re-examined.) My daughter threw some water on the fire to try and put it out—as soon as I had put out the fire, I looked at my watch; it was 12.30—there was a box of lucifer matches open on the table in the prisoner's room—my son had not slept in his room for two months—I looked in the room before? I went to bed, and shut the door—I did not lock it.
The prisoner received a good character.
NOT GUILTY .
MESSRS. GRIFFITHS. and HUNT. conducted the Prosecution; and MR. DIGBY SEYMOUR, Q. C., with MR. MCDONALD, the Defence.
JAMES MOIR , I reside at 42, Alfred Street, Islington—I am the brother of the deceased—his Christian name was John—he was about twenty-eight years of age, and was single—he was an upholsterer by trade—he lived with my mother and I—there are two rooms in the basement, the front and back kitchens, above that the front and back parlours, and on the first floor a front and back room—I and my brother slept in the back room first floor Mr. Wotherspoon is the landlord of the house—he occupies the front and back parlours and the front kitchen—a family named Camies occupied the second floor—the prisoner was only with us temporarily—and Mrs. Murdoch,
Miss Robinson, Miss Wilson, and George Bell were present on the night in question, 25th December, Christmas Day—we dined in the front kitchen—the prisoner sat beside me at dinner—the deceased was there, Mr. Wotherspoon, and several others—we dined between 4 and 5 o'clock, and were all happy and comfortable together—in the course of the evening the prisoner made himself rather noisy, and somewhat obnoxious to the company—I saw him have some words with the deceased, but what they were I don't know—he was in and out very often during the evening—at one time he put himself very abruptly between the deceased and a young woman, one of the party—some short time after that I missed my brother—Mrs. Wotherspoon came down and said something to me, in consequence of which I ran up stairs to the front room first floor—Mr. Archibald Wotherspoon was before me—I saw the prisoner sitting on a chair, and my brother lying on the floor in a corner right opposite to where the prisoner was, as I thought dead—I said to the prisoner, "Campbell, you know something about this, tell me all about it"—I suspected him, from his conduct during the evening—he said, "I have done nothing"—I pressed him a little further, and he said, "I liked Jack, and I don't mind swinging for him"—he did nothing, he sat coolly on the chair—Mr. Bell was present—a policeman and a doctor came—the prisoner was an old acquaintance—I can't call him an old friend—his father was an old acquaintance as well—the prisoner came to live with us about the end of September, and had been living with us ever since—he slept with the deceased and myself—the deceased was, as far as I knew, on friendly terms with the prisoner, and the prisoner with him—I always thought so—I saw a rifle when I entered the room—it was my rifle—I did not keep it loaded.
COURT. Q. Where did you keep it? A. In the front room, hanging on the wall of the cupboard, on nails; the bayonet was attached to the belt of the rifle—the prisoner, my brother, and I, slept in the back room on the same floor—it was about three years since I had cleaned the rifle—three or four years—I oiled it well, and cleaned it thoroughly, in the usual way—I ran water through it—from that time I had not examined it—I kept my ammunition in the back room where we slept—it was there on the 25th—I had some of the ordinary ball cartridges in my pouch, and caps; the pouch was hanging on one of the posts of the bed—I had not looked in the pouch for a considerable time previously—I saw it there every night and morning when I went to bed and got up—there is a passage between the front and back rooms—you have to go out of one on to the landing before you can go into the other.
Cross-examined. Q. What sort of a gun is it? A. A rifle—it has a stopper—when I put it away, I was in the habit of putting the stopper on it—I have never fired a gun with the stopper on it—I should be rather afraid to do so; it would probably burst in the hands of the person who fired it—there were twelve persons regularly living in the house, children and all—we had the first floor and the back kitchen—there have been the same tenants all the three years—the prisoner had not come from Scotland on a visit to our family, he came for a change, till he got work I understood, my brother had been down to Scotland on a holiday, for about a fortnight, or rather over—a little intimacy sprung up between him and the prisoner's sister, I believe; I don't know that they were engaged, they corresponded—I can't say that it was acknowledged by the parents on both sides—I don't know anything to the contrary, of my own knowledge—my brother had been
to Scotland for a fortnight, and the prisoner came back and took up his quarters at our house—that was about the end of September—from that time down to the night of this occurrence, they were quite on friendly terms, as friends who find a pleasure in each other's company—I had been out on the morning of Christmas-day, not with the prisoner—aa I came home about 2 o'clock, I found the prisoner and deceased going out together—I said, "Where are you going I"—the prisoner said, "I am going out to get drunk"—I took it as a bit of fun—I laughed at the idea of it—they were quite sober, then—I could not say that the prisoner and my brother were not drinking together during the day—only judging from their appearance when they came back, I could not see any effects of drink on either of them—I don't know where they had been—something was said about wrestling—that was somewhere between 10 and 11 o'clock—I could not say what the words were about between the prisoner and my brother—I did not hear him say anything about wrestling, then—I can't remember Wotherspoon's leaving the room—I saw my brother leave—I fancy Wotherspoon left before him—I won't be certain about that—my brother had been singing, and the prisoner, too—they were going on all right enough, only the prisoner was rather noisy—I don't recollect my brother's saying anything about going to fetch A piece of music when he left the room.
MR. GRIFFITHS. Q. Did you go up to your brother's room before Mrs. Wotherspoon said something to you? A. No.
ALEXANDER FERGUSON WOTHBRSPOON . I am an upholsterer, and live at 42, Alfred Street—the prisoner had been living is the same house for three months, since September—we had a party on Christmas night—my father is the landlord of the house—the prisoner and deceased were present—there was singing and recitations going on—in the course of the evening, the prisoner asked me to go up stairs to Moir's room and have a drop of rum—I said no at first, but he pressed me, and I consented—I went up, the deceased followed us—I asked where he was going; he said he was going up to his own room for a Christy Minstrels' song-book—when we got up stairs, the deceased filled me out a glass of whiskey—there was a whisky and rum bottle on the table, and while I was drinking the whiskey the prisoner talked about wrestling—I am not sure whether he said, "I will bet you 4s. or 5s. that I can wrestle you"—that was to the deceased—the deceased said, "We did not come here to wrestle," and it passed off—there was no one else there but us three—this was in the front room—the prisoner put up his fists, in a sparring attitude, and the deceased said he would take him with one hand—that passed off—the deceased said, "We did not come here to fight"—the prisoner then walked round and took the rifle from off the cupboard; it was hanging up on a nail above the cupboard, and the bayonet beside it on the cupboard—the deceased took hold of the prisoner, to keep him from taking the gun down, and while he was holding him back the bayonet and case fell on the floor—while I was looking for the bayonet and case, the prisoner had the gun, and he walked round the table and went out of the room—he came back into the room again in about a minute and a half; he had the rifle in his hand—he walked near the window and presented the rifle in the usual manner—I was standing on the other side of the table, the deceased was standing nearly behind me—the room is about thirteen feet long and eleven wide—there are two windows to it, on the lefthand side of the door; the door is on the right—as you enter the room the windows arc on the right—the table was in the middle of the room—I
should say it was about four feet square—there was an easy chair on the same side as the windows, and a sofa on the same side as the door; a paraffin lamp was on the table—the deceased and I were standing close by the fire-place, which is opposite the door, at one end of the room—the prisoner entered the door and put the rifle up to his shoulder; he pointed it in the direction of the lamp, at me and the deceased; we were all in a line—I was nearer to him than the deceased—the deceased was taller than me; he was five feet seven inches, and I am five feet four and a half inches in my boots—I did not see the prisoner do anything to the rifle before he put it up—the deceased asked him what he was going to do, and he said, "I am going to put out the light"—I should say the muzzle of the rifle was about five or sir feet from me—the deceased was directly behind me—by the time the prisoner said he was going to put out the light, the gun was up to his shoulder, and it was instantaneously done—the gun went off, was fired—the lamp was about four feet from the ground, and between me and the prisoner—the muzzle of the rifle was pointed above the lamp; there was a glass on it; the muzzle was higher than the glass—the deceased fell on the ground, and I received this injury—I had a large black eye, and a large lump like a boil on my nose, where the scab is, and my ear was blistered, and my hair slightly singed—I fell in an easy chair, and lost my senses until the prisoner cried out, "What is the matter!"—I then got up off" the easy chair and rushed out of the room, raying, "You fool, see what you have done!" pointing to the deceased—I cried, "Murder!" and my brother Archibald, he came up and ordered me to go for a doctor, and I ran out without my hat—I did not know that Moir was dead till I came back; I then saw him lying quite motionless, and saw that he was shot in the head—when I went up to have the rum, the prisoner seemed all right, slightly excited, but nothing to speak of—I was not tipsy, none of us were tipsy—the prisoner and deceased were seemingly good friends.
Cross-examined. Q. You say the prisoner seemed slightly excited; I suppose you mean with drink? A. Yes—we had not taken freely that evening—I had had no brandy or gin—that glass of whiskey was the first glass I had had the whole evening—this would be a fair account of our condition: "we all had been taking a glass, but none of us were the worse for liquor, except the prisoner, who was excited with drink"—I can't tell whether the prisoner was generally a sober man, I was never much in his company—I have heard that he is not easily affected with drink; I don't know of my own knowledge—the invitation to go up stairs was given to me, and it was after I had started to go up that I noticed the deceased following—I had not had any quarrel with the prisoner; we were, seemingly, on perfectly friendly terms—I was stooping to pick up the bayonet and case when the prisoner went out of the room—I had just found it as he returned—it had got out of the case—he was absent about a minute-and-a-half, as far as I can recollect—there was no light in the next room, that I know of—I don't know whether there was or not—if he had pointed the gun towards the lamp, the lamp would have been smashed—the gun was pointed to the lamp, and I and deceased' were in a line with the lamp—I have never tried to put out a candle or lamp with putting a cap on a gun—I don't know that the deceased had wrestled with Colin Campbell a short time before—I saw the prisoner's look and countenance at the time; there was nothing that I saw like enmity in the expression—I had had no cause of quarrel with him—if I had been a little later, I should have suffered in place of the deceased—I was roused
by the prisoner calling out, "What's the matter?"—he did not call out loud—he said it in a cool, collected tone—it was the cool remark that brought me to my senses.
MR. GRIFFITHS. Q. Was the prisoner, when he was standing up, higher than the lamp or not? A. Higher than the lamp—I don't know the prisoner's height.
ARCHIBALD WOTHERSPOON . I am brother of last witness, and live in the same house—I was one of the party on this Christmas evening—at one period of the evening I noticed that my brother and deceased were absent from the party; my brother was back wards and forwards several times—I heard my brother cry "Murder!" and my name, and I went up stairs as quickly as I possibly could—I saw the deceased lying partly across the fire-place—part of his body was lying on the 'floor, and his head was, as it were, lying in the fire-place—I got hold of him, and called to my brother to go run for a doctor; he was bleeding from the left temple—he died shortly after—I let him lie till the doctor came.
GEORGE BELL . I am an upholsterer, and live at 33, Queen Street, Edgware Road—I was one of the party on this Christmas night—I heard the cries of "Murder!" and went up stairs at once—I saw the deceased lying on the floor, and Wotherspoon trying to staunch the blood with a handkerchief—after speaking to Wotherspoon, I asked the prisoner what he had done it for—he made no reply—the deceased's brother said, "Tell me the truth; I know that you have got something to do with this. What have you done? You know something about it"—I did not hear him make any reply—he pressed him further, and asked him again, and he said, "Well, I liked Jack, and don't mind swinging for him"—Moir told me to take charge of him, and not to let him go out of the room, and he went for a doctor—I lifted up the rifle, and stood before him—he wanted to go down stairs; I stood before him, and said he could not go down till a constable arrived—a policeman came, and I told him to take charge of him, and I went for a doctor—the prisoner seemed quite cool.
Cross-examined. Q. Had you been one of the party below stair? A. Yes—the prisoner had been singing, and seemed to be enjoying himself—he had dined—I could not say whether he had anything to drink with his dinner—I saw that he seemed a little excited about an hour before this—I could not say whether it was from drink, or what cause it was.
JABEZ JAMES . (Policeman Y 308). About 11.10 on Christmas day, I was called to this house—I went to the first floor front room, and saw the deceased lying on his left side, in a pool of blood—he appeared to be quite dead—the prisoner was pointed out to me by James Moir—the prisoner said, "I did not do it"—I found this rifle (produced) lying in the room, on the opposite side of the table to where the deceased was lying; it had an exploded cap on the nipple, and appeared to have been recently discharged—I took the prisoner to the station; the charge was read over to him—he made no further reply to it.
Cross-examined. Q. Have you ever seen a lamp or candle put out by firing off a gun? A. I have with a common gun; this is an Enfield rifle.
JOSEPH RICKABT DONALD . I am a Fellow of the College of Surgeons, and reside at 31, Paradise Terrace, Liverpool Road—I was called to 42, Alfred Street, on Christmas night—in the first floor front room I saw the deceased—he was dead—I found a large quantity of blood on the floor, by the side of his head, and a considerable quantity of the brain as well—he had a circular
wound on the left temple, which might have been caused by the stopper of the rifle—I afterwards made an examination of the body—I found a very extensive fracture of the skull, and a wound on the left temple, and a cavity running from the left temple through the brain to the right side of the head, between the occipital and temporal bones, and there was another large wound, about the size of a five shilling piece, on the right side; and close to that wound I found this stopper of the rifle, in the head—there was a communication between the two wounds—my fingers met as I passed them from the right side to the left—that stopper going through the brain caused death.
WILLIAM ODELL . (Police Inspector Y). I was at the police-station when the prisoner was brought there, about 11 o'clock on the evening of Christmas day—I afterwards went to 42, Alfred Street—I examined the room on the first floor—on the sofa I found this bullet—I also found a plug, with a portion of the bullet—I noticed a hole in the wall, by the side of the fire-place, 5 feet 8 inches from the floor; I compared the bullet with that hole, and it corresponded exactly—I went into the back bedroom (the adjoining room), and there found the pouch, cartridge box, cartridge case, and belt, hanging on the bed-post—the cartridge box was open, and the cap box inside was also open, where there are a number of caps, one whole cartridge, and a portion of two other cartridges which had been pulled to pieces; there were nine ball cartridges in the cartridge case—the distance from one room to the other is about seven yards, not from one door to the other, but from where the cartridge case was hanging on the bed-post to the inside of the room where the prisoner was supposed to have been standing at the time he fired the rifle—the doors are about three feet apart; it is a small landing—the lamp was standing on the table, on a small workbox—the height from the glass of the lamp to the floor was 3 feet 11 inches—from the door side of the table to the fire-place was 11 feet.
JAMES MOIR . (re-examined). This cartridge box, pouch, and cape are mine—the prisoner knew where I kept them; they were hanging on the same bed where we slept—I can't say whether he knew it contained ball cartridges; they were accessible to anybody who went into the room.
COLIN CAMPBELL . I was at the house on this evening—I went up into the room where the deceased was, after the shot was fired—Mrs. Wotherspoon was standing beside the prisoner; he took her hand, and said, "It is done now, and it canna be helped, and the most that I can do is to swing for him," at the same time drawing his finger across his throat, and making an expression, "and I can meet him in eternity."
Cross-examined. Q. Was that all he said? A. Immediately afterwards, when the police had him in charge, he said, "Come away, I have had enough of this; I want to get out; I want to go"—I did not hear him say that he liked him very much; I was engaged with the deceased, to see if he was really dead—Mrs. Wotherspoon said, "George, he has been more than a brother to you"—he said, "I know he has' and then he made use of the other expression—I never wrestled with the prisoner—there had been some wrestling between the deceased and Bell, in a friendly way, about a month before.
Cross-examined. Q. I believe the prisoner and your poor son were very good friends, indeed? A. Yes; always, to my view—they were very playful) and full of fun—we were all agreeable together—some six weeks or two
months before this, the prisoner took up the rifle from the cupboard, and snapped it at my son—I took it as a piece of fun; I thought it was just in diversion, like—my son was standing up, and he just snapped the gun, as I thought, in fun—I could not say whether there was a cap on it; I I don't think there was; there was no sound or explosion—we were all on good terms at the time—the last thing I should have thought of was that he would hurt him; I am sure of that—but he is of a changeable disposition; he is very easily put up, and very easily put down—he had come from his friends in Scotland, and he had all his things packed up that night for the purpose of starting back to Scotland next morning, all except two pairs of socks and a pair of drawers, which I mended that evening to have ready for him—there is one thing I should like to say: I had a little drink in the house, in case any person should call, but there was not a person that called, and I never gave a glass to anyone out of my hand that day, not even to the prisoner, and if there was any drink got extra, he went up and took it him-self; if he was excitable, it was himself that took it—there was drink up stairs—there is something the matter with the prisoner's right eye; he hurt it at one time—he is nearly blind, I think, with his right eye.
The prisoner received a good character.
GUILTY . of Mauslaughter.— Twelve Months' Imprisonment.
NEW COURT.—Wednesday, Jan. 13, 1869. Before Mr. Justice Lush.
200. BENJAMIN SHEPHERD, JOSEPH BRAIN, ALFRED COOK, WILLIAM EMMETT , the elder, and WILLIAM EMMETT , the younger, were indicted for conspiring, together with other persons, whose names were unknown, by divers and unlawful and wicked means and devices, to force certain workmen to depart from their employment.
MR. BESLEY. and MR. F. H. LEWIS, conducted the Prosecution; and
MR. SERJEANT PARRY. the Defence.
HENRY JOHN GLEW . I am a boot manufacturer, carrying on business at 46, City Road—in November last, I had about 120 persons in my employ—the greater portion of my work is done on my premises—those who work at their homes fetch their own materials, and they bring back the goods when made—about the middle of the month, about forty persons left my service—a short time previously they had made a demand in respect to the price of their labour, but they gave me no decided reason why they left—they simply returned their work; some of it being in a finished, and the rest in an unfinished condition—I know what a "strike" means, the leaving of the men was generally understood as such by the trade—Shepherd was the only one of the defendants in my employ at the time—previously to the men striking, Emmett, sen., came to me, and said there was some disagreement amongst the men outside, about the question of wages, and I at once proposed that we should refer the matter to arbitration, if such was the case—he said he was afraid he could not bring that about—he is the secretary of the East End Shoemakers' Society—after the men had struck, I saw all the defendants, at different times—they were walking up and down in front of my premises, stopping persons who were applying for work, as well as those who were taking their work away—I saw some of them there early in the
morning, and they remained until the factory was closed about 7 at night.
Cross-examined. Q. Is yours a wholesale business? A. It is—I had known Emmett, sen., before then as secretary to the society—it is a guarantee society, i.e., if a journeyman takes leather home to make into boots, but if instead of doing so, he commits a fraud, the society indemnifies the employer to the extent of 3l., I believe.
COURT. Q. Do they guarantee that the work shall be done, or the materials returned? A. I think that the materials shall be returned up to the amount of 3l.,
MR. SERJEANT PARRY. Q. Had the society paid you monies from time to time upon their guarantees? A. No—I have not had occasion to enforce them, nor have I asked them for any remuneration—I cannot say whether some of the men who were members of the East End society remained in my employment during the strike—a man named Kirby worked for me, but not master at the time—the strike lasted till the defendants entered into recognizances, or were committed for trial—the watching, or whatever you may call it, ceased then—I cannot say that I saw all the defendants together at any one time—there were mostly two or three of them together, and sometimes six or seven men were present—I had not lowered the price of my work—there were one or two items which the men believed had been lowered, but I satisfied their minds that it was not so—it was not a fact that the prices were lowered as much as 1d. or 2d. a pair—I was really giving them an advance, instead of making a reduction—I said that if there was any matter in dispute, I should be happy to settle it by arbitration, and that a board might be constructed of masters and work-men, if they liked to accede to it.
COURT. Q. When you saw the persons stopped, what did the defendants do? A. They merely stopped the men and talked to them, that was all.
JOSEPH LAMBERT . I am an ex-policeman, and live at No. 8, Henry Street, Tottenham Court Road—I was employed by Mr. Glew to watch the defendants and I commenced doing so on the 20th November—I saw Shepherd and Cook together on that day, in front of Mr. Glew's shop, and they stopped workpeople as they came out—I saw children bring in work, and they stopped them, too—I heard Shepherd ask a child where she lived, and he said, "Do you know this shop is on strike, and you have no business to carry the work away"—I heard him say this to grown-up persons as well—on the 21st I watched again, and I saw Shepherd, Cook, and the elder Emmett in front of Mr. Glew's shop, walking up and down—Emmett did not stay there all day, but went away occasionally—they stopped every person who went in and came out of the shop—I heard Emmett say to one man, "Do you know this shop is on strike, and you have no business to carry the work away; you are injuring our society"—I did not hear the answer—I think I saw Brain and the younger Emmett also that day, but I believe they did not stop for any length of time—on the 23rd I resumed my watching and I think I saw all the defendants there that day, but at different intervals—two of them were always there, but scarcely ever more than that number—they stopped and spoke to the workpeople as before, but not so as to prevent their going away with their bundles—on the 28th I saw the two Emmetts, and I believe the defendant Cook, and the same sort of thing was done then—no one was allowed to go in or come out without being spoken to.
Cross-examined. Q. Were you there all the time 1 A. No; only occasionally, perhaps a couple or three hours at a time, and principally in the evening, when the men were leaving their work—I did not hear Shepherd say to a child, "Tell your father that this shop is on strike"—the elder Emmett, when he came, conversed with the men who were there, and then went away—the defendants were very peaceable, quiet, and respectful in their demeanour—I do not think they knew me—I did not introduce myself to them.
RICHARD FARRELL . (Policeman G 26). On the 24th November, I took Cook into custody, and another constable apprehended Brain—I had seen them standing in front of Mr. Glew's, and walking up and down for three hours and a half previously, but they were not together all the time—I asked Cook what he was doing there, but he refused to give me a satisfactory answer—he said he was sent there, but would not tell me what for—he told me afterwards that a Mr. Emmett had sent him—I took, him into custody for being there for an unlawful purpose, and told him he had better state all about it to the inspector at the station.
Cross-examined. Q. Did Mr. Glew direct you to take him into custody? A. No; I did it on my own responsibility—they were civil and polite in every respect.
GEORGE EADDS . (Police Sergeant 17 G). I was at the station when Cook and Brain were brought in—I asked them what they were doing in the City Road, what they were loitering about there for?—they said they were sent there to watch a shop belonging to Mr. Glew, to tell the persons who belonged to their trade society, that it was on strike—they said, that Mr. Emmett, the secretary of the society, sent them, and paid them for being there; and that he lived at No. 4, Singleton Street, Hoxton—I said that if they had told me that before, and had given their names and addresses, they would not have been brought in—I sent for Mr. Emmett, but he came before the policeman had reached his house, and he admitted that the men were there by his orders; and that he paid them for their services—I advised them not to go there again, for proceedings might be taken against them—if they had given their names and addresses, I should not have had them brought to the station.
JAMES WOOD . I live at 122, Douglas Street, New Cross, and am a porter in the employ of Mr. Glew—on the 20th November, I had a parcel to take to a man at New Cross, and I left the factory between 11 and 12 o'clock—I saw Shepherd outside—he asked me if I had got work from Mr. Glew, and I told him that I had—he then asked me if I was aware that the shop was on strike—I said it was nothing to do with me, as I was not a man in the trade—he said that he was put there by the society, to tell anyone that went there for work, not to do it, not to take it away—he wanted to know where I was going, but I did not tell him—I said I would state the case to a man at New Cross, and if he felt disposed he could communicate with the society—I asked him for the address of the secretary, and he then wrote it on the piece of paper produced—he represented himself as William Emmett, whereas his name was Shepherd—I should not have stopped in the street, if he had not spoken to me—on the 23rd, I saw Emmett, sen., at the back of Mr. Glew's premises—he stopped me, and asked me if I was going in for work, and I said that I was—he then asked me if I was aware that the shop was on strike—I said that it did not matter to me, and Emmett then observed, that if it had not been I should not have got work there—he also
said that I had no business to go to the shop for work, as I was doing the society an injury—he did not know whether I was a man of the trade or not, and I did not tell him—I came out again, with a parcel, in about ten minutes, and several of the defendants were there then—they were walking up and down as usual, but they said nothing more to me.
Cross-examined. Q. The defendant Emmett, sen., said that you were injuring the society? A. Yes; he believed that I was a workman—he spoke to me civilly.
THOMAS CAPEL . I live at No. 4, Benton Street, Oxford Street—in November last I worked for Mr. Glew, off the premises—after the strike I went there for materials as usual—on the 30th November, as I was going in to ask for work, I saw Emmett, sen., and Cook—a man spoke to me, and asked me if I was going in—I afterwards saw Cook in communication with that man—I did not go into the factory then, but went away—I should have gone in if the persons had not spoken to me—four or five days previously Emmett, sen., spoke to me as I was standing by the gateway where the workpeople enter—he said, "Are you going in after work?"—I said, "Yes"—he then asked me if I was aware that the shop was on strike, and I said "No"—he said, "The shop is on strike about a reduction of wages"—he asked me if I would go up to the meeting—upon that I went away for about an hour and a half, and then watched my opportunity to go in and ask for work—I did not care about going in in the presence of the defendant.
Cross-examined. Q. You say you watched your opportunity to go in! A. Yes, I watched to see the men go away, so that I could go in—I wanted work at the time—they were gone when I went in at 1 o'clock, but when I came out I saw Cook there—he did not speak to me—on the 30th I went there again, but not afterwards, as the materials were brought to my place.
JAMES BRACE . I live at No. 3, Greenharbour Court, Bell Alley, Goswell Road, and was in the service of Mr. Glew at th? time of the strike—I recollect taking work to be done—on one occasion I saw Shepherd outside, but he did not speak to me—two men not in custody stopped me—they were outside the shop, and Shepherd came on the beat afterwards—I returned the work to Mr. Glew, two pairs that I had taken out—I did not see the two men do anything before they spoke to me, except walking up and down outside the shop—they were doing so for a quarter of an hour before I went in—all that time I was talking to a young girl.
RICHARD KIRBT . I live at No. 25, Pleasant Place, and am a bootmaker—In November last I worked for Mr. Glew—on the 19th of that month I saw Shepherd outside—as I came out he said, "I suppose you are a shopmate?"—I said, "Yes"—he then asked me if I knew the shop was on strike—I told him I did not, and then inquired what it was on strike for—he said for a general reduction of wages—ninepenny work would be 8d.; eightpenny work would be; 7d., and the 1s. 5d. work would be 1s—"In fact," he said, "Glew means to make the shop like the one in the Hackney Road"—he asked me if I had been to apply for work—I told him I did not want any—he then asked me who I had been to see, and I said Mr. King—he asked my name and address, and I gave him the wrong ones—I then left—I wanted work that day—I afterwards had work, but the prices were not as Shepherd had represented them to be.
Cross-examined. Q. Was there any reduction at all? A. No; but I found an advance—there was no different system adopted as to payment; or
anything of that kind—it was during the strike that I went in, on the 19th November.
NOT GUILTY .
MR. H. GIFFARD, Q. C., MR. POLAND, and MR. A. L. SMITH. conducted the Prosecution; and MR. SERJEANT SLEIGH. the Defence.
Some formal evidence having been given, and the shorthand notes taken at the Arbitration put in and read, the Court adjourned, and on re-assembling next day, MR. JUSTICE LUSH. stated it had occurred to him, upon hearing MR. GIFFARD'S. opening, that this was a charge of attempting to obtain money by means of an Arbitrator's award, and that it could not be an offence to attempt to accomplish that which if done would not be an offence, for if the Arbitrator found for the whole amount, the defendant would not have obtained it by false pretences; and further that this was prejudging a civil inquiry in a criminal form; the only case of the kind which had occurred was stopped by MR. JUSTICE KEATING. on the opening. MR. GIFFARD. submitted that the attempt was to obtain the money by means of a written statement, and referred to "Reg. v. Eagleton," 1, Dearsley's Crown Cases, p. 515. MR. JUSTICE LUSH. considered that if the defendant had obtained the money, he would have done so by a judicial proceeding, not by a false pretence, and then every plaintiff who throught an action which he knew was not well founded, would be liable to a prosecution; that it was not right while the proceedings were pending before the Arbitrator to get a decision by means of criminal prosecution, he therefore directed a verdict of
NOT GUILTY .
THIRD COURT.—Wednesday, January 13th, 1869.
Before Mr. Common Serjeant.
MR. POLAND. conducted the Prosecution; MR. STRAIGHT. defended Ball, and MR. LILLET. defended Rutter.
RICHARD ARTHUR ST. LEGER . I am deputy-paymaster in the Paymaster General's Office, Whitehall—I produce an army voucher for 856l., 13s. 3d., for James Aubrey, late Inspector General of Hospitals, of The Elms, Croydon—the declaration purports to be made at Tynemouth, in Devon, and to be signed by James Aubrey; and then at the bottom there is a receipt for the money, also purporting to be signed by J. Aubrey; and in the corner there purports to be the signature of F. Derry—it was on one of the forms which are issued from our office—any person can obtain them by giving his name at the office—if a person was entitled to a pension, it would be his duty to fill up one of these forms; he would then take it to the Examiner's Office to have it passed—Mr. Francis Derry was one of the examiners at the office—it would be his duty, when the person presented the voucher, to refer to the books and see if it was accurate, and sign his name in the corner; that would show that it was accurate—the person entitled to the pension would then bring it down to the Pay Office, for the purpose of
being paid—I should look and see if the figures were right, and if it was signed by the examiner, and then I should prepare a cheque—there are two figures on this document in the right hand corner, in my own writing, "17;" they are the two final figures of the cheque that was drawn—the number of the cheque was 94917, and, instead of putting the whole of the figures, I put the two final figures to show what cheque has been drawn—this document was presented to me, and, seeing what I thought to be Mr. Derry's genuine signature upon it, I drew out this cheque on the Bank of England "No. 94917. Pay James Aubrey 8561l., 13s. 3d."—it was drawn by Mr. Edmeades, and countersigned by me—it is dated 19th October, 1868—after the cheque had been signed by Mr. Edmeades, it would be given to the person who presented the army voucher—we kept possession of the voucher, which has the receipt on it, and it bears the stamp of our office, 19th October—I don't know at all the person who presented it—there was a person of the name of McMichan in the office; he was an examiner, and in the same office as Derry—he was discharged in August or September last—he had been in the office some time, and was thoroughly acquainted with the routine of the office—I believed that the signature of Francis Derry was genuine.
Cross-examined by MR. STRAIGHT. Q. How long have you been in the Paymaster General's Office. A. Twenty-five years—I am well acquainted with the routine of the office—I have risen from an inferior position—Mr. Derry has been there eight or ten years—he has left now—he was superannuated—I don't know whether it was before the first hearing at the Police Court or since—if a document came into my hands, and I saw any glaring defect on the face of it, I should refer it back to Mr. Derry—this is very much like Mr. Derry's writing, or I should not have passed it—I have seen a large number of his signatures—I draw the cheques and countersign them—there is another gentleman in the office who does the same—I can't say how many of these vouchers come through my hands in the course of the day—a great many at the beginning of the quarter—McMichan was discharged in August or September—I only knew him from being in the office—I was never at his house in my life—I don't know how long he had been in the office—I did not know that he frequented race courses—I heard he was in difficulties—I never accommodated him in any way.
Cross-examined by MR. LILLEY. Q. You say that a person applying for a form could obtain it by giving a name; do I understand you to mean, that a person who was an entire stranger could obtain it? A. They would ask him his name, and what rank he held in the army—the addresses are kept—I handed the cheque to Mr. Edmeades to sign—I don't remember seeing him sign it.
MR. POLAND. Q. I suppose you don't know where McMichan is? A. No—the address of the persons would be in the examiner's office, on the books.
GEORGE EDMEADS . I am the Paymaster, in the Paymaster General's Office—I have authority to draw cheques—I have seen this cheque before; it was placed before me, and I signed it—it was filled up by Mr. H. Leger—I have a number of army vouchers with his genuine signature on them.
FRANCIS DERRY . I was an examiner of claims in the Paymaster General's Office—I have been in the office nearly eighteen years—I left on 17th December last, after this case was commenced—I was superannuated—I have a pension now—a person named McMichan was in the office at the same time as myself—he was there about eighteen months—it was my duty
when these forms are brought to the office to examine them; and if I found they were properly filled up, and the person was entitled to a pension, I should sign it in the corner—we take different letters of the alphabet—Aubrey would be in my lot—I did not sign this document at all—I know nothing about it—it is not my signature—there are several things I should have questioned very much if it had been brought to me—it is not receipted—I have seen a person named Sullivan come in and out of the room with McMichan—I have heard that he was McMichan's brother-in-law—Sullivan came to me after McMichan had left the office—he made a statement to me, in consequence of which I went out with him to see McMichan—I went to the Shades, a public house in Whitehall, and waited there with Sullivan—McMichan never came—I waited nearly half-an-hour—Sullivan went out to see if he could see him—I could wait no longer, and went back to the office—I don't recollect what day it was—it was early in October—I can't say whether it was the 19th or not—these papers that have been produced bear my genuine signature—they are payments that have been made on my signature; and they are my signatures.
Cross-examined by MR. STRAIGHT. Q. What is your age? A. Thirty-six—I went to the office as a junior clerk originally—McMichan was not there then—he was very much my junior—I should think he was about twenty-five or twenty-six—I was not very intimate with him—I was in the same room with him eighteen months, I think—there were three other clerks there—their names were Godfrey, Berkeley, McMichan, and myself—Godfrey and Berkeley are still in the office, in the same department, I believe—I know it was the beginning of October that Sullivan called—the Shades public-house is just across the road, a little higher up—I often go there, not with McMichan—I have seen him there twice or thrice in my life—I never went about with him—I have heard since that he was in difficulties—I did not know that he had executed two composition deeds—I never knew that he was in custody for debt—I have heard that he was Sullivan's brother-in law—I am not aware that I should know Sullivan now—I was the head of the room—McMichan was not in the habit of being absent from the room—he had been in the office some time before he came into my room—I was in the Shades about twenty minutes or half an hour, and McMichan never came—I had never seen him before that, since he left the office—I have not seen him to this day—I decline to say whether I have been in pecuniary difficulties myself—I never had any monetary transactions with McMichan—I was examined before the Magistrate—I was in the office at that time—since then I have been superannuated—I had been ill before—I had not been to the office for some months—I had sent the medical certificate in long before I was examined before the Magistrate—I heard of my super-annuation on the 17th December—I was never suspended—Mr. Collier has never remonstrated with me upon my proceedings in the office—he never complained of me.
ESSEX DIGBY BERKELEY . I am examiner in the Army Branch Paymaster General's Office, non-effective portion—I have my books here—there is no such person as James Aubrey, reduced inspector of hospitals, entitled to any pension—I know nothing whatever of that name—there is no Aubrey in the Army List.
GEORGE HUMBLE . I am a clerk, and one of the paying cashiers in the public paying office, Bank of England—Her Majesty's Paymaster-General has a drawing account there—this cheque, No. 94,917, dated 19th October,
was presented at the office and paid by me—I paid it in notes—there were twenty 20l., notes, numbered from 01,217 to 01,236, inclusive, dated 22nd September, 1868; twenty 10l., notes, numbered from 28,355 to 28,374, inclusive, dated 20th July, 1868; fifty 5l., notes, from 81,951 to 82,000, inclusive, dated 16th September, 1868; and 6l., 13s. 3d. in money.
WILLIAM PALMER . (City Detective Sergeant). On Monday, 7th December, I saw the prisoner Ball at King Street, Ockley, Birmingham—I spoke to him and said, "I am an officer of police, from London, and I shall put some questions to you, and you can please yourself whether you answer them or not"—I said, "Is your name Chester?"—he said, "No, my name is Walter Edward Mercer Ball"—I said, "Did you go in the name of Chester at the Belgrave Road, Birmingham?"—he said, "Yes"—I said, "Were you ever at Cardiff, in the name of Chester?"—he said, "Yes"—I then told him that he must consider himself in my custody for forging and uttering an order on the Paymaster-General's Office, for between 800l., and 900l., on the 19th October last—I said, "Have you changed any Bank of England notes at Cardiff, Bristol, or Birmingham?"—I mentioned the endorsement that was on a 10l., note that had been changed at Bristol, "Edward Harding, 22, Chester Terrace, Eaton Square"—he said, "Yes, I passed that"—I said, "Did you endorse a 5l., note at a shop in Birmingham, giving the name of Edward Giffard, 17, Northumberland Square, Bayswater?"—he said, "I did write that, but I received that note from Joe Sullivan, who was with me at the time"—I said, "If your name is Ball, how is it that you give these various names?"—he said, "Sullivan told me there was something amiss, and that I had better remain quiet in Birmingham"—I said, "Where did you get these notes from?"—I had previously mentioned the names of Sullivan and McMichan to him—he said, "I received them from McMichan and Sullivan"—I said, "How much?"—he said, "150l.,"—I said, "What did you receive this for?"—he said, "I had drawn up two deeds of composition, and had written several letters to the Treasury for McMichan, and I received that for work done"—he said, "I met McMichan and Sullivan at a coffee-house in Leicester Square, by appointment; McMichan had a large bundle of notes; I said, 'How much have you got?' they replied, 'Under 1000l.,;' I said, 'I must have some;' they offered me, 100l., but afterwards gave me 150l.,"—I then said to Ball, "What do you know of 60l., that was paid into the National Provincial Bank, London, on 21st or 22nd October, payable to Mr. Chester, of Cardiff?"—he said, "That is part of the 150l., I received from McMichan and Sullivan"—I asked him if he had any bank notes in his possession, he said, "I think I have, about 35l., or 40l.,"—I saw him leave his house, at 160, Ockley, previous to my speaking to him—I had been in the house before—it was a small tobacconist's shop, and a room at the back where beer was sold—there was a name up, not Ball—I took him to the station, and when I spoke to him about the bank notes, he wrote this letter—I saw him write it (Read: "Dear Nellie—you must give up the notes to this gentleman. I am arrested, and charged with matters into which I can now see McMichan has led me; you must get the boy to mind the shop and come to me to Moor Street station. Do not say anything either to Ridley or to any other person, but come as quickly and quietly as you can with the officer. God bless you,—Walter Ball")—I took that letter to his wife, and I took possession of the documents—his wife gave me a 20l., note, and four 5l., notes—the number of the 20l., was 01,218, dated 22nd September, 1868—the 5l., notes were 81,954, 81,957, 81,979
dated 16th September, 1868, and 42,592, dated August 19, 1868—that is, stamped "Provincial Bank Corporation, Cardiff"—I found these two documents (produced) in a drawer at 54, Belgrave Road, Birmingham—I showed them to Ball, at Scotland Yard, and asked him if he knew anything about them—he said "While at the coffee house with McMichan and Sullivan, McMichan gave me these names from his book, and I wrote them down"—I found some forms of the Paymaster General's Office, at 160, Ockley, which I brought to London—on Wednesday last I was looking through the papers, and I found these blank receipt forms and a lot of parchment—Ball was detained in custody, and taken before the Magistrate—on the following Monday, the 14th, I went to Birmingham again—I went to a house at No. 1, Court Summers Street, Birmingham—it is a small house, with three rooms—I knocked at the door, and Rutter's wife let me in—Rutter was there—it was about 10 o'clock at night—I said that I was an officer of police from London, and that I was investigating a matter, and that I should put some questions to him with reference to the same, and that he could please himself whether he answered them or not—he said "Very well"—I said, "What is your name?"—he said "William Rutter"—I said, "Have you changed any bank notes in Birmingham?"—he said, "Yes, one, a 20l., note"—I said, "What did you purchase?"—he said, "A watch"—he produced it; I have it here now—I said, "Have you passed any other notes"—he said, "No"—I said, "Did you not pass a 5l., note, at a shoe-shop in Worcester Street, Birmingham, for the purchase of a pair of shoes, giving the name of James Thompson, 150, Pershore Road"—he said, "Oh yes, I forgot that"—I said, "Are those the only notes you have changed in Birmingham?"—he said, "Yes"—I said, "Did you not change one at Page, the linen draper's, for the purchase of a shawl?"—he said, "No, I did not, Ball passed that, and made my wife a present of the shawl"—I said, "If your name is Rutter, how is it that you gave the name of James Thompson?"—he said, "I don't know"—I produce the shoes I found at his house, and also the shawl—I said, "How long have you known Ball?"—he said, "I have known him some considerable time, and have been employed by him as a clerk"—I said, "Were you ever at the Paymaster-General's office?"—he said, "No"—I said, "Did you present a cheque at the Bank of England in October last, for between 800l., and 900l.,"—he said, "No, I did not"—I also searched the house and found the pair of shoes, and shawl, and then I said I should take him to the station for being concerned with others in forging and uttering an order on the Paymaster General, for 850l., odd—his wife was present, and begged of me not to take her husband—she said, "Oh, William, my dear, tell all you know about it, and don't get into trouble for other persons"—he said, "Well I will, I won't be in this mess for the sake of Ball, or any of the others, for I am an innocent agent, and I look upon Ball as my employer"—he then said, "On 19th October, I was with Ball, McMichan and Joe Sullivan, at the Shades public-house, between Craven Street and Hungerford Bridge; Ball handed me a red-letter form, requesting me to take it to the Pay-master-General's Office, and that I should receive a cheque on the Bank in exchange—previous to my taking this, Joe Sullivan was absent for a little time—I took it to the Paymaster-General's Office, and received a cheque for between 800l., and 900l.,—I took it back to the Shades and gave it to Ball—myself and Ball walked along the Strand till we came to the church near Temple Bar, and we took a cab to the Bank of England—Ball remained outside
and I took the cheque into the Bank, and received notes in exchange, which I handed to Ball. We then went to a coffee-house in Leicester Square, where we met McMichan and Sullivan—they offered me 5l., then 10l., which I refused to take as my share; they afterwards gave me 70l.,"—I said "Have you seen McMichan and Sullivan since?"—he said, "No, neither do I know where they are"—I said, "Do you know where Ball is?"—he said, "Yes, I believe he is in custody, in London"—I said, "Were you ever in Cardiff with Ball"—he said, "No, but I received instructions from Ball to go to Cardiff to receive 60l., from the National Provincial Bank of England, that was there in the name of Chester. I went to Cardiff and received the money, by signing the name of Chester. I received 30l., in 5l., notes, and 30l., in gold; this I handed to Ball on my return to Birmingham the same evening. He paid my expenses, and gave me 15l., for my trouble"—I mentioned McMichan's name to him, and he said "He was the ringleader of all this"—I asked him if he knew a Mr. Derry—he said" No, but I now remember that the name of F. Derry was on the red letter form which I took to the Paymaster-General's Office"—I said "Did you see Mr. Derry on that day?"—he said "No; I never saw him in my life"—he was then brought up to London, and taken before the Magistrate on the following day—I have had the charge of this case—I have tried to find McMichan; but can find neither him nor Sullivan—I have been to Croydon, and tried to find a Mr. James Aubrey there—the address given was "The Elms, Croydon, Surrey"—I have been to four places called the Elms; but cannot find him—I have communicated with the police and other persons; but they can find no such person there.
Cross-examined by MR. STRAIGHT. Q. When did you first have this case in your hands? A. I think it was about 10th November—I saw Ball on 7th December—I had some difficulty in finding him—I could not find him in London, and I had been to Birmingham twice before—I was looking for Chester—I did not know anyone named Ball—I asked him if his name was Chester, and he said, "No"—he answered any questions readily—this letter that he wrote was not written by my dictation—I saw him write it, and stood by his side—I saw the person representing herself as his wife—I have been in frequent communication with her since—she went about with me, and endeavoured to give me every assistance she could—she knew McMichan, and was endeavouring to find him—it was through her I obtained the addrees of Mrs. Almond—I never produced these papers before, they were in the hands of the Treasury Solicitor, and also the blank receipt forms—I looked through the papers after my return to London, but I saw nothing of these papers—I found a large number of papers belonging to McMichan—there was a bank book of Ball's and McMichan's, and various petitions that were to be presented to Parliament—he gave his address when I took him into custody, but I had been to the house before, and purchased some cigars.
Cross-examined by MR. LILLET. Q. The conversation you had with Rutter was on the week following? A. Yes—I did not make any memorandum of the conversation—I repeat it entirely from memory—I will pledge my oath that he did not say "Yes" when I asked him if he had been to the Paymaster-General's Office, he said "No"—his wife was present—she was in very great distress—he was very much excited—I mentioned McMichan's name to him—I am sure he did not mention it first—I asked him if he knew McMichan and Sullivan, and he said "Yes"—he said he knew where Ball was, but not the other two—he said he had
received this money at Cardiff, by signing the name of Chester—he said nothing about Ball's authority—he might have said that he received the 70l., for his trouble, but I think he said "share"—I was examined the first time before Rutter was in custody—he used the word "trouble," and also "share"—I had no information with regard to Rutter when I was at Birmingham the first time—I have heard that Ball carried on the business of an accountant when in London—I found papers to that effect in his possession—it was called the "Finance Agency"—Rutter said that Ball had changed a note at Page, the draper's, and had made his wife a present of the shawl—Pages are respectable tradesmen in Birmingham—I am not aware that Rutter was acquainted with Page—I believe that Rutter is a commercial clerk—he had no friends and relations at Birmingham—I have heard that his father was formerly in business there.
MR. POLAND. Q. Was Rutter in Ball's service? A. No—I ascertained that Ball had been in Birmingham since the 24th October—he did not tell me.
JOHN HARDY . I am in the service of Mr. Mole, a jeweller, at New Street, Birmingham—I sold this gold watch produced on the 23rd October, for 7l., 15s., and received in payment a 20l., note—I believe it was the prisoner Rutter I received the note from—he endorsed "William Johnson" on the note in my presence—the address he gave was, "150, Pershore Road"—the number of the note was 01,226, dated 22nd September, 1868.
Cross-examined by MR. LILLEY. Q. Do you know the number of the watch? A. No—it is a Swiss watch—I think I had seen Rutter before—I know nothing of him—I know Mr. Page; he is a very respectable man—I don't know Mr. Thompson, the manager of the Penny Bank.
THOMAS JOHN COWDREY . I am a bootmaker, at 25, Worcester Street, Birmingham—on 27th November, my wife sold these boots produced—I was present—Rutter was the person who bought them; he gave the name of John Thompson, of the Pershore Road—he wrote that on the back of the note he gave me—it was a 5l., note, numbered 81,961, and dated 16th September, 1868—he wrote his name on the back at my request, "James" or "John Thompson, 152, Pershore Road."
Cross-examined by MR. LILLST. Q. Will you swear that you saw him write that? A. Yes—I gave him the change—a lady was with him, and my wife served her—I do not know Mr. John Thompson, living in the Pershore Road; I have made no inquiry—I have been in Birmingham twenty-five years—I know the Pershore Road very well indeed.
MR. POLAND. Q. Is there such a number as 152, Pershore Road? A. I think there must be, but I don't know.
ARTHUR JOYCE . I live at 81, Bull Street, Birmingham, and am in the service of Mr. Page—I know the two prisoners—they were in my shop on 10th November—they purchased a long woven shawl; the price was 3l., 12s. 6d.—this is the shawl produced—a l. note was given in payment by Ball—he signed a name on the back of the note—this (produced) is the note he gave me; he wrote on it, "Ed. Giffard, 17, Northumberland Square, Bayswater"—the number is 81955, and is dated 16th September, 1868—Miss Tizzard tried the shawl on to see how it would look on a lady.
Cross-examined by MR. STRIAGHT. Q. What time in the day was this? A. About 12.30—I went to the police-station and identified the person who bought the shawl—there were some ten or twelve persons there in a row; I went and looked at them myself, and I could not identify any person
amongst them—my employer does a very extensive business at Birmingham—there are a great many customers in the shop in the course of the day—ours is not a counter trade—I show the things—we deal more particularly in shawls and mantles—I was told that Ball was amongst the ten or twelve persons, but I could not recognize him—I identified him when he was in the dock at Bow Street.
Cross-examined by MR. LILLY. Q. Have you known. Birmingham some years? A. Yes—I know the Belgrave Road, and the Pershore Road; they run out of each other—I know Rutter's father—I believe he used to be a resident there, and was acquainted with Mr. Page—I went to Birmingham about four and a half years ago—I was absent fifteen years in Manchester—Ball and Rutter came together to Mr. Page's; there was no lady with them.
MR. POLAND. Q. When you first saw the persons at Bow Street, where was it? A. I went into a narrow passage, badly lighted with gas—I did not recognize Ball amongst the persons I saw; I recognized him at Bow Street—I have not the least doubt now that he was the person who wrote on the back of the note.
SUSAN TIZZAAD . I am in the service of Mr. Page, 81, Bull Street, Birmingham—I was there on the 10th November—the two prisoners came there, and purchased a shawl; I tried it on, to show them how it looked—Ball said it would suit him—he told me it was for a lady, who had been thrown out of a trap, as a sort of compensation—he gave the name of Giffard, Bayswater—the prisoner Rutter did not say anything—this is the shawl.
JOSEPH WARWICK . I am a clerk at the Telegraph Office at Birmingham—I know Ball very well by sight—on Sunday, 1st November, he wrote these telegrams (produced) in my presence (Read: "From W. Chester, Birmingham, to Mrs. Chester, 3, South London Road, Cardiff—go to Imperial—open R letter—send me your address—he is here, but I can't find him here to-day"—"From W. Chester, Birmingham, to Mrs. Chester, 3, South London Road, Cardiff—R to Dudley—going on—any loss—send answer—will return by mail, if possible")—One of these others I saw handed to a counter clerk, but I did not see it written—it was on Nov. 2nd—(Read: "W. Chester, to the Manager of the National Provincial Bank, London—pay Ellen Chester the amount of draft for and on my account—answer paid for")—I only knew Ball by the name of Chester.
Cross-examined by MR. STRAIGHT. Q. How long had you known him? A. Only on the morning of Sunday—I had a conversation with him when he handed the message in—he called five times on the Sunday for the reply—I saw him and spoke to him each time—I don't know where he lives.
GERGE DE COSSON . I am a cashier at the National Provincial Bank of England—on 30th October last, I received a credit slip from some person, and also 60l., in Bank of England notes—they were paid into the credit of W. Chester, of Cardiff, by Emma Rogers—there were three 20l., notes, numbered 01,233, 01,235, and 01,219, dated 22nd September, 1868—one of them has my writing upon it—I placed the notes together, and another clerk took them from my drawer—I have the credit slip.
Cross-examined by MR. STRAIGHT. Q. There was nothing unusual in that transaction? A. Nothing at all—I know nothing of Emma Rogers—we are always ready to receive money from anyone.
Balk of England, at Cardiff—I produce a letter of advice, dated 30th October, 1868, from the London office, in favour of W. Chester, Cardiff', 60l.,—I received a telegram authorising me to pay Ellen Chester the amount of draft for and on my account, dated 2nd November, from Birmingham to the National Provincial Bank, Cardiff—after receiving that a lady called and said she was his wife—she applied for 60l.,—we never act on telegrams, and I did not pay her—on the 5th November, the prisoner Rutter came to the bank—he walked up to me directly, and said, "I sent a telegram to you, to pay my wife, Ellen Chester, 60l., of my account, but she writes me to say, you never acted on telegrams, and the money could only be paid to myself"—I said, "That is quite right"—I asked him when the money was paid in London, and in consequence of his answer I drew a cheque, and got him to sign it; deducting 3s. commission and a penny for the cheque—I have the cheque here (Read: "5th November, 1868. Pay me or bearer 60l.,; commission 3s. Signed, William Chester.")—Rutter signed that, and I paid him the amount of the cheque—I asked him how he would take it, and he said half notes and half gold—amongst the notes that I issued, was one numbered 42,592, and dated 19th August, 1868—that is the one found by Palmer, at Ball's place, and stamped "The Provincial Banking Corporation"—that is another bank, but there is my own private mark upon the note, by which I recognize it—of course, I thought that Rutter was Chester when I saw him—I did not know him by the name of Rutter, till I saw him at Bow Street.
Cross-examined. by MR. STRAIGHT. Q. You are always very particular, I suppose, when a person is credited with an account from London, that you pay it to the proper person? A. Yea—I require them to satisfy me in all particulars—he answered all my questions satisfactorily.
Cross-examined by MR. LILLEY. Q. He answered them satisfactorily? A. He did, so far as telling me by whom the money was paid in London—I have known parties authorized to receive money for others, but then they get a power for so doing from their principal.
WILLIAM BARNARD CORNISH . I am a bank note clerk at the National Provincial Bank in the City—I collect the notes placed in the drawers by the cashiers during the day—on the 30th October I collected these three notes (produced), and entered the numbers in my book—they were 01,235, 01,219, and 01,233, dated 22nd September, 1868—I enter the numbers in this register, and the next morning they are paid into the Bank of England—this is one of our letters of advice, written by one of our clerks.
ANN ALMOND . I live at 2, Newham Terrace, Hercules Terrace, Lambeth—I know the two prisoners—Ball and his wife lodged with me for about four months—they left on 19th October, just before 12 at night—they left their luggage behind—I had received no notice that they were going to leave—they gave me no address, or said where they were going to—Mrs. Church came and fetched the luggage about three days after—she is the mother-in-law of Ball—while Ball and his wife were living with me, I saw a man named McMichan once or twice—he called at the lodging and saw Mr. Ball—I saw Rutter at the house a few days before they left—he came to see Ball.
Cross-examined by MR. STRAIGHT. Q. During the time they were with you, did they conduct themselves well, and satisfy you? A. Yes, very well indeed—they went away about 12—I go to bed early, but got up and saw them go—I asked Mrs. Ball if anything was the matter—she said, "Oh no, nothing is the matter"—they shut the door, and I have not seen them since—they
had gone away a few days before, and on one occasion they went away in a hurry, and came back ten days after—I can't say whether Mrs. Ball was there when McMichan called—they have generally been at home when Rutter called.
Cross-examined by MR. LILLEY. Q. Rutter called frequently, did not he? A. Yes, and generally in the morning.
MR. POLAND. Q. When they went away on the previous occasion, did they go at 12 o'clock? A. No—they said they were going to Gravesend then.
CHARLES SAMUEL TOZER . I am a tobacconist, at 48, Essex Street—I know Ball—he rented some offices at my place—I think he commenced in April, 1867—he was there about six months—it was a Foreign Agency office—I have seen him write—the receipt on this army voucher I believe to be in his handwriting—and nearly all the writing in black ink as well.
Cross-examined by MR. STRAIGHT. Q. How many times have you seen him write? A. I should say twenty or thirty times—I did not get my rent—some of his papers are there now—I have got rid of some as waste paper—I am positive this document is in his handwriting, and more especially the bottom part of it.
Cross-examined by MR. LILLEY. Q. Do you know Rutter? A. I have seen him—I don't know him personally—he was not acting as clerk to Ball—I knew there was a Mr. Rutter carrying on business as a publican in Warwick Lane, Newgate Street, I believe, and his son was a partner—I have seen him come to Ball's office—I knew his father to be a respectable man.
CHARLES CHABOT . I am a lithographer, and for many years I have devoted my attention to handwriting—I have been employed in various matters by the Treasury, War Office, and other places—I have examined the forged order, the letter from Ball to his wife, the two memoranda with names on, which Ball said were in his handwriting, and the two telegrams signed "W. Chester," and also the bank notes with Edward Giffard on the back—all the filling up on the red letter form, the forged order, I believe to be in the same handwriting as the other documents, without any doubt, except the figures—I am perfectly satisfied that the signature "F. Derry" is not in the same handwriting as the body—I have seen the genuine signature of F. Derry, and I do not believe it to be the same handwriting as the F. Derry to that order—the signature on the order is a forgery, and a very clumsy one.
Cross-examined by MR. STRAIGHT. Q. You have had a very long experience? A. Yes—I have made a very careful examination of these documents—the jury have sometimes given a verdict against me—it has not been proved that I was wrong.
ESSEX DIGBY BERKELEY . (re-examined). I have seen these memoranda that were found on Ball—there are several names on them, Rendall, Major Jones, Tulloch, and Sainsbury—I have referred to my books, and I find that they all have claims upon the Treasury—it requires some knowledge of the business in the Paymaster-General's Office to fill up a form of this sort.
Cross-examined by MR. STRAIGHT. Q. Did Ball assist you in trying to arrest McMichan? A. He said he could point out where I was likely to find him—we went in a cab, and he could not point out the place then.
GEORGE MILLER WILSON . I am an examiner in the Paymaster-General's Office, civil service branch—it is in the same building, but a different branch—I have seen the prisoner Rutter there, on two or more occasions—he presented documents on two occasions—I think the first was in May, and the next in August.
Cross-examined by MR. LILLET. Q. Had you seen him before those two occasions? A. Never—he seemed to come in the regular routine of business—I can't recollect what day it was in May, but it was the 29th August—there was a slight irregularity once in the filling up of the form.
MR. POLAND. Q. Did you know him by the name of Rutter? A. No; he signed his name Edward Charles Russell.
FRANCIS DERRY . (re-examined). I never saw the prisoners till I saw them at Bow Street—when I went to the public-house I saw a person who I believe was Sullivan—I did not know him—I did not see either of the prisoners there.
RUTTER— GUITY .—Recommended to mercy by the Jury— Seven Years' Penal Sevitude.
BALL— GUILTY .— Ten Years' Penal Servitude.
FOURTH COURT.—Wednesday, January 13th, 1869.
Before Mr. Recorder.
MR. WOOD. conducted the Prosecution.
WILLIAM CHITTY . I am a coffee-house keeper, of 136, Salmon's Lane, Limehouse—on Saturday previous to 28th December, about 5.30 p.m., I had alighted from an omnibus in Cannon Street Road—it was raining, and I had an umbrella up—five persons and the prisoner crossed from the opposite side and walked behind me—the prisoner dodged me three times—first he went before me, and stood with his back to me, so that I might run against him—I avoided him, and passed him—he did it again, and I passed him again—he did it a third time, and faced me, flew at my neck like a tiger, and tried to throw me down—he made a signal for the rest, and they all pounced on me with great force—this is my coat (produced), it is torn—the prisoner held me round the neck and I held him round the body—I had rather have suffered death than let him go—I could not make a noise, because he choked me—two women came up and beat off the others with umbrellas, and cried, "Murder!" and "Police!" very lustily, saying, "You villains! you will kill the old gentleman"—I heard that as I lay on the pavement—Charles Cook and another man came up, and as I would not leave go of the prisoner, they lifted us both up—a constable came at last, and I charged the prisoner.
Prisoner. Your statement is false, I came to give you assistance. Witness. You said before the Magistrate that the two women were friends of yours, and the Magistrate asked you to tell their names—I consider that they saved my life—the other men tried to rifle my pockets—you cried all the way to the station, asking me to have mercy on you.
on the pavement—I lifted the prisoner up and held him till a constable came—he said he was innocent—several women were there.
GEORGE FORD . I was Policeman H 191, but have resigned—I was fetched and found Chitty very much exhausted, and his coat was dirty—Chitty charged him with knocking him down, and attempting to rob him—he said, "Believe me, sir, I am innocent."
Twelve Months' Imprisonment.
204. JOHN TRAVERS (33), and THOMAS SMITH (34), Breaking and entering the dwelling-house of David Ulman, and stealing therefrom one petticoat, one watch, and other articles, his property, to which Travers PLEADED GUILTY .
MR. BESLEY. conducted the Prosecution.
MARTHA COAST . I live at Manor House, Camden Road, at Mr. David Ulman's—these two or three flannel undervests, and this petticoat, are Mrs. Ulman's, the marks have been picked out, but you can see plainly where the letters were—these four scarfs, pair of gloves, and writing case belonged to a little boy in the house—the property lost was worth nearly 100l.,—there were watches, diamond rings, and other articles—I was not in the house, I merely speak to their identity.
ELIZABETH LEWIS . I am a servant at Manor House—on 20th November, about 7.30 p.m., I went up to Mrs. Ulman's room, in front of the house—there is a portico at the side of the window—I had not been in that room before that day—I found it very much disturbed, the bed clothes pulled up, the drawers and wardrobe open, and a shawl spread out on the floor—the window was open, I do not know whether it had been left open—there is a fastening to it—I missed dresses, jackets, and other articles—I saw this desk safe on the drawers the day before.
CHARLES COLE . (Policeman C 23). I have known both the prisoners many years, and have repeatedly seen them together—the first time was perhaps ten years ago—a day or two before 20th November I saw them together in Church Street, Shoreditch, talking to two others, and between that time and their apprehension I saw them together about five times, and there were always two men with them—I also saw them the night previous—on the night of 21st December I followed one of them from the Adelphi, and on the morning of the 22nd I went to Shoreditch, to the house of two other men, and I went to their lodging, 2, Vincent-street, Shoreditch, about 7 in the morning—I went to the ground floor room, knocked several times, and they asked who was there—I said "Police"—I put my foot against the door, and it was open—I found the prisoners in bed, and told them my name—they knew me very well—I told them I should apprehend them for stealing a diamond bracelet, value 300l.,—I searched the place, and found these articles (produced), and this jemmy by the side of the fire-place—I called their attention to the articles—they said nothing.
Smith. Did not I tell you I had only just come out of the hospital, and only lodged there that night? Witness. No, you never spoke then, but you told me so either in the cab or at the station—I think you went to the hospital on December 4th, and came out on the 18th—you told the Magistrate so—Travers did not own to everything, and say that you had nothing to do with it—the landlord told me you had come out of the hospital, where you had been about five weeks—I inquired, and found it was correct.
THE COURT. considered that Smith was not shown to be connected with the articles, by being found in Travers' room.
SMITH.— NOT GUILTY .
205. JOHN TRAVERS , and THOMAS SMITH were again indicted for breaking and entering the dwelling-house of Henry Thornhill, and stealing therein 22l., and one key, and other articles, his property, Travers having been convicted at this Court in April, 1863, to which
TRAVERS PLEADED GUILTY . **— Ten Years' Penal Servitude.
MR. BESLEY. having opened the case, the COURT. considered that this evidence did not vary from that in the last case.
SMITH— NOT GUILTY .
Travers had also PLEADED GUILTY . to four indictments for like offences.
MR. METCALFE. conducted the Prosecution; and MR. DAVIN. the Defence.
CHARLES PARMENTER . I was carman to the Great Eastern Railway Company in February, 1867—on 15th February, I had a load of goods from Mr. Kemp for Messrs. Salter—I left the Brick Lane Station about 7.40, drew the cart outside the station, and left it in charge while I went to breakfast; when I came back, it was gone.
JOHN HIBBERD . I live at 4, King's Head Court, Finsbury—in April, 1867, I was tried and convicted here of stealing a horse and cart, and some silk (See Vol. 68, p. 444)—I took the cart, on 15th February, from the Great Eastern Railway—there was a load of goods on it—I took it to Pelham Street—I took four boxes off it, and took them up the court in Pelham Street—I asked a boy to help me, as I could not get one down—I took them to a back room up a court; nobody was there at the time, and I went to get the key from the prisoner at his shop, two doors off the court, opened the door with the key, and put the boxes in—George Brown was in the room—the prisoner and another man stood at the door; they came out, and stood by the cart while I got the key—they told me to take the boxes, and not the other things—I found them at the cart when I came back, and I drove it away—I was servant to the prisoner, and ran on errands—he keeps a chandler's shop—Brown did nothing, but he lived there—they had been living in the room where I put the boxes till a little before 15th February, when they turned the bed out, but still kept the room—they had the room when I first went there; I was there about two months—a week before I got the cart, I told the prisoner that I could get it away, and he told me if I got it, I was to take it to him—horses and carts which are coming from the station are usually left—I afterwards drove the cart to Oxford Street, Stepney, and left it there—when I came back, I saw the boxes open, and some reels of silk in them, in boxes, and reels of velvet in bags—the prisoner and the other man were in the room—the boxes had been broken, and the pieces tied up in bundles, and left in the room—the reels of silk were found in the room when the officers came—I was then in the shop—the velvet was taken away in a little cart with a horse, I do not know by whom—it had been all brought to the shop while I was away—I was in the shop the same afternoon when the constable came into the back room—the prisoner was in
the shop when the constable came, but he went out, and the other man, too—I was taken a week afterwards—we all went away when the constable Came.
Cross-examined. Q. I believe you have been sentenced to twelve months' imprisonment. A. Yes—when I proposed to take the silk the prisoner did not say that I could not do it—this was an empty room up the court—the prisoner had lived there—I knew that he kept the goods, because I was working for him—he gave me the key for the purpose of taking in this silk—he knew I had stolen it; I told him so—he did not then say I will have nothing to do with it—I did not represent to him, in order to get the key, that the silk belonged to someone I was connected with—I did not at the time toll him it was stolen; but I told him I could got a cart with some things in it—and he said if I got it I was to take it round to him.
MR. METCALFE. Q. Had the cart you got away the Great Eastern Railway label on it, very large? A. Yes.
JOSEPH RUSSELL . (Great Eastern Railway Police Inspector). On 15th February, 1867, I heard of this robbery, and went that afternoon to the room in this court, with several officers—we found the door locked, and got in at the window—there was no one there—we found there two half bags of reels of silk, worth nearly 300l., and some boxes which had been broken up (produced)—they had labels on them and addresses, which are still here—this one is addressed "Whiter, Salter and Co., silk merchants, Spital Square"—on 16th February, I went to a chandler's shop in Pelham Street, two doors off—I do not know who it was kept by; I found some velvet on the bed in the back room, which has been given up to the owner; also a ready reckoner, with the names Edward Taylor and Betsy Goods in it—I know the prisoner by the name of Teddy Taylor, and know Betsy Goods very well—I also found a sack in the room, which was shown to the carman when Hibberd was convicted, and he identified it—I knew the prisoner before, and have been in search of him ever since, bat could not find him till last month.
JOHN BURROWS . (Policeman H R 40). I know the prisoner—in February, 1867, he was living in Pelham Court—I know the shop—the prisoner told me he occupied it—I saw him there in 1867, and George Brown, who has been convicted—they both lived together—I saw them there two nights before—on that occasion I followed them for two hours—they then went into the room which has been spoken of; the front door was fastened, and I went to the window, and asked the prisoner to undo the door—I went in, and he said "We live here, and you can see us get into bed if you like," and I saw the prisoner get into bed—on the night of the 14th I met them again in Brick Lane—they asked Inc to have some gin, which I declined—the prisoner said "You need not have been frightened; we have taken a shop, two doors from the court, a chandler's shop"—on the next night, the 15th, I heard of the robbery—I went to the room in the court, and found that the greater part of the things which I had seen there had been taken away—I next saw the prisoner at the station—I saw nothing of him from the 16th February up to last month—I watched for him several days.
WALTER FISHER . I am a constable of the G E R—on 21st December I saw the prisoner at Haggerstone, about 9.45, corning over the bridge with another man; they passed inc quickly—I followed them as far as a beer-shop; the one not in custody went in there, and the prisoner turned
round the corner—I said to him "Teddy, I want you"—he stooped down very quickly, and ran away—I ran after him, calling "Stop, thief!" and, on his turning a corner, I got close to him; we struggled together—he got inside some palings, and he struggled till an officer came up; and I gave him in custody, charging him with stealing a great quantity of silk belonging to the Great Eastern Railway, on the 14th of February, 1867—he said "I know nothing about it"—we got into a cab; I was opposite to him, and he leaned over to me, and whispered in my ear, "Somebody has put me clean and clever away; but those who have put me away will get lagged themselves before long; but it is all up with me now; I must put up with it."
GUILTY . †
Seven Years' Penal Servitude.
MESSRS. DALY. and MOODY. conducted the Prosecution; and MR. WOOD. the Defence.
ANN GENN PLAW . I am a widow, and keep the Marquis of Granby at Kensington—on 16th September, three men came there to dine—I was up stairs, dressing—when I went down I locked my door, everything was then safe—the three men left half an hour after I went down, and half an hour after they left I went up again, and found the door broken open, and the room in great confusion—I missed five rings, eight brooches, a fine gold snap, three pairs of bracelets, one odd bracelet, a gold chain and a silver watch (produced)—these are them, they are mine—the men dined in the first floor room, and my room is over it.
Cross-examined. Q. Did you see the men at all? A. No.
MARY AHERNE . I am servant to Mrs. Plaw—on 16th September, three men came to dine there—the prisoner Green is one of them—I had seen him and one of the others before—I took up the dinner, and after some time, I went up as far as the landing and met Green at the top of the stairs, with his hand on the bannister—he asked me if I heard the bell ring—I said that I did not, because he never rang it—he asked me to bring a pint of stout—I went to get the pot, which they had had before, but he laid, "Never mind that, bring up another one," and he gave me 6d.—I went and brought up another pot; they were then all three in the room—they remained five or ten minutes after that, and shortly after they left my mistress missed her things.
Cross-examined. Q. How many times had you seen them? A. Two of them I had see twice, Green and one of those who is not here—I did not see them come in, but I went into the room I think three times, and saw their faces—I do not recognize Hooper—a cab stopped at the door when they came, and left when they left, but I do not know whether they went in it.
Green. Are you sure it was me? Witness. Yes—I swore that Mr. Freeman was the cabman—I can also swear to Waters.
ANN WATERS . I am a servant, and know both the prisoners—I know Green by the name of Morgan—on Wednesday afternoon, 16th September, the prisoner and my brother came to our house—they had some jewellery with them, I saw a watch and chain, and some rings and brooches—I believe
this watch and chain to be the same, and this bracelet—I did not see the others, or this ring—I was keeping house for my brother—they came there that evening, and returned about 9 o'clock.
Cross-examined. Q. Had Hooper been driving them in a cab that night! A. Yes, I saw him with the cab that night—he came on Saturday, and Prothero, the printer, asked my brother, in Hooper's presence, what he came there for—my brother said that Morgan (that is Green) had not paid his fare.
Green. You say I came to your house, where were you? Witness. In the parlour—you called me up stairs, and asked me to pawn a watch and chain—I said, "I shall have nothing to do with it"—I came down, and you all three divided the jewellery—you had two rings on your finger—a pair of earrings were offered to me, but I said "No, I shall have nothing to do with them"—you came at night in a cab.
COURT. Q. When was it you saw Hooper? A. At night, I did not see his badge.
WILLIAM ENTICKNAP . I am potman at the Marquis of Granby—on 15th September, three men came there, and I recognize Green as being one of them—they went up stairs, I followed, and they ordered me to bring up a pint of stout—I saw a cab standing outside the door—I had known Green before.
Green. How long have you known me? Witness. About six months—I knew you at the time you worked at Mr. Alderson's—I did give information against you.
Cross-examined. Q. How many times did you see the three people? A. Twice—I saw them once before the robbery—I only saw them once on this occasion.
COURT. Q. Had you ever seen Hooper before? A. No—I believe the cabman, Freeman, was there waiting outside.
JOHN MICKLEJOHN . I am a detective sergeant—on the 4th December I took Green into custody—I told him that he was charged with being concerned with others, in stealing a quantity of jewellery from the Marquis of Granby public-house, on the 16th September—he said he knew nothing of it, he was not there—I asked him if he was not there with a cabman named Freeman, and another man of the name of Waters, and he said no, he knew nothing whatever about them—I took him to his home in Brewer's Yard, and there I found a life preserver.
Green. You never found anything else in my house? Witness. Nothing else.
JAMES MCQUEEN . (Policeman V 132). I was with last witness when Green was taken into custody—I have known Green for the last seven years, and have seen him in company with Waters—I produce two rings, two neckties, and a pair of steel bracelets, which I received from Mrs. Crannins, who resides in the Culford Road, Battersea.
Green. You say you have known me for seven years, have you known anything of me? Witness. Not until the present time—when I first knew you, you worked for Mr. Duncock.
EMMA CRANNINS . I live at 15, Culford Road, Battersea—the steel bracelets and neckties were given to me by Henry Waters—I think, between two and three months ago—at that time he lived nearly opposite me, and used to deal with me—he also showed me a watch and chain, and asked me what I thought he ought to have given for them—I know Green by the name of John Morgan—I have seen him in company with Waters—he has
been to my house twice with him—he was not present when these articles were given to me.
Green. You never saw me in Waters' company only in your parlour? Witness. No.
COURT. Q. When was it they were there? A. About three months ago, I should think.
CHARLES PROTHERO . I am a printer, and reside at Battersea—Waters lodged with me—on the 16th September I saw both prisoners in my house—they went into Waters' room and remained some time—they came downstairs and went into my parlour—Ann Waters was there—they were with her for some little time—they afterwards had tea in my kitchen—Hooper brought in about a half-pound of steak—after they went I saw them altogether again in the Half-way public-house—a cab was standing at the door, and I saw Waters, Green, and the cabman in the public-house—by the" cabman "I mean Hooper—after that Hooper came to see Waters.
Cross-examined. Q. Did not Hooper tell you he had come for his cab fare? A. He did not.
Green. Q. When I came into your house did you see any of these jewels? A. I did not—Ann Waters lives in my house—she is a respectable person, as far as I have seen—I have seen nothing improper at all—some one comes to see her—he is a tailor, but he does not work for Mr. Poole—he has stayed in my house all night, but not with her—I know this was on the 11th of September, for this reason, I am chairman of a society in Westminster, that meets every Wednesday night—in the early part of that day my wife went to London to spend the day with a friend of hers, and she returned home with me in the evening—she has never been to London since that day—I remember that so well—I was never a companion of yours or Waters—I have been about with him as long as I knew he was an honest man—I was not aware that he brought a woman home to my house, and that she stole his sister's shawl—I knew it from his own lips afterwards—you are a bad, false man for saying I keep a bad house.
JOHN WARD . (Policeman V R 28). I took Hooper into custody on the 24th December—I told him he was charged with being concerned with a man named Green in a robbery at the Marquis of Granby, High Street, Kensington—he denied all knowledge of it.
COURT. to ANN WATERS. Q. You said the three persona divided it; how did they divide it? A. They put it into three lots on the table, and I think they tossed which should have the lots—they did something to know which lot they should have, and then each took a portion.
MR. WOOD. Q. Did you see Hooper put any in his pocket? A. He took some in his hand—I did not see what he did with them.
Green's Defence. All I know of Waters is by going to Mrs. Crannin's. She was in the habit of paying her visits, but I know nothing of the robbery. I have never been out of Hammersmith, and if I had been concerned in the robbery I should not have stayed there.
GREEN**— GUILTY .
HOOPER— Guilty of Receiving.
They were both further charged with having been previously convicted, to which they PLEADED GUILTY. Green on the 15th August, 1855, and Hooper on the 7th July, 1865. Hooper received a good character.
GREEN— Ten Years' Penal Servitude.
HOOPER— Twelve Months' Imprisonment.
MR. COOPER. conducted the Prosecution.
HENRY RANDALL . (City Detective 168). On the 7th January, about 4.30, p.m., I saw the prisoner in St. Paul's Churchyard, at the corner of Paul's Chain—he was stooping over a bag—I took hold of him, and asked him what was in the bag—ho said "Nothing"—I opened it, and found it to contain two pieces of French repp, altogether 100 yards. I took him to the station, and searched him, and found on him 8d.—he refused his address.
Prisoner. Where were these articles when you came up to me? Witness In the bag—you were in the act of tying a bit of string about the month of the bag—the bag was on the ground—I did not see you in the street where the things were stolen from on that day—I did not see you carrying the bag—I do not know how long you were at the corner of Paul's Chain—I did not see you go there.
HENRT BYGRAVE . I am a warehouseman, in the employ of William Holmes, and others, of 56, Bread Street—I have seen the goods produced—the value of them is 4l., 11s—they belong to my employer—I saw them safe between 2 and 3 on Thursday the 7th—I had packed the goods—I examined the case next morning, about 9 o'clock, and found two pieces of repp short.
Prisoner. Did you see me in your shop the day when these articles were lost I Witness. I did not—I never left the shop from the first thing in the morning until I went out in the evening—I believe no one in the shop saw you—the articles were stolen between 4 and 5 o'clock—the officers came into our warehouse about 6 o'clock, but I did not miss the articles till 9 o'clock next morning.
Prisoner's Defence. On this Thursday afternoon I was standing at the corner of Friday Street and Cannon Street, and a young man who had these two pieces of repp under his arm, and a brown paper parcel in his right hand, asked me if I would mind earning a few half pence, I said I did not—he said, "I want you to take this to Joiner Street"—when we got to the corner of Paul's Chain, he said he wanted to go to the booking office in Watling Street—I waited there about five minutes, and the constable came up.
GUILTY . **
He was further charged with having been previously convicted on the 7th May, 1866, in the name of John Connor.
Prisoner. I have never been in Holloway Prison in my life.
GUILTY.— Seven Years' Penal Servitude.
MR. WOOD. conducted the Prosecution.
EDWARD ATKINS . I live at 33, Beams Road, Plaistow, Essex—I assist Mr. Joseph Lester sometimes—Mr. Ockley is now the master of that shop—between 3 and 4 o'clock, on the 12th December, he sent me with some goods to Mr. Worth's; I took some soap and candles—as I was returning, Fitch tapped me on the shoulder, and said, "Have you come from our place?"—I said, "Where?"—and he said, "Mr. Worth's"—I said, "Yes"—he said, "Bring a paraffin lamp for about half a crown or three shillings
and change for a sovereign"—he told me to make haste—I went to Mr. Ockley, and he gave me a lamp and a half-sovereign—the first things came to 6s. 3 1/2 d. altogether; with the lamp they came to 10s.—on my way to Mr. Worth's, Fitch met me, and said, "Give me the half sovereign; I am going to the shop for some more goods"—I gave him the half sovereign, and he told me to go on with the lamp—I did not see him again until he was in custody—I identify him by his face, hair and whiskers, and voice.
COURT. Q. When did you next see him? A. On the 26th December, at Bow Street.
Fitch. Did you ever see me before? Witness. I never saw you before you met me.
JOHN OCKLEY . I live at 9, Victoria Terrace, Plaistow, and am an oil and colourman—on the 12th December the last witness was in my service—between 3 and 4 o'clock in the afternoon, I gave him instructions to take some things to Mr. Worth's—Edwins was in the shop at the time—I took great notice of him, because he wanted to sell me some rat destroying stuff—he was hanging about the shop some little time—he left just before the boy left—no doubt I told the boy in his hearing where to take the goods to—when the boy returned, he made a communication to me, and I gave him a half-sovereign and a lamp—I sent the bill before.
Fitch. Did you see me before? Witness. No; never until you were in Court.
FITCH— GUILTY .
EDWINS— NOT GUILTY .
FITCH was further charged with having been before convicted, to which he PLEADED GUILTY.
MR. WOOD. conducted the Prosecution.
JOSEPH PRICE . I am in the employ of Messrs. Tucker & Son, of Richmond Road—on the 9th December, I was in the Lilley Road, West Brompton, and had just come from Mr. Lovibond's house, where I had delivered some butter—Edwins met me, and told me to tell Mr. Tucker to send a bladder and twelve fresh eggs, and change for a sovereign—I asked him who he was, and he said he was Mr. Lovibond—I went home and fetched the things, which came to 6s. 2d., and got the change—I met the prisoner Edwina at the cemetery gate, and lie asked me if I had got the change—I said, "Yes"—I had 13s. 10d.—he said he was going to the shop to order some cheese, and I gave him the change—he told me to take the things on to Mr. Lovibond's, which I did, but they would not take them in.
Edwins. How long do you think it is ago when you say you met me? Witness. Well, I believe it is about a month—I did not state two months; I said I believed it was on the 9th November—I said November, but I afterwards found out it was December—I said before the Magistrate that I saw you join another man.
ANN BAKER . I am the wife of Edwin George Baker, Mr. Lovibond's coachman—I know Fitch by sight—I saw him on the 9th December, between 1 and 2 o'clock in the day time—I was standing at the gate, expecting the carriage in every minute—I had the two large gates open, and was standing at the little gate to see that no tramps came in—Fitch crossed the road, and asked me the name of the house I used—I said "The Hermitage"—He
stepped back a little, and then carne and said, "What is the people's name?"—I said, "If you want to know master's name you had better go to the office and inquire, as I am not in the habit of giving my master's name to strangers at the gate"—he went to the corner of the north end wall—some men were there waiting, to come back from their dinner hour, and he went and spoke to them—I believe those men were in the employ of Mr. Lovibond.
Fitch. Q. You swore at the Police Court that I was the person who spoke to that boy? A. I saw you speak to the boy directly you left the men.
FITCH**— GUILTY .— Seven Years' Penal Servitude.
EDWINS— GUILTY .— Eighteen Months' Imprisonment.
211. JAMES ACOMB (42) PLEADED GUILTY . to unlawfully inducing John william Bird to execute a certain deed, whereby he became surety for the payment of divers sums of money; also to conspiring with divers other persons unknown to remove certain goods and effects— To enter into his own recognizances to appear to receive judgment when called upon.
212. JOHN TAYLOR (21) , to stealing 27 yards of flannel, the property of James Beales and others, having been previously convicted on the 26th February, 1866— Seven Years' Penal Servitude. [Pleaded guilty: See original trial image.]
213. HENRY SANDS (18) , to breaking and entering the counting house of William Charles Powell, and stealing divers goods.—The prosecutor recommended him strongly to mercy.— One Months' Imprisonment. And [Pleaded guilty: See original trial image.]
RICHARDS was further charged with having been previously convicted on the 8th August, 1867, in the name of William New.
Richards. I was never in trouble before. Witness: I am quite sure I have not seen him since, until he was taken into custody—I apprehended him on the former occasion—he was sent to Coldbath Fields.
HERBERT REEVES . I know that the prisoner has been confined in Cold-bath Fields for some considerable time, but I do not attempt to prove he is the same man as that mentioned in the certificate—he has not been out above six or seven months—West has also been there.
RICHARDS—GUILTY.— Seven Years' Penal Servitude.
WEST— Seven Years' Penal Servitude.
OLD COURT.—Thursday, January 14th, 1869.
Before Mr. Justice Keating.
MR. COOPER. conducted the Prosecution; and MR. METCALFE. the Defence.
MICHAEL PERKINS . I live at 12, Russell Court, St. George's—on Friday night, 10th December, I was at the Bell public-house, Ratcliffe Highway between 12 and 1 o'clock—the deceased was not with me; he was standing a few yards away from me—I was standing talking to the potman—I saw the prisoner and a girl walk past—Buckley walked after them; they stopped against the Hoop and Grapes, and had some words—Buckle put up his hands in a sparring way—I ran up, and saw the prisoner hit him in the belly; I did not see anything in his hand—Buckley halloaed out that he was stabbed, and the prisoner ran away—I went and fetched a policeman—I afterwards saw Buckley at the station, bleeding from the belly; I knew him by sight.
Cross-examined. Q. Only by sight? A. That was all—I know he was a hard-working man; I never knew that he was a man who got into quarrel at night—he followed the prisoner directly he went by—there was another chap with Buckley; he went away before the blow was struck—I only saw one girl with the prisoner—there were other girls round there—I knew the girl with the prisoner by sight; I had seen her with Buckley the day before, drinking in the Bell—I had seen the prisoner before, lots of times, walking by; he was not present when Buckley was drinking with the girl the day before—I did not hear Buckley ask the prisoner for something to drink when he followed him; I heard no words at all they appeared to be quarrelling—I did not notice the girl in the crowd; there was a crowd round when they were sparring—I was some little distance off—I did not see the prisoner sparring; only the deceased—I did not see the deceased hit the prisoner; I did not see any blow struck till the prisoner hit him in the belly—I saw the deceased's arms up in a fighting attitude; I can't say whether he hit him or not.
CHARM STENNER . (Policeman K 439). On this morning I was on duty in St. George's Street, Ratcliffe Highway—I heard cries of "Police!"—I went up, and saw the deceased being carried by four men towards the station, bleeding—in consequence of information I went to 12, Palmer's Folly, about two hundred yards off, and saw the prisoner—I said "I want you for stabbing a man in the Highway"—he said "I know nothing about it"—I then took him into custody—in going to the station he said "He attempted to rob me, and I used the knife in self-defence"—I searched him, and found on him this knife (produced) in his outside coat pocket; there was wet blood on the blade at the time.
Cross-examined. Q. Did you know Buckley? A. Yes; he was a cooper by trade—he had not followed his trade lately, I believe, not for several years—I can't say how he got his living—he was a very quarrelsome man; he has been convicted several times for assaults on constables and others—I consider he was one of the worst characters we had there; he was associated with several women, and for years lived with one in a brothel—I know the prisoner as a sailor; he has been backwards and forwards different times—I have made inquiries about him, and he has followed his business as a sailor for years.
JUIIN PROUTING . I was house surgeon at the London Hospital on the morning of 11th October, when Buckley was brought in he had been previously seen by a surgeon, and his wound dressed—I did not see the wound for a day or two afterwards; it was an incised wound, about two and a half inches in length—it was such a wound as this knife would make—it was on
the left side, just at the point of the cartilage of the eighth rib—I did the best I could for him—he died on Saturday, 19th December—I made a port-mortem examination on the Monday following—the cause of death was in-flammation of the lining membrane of the abdominal cavity, caused by the wound—it penetrated the abdominal wall—I heard from the surgeon that some of the intestines were protruding at the time—the intestine itself was not wounded.
Cross-examined. Q. The abdominal wall is very thin, is it not? A. Yes; there is no telling how fur the knife might have gone in—it might have been very slight to get to the intestine—there must have been some amount of force to go that length through the clothes.
JOHN ROUSE . (Police Inspector R). I was present when Buckley's deposition was taken, at the London Hospital, by Mr. Paget, in the prisoner's presence—he had the opportunity of putting any questions—the deposition is signed by Mr. Paget—(Read: "I am a cooper, lately living at Shadwell. On Saturday morning, the 10th instant, I was in the Hoop and Grapes public-house; the prisoner was in the music-room; I saw him go in and come out again. I was out in the street; the prisoner pulled off his coat and said to me, 'Feel my muscle; can you fight? Put up your hands, if I hit you it will be sudden death.' I burst out laughing, and he squared over right at me; and he had a knife in his hand, but I did not see it then, and he struck me on the left side, below the ribs, and I felt I was stabbed. I followed him a little way, and then I fell; then he ran away in the direction of Shadwell Church. I knew the prisoner before; I am sure he is the man.—(Cross-examined.) I never saw you before last Thursday week. I did not strike you, you were not on the ground at all. It was about 12.30 yesterday morning when this was done. You had no girl with you at the time."
Witnesses for the Defence.
RACHEL DIXON . I was present on the night this took place—I and Hannah Murphy and Esther Beechey were walking together, and the prisoner behind us—Buckley was standing outside the Hoop and Grapes, between 12 and 1 o'clock—I heard Buckley say, "Here comes the black son-of-a-bitch," and he went up and asked the prisoner for a pot of beer—the prisoner said, "I don't know you;" and Buckley up with his fist and struck him in the head and knocked him down, and kicked him three or four times—the prisoner never lifted his hand at all—his hat fell off, and as he went to pick it up Buckley struck him again three or four times, and he fell down again—the prisoner then ran away, and I saw Perkins run and get a policeman, and saw them carrying Buckley along and the blood streaming along the street—I did not see the prisoner strike Buckley at all—it all took place in about five minutes—the first blow was struck by Buckley on the pavement, just outside the Hoop and Grapes, and the prisoner fell into the road—he was going home with his young woman, Esther Beechey—she has gone to Sunderland.
Cross-examined. Q. Did you see Perkins there? A. Only when he went for the policeman; I did not see him before—Buckley knocked the prisoner down twice; I am sure of that.
HANNAH MURPHY . I was with Rachel Dixon—Esther Beechey and the prisoner were walking close behind us—when we came to the Hoop and Grapes, Buckley was standing outside the door—he said, "Here comes the black son of a bitch"—he went up and said, "Will you stand a pot of beer?"—the
prisoner said, "Why should I give you a pot of beer; I don't know you"—with that, Buckley lifted his fist and struck the prisoner and knocked him out in the middle of the road, and some other chap came and hit him in the side; I don't know who he was—he tried to get up and his hat fell off, and as he was picking it up Buckley got hold of him again, and the next thing I saw was Buckley fall on the ground, and the prisoner run away—I saw Buckley hit him three or four times in the side of the head, and he knocked him down twice and kicked him—I knew the prisoner before; he was going home with Esther Beechey, who has gone to Sunderland—I knew Buckley by sight, but never had any acquaintance with him—I am not related to the prisoner.
Cross-examined. Q. Did you go before the Magistrate? A. Yes; but I was not called; I was too late—I did not see Perkins on this night till I saw the prisoner going away with the police—there was such a crowd I did not recognize him.
CHARLES STENNER . (re-examined). I did not observe any marks of violence on the prisoner when I took him—he did not complain of being assaulted, merely of the attempt to rob—his clothes did not appear dirty; it was a dry night.
GUILTY . of Manslaughter, under great provocation. Recommended to mercy by the Jury.— Six Months' Imprisonment.
MESSRS. CUNNINGHAM. and MOODY. conducted the Prosecution; and MESSRS. STRAIGHT. and CAPE. the Defence.
HENRY DOBBINSON . I live at 22, Martha Street, St. George's, and am foreman to the Animal Charcoal Company Limited—the deceased and prisoner were fellow labourers there—they had worked together for about seven years, and agreed very well indeed; they never had any words before this—on Christmas Eve they had had a little to drink, but were not drunk by a long way; the deceased was worse than the prisoner, if anything—they were working on a platform from 16 ft. to 18 ft. high; they were night workers—about 11.45 they were chaffing one another which could get the most beer on credit—one said he could get so much; the other said he could not—the deceased said he could go and get beer at any public-house where the prisoner dared not show his face—the prisoner said he could not—with that the deceased called him some very nasty names, and the prisoner went and hit him with his fist, a slight blow, I believe somewhere about the face; it was not so hard as to mark him—the deceased then took up the shovel he was working with to strike the prisoner—I picked up a handful of grain, and said to the prisoner, "Howard, we will have no words here; go to your work"—the prisoner went to his work on that, and the deceased went to his work, but came back again in a minute with the shovel to Howard, called him a nasty name, and said he would fight him—with that the prisoner hit him and knocked him down, and he rolled off the stage—I descended the ladder, and helped to get him up—he had fallen into a canister, a thing about 3 ft. 6 in. or 7 in long, and about 2 ft. wide; a deep iron thing—I found him doubled up in this canister—he did not speak—I went for a doctor, and when I came back the man was dead.
Cross-examined. Q. I believe you always found the prisoner orderly and
peaceable? A. No one better—I was his foreman, and had plenty of opportunity of judging—I have seen him struck at times, and he has never lifted his hand to anyone—the deceased was not a man given to fighting, but he was a very nasty, foul-mouthed man when he got a drop of beer, no one could put up with his temper—I said before the Magistrate, the prisoner made a hit at him—he did make a hit at him; I could not say that he struck him, his hand might have touched him, a slight blow; I believe he did strike him, but nothing to speak of—they both had shovels in their hands—the stage is about 9 ft. wide—they were shovelling the charcoal into heaps—when the deceased lifted up the shovel to the prisoner he called him a b——sod, and said he would fight him in the morning, and see whether he was as good a man as he was—the prisoner had not the shovel in his hand when he gave the blow which knocked the deceased down—he put it down, when the deceased challenged him to fight, and hit the deceased, and as he hit him he fell down, and rolled over the edge of the stage—there is a rail round the stage, about 2 ft. 6 in. or 8 in. high.
MR. MOODY. Q. When the blow was struck, had the deceased the shovel in his hand? A. Yes; he raised it the first time, but not the last time.
WILLIAM GROSE . I live at 12, Duke Street, St. George's—I worked with the prisoner and deceased—on this Thursday night there was some chaffing going on between them about beer—the prisoner struck the first blow, he hit the deceased on the head or face—the deceased presented the shovel towards him after that—not before, the foreman then ordered the prisoner to knock off, he would have no more of it, and he went to his work—the deceased then came up to him and told him he would fight him in the morning—the prisoner then dropped the shovel he was working with, and struck the deceased twice, first with his right hand and then with his left, somewhere about the head—the deceased staggered and fell, and rolled on the edge of the stage—he fell about 18 ft. into the canister—he died in about seven minutes afterwards.
Cross-examined. Q. Had anything been said about fighting before the deceased said I will fight you to-morrow morning?"A. The prisoner had struck him previous to that; I can't say how hard the blow was; I was standing right opposite to them—I did not hear much bad language; they were chaffing each other.
WILLIAM DOLLARY . I live at 11, King Street, St. George's—on Christmas eve I was working with the prisoner and deceased—I heard chaffing going on, then they came to high words, and the prisoner struck the deceased—the deceased then presented the shovel to him, not before—they were then ordered to their work—the prisoner went to his work—the deceased returned to him again, and offered to fight him in the morning—the prisoner struck him again, two blows, right and left, which knocked him down; he rolled four or five feet on the platform, then he fell on the platform, and by the fall he was too far over, and he over-balanced himself, pitched over, and fell underneath the platform—there is a rail to the platform, about 2 ft. 6 in. high, he rolled underneath that.
FREDERICK PEARCE . I am assistant to Mr. Ross, of 175, High Street, Shadwell, surgeon to the K division of Police—on this Thursday night, about 12 am., I went to the charcoal factory in New Gravel Lane, and found the deceased lying dead on the floor—he had a bruise over the left eve and a superficial wound immediately over the right eyebrow, which had
bled—the prisoner was there, and I heard him say, "I hit the man, and he rolled off the stage"—the platform is about 16 1/2ft. high.
DANIEL ROSS . I am a surgoon—I made a post-mortem examination of the deceased—there was a slight bruise on the left side of his forehead, also a transverse bruise at the nape of the neck, that would be from the fall on the canister—his neck was dislocated, and five of his ribs fractured; that would be from the fall—he died from the fall.
The Prisoner's Statement before the Magistrate. "We were working together on the stage; there was some chaff, and the man took up the shovel, and said he had a mind to knock me down with it; he put it down, and returned and put up his fist, and said he would fight me in the morning, and said my brothers were thieves. I got out of temper, and hit the man, and he rolled off the stage. I had no intention to hurt him. I had worked seven years with him, and never had an angry word."
The prisoner received a good character.— GUILTY .—Very strongly recommended to mercy by the Jury.
Fourteen Days' Imprisonment.
Before Mr. Common Serjeant.
MR. MOODY. conducted the Prosecution.
JAMES PALMER . I live at 3, Grasshopper Court, St. Luke's, and I am a costermonger—the prisoner is my wife—on Saturday night, 19th December, I had been at work very hard, and I went home the worse for drink—I laid down on the floor and fell fast asleep—my wife was not in the room then—I was awoke by finding blood coming from my neck—I think it might have been 1, or 1.30, I can't tell the time—my wife was then in the room—I said "Holloa, how has this been done?"—I found my waistcoat and trowsers had been undone, and she had taken my money out of my pocket—she said, I have done it, and will do it again before 7 o'clock in the morning; you aint dead yet"—what with the loss of blood, and the little drink I had I fell into a sort of sleep again, with my head against the fire-place, and the next thing I recollect was being woke up by two policemen who were in the room with my wife—the blood was running down my neck then—the policeman said to her, "What have you done this with?"—she said, a "A knife"—he said, "Where is the knife you done it with?"—she said, "That is not the knife, it was a white handled knife, I can find it, "or" get it out of the cupboard"—she had put it into the coal cupboard—it was fetched from the cupboard, and she said, "That is the knife I done it with," and she told me she had given herself up.
Prisoner. He came and took possession of my place on 19th December, very drunk, with his shirt all torn, and his waistcoat all over blood, from fighting with a man in Whitecross Street. Witness. No, I had been at work, selling taters for Mr. Painter, of Whitecross Street—I had been away from her for some time, because she had a lot of bad associates—we have been married between twelve or thirteen years—I have lived with her most part of that time—I have left her several times on account of her continually making away with the bits of things at home, and being with a lot of bad associates, drinking people—she is a widow, and has three children by her
first husband, and one belonging to a sapper and miner that she lived with before her marriage; she has none belonging to me—I have not brought women to the house—I have ill-treated her at times, and she has had summonses against me for assaults, two or three times—I served once two months', and once three months', then I would not live with her again—I have been in prison three or four times, and I was bound over to keep the peace—I offered to allow her a little maintenance when I came out of prison to keep away—I allowed her a half-crown a week; that was her own agreement—I paid her, and we made it up again, and I went back to live with her comfortably, for 10 months, till her companions got her out on the drink, and then she would not leave a thing in my house: there is not a leaving shop down Playhouse Yard where she has not left sheets, blankets, and other things—I am at work night and day, in the street and at a gas factory.
BENJAMIN THORPE . (Policeman G 93). About 3 o'clock on the morning of the 20th December, the prisoner came to me while I was on my beat and said, "I want you to take me into custody; I have stabbed my husband"—I said You are a foolish woman; you had' better be careful what you say"—she said "I have done it, and I meant to do it; I can show you the knife I done it with; it was a white—handled one"—she said if she was not locked up she would finish him before 7 in the morning—she took me and another constable to her home, and I there found the prosecutor sitting by the fire—I saw a wound on his neck, which was bleeding profusely—she repeated her statement that she had done it—her son brought this knife from the cupboard, and immediately she saw it she said, "Yes, that is the knife I done it with."
Prisoner. I was in that state of mind with the man that what I said to that gentleman I cannot tell. Witness. She seemed sober; but I believe she had been drinking—she was excited.
GEORGE EUGENE YARROW . I am divisional surgeon of police—on the morning in question I was called to the station, and saw the prosecutor there—I found an incised wound in his neck, on the right side of the back, about an inch in length, also a contusion of the right eye, with a small lacerated wound above it; he was much the worse for drink—being a superficial wound, I did not take the depth it was through the skin and subcutaneous tissue; he had lost a great deal of blood—I have seen him repeatedly since; he is quite well now—it was not a wound likely to be dangerous; it was not in a dangerous position; he has never been in any danger from it; it was not a penetrating wound—I have been called to the station in cases of assault by him on his wife—I cannot call to mind the nature of them.
Prisoner's Statement before the Magistrate. "I have been married to this man about twelve years, and out of that time I don't think I have lived with him any time; he is such a thoroughly bad, base man—I have four children, not his; he has ill-used them and he has ill-used me—he has brought prostitutes into my place, and turned me out—he has struck me with quart pots and used knives on me; he has broken up seven homes for me;—I had a little money left me, and he actually took it away from me and ill—used me—he has taken the children's clothes off, and the shoes off their feet—he only took possession of my home on Thursday last; he came to break my home up—there is not a lodging—house in Whitechapel that he has not been turned out of, and what I done I was compelled to do—I got into that way I did not know what I was doing—his language is so
disgraceful before the children it is not fit for anyone to hear—I thought I had better tell the policeman what I had done before I did any more mischief."
The prisoner put in, a written defence, detailing a long series of ill-usage on the part of her husband and stating that since her committal he had brought a prostitute to the house and turned her children into the streets, and that on out occasion he had attempted a criminal offence on her daughter.
JAMES PALMER . (re-examined). What she states is false—she can give her statement better than I can, because—I am no scholar—I have been in the house since she has been in prison—I have not turned her children out—her son is 21 years old, and is connected with a bad gang of chaps, and I would not allow it when I was at home.
GUILTY. of unlawfully wounding—the prisoner's son and daughter corroborated the statement made by the prisoner as to the prosecutor's brutality and ill-usage, and the Jury strongly recommended her to mercy in consequence of the great provocation she received.—Judgment respited.
PHILIP MARCUS . I am an outfitter, of 15, Wells Street, Whitechapel—on Sunday, 13th December, about 3 or 4 o'clock, the prisoner came and said he wanted some goods—he read me a cheque and said, "I can't get it cashed, I will see what I can do in the morning. I have five more, and one for 30l., in the captain's lady's hand. I believe Mr. Bartlett, the mate, is dealing here, and I wish to deal with you also"—I said, "If this is genuine, I don't mind letting you have it"—he said, "I don't want all the things now, you can send me the balance of the things. You can let me have 2l., now, and an overcoat; and the suit of black, collars, and other things, you can send to 12, Bond Street, Boro Road"—I let him have 2l., and an overcoat, and he went away—I sent the other things on the Tuesday by my young man—he came back with them—I saw no more of the prisoner for ten days, when I ascertained that he was living at No. 4, America Square—I went there, and inquired if Mr. Williams was stopping there—the servant said she did not know such a name; but on opening the breakfast room door, I saw him there and said, "This is the gentleman I want"—I said no more, as there was a stranger in the room, but the prisoner took the hint, put his hat on, and came out with me—he said, "I suppose you thought I was not going to pay you"—I said, "You are perfectly right, I did think so, and I think so now"—he said, "I shall call in too or three days and pay you"—I said, "Williams, don't let me have ally nonsense, I must be paid; you have deceived me, and got those goods under false pretences"—he said, "Well, I will go up stairs"—he carne up with a peice of paper in his hands and said, "Where is this Bank of England?"—I said, "I can tell you"—I took him there—he said, "You can stop outside, I will be out directly"—I said, "No, they will not take any notice of me"—he went to the very furthermost desk, and put down the paper—the gentleman at the desk said, "Next desk," and as he turned round he bolted through a pair of folding doors as fast as he could—I followed and caught him, and gave him in charge—he said it was only a debt—(The order was read as follows:—"Orential Bank Corporation. On demand, pay this, second of exchange, first not paid, to order of Miss H. Ashton, 5l.,
sterling, 8th September, 1868")—It was in consequence of his showing me that, and representing that it was a valuable piece of paper, and good for a cheque on the Bank of England that I let him have the goods and the 2l., and also his saying that the other things could be sent to him—I should not have allowed him to have the goods unless I had believed this to be genuine—I had never seen him before.
Prisoner. Q. Did not you come on board our ship? A. Not to my knowledge—I was on board the Mist, on the Saturday, as she was going into dock—I did not speak to you, to my knowledge—I gave the mate a card—the second mate was an old acquaintance of mine—I never saw you, and did not know that you belonged to the ship—when you came to my place, on the Sunday morning, you asked me to lend you 2l.,—I did not force the coat upon you—you asked for it and said it was cold, and you had come from a hot climate—you did not say you did not want it—I am certain you showed me the cheque at that time.
MORRIS BRUSINSKI . I am shopman to Mr. Marcus—I was sent by him to Bond Street, Boro Road—I went to a house there, according to his orders, and found it shut up and to let—I tried to find the prisoner, and could not.
Prisoner. Q. Did you hear me give the address to your master? A. No—I was not at home—I found it in a book—I saw you on board the ship.
GEORGE TURNER . I am a clerk in the drawing office Bank of England—this paper (produced) is wholly valueless—I produce a draft from the Oriential Bank—it is the first of exchange and corresponds with the other—it was paid on 7th December, and cancelled—that renders the other quite useless—it was paid to Mears Glyn & Co., there is no endorsement on the second—the first was duly endorsed.
ALEXANDER MORGAN MACKIE . I am a clerk in the Oriental Bank—this bill of exchange was brought from the Bank of England on the morning of the 8th December, and duly paid there—it is a cancelled draft—on that being paid the second became valueless.
ROBERT PACKMAN . (City Policeman). I was on duty at the Bank of England and saw the prisoner run from the drawing office as fast as he could run, and the prosecutor after him, calling "Stop thief!"—I ran after him—the prosecutor overtook him first, in Cornhill.
Prisoner. I ran across the road to avoid being run over. Witness. He very nearly tumbled down, or I don't think we should have caught him—when the prosecutor gave him into my custody I asked him the nature of the charge, and he said it was for obtaining goods under fraudulent pretences—the prisoner said, "I have got a cheque on the bank, and I was going to pay the man"—I said "What did you run away for?"—he said, "Because he keeps dodging me about."
Prisoner's Defence. I came home from a long voyage in the Mist—Mr. Marcus boarded the ship as we came into Millwall Dock, and gave us cards—he persuaded me to go to his shop, and I went on Sunday morning—I did not intend to go for any goods, but lie said, "Here is a good coat, made for a captain"—I said I did not want it, but he put it on me, and said, "Take it, I will stop till you pay me"—he lent me the 2l.,; I did not intend swindle him—I offered to pay him the money, but he would not take it,
he said he would have me in gaol—I banked the money myself, and they gave me the two papers to bring home when I paid it into the bank.
MR. MACKIE. (re-examined). The first was discounted at Falmouth, on 7th December, and on the 23rd the second was presented at the bank.
CATHERINE ASTON . I know nothing of this document—I got a telegram from the prisoner in December—this is it (produced)—I was not examined before the Magistrate—I have seen the prisoner since he has been in town, and ascertained from him that this telegram came from him—(Read: "5th December. From John Williams, Mist, Falmouth, to Miss Kate Aston. Answer back, saying if you received an order, telegraph immediately, don't know destination yet")—I did not answer that, being out at the time—I have never answered it—I did not expect any order—I don't know anything about it, or anything about these bills—my Christian name does not begin with "H," nor is my name Ashton—I have seen the prisoner in London since he left the ship; he said nothing about bills of exchange or this cheque—he said he had an order for me, that he had paid it in Falmouth—I did not take any notice of it—this endorsement is not my writing; I never took it in my hand, I only saw it—I had no expectation of money being sent to me from Mauritius—I knew that an order meant an order for money—I have been keeping company with the prisoner; he has not given me money before—he said he had sent me a telegram, and asked why I had not answered it, and I said I was out at the time; he was anxious to know whether I had received it—he said he had an order for me—it was not sent to me—when I did not answer he went to the Post Office at Falmouth and got it back I believe—5l., was to come by Post Office order.
NOT GUILTY .
MR. LEIGH. conducted the Prosecution.
THOMAS JAMES BOYS . I am an upholsterer, and live at 15, Trevor Square, Brompton—on Saturday evening, 9th January, about 8 o'clock, I was in one of the avenues of the New Meat Market—I felt something, turned round and saw the prisoner, he was looking that way (aside) and performing on my pocket—I looked down immediately, and saw the prisoner snap the bow of my watch off, and he ran away with the watch—I pursued him, and overtook him about forty yards off; some person had stopped him—my watch was afterwards shown to me at the station, in about a quarter of an hour—this is it (produced).
Prisoner. Was there much of a crowd? Witness. Yes, the avenue was blocked up, I could scarcely walk; you managed to run away—I cried out "Stop thief!" and others ran after you as well as me.
Prisoner. Was it not within two or three minutes after I was taken into custody that you came in with the watch? Witness. I can't tell how many minutes it was, but you were in the dock when I got to the station.
Prisoner. I was going through the market when the prosecutor came and
caught hold of me, and said, I had got his watch. I knew nothing about it, I never saw the watch till the witness brought it to the station—I think the prosecutor had had a drop to drink.
T. J. BOYS. re-examined. I saw the watch in the prisoner's hand—I did not lose sight of him at all—I was only two or three yards behind him, he had to struggle in and out of the crowd, and I after him as hard as I could—I was perfectly sober.
GUILTY . **
Seven Years' Penal Servitude.
NEW COURT.—Thursday, January 14th, 1869.
Before Mr. Justice Lush.
221. ELIZA LUMLEY (40), was indicted for bigamy MESSRS. H. S. GIFFARD, Q. C., BESLEY. and GOUGH. conducted the Prosecution; and MR. SERJEANT BALLANTINE. and MR. KEANE, Q. C., with MR. SERJEANT SLEIGH. and MR. W. SLEIGH, the Defence.
PHILIP IIEMERT LE BRETON, ESQ. . I am a barrister at-law, and a native of Jersey—I am familiar with the law of Jersey—I have been examined before Sir James Wilde on the marriage law of the island—it is the fact that before 1836, a register book of marriages was bound to be kept by the law of Jersey—a marriage, without dissent by parents, celebrated by a clergyman in Jersey would be valid at that time, without the parties signing the register—there was an alteration of the law in 1842, by order of her Majesty in Council, and that was the law previous to 1842—this marriage was just previous—it was solemnized by the clergyman, and entered in a book without the signature of the parties—the rector of St. Helier's was my cousin, the Rev. Corbett Hue, Dean of Jersey—he died in 1838.
Cross-examined by MR. SERJEAST BALLATINE. Q. Are you an English barrister? A. Yes—I never was a barrister practising at Jersey—I never was an advocate of the Royal Court of Jersey—I have special reasons for knowing the law of Jersey—I was for some time a special agent for the Appeals to our Privy Council for the States of Jersey, and for the Crown Officers—matters connected with the law of marriage came before me constantly—I have had a matter of this kind before me; I can't say how often—I am not aware of any particular appeal upon this point before 1842, but cases of this kind came before me—there was the general law of Europe as to the restriction as to age—a male of fourteen and a girl of twelve may contract marriage, if there is consensus per verbal de presenti—I am sure of that—I am sure that a female of twelve may contract marriage, but not without consent of her parents, unless the banns are put up in church, and called in the ordinary manner three successive Sundays, under the Order in Council of King James I., which is binding upon the ecclesiastics of the island.
Q. The ecclesiastics were bound to obey what the king had said, but did it govern the law of Jersey? A. That may be a moot point, but at all events, a marriage performed by a clergyman of the Church of England would be a valid marriage—I will not say that a marriage might not be valid, if it was by consent of two parties without the presence of a clergy-man, but certainly with the presence of a clergyman it would.
COURT. Q. Under what circumstances? A. Between two minors, if the banns had been properly published, though their parents did not consent;
but the banns might be forbidden by their guardians—I say, that before 1842, a female of twelve might have contracted marriage, if there were consensus per verba de presenti, without the consent of her parents, if no opposition was offered, if called three times in church by a clergyman of the Church of England.
MR. SERJEANT BALLANTINF. Q. Supposing the banns were published of A. B. and C. D., which a clergyman would read without knowing the age of either? A. If a couple of children were to come to the altar under those conditions, that would be a perfectly valid marriage in Jersey, if no negative was shown; but if the girl wanted a day of twelve, I do not think it would be a valid marriage—I cannot give any instance in which that has been laid down; my opinion is purely speculative—I am not aware of any case in which it has been held valid or contested, the case has not arisen—I should not give an opinion as to handwriting, unless I had seen the genuine writing before; but I give an opinion on a matter which I have never heard of, because the law is known—very few persons in this country are interested in watching the law of Jersey.
MR. GIFFARD. Q. If a marriage between two minors takes place, is that a valid marriage until it is set aside? A. Yes, it must be set aside in the Court of the Dean of Jersey, from which there lies an appeal to the Bishop of Winchester.
MR. GIFFARD. tendered as evidence a certified copy of the Jersey Marriage Register, under 14 & 15 Vic., c. 99, sec. 14, contending that the Register was a public record, and the copy evidence on its bare production, it being signed by the proper officer. MR. SERJEANT BALLANTINE. contended that the 14 & 15 Vic. c. 92, did not apply to Jersey, and that the Register itself, even if produced, might not be admissible as a public document. Although Mr. Le Breton was of a contrary opinion, he was not an expert, in the true sense of that word, and even if he were an expert, he could not lay down that there was a legal obligation to keep a Register, and that a certified copy of it was receivable in Courts of Justice. ("Huet v. Mesurier," Cox's Cases in Equity, p. 275).
COURT. Q. Do you know that in practice they keep a register? A. My father was rector of one of the parishes of Jersey, and it was the usualcustom to keep a register—it was usually kept at the clergyman's house, but he occasionally deposited it in the parish chest, in the church, in the custody of the rector—the books kept by preceding rectors are handed over to their successors.
MR. SERJEANT BALLANTINE. then contended, that the mere fact of a custom to do a thing, did not render the thing done of a public character, and that unless there was a legal obligation to do it, and a legal penalty attached to the non-performance of it, it was not of a public character, it had only the same value as a diary kept by the Judges would possess, invaluable to posterity, but net admissible as evidence in a Court of Justice, because such a book must be kept under a duty to keep it. MR. KEANE, Q. C., on the same side, contended that it teas laid down in the "Institutes," that Jersey is not included in any Art of Parliament, unless it is specially mentioned, and that the 52 Geo. 3rd, c. 146, which imposed on the English clergy the duty of keeping a register, did not apply to Jersey (See also "Daw v. Lloyd, 1 Carrington & Kirwan, p. 275," "Stockbridge v. Quick," 33 Carrington & Kirwan, p. 305," and "Huntly v. Donovan," Q. B. Reports, p. 96.") and further that as the register in question was not kept by the clergyman as a public duty, but only for his own information, and to satisfy his own conscience, it was only the declaration of a deceased
clergyman. MR. GIFFARD. contended that the witness was an expert, and might give evidence of all law; that the law of Jersey required a register to be kept, and even if it did not, the common law principle would make the document evidence. THE COURT. considered that the 14th section the Act did not apply, to any books kept out of England, and that if the rector of St. Heliers had refused to furnish a copy of the register, he could not be compelled to do so. MR. GIFFARD. referred to "Taylor on Evidence, p. 1338," which stated, "The same rule prevails with respect to foreign and colonial registers, admissible only on proof that they are required to be kept by the law of the country to which they belong, or by the law of this country." THE COURT. considered that that applied to approved copies, whereas this was not an approved copy. MR. GIFFARD. stated that he had an examined copy and a witness to it, and called
MR. GIFFARD. proposed to ask Mr. Le Breton whether the original registers were ever allowed to leave the island; but the COURT. held that Mr. Le Breton could not prove that, and proposed to admit the document, reserving the point if it became necessary. MR. SERJEANT BALLANTINE. then submitted that the examined copy could not be read without its influencing the minds of the Jury. THE COURT, having consulted MR. JUSTICE KEATING, considered that MR. GIFFARD. must tender then or not at all, and MR. GIFFARD. having tendered it, THE COURT. admitted it, subject to a point reserved. It was translated by Mr. Le Breton as follows:—"M. Victor Alexandre, born at Versailles, and Mlle. Elizabeth Wright Haines, born at Portsmouth, married Jan. 10, 1836, by me, C. Hue, Rector. Parish of St. Heliers, Jersey."
HARRIETT BREWER . I am the prisoner's younger sister—I do not know how much older she is than me—I do not know exactly how old I am, but I think I am about 39 or 40—I lived at one time at St. Heliers, in Jersey—the rest of my family resided there—I knew M. Alexandre Victor—my sister lived with me and my father a short time in St. Heliers, but I cannot recollect exactly—I remember her living with Alexandre Victor as man and wife—I was not present when they purported to be married, and do not know when they were married—I do not recollect where Victor lived before he was married—when this reputed marriage took place I believe I was six or seven years old—I do not remember how long they lived together—I visited them in Bristol—they kept a school there—my earliest recollection of them is at Ciifton, I do not remember much about them before that—of course I knew they were in Jersey, but I have not such a good recollection of them in Jersey as at Ciifton—I recollect them living together as man and wife at Jersey—I was on a visit to them at Clifton, I should think for about a year or two—they kept a school there, and he was a professor, a teacher of languages—I last saw him, I think, about 1839 or 1840; I really cannot recollect exactly—I was then at Bristol—I mean the same thing by Bristol and Clifton—I have no recollection of his being taken to prison for a debt—I think I heard that he was teaching at Dr. Stone's, but not from him, I think—I knew Mrs. Wegner, near Bristol, she lived in my sister's house a short time—I do not know whether they were in partnership.
Cross-examined by MR. SERJEANT BALLANTINE. Q. Your father, I believe, has been in the navy? A. Yes; he lives at Plymouth now—I have no recollection of my sister going anywhere, as if to be married, or of any ceremony at all—she was, I believe, very young at the time—Victor was
teaching languages in Jersey—after my sister had lived some time with him I remember her being taken away from him by my mother's directions, and she went back to my father and mother in Jersey—that was after I saw them in Clifton—I did not know so many of the circumstances at that time—I am married now and have a large family of children—I did not afterwards see my sister at home with my father and mother in Jersey, I have never been in Jersey since—I saw my sister afterwards, before she married Lumley—she was living in her maiden name, in various places, for many years before she married Lumley—I knew Major Lumley, but did not know him before he married her—I was afterwards in the constant habit of visiting him—I have understood since that he was aware that I knew that a ceremony had been performed previously—I do not know it from him—that is him sitting there—my sister had no children—my sister and I have conversed on the subject of a ceremony that took place in Jersey with the man who went by the name of Alexandre Victor at Clifton—I never knew him go by any other name—my sister's name is Eliza, I never heard any other Christian name—there was abundant reason, independently of the validity of the marriage, for my mother taking my sister away—I have heard that Victor's real name was Andrew Valois, and that he was a forceur, a branded felon—I never heard so from him—he was a master of languages in Jersey, and there my sister had the misfortune to meet him when she was a mere child—she re-assumed her maiden name immediately she found the marriage was illegal, about 1840 or 1842—I always understood that my sister's name is Elisa, and not Elisabeth—I cannot swear to this "Elizabeth Haines" in this book, and I do not believe it to be hers; it is very unlike what she writes now—I do not think it is her writing—I do not know any of the writing—I do not recognise this as her writing, and pledge my oath that I do not believe it to be hers.
MARGARET GRAY . I am a widow, and live at Redruth, Cornwall—about 1835 or 1836 I was living with my mother and sisters at St. Heliers, Jersey—I lived there till my marriage in 1845—I there became acquainted with the family of the Haines's; the defendant is one of the daughters of that family; there were several daughters and one son—the daughters were Eliza, Sarah, Caroline, Charlotte, Harriett, and Geergiana—the defendant is Eliza, the eldest child; she was a school girl when I first knew her—she is older than me; but I was a school girl at the time of her marriage; she was very young—I knew Mr. Haines and his family, living in several different streets in Jersey—I never knew the defendant as Eliza Haines; she was introduced to me as Madame Victor—M. Victor was my French master—I saw him and her from time to time together in Jersey, and at Mr. Haines' house with the other members of the family—I recognize Harriett Haines as Mrs. Brewer, who has been called as a witness; she was then living with her family at the time—Georgians was a little child; I cannot tell you exactly how old she was—both Harriett and Georgians were little; but Georgians was the youngest—the son was older than Harriett or Georgiana, but I do not know his age with regard to the others—M. and Madame Victor lived at times with the Haines's, and at times they lived in a house of their own—they continued to live on friendly terms with the family of the Haines's—I cannot fix the date of M. and Madame Victor leaving the island, but I know it was quite sudden and momentary, and quite unexpected by everybody—M. Victor gave me lessons twice a week, I think—I was not a pupil of his at the exact period he left the island; but,
of course, he ceased to give lessons when he left the island—I saw the defendant in Jersey after Victor left, and previous to my leaving Jersey—I know that she left the island with him, and she returned alone; she was brought home by a relative of her family—she corresponded with me occasionally while she was away—I have not preserved one of her letters—she styled herself Eliza Victor—I answered the letters—I think they were at Bristol or Clifton, I cannot tell you exactly—I married in 1845, and left Jersey; she had returned to Jersey with a relation before that—her letters spread over some years; at long intervals we corresponded ever since—she was away from Jersey a few years, I cannot remember exactly; it was three or four years after her return that I married and left the island, I cannot tell exactly—the writing at the foot of this page (the Register) is not at all like her writing—the letters I received are so long ago, but I do not think this is her signature; still it may be, I cannot say; but I believe that it is not—there may be some resemblance—I did not leave the defendant in the island after my marriage—she left before I did—she remained a little while before she returned with a relative; I cannot remember how long—after she went from the island I still got letters from her—I have not preserved them—she signed herself Eliza Haines—I do not know that I received any information from her why she changed her name—I did from her mother; I knew from her that she had separated from Victor—I heard from her that Victor had married her under an assumed name, and that he was a French convict—her mother spoke of a dissolution of the marriage, and the defendant said that they had separated—I saw her and Lumley together in 1850, or 1851, or 1852, or 1853—they visited me at Redruth, in Cornwall; but the first time Mrs. Lumley visited me alone, and afterwards he visited me, and I visited them at Truro—it was after her mother's return from France that I heard of the marriage being in a wrong name; it was before my wedding, which was in 1845—I knew Victor by sight, and I know Major Lumley; they are different persons, I should think—I am forty-eight years old.
Cross-examined by MR. SERJEANT BALLANTINE. Q. Victor is a French forceur? A. Yes—whatever Mr. Lumley was in England, Victor was only a felon in France—the defendant told me that it was not a legal marriage—her mother did not bring her home, but on her return from France she sent and brought her daughter home, and from that time up to the time of her marriage with Lumley she lived as a single woman, in her maiden name—she mentioned a reason that would have prevented it being a marriage at all; she said that Victor was in that position, and there were no children.
MARY WEGNER . I am widow of a solicitor, and live at Wootton-under-Edge—in 1837 I kept a boarding school at Thornbury, near Bristol, and employed a French master, named Alexandre Victor—I believe him to have been married; he introduced a lady as his wife, that was the prisoner—Victor afterwards entered into partnership with me, and the prisoner took part in the school—they lived together—the partnership lasted about five quarters, to the best of my recollection—I think it ended at the beginning of 1811, or 1842, 1841, I think—I do not know where Victor resided after the termination of the partnership, or how long he remained at Bristol or Thornbury—I think I should remember Madame Victor's writing if I saw it (looking at the Register)—to the best of my recollection this is it, in the corner of this look—I never saw this before.
Cross-examined by MR. SEEJEANT BALLANTINE. Q. How came you and the
lady to separate? A. The school did not answer—I have seen Major Lumley, and spoken to him—I have not seen any of the prisoner's writing since we separated.
MARY ANN OLIVER . I am a widow, and live at Clifton—some years ago I became acquainted with a person named Victor, a French teacher; it was about 1842—I know the defendant—I became acquainted with her, it may have been in 1841—I lived in the same house with Madame Victor, at one time—her husband taught at Dr. Stone's—I have been there with her—I remember going with her to the gaol at Bristol, and seeing the governor—I am not sure I went inside—she left me, and went in—they were lodging in the same house with me at that time—but Victor was not living at home, he was in gaol—I was not in the gaol—he was absent from home, perhaps some weeks—he afterwards returned, and there is no doubt whore he had been—I went with the prisoner to the gaol—I can't say that she said why she was going there, but the fact is most positive that she knew it—they did not leave Clifton until after Dr. Stone's examination, after the June holidays, 1842, after the rehearsals—I did not see the prisoner and Victor together after they left Clifton, but I saw Victor alone in 1847, in Brighton, and had a conversation with him there—he was the same person that I had known in Clifton—I have no remembrance of seeing the prisoner after June or July, 1842, when she left Clifton—I can fix the exact date of seeing Victor at Brighton, by undeniable proof—I was there on 9th July, and slept at the Rev. Samuel Hardy's.
COURT. Q. Was that on the same day that you saw Victor? A. No, but I happen to have a book in my possession, given me by the Rev. James Farrar on that visit; he gave it me on the 13th July.
MR. BASLEY. Q. In 1847, were you living at Brighton? A. No; I was living at Clifton—it was on 5th July, 1847, that I saw Victor—I only visited them once in 1847—I arrived on Wednesday, 10th, and left on Saturday—from Brighton I went to Richmond College, in Sussex; that is the way I am enabled to state the month and the day when I saw Victor.
Cross-examined by MR. SERJEANT BALLANTINE. Q. You went to stay with the Rev. Mr. Somebody, and you got a book from another Rev. Mr. Somebody? A. Yes; the book is not here, it is at Clifton—I did not bring it, because I was brought here from Gloucester—I could not have sent for it; suppose I did not choose to trust my keys—that was not the reason I did not send for it—I know Mr. Matthews, who conducts this prosecution—I left Clifton for Gloucester; I was taken ill there, and was under medical treatment, and I came from Gloucester here without the book—I offered to Mr. Matthews to go and fetch the book last Monday—he had seen it—it was not by his advice that I did not bring it—I do not know whether it was convenient for him to go or snot—the book is not one that would interest you; it was from the Rev. J. Farrer, as a token of his esteem—there is a date in the book—Mr. Matthews knew that—I offered to go and fetch it, but I don't know what Mr. Matthews said to that—I think he said the book was thought needful, that it would be a very important document—that was not the reason I left it behind; my health was not sufficient to let me go for it—I was not obliged to fetch it, but for the ends of justice I would have done so—Mr. Matthews said what I have told you—when I am driven to it, I will strain a point to do a thing—I can't go into the why and the wherefore of what Mr. Matthews said; he said he was sorry I had not brought it; he expressed his regret that I had not—he did it in perfectly polite terms—I
can't tell you what I said when he expressed his regret; I did not consider the subject of sufficient importance—I would do anything that was right—it is utterly impossible I can say everything that was said this way, that way, and the other way—when he expressed his regret, we were at the British Museum Temperance Hotel—he does not live there now; I was staying there, too—I have repeated three times that I offered to go, and I will not do it again—Mr. Matthews expressed his regret—it was not in consequence of anything he said that I did not go—I don't know what he said—I can't give you the words—I told you I was not in a state of health to go, and he said he did not wish me to go, he did not think I was fit to go—why he did not go himself is his business—I have not said that I keep a diary, in which I enter everything—I kept a register once—I did not swear before the Magistrate that I had kept a register from 1837—I said that I had a register of 1849—I did not swear at the Police Court that I kept a register carefully—I did not say carefully—I did not say that I kept a register carefully from 1837 to 1849, but that I did not keep it so carefully now—if they entered it in that way they entered it wrong—I said I could produce a register; he said he would compel me to bring it—I said "It will not interest you, it is only mere temporal matters;" that is bread and cheese questions, and pounds shillings and pence.
Q. Did not you swear before the Magistrate that you had seen Victor in 1848? A. I said it depended upon a letter I handed to the Court—I went home and sorted through my writing desk, and found a letter which will bear me out; it was an invitation to go there, and I found it was in 1847—I did produce a letter—I can explain the matter if you will allow me—I was asked what time I went from Brighton; I could not remember, my head is not an almanack—I sorted my writing desk, and found a letter dated June, 1848, where they invited me to come and stay some time at Richmond with them—I had another letter, dated 1847, October 14, I think it was the 14th, which said, "When will you pop in upon us as you promised to do"—if I have not got that letter about me, it is at the Museum Hotel—I have not got it, I showed it to Mr. Matthews—I don't know whether he considered it important—I last saw it yesterday; I actually looked at it yesterday and left it at home, and a lot of others with it.
MR. BESLEY. Q. You have been asked about a letter that you had at the Police Court—you did not see it after you went there? A. No—that was the letter that led me into the error about 1848—since I was at the Police Court, I have searched and made inquiries about the time—I arrived in London last Saturday night—I had 100l., bond to appear at the trial—I have only known Mr. Matthews since this trial—it is impossible to say how often I have seen him—I went home after I was here last time—I left Bristol on 19th December—I had not seen Mr. Matthews between 19th December and last Saturday—I did not know until I came to London that the book would be inquired for at all—my health was not fit to travel, but in a case like this I would have done so—I was Cross-examined at the Police Court in reference to the Register, which refers to persons and things, to religious matters—I told the Counsel at the Police Court that there was no entry in it about this matter, but that it was a religious book that I kept—the prisoner was with me at Bristol some months—they lived at Bristol two years—they taught French to my sister's boys, and they afterwards lived at my house six months or more—my sister's sons were at school at Dr. Stone's, their name is Stock—the defendant did not state to me what her maiden
name was, only on the occasion when she went to the gaol—she said it was Eliza Wright Haines, I do not think I had heard her second name "Wright" more than once.
CAPTAIN JAMES ANTHONY GARDINER . I am governor of Bristol Gaol—I have held that position since 1838—I was governor of the prison in 1842—I find in my book an entry on January 3, 1842, of the name of Victor; he came in for a debt of 15l., 2s. and 4s. 6d. costs—I find in another book an entry with regard to the same person, January 20, 1842, and I have a recollection of the circumstance besides what I see here—I spoke of it before I looked at my book—Victor was brought in on January 3rd, and did not go out again, as on 20th January a detainer was lodged, and he remained till March 17, when he was discharged by the Court for the Relief of Insolvent Debtors—Madame Victor came to see him—I see her now; the defendant is the person—I do not remember whether she produced any document for my inspection—she came several times; we should not have admitted her unless she had stated who she was—of course I knew before that she was Madame Victor, but I did not know her personally.
DR. JOHN STONE . I have been master of a classical and mathematical school about fifty-six years—I remember the boy named Stock, nephew of Mrs. Oliver, being in my school—I employed a French master named Victor for many years—I have seen a person represented to be his wife—I do not remember seeing her since—Victor ceased to give lessons about 1840, or thereabouts; he was in prison, and while there, wrote to me to beg that I would not employ another French master till he came out—I kept it open, and after he came out he returned to his duties—I remember leaving Summer Hill, which is about two and a half miles from Bristol, and changing my residence to Bristol—I cannot fix the date when the Stocks were there—Victor ceased to teach about Midsummer, 1843; he had taught at my school four or five years—I saw him again about 1859; I was then living at Stokes Cross Road, Bristol, No. 17—I went to that house in Michaelmas, 1856—I went out of it at Michaelmas, 1860; he came home during that interval—I spoke to him, and know that he was the same man—he wished to have a bed in my house; I fix the date in that way.
Cross-examined by MR. SERJEANT BALLANTINE. Q. Just show me that paper (a bill)—do you know Mr. Matthews? A. Yes; I got acquainted with him, I think, it was some time last year—he came to me to inquire if I knew anything about M. Victor—I may have seen him five or six times respecting it—I am at the Temperance Hotel with him now, but not with Major Lumley—I have seen Major Lumley several times; he called at the Temperance Hotel once—I have talked a good deal to Mr. Matthews in Major Lumley's presence—I have heard that there was a settlement on the prisoner, and I heard at Marlborough Street that he wanted to get rid of it—I cannot recollect how he came to mention it; he was only speaking of his generosity in what he had done—I do not recollect how the thing was introduced to my notice, but I heard both Lumley and Matthews speak of it—Matthews showed me a photograph, I do not know of whom—I was asked if I could recognize it, and I said, "No"—I think I was asked if I knew it as the photograph of Madame Victor—I have not a doubt of it—it was shown to me to see if I could recognize it—I had seen her originally when Victor taught at my school—here is on this bit of paper, "Dr. Stone to Chas. King," that refers to a partition I took down, to throw a back bed-room and drawing-room together, and make an additional school-room of
the two, as my number of boys increased, and you see this bill fixes the date as 1858—I know that Victor's call was after that, as he wanted to come to my house and have a bed-room, for which he would teach French in my school if he had permission to go out and teach French—I said that it was impossible, on account of converting that room into a school-room.
MR. BESLEY. You came up as a witness on a former occasion, and came to the Marlborough Street Police Court? A. Yes—I came up last Saturday, not with Mr. Matthews; my niece came with me—I heard a settlement mentioned which Major Lumley had made, and it was called "post nuptual settlement";—I had heard Major Lumley's name before coming to town, but I had not seen him—I have been dragged up here three times, at great inconvenience at my time of life—I am nearly eighty-three years of age.
WILLIAM BROWNING LUMLEY . I am a captain in Her Majesty's Indian retired list, on half pay—this is my signature to this register of marriage—I saw the prisoner write this signature, "Elizabeth Haines"—the marriage was solemnized in the parish church of Hampstead, on 9th July 1847—I had been in England about two years before that—I had known her about six weeks before I married her—I met her first at my aunt's house, at Hammersmith—I saw her very often during the six weeks—she bore the name of Miss Haines—she is described in the register as a spinster—the question was never mentioned by me to her as to any previous marriage—she never mentioned the name of Victor to me, nor did any of her family—I knew the members of her family very well indeed after our marriage, previously I never saw any of them—I saw her sisters constantly; I know their names very well—the prisoner is the eldest, she was called Eliza; the next was Sarah, who is still unmarried; the third, Caroline, is dead; the fourth, Charlotte, went to Australia; the fifth, Harriett, married John Brewer; and the sixth, Georgiana, is now Mrs. William Brewer, and there was a son called Tom Haines, I think—he was the same age as Harriett, we have his baptismal certificate here, he was born in 1822—the first I heard of a previous marriage was a rumour propagated by a relative of mine, Lady Lewis, at Boulogne, in the autumn of 1863—I was then living with the defendant, and had lived with her from the time of our marriage—I continued to live with her after I heard that rumour, for a short time—not a word was mentioned about the previous marriage between that time and the time of my first separating from her—I heard the scandal in the autumn of 1863, and instituted proceedings against Lady Lewis—I did not believe it—I employed Mr. Keane, a solicitor, in the matter—nothing further happened, but we separated on 11th March, 1864, finally, as it were; I had been away a short time previous—I heard of the previous marriage again, about two years later—the settlement was made on 11th March, 1864—we did not separate on account of this rumour; I disbelieved it—I first saw the Jersey certificate last September—up to that time I was not aware of the existence of any legal proof of marriage, but I had collected what I considered a great deal of evidence during the two years—(The certificate was read, and certified the marriage of William Browning Lumley, bachelor, and Elizabeth Haines, spinster, on 9th July, 1847, at St. John's, Hampstead.)
Cross-examined. by Mr. SERJEANT BALLANTINE. Q. In 1863 you say you heard at Boulogne, from Lady Lewis, a report that the lady you had married had been married before? A. Yes—I think it was in October or November, but I must have a little license about a week or two—the date of the post nuptial settlement is 11th March, 1864, that was the March subsequent to my
hearing this report—I compounded with my creditors on 10th December, 1867, and again on 1st May, 1868, as far as I can remember the exact dates—I filed a bill in Chancery against both the trustees of the defendant, to set aside the deed, alleging want of notice of the previous marriage—I did not say that Lady Lewis mentioned these matters to me; she never said a word to me on the subject; she propagatd the scandal, which I resented—I never held the smallest communication with her from that time to this—she is a relative of mine—the first person who mentioned it was Mrs. Crow, a friend of mine—she said that it had been propogated by Lady Lewis—I don't know that Lady Lewis has been examined in the answer to the Chancery suit—I do not know that she has made an affidavit; I have allowed that she denies it, and alleges that I told her—she infers it—she is not one of the persons to whom I made an offer of marriage—I never made any other person an offer of marriage—I never heard that she said so, and if she did it is false—I did not make her an offer, nor did she say that I was married, nor did I say that that was nothing—I did not go away from Boulogne for four months, I did for ten days—I went alone—somebody met me, not Lady Lewis.
COURT. Q. Do you say you lived at Boulogne four months after you heard of this? A. Yes.
MR. SERGEANT BALLANTINE. Q. You made no inquiries of the person you believed to be your wife? A. Yes. We had many serious conferences about it, before that deed was executed—I considered that she had entirely exculpated herself—you have no right to ask who I went away from Boulogne with; my Lord will decide whether you have a right to drag in the name of another person; but I will say this, I did meet another lady—I mean I cohabited with another lady during the four months preceding the postnuptial settlement—my head quarters were then at Boulogne—I occasionally crossed over to London—that was at a time when I had perfect confidence in my wife.
Q. And the way in which you exhibited it was to go away four or fire days at a time, and live with another woman? A. Just so—I did not take a house for her then—I think I took it after March, 1864—I think the lease is here—it was 23, Kildare Gardens, Westbourne Park, or, suppose I took it for myself—she lived with me there under my name—she was not living with me in London under my name while the prisoner was living at Boulogne—she was not living in the name of Lumley till she came to live with me, and that was after the settlement—I can't say exactly whether that was the day before or the day after the settlement—I was not cohabiting with her as early as March, 1863, or April—I will swear I was not cohabiting with her in May, 1863—I first made her acquaintance, in the sense you speak of, towards the end of the autumn of 1863—I did not take her to Mrs. Amphlett's as my wife, or to Mr. Amphlett's—I do not think I saw him in her presence, but I will not swear I did not; I should have done so if he had asked me; she bore my name, and I should have introduced her to any casual stranger as Mrs. Lumley—I may have said to Mr. Brewer that I had married her, to cover the imputation that rested on her character; he is in Court, and will tell you—I certainly should have said so if he had asked me—I did not tell the prisoner that I had married this girl—I don't think I did; I don't think I should, but I covered her reputation with my name, which is a very common course in this country; it is very commonly done, I believe—I do not believe I did tell my wife that I had married her, although,
for the reason I have already stated, namely, that under a pressure, I should have done that to her, or to anybody else—this (produced) is a portion of a letter, and this seemingly is the rest of it—it is my writing—the date is February 2nd, 1864—the 1864 is not there, but I can see it must have been there—the date of the post-nuptial settlement is 11th March, and I left her about three weeks before—I left Boulogne about ten days or a fortnight before, but I cannot say exactly to these dates—I never returned to her after the settlement—I left her at Boulogne alone, at the Hotel du Nord, about the period I mention, a fortnight or a month before the post-nuptial settlement—I did not tell her I was going to leave her—I came to London direct from her to this very person you allude to—it is possible that I told my wife I was coming back in three or four days; I cannot say.
MR. BESLEY. Q. You say that she exculpated herself fully at the time about the rumour propagated by Lady Lewis? A. Yes, she treated it with derision and thorough contempt—Lady Lewis propagated a rumour that she had been married before, and Mrs. Crow called in a friendly manner, and said that there was a nasty rumour going about, and we determined to prosecute Lady Lewis; and I crossed over to England—no person's name was mentioned who she had named, but Lady Lewis said, "I will undertake that four or five people will say so," that she had been previously married when she married me—when her attention was called to that she treated it with scorn, and treated Lady Lewis as a well-known scandal-monger—she did not assent to the truth of it in any way; she denied it utterly; but I was so irritated at it that I determined to make an example of Lady Lewis, and crossed over to England for the purpose—the name of Victor was never even passed for two years afterwards, either by her or her family, or friends.
MR. SERJEANT BAI. LANTINE . submitted that the evidence of Dr. Stone and Mrs. Oliver was not to be, relied upon, and therefore there was no proof that Victor was alive at the time the prisoner married the prosecutor. THE COURT. left it to the Jury to say whether they believed the evidence of Dr. Stone and Mrs. Oliver, but directed them, that in the fact of the prisoner describing herself as a spinster there was some evidence that Victor was alive when she married the prosecutor, coupled, as it was, with her seeing Victor in gaol at Bristol in March, 1862.
The Jury stated that they had arrived at their verdict on the evidence of the gaoler, and that they were not unanimous upon the evidence of Dr. Stone and Mrs. Oliver.
Points reserved: First, whether the first marriage was sufficiently proved; second, whether the examined copy of the register was properly admitted; and, third, whether the evidence of Mr. Le Breton afforded sufficient evidence of the law of Jersey.— To enter into recognizances to appear and receive judgment at the next Sessions.
THIRD COURT.—Thursday, January 14th, 1869.
Before Robert Malcolm Kerr, Esq.
In this case the Jury being unable to agree, they were discharged without giving a verdict, and the case postponed till next Session.
FOURTH COURT.—Thursday, January 14th, 1869.
Before Mr. Recorder.
MR. BRINDLET. conducted the Prosecution.
ROBERT BIRKETT . I am a stationer, at 27, Norton Folgate—on 3rd January, about 11 o'clock, I was walking in High Street, Shoreditch, with my two sons, twelve and fourteen years of age, one on each side—I was pushed at the back of the neck on to my knees and face—I can't remember what happened after that, I was so excited and shaken—I had a purse in my left trousers' pocket, with 19s. 11d. in it, in silver and copper—I saw it at the station afterwards produced by a policeman—this is it—I did not see the prisoner—I was so injured, and my knees hurt so much, that I was quite insensible.
Prisoner. I don't know what I am here for; I will swear I am innocent.
CHARLES ROYDEN . (Policeman G 109). I was on duty on this night in High Street, Shoreditch—I saw the prosecutor walking along with two boys—I saw the prisoner there with two or three more—he pushed up against the prosecutor and knocked him down—I ran to his assistance, and seized the prisoner's hand, with the purse in it; he was in a stooping position—I said, "What have you got here?"—he made no reply, but struggled to get away—his companions ran off before I got up—I took him to the station.
Prisoner. When you came up and asked what I had in my hand, I said, "Nothing"—you turned round to the other boy, and snatched the purse from his hand. Witness. There were no other boys near at the time; they had run away—I put the purse in my pocket after I took it from your hand.
Prisoner's Defence. I can get a good character from Spiers & Pond; I was at work for them. I should not want to take the things when I can get work.
GUILTY .— Twelve Months' Imprisonment.
MR. PATER. conducted the Prosecution; MR. CUNNINGHAM. defended Meyers, and MR. DAVIN. defended Stephens.
RICHARD STOREY . I am carman to Mr. Walter Hartley, 63, Lower Thames Street—on 23rd November, about 4.30, in consequence of instructions, I went to a Mr. Beazley, at 3, Spicer Street, Spitalfields, and received from him seven bags of cochineal—I then went to Mr. Pressey's warehouse, at White's Row, Spitalfields, and obtained seven more bags—I had finished loading the van about 6 o'clock in the evening—I was going to take the load to Fresh Wharf—on my way there, I stopped at the Star coffee-shop, in Leman Street; I left the van outside, in charge of a boy—I went out a short time after, and found the cart and contents gone—the boy I had left with the cart was a stranger to me—I did not hear of the van till 11 o'clock the same night; Mr. Hartley's name was on it.
Cross-examined by MR. CUNNINGHAM. Q. Was the boy there when you went out? A. No; he had gone as well as the cart.
ELIA ROLPE . I live at 3, Spicer Street, Spitalfields, and am in the employ of Mr. Beazley, a cochineal dealer—on 23rd of November, I delivered seven bags of cochineal to the carman of Mr. Hartley—I have the delivery order here.
WALTER LIEBERT . I live at 8, White's Row, Spitalfields, and am in the service of Mr. Arthur Pressey, a cochineal dealer—on 23rd November, I delivered seven bags of cochineal to the carman of Mr. Hartley.
JAMES SELLS . (Policeman K 542). I found a horse and cart in the Leyton Road, about 11 o'clock, on 23rd November last—there was nothing in it but a few empty sacks and a ladder—the name of Mr. Hartley was on the cart, and it was afterwards identified as his property.
WALTER HARTLEY . I am a master carman, and carry on business at 63, Lower Thames Street—Storey was in my service on 23rd November last—he had to get cochineal at two places—I saw the cart and horse in charge of the police, and drove it home myself—it was my property.
ARNOLD HALL . I live at 15, Morpeth Terrace, South Hackney—I am employed in the firm of Boor and Co., chemists, I, Artillery Lane, Bishops-gate Street, as a warehouseman—I have known Meyers and Jefferies about three or four years—on 3rd December, Meyers called on me, about 11 o'clock in the morning—he asked if I had hoard of the cochineal robbery—I said I had—he asked me if I could sell some for him—I said I might do if I had a sample—he said he would get me a sample, and I could have the whole twenty-four bags—he went away, and afterwards returned with a sample—he asked me 2s. 3d. a pound for it—I agreed to give him 2s.—he said I could have the bags on the following day—I said I should only have one bag to go on with—he wanted to know why I could not have it all—I made an appointment to meet him at a beer-shop in Whitechapel, at 7 o'clock the next evening—before the time of the appointment I saw Stephens with Meyers in Bishopsgate Street—I met them in a public-house, at the corner of New Road, and they said I could have a bag in the evening at 7 o'clock—I had seen Jefferies in the meantime in Artillery Lane, and he offered me a sample of the same stuff—that was on the 3rd—he was alone—he wanted 2s. 4d. a pound for it—he said he had twenty-four bags to dispose of—I said I should like to see it, and I would buy the lot, and he said I could have it—I told him I would give him 2s. a pound—he said he could not take that, but he would see me, and he saw me with the other prisoners the next day—I met them all three together at 7 o'clock on the evening of the 4th, at the beershop, and they took me to 30, Mount Street, Whitechapel, to look at a bag of cochineal, which Meyers said would weigh 1 cwt. 1 qr. 14lbs.—I bought the bag, and gave them 3l., on account when I fetched the bag away on the Saturday—I promised to fetch it between 9 and 10 o'clock next morning, but I did not till the afternoon—Meyers came to know why I did not fetch it away, and I said I would fetch it in the afternoon, and would meet them near Petticoat Lane—I went about 3.15, and saw Jefferies—he said Meyers had gone to look for me—I said he had better go and fetch him—he went, and came back with Meyers—I gave him two sovereigns and a pound's worth of coppers—Jefferies was present, and Meyers gave him 5s.—he did not say what it was for—I had sent for the bag before—Meyers said I could have the remainder of it, and he would see me on Monday, at 11 o'clock, at the White Hart, Bishopsgate Street—I kept the appointment and saw Meyers—he said he would meet me again between 1 and 2, and make an arrangement to take me to see the whole lot—I saw him at 2
o'clock, with Stephens—Meyers said he had seen the man about it, and I could not see the lot, but I could have it two bags at a time—I wanted to know why I could not see it, and Stephens produced a key and said, "This will unlock the lot of it"—I did not see the bulk—Meyers asked for more money, and I said I would have the bulk, and pay for it with a cheque—I met them two or three times the following day, at a public house in Bishopsgate Street—I saw Stephens and Meyers about 11 o'clock, they both said they wanted some more money—I said I could not give them any without I had the stuff—I gave a half crown to Meyers, because they said they had no money—I met them several times between that and the 9th, when I gave them 7l.,—I gave it to Meyers—they were all three together—I was to have two bags on the following day, and two the day after—that would make five bags—this key (produced) was the one that Stephens showed to me—they did not show me the bulk at any time—I had communicated with the police before I received the sample—on 24th November, the day after the cochineal was stolen, Smart the detective called upon me, but I did not see Meyers till the 3rd December—I was acting throughout under the directions of the police—they saw me every time—I don't know that Smart was aware that I was acquainted with Meyers.
Cross-examined by MR. CUNNINGHAM. Q. Am I to understand that he made you a confidante about stealing the cochineal? A. He asked me if I had heard of the robbery, and I said I had; and he said he would let me have the whole twenty-four bags—I stated that before the Magistrate on the first occasion, but there was nothing taken down in writing—I acted under the direction of the police the whole time—Meyers was the man I saw first—Stephens produced the key, and said it would unlock the whole—they did not give me the key—I received it from the Police.
Cross-examined by MR. DAVIN. Q. What is your position? A. I am warehouseman to Boor & Co.—I call myself a porter sometimes—I knew Meyers and Jefferies before, but not Stephens—I had a pound or two of tea of them sometimes—I saw Stephens first in a public-house with Meyers—Stephens never said a word about having the money—Meyers was the seller—I never gave Stephens any money—when I met them in a public-house again, Stephens said I could not see the bulk of the cochineal, and said, "This is the key that would unlock the lot"—Meyers and Stephens both asked for money on the following day—I said that before the Magistrate—they spoke one after the other—that was at the White Hart—I heard of the robbery on 24th November, from Smart—he said there were twenty-four bags of cochineal stolen the night before, and if I heard anything about it I was to let him know—I knew Smart years before—I have been in the force with him—I will swear he said there were twenty-four bags stolen—I never saw the whole of them—I never saw but one, to my knowledge.
Jefferies. I did not offer you twenty-four bags—I never had a sample, therefore I could not give it to you.
MR. PATER. Q. How long have you been at your present situation? A. Seven years come March—Meyers did not tell me that he had been offered a sample of cochineal—I believe he said so at the Police Court.
THOMAS SMART . (City Detective). On 24th November, I made a communication to the last witness, and went to several other places as well—on the afternoon, 3rd December, I received a sample of cochineal from him, and he pointed out Meyers to me—he has been acting under my instructions throughout all the proceedings; and during the time he was dealing with
the prisoners, I and another officer, named Forster, saw all that took place—on 4th December, about 7 o'clock, I went with Forster to the corner of the New Road, and saw Meyers and Stephens and Hall there, and another person—they went into a public-house for a short time, then left and went to 30, Mount Street, about 100 yards off—Hall went in with them and remained there about twenty minutes—they then went together to another public-house in Whitechapel, called the Royal Oak—they came out and separated—Meyers, Stephens, and the other man went one way, and Hall went another—from that time up to the 10th, I saw Meyers and Stephens together daily—on the 10th December, in company with Sergeant Kenwood and Forster, I saw Meyers in Whitechapel—Kenwood spoke to him first—I went up, and Kenwood said, "We want you, Meyers, for being concerned in dealing with some cochineal"—he said, "I know nothing about it"—I immediately said, "I do, you and a man named Stephens have been selling some portion of it, and now is your time to give an explanation, or you will be charged with receiving it," and I believe I mentioned Hall's name to him as the person to whom he had sold some of it—he said, "I know nothing about it"—I said, "I am positive that you do"—he said, "We will go and find Stephens, and perhaps he can give some explanation"—I said, "Very well"—we went to a public-house in Prescott Street and saw Stephens—Kenwood called him out—Meyers was with me at the time—he took me by the hand and said, "I will be a man; I did purchase some cochineal, and I sold some, but I know nothing about the remainder"—I said I did not believe his statement, and I should take him into custody—Kenwood took Stephens—I afterwards went with Kenwood and Forster to 2, Chambers Street—I had seen Stephens go in and out there—I then went to 30, Mount Street, where I saw Kenwood find two samples—Forster went and took Jefferies into custody, while we were searching the house, and brought him there—this key was taken from Stephens by the officer who searched him.
GEORGE FORSTER . (Policeman H 207). I have been acting in conjunction with Smart—I was with him on 4th December, about 7 o'clock, at the corner of the New Road, Whitechapel, watching the three men and Hall—they went to 30, Mount Street, and then to the Whitechapel Road—I saw Meyers and Jefferies together the next day, at the corner of Gladstone Street, at 3 o'clock, with Hall—on 10th December, I was with Smart and Kenwood when Meyers was taken—I went with them to Prescott Street, and was present when Stephens was called out of the public-house—I searched Stephens at the station and he produced 2l., 5s. 11d. and this key, from his right hand coat pocket—I said, "That is a little latch key"—he said, "It is the key of the door 18 Wilmot Street, Bethnal Green Road, where I live"—I have tried the key there, but it does not fit, and he is not known there at all—I went with Kenwood and Dunnaway to Jefferies house on the 11th—I said I should take him for stealing twenty-four bags of cochineal—he said he knew nothing about it—on the 10th December, I went with Kenwood to Assembly Passage, Mile-end Road, and saw him unlock the door of the stable there with the key I had taken from Stephens—the stable was empty but there was some mouldy cochineal on the floor—I produce a sample of the cochineal that was in the bag purchased by Hall.
Cross-examined by MR. CUNNINGHAM. Was the cochineal on the floor in large quantities? A. No—it seemed as if it had been split in shifting from one bag to another.
Cross-examined by MR. DAVIN. Q. Did you notice whether the lock on the door at Wilmot Street had been changed? A. I did—it has not been changed since the door has been painted—I should think it had been painted two or three years—it was a very large lock on the stable door.
ROBERT SAVAGE . I live at 52, Brick Lane, Spitalfields, and am an auctioneer—I let Meyers a stable and coachhouse in Assembly Passage, Mile End—he took it by the month—this is the key that I gave him when he took possession—it is in the same state now.
JOHN HENRY CAVAGE . I am an East India and Colonial Broker, and carry on business at 11, Great Tower Street—in November last I was employed for the sale of twenty-four bags of cochineal—I produce two delivery orders, one is for seven bags from Mr. Beazley, Spicer Street, to deliver to Messrs. Cavage & Co.; the other is written by one of our clerks, to deliver to Hartley's van, seven bags of cochineal, signed by myself, and countersigned by Storey, as having received it—I know a good deal about cochineal—I have a sample I have got from Pressey's, and also from Beazley—I received a sample from the constable Forster, and I say it is a mixture of Pressey's and Beazley's—there were 17 bags, with the mark "P. B." and seven marked "T. B."—when the sample was first shown to me I saw it was a mixture, and I took seven parts of one, and seventeen of the other, mixed it together, and found it exactly the same as the sample I received from Forster.
Cross-examined by MR. CUNNINGHAM. Q. Where did you get the sample from? A. Mr. Pressey sent me some to my office by a clerk from the bulk, and I received Mr. Beazley's in the same way—you cannot take away the dyeing properties of cochineal by putting it in water—it would dissolve in water—I never heard of such a thing being done—the value of it is about 2s. 6d. a pound.
Cross-examined by MR. DAVIN. Q. I suppose there are other manufacturers of cochineal? A. Only a few—I should say two more at the most—I never saw the bulk of this cochineal—there is a very large trade done in London with it—and a quantity of bags passing and repassing.
Jefferies' Defence. The money that was found on me was not the proceeds of the robbery—Meyers gave me the 5s.—I had nothing at all to do with this transaction.
GUILTY. on the Second Count.
STEPHENS— Twelve Months' Imprisonment.
JEFERIE— Eighteen Months' Imprisonment.
MR. LAMB. conducted the Prosecution, and MR. CUNNINGHAM. the Defence.
EDWARD CAMP . I am a carrier—on 27th March last I sent Charles Moore with some goods to Messrs. Hyam & Co.'s warehouse in White-chapel—they were never delivered—on 28th March I went to a public-house in the Kingsland Road, and found a horse and cart there—it had been there six hours—there were two hampers in the cart, which had been broken open, and nothing in them but six pieces of brown paper.
March last I delivered two hampers to Mr. Camp's man, containing 412 unmade garments.
RICHARD MANNER . (Policeman N. R 51) On the night of the 27th March, at 9 o'clock, I was on duty in the Kingsland Road—I saw a cart and horse there about an hour and a half—there was no one with it—there were two hampers in it, broken open—the name of John Camp was on the cart—I took it away, and it was identified the next day.
GEORGE DHERING .—I am manager at the Whitechapel branch of Messrs. Hyam & Co.—on 27th March I expected to receive 412 garments from Oxford Street—they never arrived—I have seen some of them since, and have identified them.
Cross-examined. Q. When did you see them? A. At the police station in Leman Street, about three weeks ago—there are several things I can identify them by, by the cutting and some small figures on the cloth—the handwriting on the tickets I know; they are written by a man in our employ—I saw them at Oxford Street before they were sent to Whitechapel—I have seen 144 out of the 412 garments—all that I have seen have our buttons on; we have our name on the buttons.
WILLIAM HENRY LUCAS . I am a clothier, at 161, Cambridge Road—about the beginning of April last a parcel was left at my house—I looked at it and saw Hyam & Co., Oxford Street, on the buckles—I tied them up again, and told my boy to give them back to whoever brought them—Meyers, in company with another man, came and took them away.
RICHARD KENWOOD . (Police Sergeant H 16). About 11 o'clock on the 10th of December last, I went with the constable Smart to 30, Mount Street; Meyers gave his address there—we searched the house and found sixty-five bundles of unmade clothing, tied up, containing 144 garments—we conveyed them to the Leman Street police-station—Meyers was brought out of the cell, and I asked him if they were his—he said they were left there about a fortnight before, by his brother, who had gone on the Continent—the property has been identified by Messrs. Hyams' manager.
GUILTY .— Ten Years' Penal Servitude.
MR. STRAIGHT. conducted the Prosecution; MR. DAVIN. defended Connor, and MR. CUNNINGHAM. defended Clarke.
GODFREY EVANS . I am manager of the publishing department of Punch's office—on Wednesday, 9th December, I missed a parcel containing 300 stamped copies of Punch—I had seen them safe about twenty minutes before I missed them—they were behind a partition on the counter, some distance from the door—it was about 11.45 when I missed them—I gave information to the police, and delayed the publishing an hour.
Cross-examined by MR. DAVIN. Q. Who left the papers there? A. One of the printers.
Cross-examined by MR. CUNNINGHAM. Q. You have often seen Clarke selling papers about Fleet Street? A. Yes, frequently; that seems to be his regular occupation—he has not been in the habit of coming to our office.
Wednesday, 9th December, a little before 12, I saw a bundle of Punch in my bar—it was fetched away about 3 o'clock by the lad Harrison—the bundle was given to him, and he went away with it—I followed him to the door, and saw him give it to the prisoner Connor—he was standing about a dozen yards off, on the same side of the way.
Cross-examined by MR. DAVIN. Q. Did you see who left it at your counter? A. I did not—I could see Connor a dozen yards away, quite distinctly enough to swear to him.
GEORGE HARRISON . I live at 87, Cow Cross Street, Smithfield, and I am a newspaper seller—on 9th December I saw Connor in Shoe Lane—he asked me to go to the coffee-house and fetch a bundle of Punch that was left there in Jack Clarke's name—I went and got the bundle, and gave it to Connor.
Cross-examined by MR. DAVIN. Q. Did you see two men there at the time? A. No; there were some persons about—after I had given Connor the papers I did not remain to see what he did with them.
Cross-examined by MR. CUNNINGHAM. Q. Was Clarke with him? A. Not at the time I gave him the bundle; at the time he asked me to go and fetch them he was—I knew Clarke by sight as selling newspapers.
RICHARD BAILEY . I am a newspaper seller, and live at Fleur-de-lis Court—on 9th December I went to the Three Lions beer-shop, and saw the two prisoners there, with two other men, playing at skittles—a man named Burns asked me to sell some copies of Punch—I did not refuse, as I was out of work—he gave me twenty-six copies; he took them from behind the board where they were playing—they had a bundle of them—Burns gave me twenty-six copies—I sold nine at 1d. a-piece, and then I found out they were stamped—I took them back and told them of it—I gave Burns 9d.—gave Connor 2d., and Clarke 2d., and Finnigan, the other man, 2d., and kept 2d. himself—I had seventeen papers unsold; I gave them back to Burns—they were not in the skittle alley when I came back; they were in the bagatelle room.
Cross-examined by MR. DAVIN. Q. It was Burns told you to go and sell them? A. Yes—I have never sold Punch before—I know the price is 4d. stamped—Connor took no part in giving them to me—Burns asked me if I would go and sell some for waste paper when I came back; I would not.
Cross-examined by MR. CUNNINGHAM. Q. Have you been to the Three Lions? A. Very seldom—I have been there before—I had seen the prisoners there at times—it was about 5.30 in the evening when Burns gave me the twenty-six copies—I would not have anything more to do with them after I took them back, because I was afraid of getting myself into trouble—Clarke did not have anything to do with giving me the papers—Finnigan assisted Burns to get them out, and Burns was the one who received the money after I returned.
MR. STRAIGHT. Q. But the prisoners were present? A. Yes—Burns is about eighteen or nineteen, and Finnigan about twenty-three or twenty-five—when I came back with the seventeen, I said they were stamped; I did not know they were stamped before I took them away—Burns asked me if I would sell them as waste paper, and I refused to.
HENRY WILLIAM SKINNER . I live at No. 1, Red Cross Street, Borough, and am a labourer—I know Clarke and Connor by sight—on Wednesday, 9th December, I saw them at the Three Lions, Fetter Lane, in the skittle-ground—there were two other men there, and another young chap named
Bailey—Bums had a bundle of Punch. there, and he placed it behind the boards—I heard him ask Bailey whether he would take them out and sell some—Bailey went out, and I saw him come back; I heard him say he had brought 9d. back, and I saw him give it to Burns—Connor said, "You have to give me."—they had been playing at bagatelle, and I believe that Connor had to pay for the game.
Cross-examined by MR. CUNNINGHAM. Q. Did Clarke say anything! A No—I did not see any more; I only heard the words—I believe they have to pay for each game.
DAVID HAWKINS . (City Detective 548). On Sunday, 13th December, I met Clarke in the Strand—I told him I should take him into custody for being concerned, with others, in stealing 300 copies of the Punch newspaper—he said he knew nothing about it—I took him to the station, and he said he knew something about them; that Bailey had sold some—he said, "I had 2d., Connor had.,. Burns had., and Finnigan had 2d. from the 9d. that they were sold for"—he said they were taken to a coffee-shop, and fetched away by Connor—on the following morning, in Connor's presence, he repeated that statement, and Connor made no reply—on the Thursday, I went to the Three Lions with Harrison, and found 256 copies in the skittle-alley, behind some boarding.
Cross-examined by. MR. CUNNINGHAM. Q. Are you sure Clarke did not say that he received the papers from Burns, and took them to the coffee-shop, and left them there in the name of Burns? A. He might; it has escaped my memory if he did say so—he said, "They were fetched away by Connor, and I believe they were afterwards taken to Weeks' beer-shop, in Fetter Lane."
The Prisoner's Statement before the Magistrate. Connor says:—"I met these two men. They asked me to take these papers from the coffee-shop; I said I could not, as I did not leave them there. They asked me to a Bailey. He brought them out; I brought them a little way down Shoe Lane, and gave them to them." Clarke says:—"I was coming out of the coffee-shop. I met Burns, who asked me to go and leave a bundle of papers in the name of Jack Clarke, and I did."
GUILTY . on Second Count.
CONNOR also PLEADED GUILTY. ** to having been before convicted on. 19th March,. 1866.— Seven Years' Penal Servitude.
CLARKE— Four Months Imprisonment.
MAY PLEADED GUILTY .— Eight, Months' Imprisonment.
MR. BRINDLEY. conducted the Prosecution.
JOHN MAY . I live at 7, Devonshire Cottages, First Street, Chelsea, and am a boot closer—on Saturday, 12th December, I left home about 8.15; my wife was in the house—I came back about 12 o'clock, and missed a quantity of things—a waistcoat, a dress, and other wearing apparel—I have seen a waistcoat and shirt since—the shirt was found on my brother, when he was taken into custody—I went with the police-constable to the house where the prisoners where apprehended—they were lodging together in Turk's Row, Chelsea—a waistcoat fell from Strutton's bed—he did not say anything about it—the value of the things was about 31.—the waistcoat was under the clothes—it fell out from amongst the clothes.
I Strutton. The policeman asked me if the waistcoat belonged to me. 1 said no. He then asked the owner of the lodging-house if it belonged to him, and then May said he chucked it on my bed, and left it there by mistake.
ELIZABETH MAY . I am the wife of the last witness—on this Saturday, ray husband went out about 9 o'clock—I fastened the doors and windows up, and then went out myself—I returned about 9.30—the things were then scattered all over the place, and the things turned out of the drawers—I looked to sec how the parties had got into the house, and I found that a bit of iron had been broken off the window, and the window opened—I had left it quite safe—my three children were in bed.
STEPHEN HAY . (Policeman B 118). I went to this' lodging-house in Turk's Row, Chelsea, in company with another officer, on Sunday, about 3 o'clock in the morning—the prisoners were in bed in the same room—the other officer took May, and I took Strutton—they were sleeping in separate beds—they were very near together—I told Strutton that he was charged, with May, in breaking into May's brother's house; he made no answer—after they had dressed, we took them to the station—I said, "I must see what you have in bed"—I turned over the bed clothes, and this waistcoat dropped out—I asked them whether the waistcoat belonged to them—Strutton said, "No, I have two on"—I found this piece of brass broken off of the window, at May's house.
THOMAS HALL . (Policeman B 245). On Saturday night, 12th December, I was on duty in the Marlboro Road, Queen's Road, Chelsea—about 8.50 I saw the prisoners there together—I spoke to them, and asked what they were loitering about there for—they turned round, made no answer, and walked away—it was at the back entrance to the prosecutor's house—I followed them to First Street, and lost them—it was about 8.50 then—I knew them by sight before.
Strutton. Q. How far was I from you? A. On the opposite side of the way—I followed you to First Street; and then a gentleman spoke to me, and I lost sight of you—I followed you, because I knew you were an associate of thieves—you live in Oakum Street, Chelsea.
Strutton's Defence. I have two witnesses to prove that I was at a raffle.
MARY LEWIS . I live in Oakum Street, Chelsea, with a person named Lush—I know Strutton—I remember his being taken into custody four weeks last Saturday—I knew it on the Sunday morning—during the Saturday evening he was at a raffle, and I saw him there during the whole evening, until about 11 o'clock—I don't know the day of the month, but I believe it was the 12th—the raffle was at the Duke of York, Gray's Row—I was there till 11 o'clock—there was singing and dancing going on as well—I am quite sure he was there all the time.
Cross-examined. Q. How do you know it was this Saturday night 1 A. Because on the Sunday I was told that the young man was locked up for a robbery that had been committed the night before—I asked what time, and they said about 9 or 10 o'clock—I said he was in my company at that time, that was the remark I made—I work for a laundress—I never lived with a young man in my life—I generally leave my work between 6 and 7—I left off before 7 on this night—I went home, and then went to the raffle—there were about twenty or thirty people there—I was not there twenty minutes before I saw him—I will swear it was not half an hour—I stood at the bar first about ten minutes—I have known Strutton ten or twelve mouths—he
lives at his father's house in, Oakum Street—I have been in the habit of speaking to him—I know his mother.
ELIZABETH STRUTTOX . I am the prisoner's step-sister—in the course of Sunday I heard he was taken into custody—on the Saturday night, when they were taken, about 10.30, I saw May at the top of the street—he said, "Will you go and pawn this for me for 7s?"—he gave me a jacket—I went and got 6s. for it, in my own name, and gave it to May—he had some more clothes under his arm—my brother was in my father's company from 6.30 till 7.45—I did not see him after that.
BRIDGET MCDONALD . I am the prisoner's aunt—he has worked for me he has been in noblemens' families, and there is nothing against him—I can't say that he has always borne a good character—he has lived with me for a month—I can't say whether he was living with his father in 1868.
Cross-examined. Q. Do you know that he was in prison, in 1868, for four mouths? A. I knew he was, for some charge of stealing—while he has lived with me he has borne a good character.
MR. BRINDLEY. called
ELIAS FORD . (Policeman A 70). I produce a certificate, that on Monday, 2nd December, 1867, at the Sessions House, on Clerkenwell Green, Richard Strutton was convicted for stealing thirty-six brushes, and hadfour months' imprisonment—the prisoner is the man to whom the certificate applies—he underwent that sentence.
COURT. to. STEPHEN HAT. Q. Do you know the Duke of York. A. Yes—it is about three-quarters of a mile from the prosecutor's house.
STRUTTON— NOT GUILTY .
MR. GRIFFITHS. conducted the Prosecution.
HERMANN JOSEPH BECKER . I live at 6, Bream's Buildings, Beech Street, Barbican, and am a tailor—on Saturday morning, 9th January, about 12.45, I fastened up my house all safe, and went to bed—about 1 o'clock I was aroused with a slight noise—I lifted my head up and listened, and all was quiet for about ten minutes, and then I heard the noise again—I jumped out of bed rather quick, and saw a person in the front room—the gas was alight—he jumped on the chair and table, and through the window, and I jumped after him—I should have caught him there and then, but I fell back—I ran after him and caught him—I am sure he is the same that was in the room—I did not loose sight of him at all—I saw another man, he was two or three steps behind him—I did not follow the other one, because I took so much notice of this one; and I took no notice of the other—I had to do all I could to catch him—I had a desk in my room—there were two penny pieces on the desk—there were two medals, three pieces of paper, a box, a pair of gloves, and a ring in the desk—I missed those articles—I saw them safe when I went to bed.
ARTHUR BARFIELD . (Policeman G 292). I was on duty in Beech Street on this morning, about 1.15—I heard cries of "Police!" and saw the prisoner—the prosecutor was standing about five yards in front of him—when I came up he pointed to him, and gave him in charge—I took him to the station, and found on him a key, three penny pieces, and some matches.
ROBERT RAMSEY . I live at 36, Beech Street—about 1.10 or 1.15, I was in Beech Street, going in the direction of Chiswell Street—I saw the prisoner running, and the prosecutor following—my dog called my attention to it—I saw the prisoner stopped by two persons—I called out "Police!" and he was given into custody.
Prisoners Defence. I was coming home from the play in Whitechapel I had a few half-pence in my pocket. I was going towards home. I turned round, and the gentleman came and said, "Stop thief!" He made an attempt to catch hold of me. I asked him what he meant, and he would not answer. I had never done anything.
GUILTY . **— Eighteen Months' Imprisonment.
OLD COURT.—Friday, January. 15th, 1869. Before Mr. Recorder.
GEORGE STOCK . I am clerk in the employment of Mr. Alsop, solicitor, 22, Brunswick Square—this (produced). is a writ in an action of "Kelsey v. Coutts"—I produce the order of reference—I have not the original affidavit or the award; the other side has that—I have the bill of costs—this is a duplicate order of reference (The original was handed in by. MR. WADDT, with the award and read)—I have the notice of taxation—I was present when this affidavit (produced). was used before the taxing master, on 12th November; the costs were paid.
Cross-examined. Q. You were at the taxation, you say? A. Yes—the prisoner was not present on the 12th—the appointment for the 12th was originally made for 12 o'clock in the day; it was adjourned till the 14th—I think, on the 12th, in consequence of some little delay on the part of the master, we did not enter on the proceedings till after 12 o'clock; I don't know that it was so late as 1.30—that was the first time that any use was made of this affidavit—Mr. Alsop is an attorney in practice at Bromley, as well as at Brunswick Square—Mitchell lived at Bromley—this action was brought by Mr. Kelsey, as creditors' assignee, against Mr. Courts—the allegation was that Mr. Coutts was in possession of property which ought to be divided amongst Mitchell's creditors—I was present at the whole of the arbitration before Mr. Francis.
STEPHEN MINOT . I am chamber clerk to Mr. Justice Willes—I am authorized to take oaths; I have a commission in each of the Superior Courts, signed by the late Lord Chief Justice Jervis, and the late Mr. Justice Cress well—I presume, that on 11th November, a gentleman came before me with this affidavit; it was sworn at Judges' Chambers—it bears my own signature, and also the defendant's, "J. Courts"—I do not know his handwriting, nor do I know the defendant.
swear that that is your name and handwriting, and the contents of this your affidavit are true, so far as the same relates to yourself"—I can't say that that form was administered to the person who signed, "J. Coutts" to that affidavit—Mr. Coutts might have been represented by somebody else I can't say it was Mr. Coutts—I don't know that the gentleman to whom I administered the oath signed it; I did not see him sign it—I can't say whether I was alone when the oath was administered; there were other judges' clerks sitting in the same place—there might be a number of persons there—I don't know what part of the day it was—I do not know whether it was signed before I administered the oath or not; no doubt it was signed before I administered the oath, I don't know whether it was signed before it was brought to me.
JOHN* ALFRED ALSOP. I am a solicitor, of 22, Brunswick Square, and also at Bromley—this affidavit was used More the taxing master on the 12th, when the defendant was not present, and it was used on adjourned taxation, which was the 14th, and the defendant was then present; I believe so, to the best of my belief; I have not the slightest doubt about it—my clerk was present—it would be about 1 or 2 o'clock, in the middle of the day—that was used and the costs allowed—the bill of costs would show the actual amounts allowed in each case, because the taxing master took some off, and left some on.
Cross-examined. Q. I don't want to take an unfair advantage of you; I ask you to consider for one moment, and be cautious what you are saying-do you mean to swear distinctly that you remember that Mr. Coutts has ever been before the master since the 12th—now do be careful? A. Since the 12th; he was, to the best of my remembrance—there were six or eight of us present; it was the adjourned taxation—there was my clerk, Stock, myself, Mr. Edward Strong, Mr. Edward Dunn, Henry Carpenter, Joseph Robinson, and I believe Mr. Kelsey; I believe that was all—there were the attorneys on the other side—the room was pretty full—I mean to say deliberately that I remember that Coutts was present on the 14th; I am confident of it, and that I swear.
COURT. Q. In what way was this used? A. This was used before the taxing master, by the defendant's attorneys; when the particular item in the bill of* costs was come to, this was referred to for the amount to be allowed—Coutts did not take any part in it, only by standing by—there was considerable discussion; the affidavit would be read by me, parts were read by me and parts by the taxing-master; it was stated publicly, so that everybody must have heard it, that this was the affidavit of James Coutts that I swear—I had at that period challenged the truth of it.
MR. HARRIS. Q. Can you say whether every item in the schedule there was mentioned? A. Yes; every item would be mentioned, was mentioned—I cannot say without referring to the bill of costs, whether any particular item or items were disallowed—I am quite sure that everything in the schedule was mentioned—Carpenter's, I think, was disallowed, the proportion 14s. 8d. was disallowed in his case—the prisoner was present then, but took no part in the argument—his name was mentioned with reference to the items—I certainly heard his name spoken of with reference to the affidavit—it was publicly mentioned, so that everybody present must have heard it that this was the affidavit of James Coutts.
HEKRY CARPENTER . I am a painter, and live at Farwig, near Bromley, in Kent—in July last, I was subpoenaed by Mr. Coutts to attend at the Assizes, at Maidstone—he subpoenaed me himself, and gave me a half sovereign with the subpoena—I saw him after that at Mitchell's, it might be a month after, I could not say; I cannot recollect exactly what took place—Mr. Mitchell and Mr. Coutts and me were joking about the half sovereign—Mr. Coutts said he thought I ought to pay him the half sovereign back again, because I told him that Mr. Alsop had subpoenaed me, and paid me a half sovereign—I refused to pay it back, and said I had spent it, from what I can recollect of it—I think he said that I ought to pay something back, half a crown, I think; I can't positively swear to that—on 13th November, between 6 and 7 o'clock in the morning, Mr. Coutts called upon me; I was in bed; be waited till I got up—he then said he had come to pay me my expenses for going to Maidstone—I think I said, Very well"—I think I told him Mr. Alsop had paid me, and I think I said I did not know whether I should be doing right to take it or not, on account of Mr. Alsop paying me—he said he thought I should be doing right, and that he would pay me, 14s. 8d. I believe it was—he laid it on the table, and I counted it—there was a receipt produced, I don't know whether it is here; there was no date on the receipt at the time, I believe—I said, "Shall I put the date"—he said he did not know that it would matter—he said "I will date it"—(The receipt was produced by MR. WADDY.)—I don't see any date here; but that is my signature; this is a receipt for 1l., 4s. 8d.; no doubt that is the receipt—Mr. Coutts then went away, and I took the money to Mr. Alsop, by Mr. Alsop's wish—I went and told Mr. Alsop the same morning, and he told me to bring it to him.
Cross-examined. Q. Were you present at the taxation on the 14th? A. I was—Mr. Alsop asked me to go before the master, on purpose to say that I had not been paid the money—there were present the defendant's attorney Mr. Kelsey, Mr. Alsop, Mr. Strong, Mr. Dunn, and myself—Mr. Coutts was not there—I did not see him; he positively was not there—I looked all round and I could not see anything of him—I remember something being said about this being the affidavit of James Coutts—I can't recollect what it was that I heard said about it—there was a kind of affidavit placed before a gentleman—Master Bennett I believe it was—and then there was a talk about the affidavit—I can't recollect whether anything was said about whose affidavit if was—I did not pay particular attention to that part—I am quite sure that during that time Mr. Coutts was not in the room—I was never before the master except on that occasion—the first time I saw Mr. Alsop with regard to this matter was on the 11th November—I went to see him about some business connected with the election—he had been engaged at the election, and I had done work for him, and I went to him about that, on the evening of the 11th—Mr. Alsop then told me about this affidavit—he asked me if Mr. Coutts had paid me anything—I said, "No"—I had not been home, so that I did not know he had been there—I can't hardly recollect whether the next time I saw Mr. Alsop about it was that evening or next morning—it was either one or the other—in the mean time I had seen my wife, and I went back and told Mr. Alsop that Mr. Coutts had been to pay me during my absence on the 11th, and that I was to call at Mr. Mitchell's shop at 9 o'clock in the morning to receive the money and sign a receipt—Mitchell is a baker at Bromley, and used to carry on business there—latterly Mr. Coutt's name has been substituted for Mitchell's—I painted
the board—I belive Mitchell still mananges the business—I was to go to this shop and be pay by Mitchell—Mr. Alsop asked me if it would make any difference to me if I did not go, and I said I did not know that it would—it was in consequence of that that I took the coin directly—I got them and went to Mr. Alsop's office, I did not know Mr. Alsop's purpose—he marked them in my presence, there and then—I was before the Grand Jury—Mr. Alsop went into the Grand Jury room—I told the Grand Jury what I have stated to-day, as near as I could think of it—Mr. Alsop read over my depositions, and told the Grand Jury in my presence that Mr. Coutts had paid me money, and that I had been known to say that I would sooner suffer six months' imprisonment rather than I would punish Mr. Coutts—I would sooner suffer anything; I would sooner have my right arm plucked off than I would do any wrong to anybody—it has been said that I had had money paid to me to alter my evidence—I can't recollect whether that was said before the Grand Jury; I don't think it was there—when Mr. Alsop asked me if it would make any difference to me if I did not receive the money, I said, "I don't know if it will"—and he then said, "I will see that you are not the loser if you don't"—he said that he would pay me the 14s., or the 1l., 14s., if I would do as he wished me—he said that Coutts was a long-headed fellow, but he thought he could catch him at last—that was on the first occasion—I believe that I saw him on the 11th; I believe it was on the 11th (looking at a paper)—I can't say when I first saw this paper—I think it was about three or four days before I went to Bow Street—just before I got this paper Mr. Alsop told me he was going to send me a paper—I don't know who brought it me; I think it was Mr. Alsop's lad, that he keeps at Bromley, but I was not at home when it was brought—I spoke to Mr. Alsop about this paper afterwards—I went to him and told him I thought he had treated me rather badly in bringing me into a thing I was not aware of; he had made me a complainant, and "drawed" me along, and I did not know what I was doing—I listened too much to Mr. Alsop—Mr. Alsop said that he would give me this paper—that was what I had to say before the Judge, or the Magistrate at Bow Street—he told me if I was asked whether Coutts had called to pay the money, I was to say I did not know—I said, "But I do know"—he said, "You did not see him yourself"—I said, "No, but my wife did"—he said, "That is not evidence; you did not see him, so you must not swear to it"—I think I told him that Mr. Coutts had called again on the morning of the 12th, to see if I had got the money—I called on him on the 12th, in the evening—I think I told him so, I won't swear that I did—what Mr. Coutts said about getting a half-crown back, was said in a jocular manner; the three of us were joking about it together—I am no friend or relative of Mr. Coutts'—I never saw him until he subpoenaed me to go to Maidstone—I have not the slightest interest in this matter in any shape or way.
MR. HARRIS. Q. On the evening of the 11th, at 10 o'clock, you saw Mr. Alsop? A. Yes—I had not got the money from Mr. Coutts then—I went back to Mr. Alsop the same morning that Mr. Coutts paid me the money—Mr. Alsop wrote that paper for me to-day—(looking at another paper) that is my signature; it is put 13th November here, so I suppose that was the day—it is something like my handwriting, but I could not swear to it; no doubt it is—I received that paper, I think, about three days before I went to Bow Street—I don't know whether it was several days after this other was written—I don't know what day it was that I went to Bow
Street—I think this was delivered to me after I signed that; no doubt it was—I had not written it out myself before I signed this prisoner anything like what is there; I will swear that—Mr. Alsop asked me certain questions, and I answered them, and he set it down, I suppose; and then he asked me if it was right—he read it over and I signed it—he was bringing me into a case that I did not know anything about—when I went to him in Brunswick Square, a paper was read to me, and I think he asked me if it was correct—I told him I thought it was—I went afterwards to Bow Street, and what I said was signed by me, and I said it was true—the first time I went I asked to correct one or two statements that were there, which I believed I had made wrong—I don't recollect Mr. Vaughan's saying, "No, you had it read over to you carefully"—he did not let me alter anything—I can't recollect what he said—I have not constantly seen the defendant since his committal; I saw his attorney once, and only once—I made a statement to him, because this was wrong, and I wished to have it set right—I said I would rather suffer anything than I would do anything wrong—I don't recollect saying I would upset the case before the Grand Jury; I positively did not—Mr. Alsop had said that he heard me say so—I don't think I did—I believe I said the case ought to be upset, on account of its being such a shabby affair—I was ashamed of Mr. Alsop, and myself, too, for allowing myself to be brought into such a shabby affair—it is a disgraceful affair—I went to the prisoner's attorney on my own accord.
JOHN ALFRED ALSOP . (re-examined). This paper was sent by me to Carpenter, at his request—it is the evidence that he was to give before the Magistrate at Bow Street; taken from the statement that he had previously signed on the 13th—it is not a verbatim copy—(The papers being read and compared, the COURT. stated that there was no material difference between the two)—This was sent to Carpenter at his own request, after he had laid the information at Bow Street—I never told Carpenter that if he was asked whether Coutts had called to pay the money he was to say no—nothing of the kind—I did not tell him to say he did not know—I never gave him any advice whatever as to what he was to say—he came voluntarily to me, and every word was voluntarily said by him, and signed by him on that date—he has since said that he would upset the case before the Grand Jury.
JOSEPH ROBINSON . I am a miller, at Crawley, in Sussex—I was served with a subpoena in the reference, somewhere in the autumn, by Mr. Coutts; he paid me 10s.—I attended the reference—he did not pay me anything more before 11th November—I received this post office order for 1l., I presume in this envelope, it is dated 13th November, I don't recollect the date—I don't know when the reference was—I was not before the taxing master—I received this letter at the same time (produced)—the post-mark is dated the 12th, I presume I received it that day—the writing is precisely similar to other letters I have received from Mr. Coutts.
MR. KELSEY. (re-examined). These papers are in the prisoner's handwriting.
Cross-examined. Q. Have you been out of Court all the time since you were examined? A. Yes; I was before the taxing master the second time; I can't tell who was there—Mr. Alsop was there and Mr. Bleby—Mr. Coutts was about the place, I believe; I have no recollection of seeing him in the room—I could not say for certain that he was not in the room—I don't think he was there when I was there, but I won't say for certain whether he was or not—I did not make a note of it—I was not in the room
all the time I was about there—I have no recollection of seeing him—he might have been there—I have no recollection one way or the other; it is a thing I took no notice of.—(Letter read: "11th November, 1868. To Mr. J. Robinson. Dear Sir, if you will sign the enclosed and forward it to me, I will pay you the balance" (not signed). Enclosure: "Received from Mr. J. Coutts 1l., 10s., being my railway fare and expenses, and attending in London one day in the above action.")
JOSEPH ROBINSON . (re-examined). I presume I received that on the 12th—I did not sign the receipt, and did not send it back—I afterwards received a post-office order—up to that time I had not been paid anything, except the 10s. I had with the subpoena.
Cross-examined. Q. Where did you find that letter? A. I found it in my possession in my premises, not many days ago—I can't tell you the precise day—it may be a week ago, it may be a fortnight, I am not able to say—I found it among my waste paper, in my bed-room, in my waste paper basket, if it is a basket, where I throw my waste paper and my letters—I was asked for this before the Magistrate—I had not got it then—I did not say I had searched everywhere for it—I said I had looked through my waste paper and found the letters that I produced; but looking again, a second time, after the Bow Street affair, I found that letter—1l., was sent to me by post-office order—I had given no receipt for the 10s. I had received before—I was not before the taxing master at all—I sent no answer to this letter—when I found these letters, I gave them to Mr. Allsop—I believe they were in the envelopes when I gave them to him—I believe they were in the envelopes when I found them—I don't remember—I have no doubt they were—I did not send a receipt for the post-office order.
NOT GUILTY .
The following Prisoners PLEADED GUILTY. on Tuesday.
232. JAMES DRAKE (33) , to stealing a cheque for 6,510l., of the London Asiatic and American Company (Limited), his masters— Twelve Months' Imprisonment. And [Pleaded guilty: See original trial image.]
233. JAMES SMALL (54) , to three indictments, for embezzling and stealing various sums of money of the South Metropolitan Cemetry Company, his masters— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
Before Mr. Recorder.
234. JOSEPH CROUCH (28) , PLEADED GUILTY . to stealing a cartjack, the property of Charles Edwin Banks, and also to having been previously convicted on the 28th January, 1867— Twelve Months' Hard Labour.
MR. PATER. conducted the Prosecution.
of Lynes was with me—we met the prisoner about 5.30—Lynes asked him to stop, and come round the corner, as he wanted to speak to him—he asked the prisoner what he had got in his hand, upon that the prisoner ran away—I caught him—he was carrying a piece of Turkish twill—I do not produce it—he was charged with the unlawful possession of the twill—I searched him at the station—he was wearing this shirt (produced).
CHARLOTTE ERASER . I am a single woman, and live with my father, David Fraser, at 5, Orchard Place, East Greenwich—he keeps a draper's shop—this flannel shirt (produced) is his property—it is worth 5s. 11d.—it was safe in the shop at 12.50 on the 8th January—I had not seen the prisoner before.
GUILTY . He was further charged with having been previously convicted of felony on the 17th December, 1866, in the name of William Simpson, to which he
PLEADED GUILTY.— Seven Years' Penal Servitude.
236. CHARLES HOLE (17), WILLIAM PATTERSON (18), FREDERICK LARKING (22), THOMAS LEWIS (17), JOSEPH WOODRUFF (17), GEORGE SAUNDERS (17) , Robbery, with violence, together, on Stephen Cheasman, and stealing a purse and 2l., 0s. 6d.
MR. STRAIGHT. conducted the Prosecution; and MR. LILLEY. the Defence.
STEPHEN CHEASMAN . I live at Wells Street, Sydenham, and am a dust contractor for the Sydenham and Forest Hill district and Lewisham parish—I know the six prisoners—I knew a lad of the name of Henry Kemp, who is since dead—about 8 o'clock on the morning of the 13th December I was standing near the Swiss Cottage, in Stanstead Lane, Sydenham—I saw all the prisoners there with Kemp, the lad who is dead, and two men who are not apprehended—there were nine altogether left their carts—there were two or three in a cart—they all came round me—I had summoned Patter-son, Kemp alias Holmes, and Larkin, because they were making free—they came round me and wanted to know why I had summoned them, at the same time telling me that they should collect as much dust as they liked—I said if they did I should be compelled to summon them, for I could not allow them to take it—Patterson caught hold of me and commenced punching me—I believe Larkin struck me next—they were round me in such a cluster, they nearly had me down on the ground—Lewis struck me—all of them struck me—they were all on the ground to get me down—I tried to resist as much as I could—Holmes alias Kemp said, when we were on the ground, "Let us take his b—swear-by"—I never hoard the word before—after he had said that, Larkin held me down and Holmes put his hand into my pocket—I had a purse there, containing four half-sovereigns and a sixpence—the prisoners were all round me when Holmes put his hand into my pocket—Larkin and Holmes held me down—my purse was taken away—I felt Holmes draw his hand and shut it—when he took it out of my pocket I caught hold of him by the hand, and he struck me between the eyes with his clenched fist—the other prisoners were close round at that time—they all got up then, got into their carts, and drove off—I am quite sure when the prisoners came up my purse was safe in my pocket—I have known them a long while—I had not got a knife in my possession.
Cross-examined. Q. What time in the morning was this? A. Eight o'clock—I don't accuse anyone but Holmes of striking me while on the ground; but I accuse them all of striking me before I got upon the ground—I cut speak to Hole striking me; he had an egg in his hand, and he struck me on the side of the head with it—I don't know whether it was rotten—as soon as I got up they all ran away—I know the whole of them were round me, pummelling me—the persons I summoned were Patterson and Holmes, and a man named Jacob Knell, but he was not implicated in this; he was not there at all—they are all dustmen and dust collectors—I had four half sovereigns in my pocket—I saw them about five minutes before—I had been into a tobacco shop just before and bought half-an-ounce of tobacco—I saw my money in my purse, and counted it—I will swear I counted it in the shop, because I dropped 6d. out of my purse, and I counted it to see if I had dropped any other—I saw Holmes in custody between 6 and 7 in the evening—I never saw my money again, or my purse.
NOT GUILTY .
Stephen Cheasman repeated hit former evidence.
CHRISTOPHER GEORGE CUTCHET . I reside in Stanstead Lane, Sydenham, and am an accountant—I remember the morning when this took place—I saw the prosecutor pass my house, and then the prisoners, about 7.45 in the morning—I was in my garden—I heard a noise and went to my gate—I then saw nine men violently assault Cheasman—one struck him in the eye, another threw him down with great violence—his head struck the kerb—they seemed to be round him—Holmes was punching him while he was on the ground—I also saw him put his hand into the prosecutor's breast pocket, and snatch something away—I called out, "Don't murder the man!"—I went up to them as soon as I could get my gate open—they said the man had a knife, and had threatened them with it—I asked him if he had a knife, and he said he had not—they did not do anything to me—I am positive the six prisoners were there on that occasion—Holmes threatened me, but he did not do anything to me.
ATLIVEN BAKER . (Policeman P 276). I took Hall and Patterson into custody on 14th December, about 12 o'clock in the day—they were with a dust-cart—I told them I should take them for assaulting and robbing Mr. Cheasman of 2l., 0s. 6d.—Hole said he was not there, and did not know anything about it—Patterson said he did not have anything to with it; there was only two or three of them took hold of him, and got him down, and Cheasman drew a knife, and was going to stab them—I took them to the station.
JOSEPH STEDEFORD . (Policeman P 263). I apprehended Saunders and Woodruff on the evening of the 14th—they were taken to the station, and told the charge; they both denied being there, at first—Saunders afterwards said he never struck the man—I saw Mr. Cheasman on that day—he had got a black eye, and appeared to have been served rather roughly.
right for a bit of Christmas pudding this year, then"—Larkin and Lewis ran away—I ran after Lewis, and caught him; and Baker caught Larkin.
STEPHEN CHEASMAN . (re-examined). I had no blow on the face, except the one in the eye—I was very much bruised down my left side, and kicked on ray legs—I could not lie on my left side for a week or ten days.
Larkin, Lewis, and Woodruff, received good characters.
GUILTY. of a common assault—Recommended to Mercy by the Jury —PATTERSON, LEWIS, LARKIN, and SAUNDERS, Three Months' Imprisonment each ; HOLE and WOODRUFF, Two Months' Imprisonment each.
MR. BRINDLEY. conducted the Prosecution; and MR. STARLING. the Defence.
SILAS GURR . (Policeman P 119). On 8th December, about 12 o'clock, I was on duty in the Breakspeare Read, Lewisham—I heard a noise in the garden of 1, St. James' Villas, where Mr. Allan lives—I stood at the corner of the wall, at the back, and heard steps coming near me—I saw two men climb up the wall, and drop into the Breakspeare Road, they ran away directly to Upper Lewisham Road—I saw an officer's cape shining, and called to him to stop them—the prisoner was taken by Stubbings, but the other man escaped—I had not lost sight of the prisoner—I told him I saw him come over the wall with another man—he said that he just come along the road—he was taken to the station, and I found on him a candle, some matches, a knife, a tobacco box, and a purse.
Cross-examined. Q. Where were you! A. In a mews at the bottom of the gardens—they got over the side wall, and ran away directly—they were twenty or thirty yards from me when they got over—I pursued them one hundred yards; they turned one corner—I never saw the prisoner's face till he was in custody.
COURT. Q. You must have lost sight him when he turned the corner? A. No; it is a large shrubbery, and I could see them going round—I had gained a little on them when they turned the corner.
GEORGE STUBBING . (Police Sergeant R 2). On 8th December, at midnight, I was on duty in Lewisham Road, and heard persons running—I saw the prisoner and another man come out of Breakspeare Road into Lewisham Road, pursued by Gurr, who was calling, "Stop thief!"—I went towards them, and they separated—I stopped the prisoner—the other man jumped over a low wall, and got into a shrubbery, pursued by Gurr, who failed to apprehend him—the prisoner said that he had just come from London, from the Victoria Theatre—we were followed by another man, who threw stones at us, two of which struck me on the hand and shoulder—he called to the prisoner to make his escape—Gurr pursued him.
Cross-examined. Q. Did the prisoner go quietly to the station t? A. Yes—he was four or five yards behind the other man, and he was running when I stopped him.
JOHN HARRISON ALLAN . I live at 1, St. John's Road, Lewisham Road, in the parish of St. Paul, Deptford—on Wednesday morning, about 3 o'clock, I was called up by the police—I examined the back drawing-room window, which leads into the garden, and found one window partly raised—a knife had been introduced under the catch—this knife, brought by the sergeant, corresponds with a mark on the wood and the paint.
WILLIAM ELDBED . (Policeman P 36). I examined the back garden of this house between 2 and 3 o'clock on this morning, and took the prisoner's boots with me—they had a half tip—I found on the flower-beds marks made with a boot with a half tip—I made an impression by the side of them with the prisoner's boots, and it corresponded in length and breadth, and in the half tip—I traced the marks to the stone steps, leading to the back door—the prisoner gave me an address; I found the street, but no one answering the name and description.
Cross-examined. Q. Is it an uncommon thing for a labouring man to have a tip on his heels? A. No—I called up Mr. Allan, and examined the window; the catch was put back apparently by some sharp instrument, and there was a mark which I compared with the knife, and saw that it was made by something with one edge thicker than the other.
MR. BRINDLEY. Q. Did you measure the size, and length, and breadth of the boot; and did they correspond, as well as the half tip? A. Yes.
GUILTY .— Two Years' Imprisonment.
240. SAMUEL SETFORD (15), and HERBERT FULLER (18) , to breaking into the school house of William Henry Pritchett, and others, and stealing one box and 25s., their property.— SETFORD — Nine Months' Imprisonment. [Pleaded guilty: See original trial image.]
FULLER— Judgment respited [Pleaded guilty: See original trial image.].
Before Mr. Justice Keating.
MR. MOODY. conducted the Prosecution; and MR. WOOD. the Defence.
The prisoner, having stated in the hearing of the Jury that he was GUILTY . of unlawfully wounding, they found that Verdict.
Four Months' Imprisonment.
Before Mr. Common Serjeant.
MESSRS. POLAND. and GRAIN. conducted the Prosecution.
JAMES BRANNAN . I was formerly a police officer; I am now employed by the Treasury in detecting offenders against the Coin Laws—on 27th December, I was passing along High Street, Borough, with Fife and other officers, and saw the prisoner coming towards me—he appeared to touch a female with his elbow; she held back, and he passed by me—I recognized him, followed him back, touched him, and said, "Halloa, George"—he said, "Yes. Mr. Brannan?"—I said, "What are you doing here; have you any counterfeit coin about you?"—he said, "No"—Fife and Leather came up, and I saw Leather take from his pocket two packets, sealed—on opening one,
I found ten shillings, with tissue paper lapped between them, to prevent friction—I said, "Well, Mr. Crawcott, you will have to account for the possession of these things"—he said, "All right, Mr. Brannan"—I examined the other package at the station; it contained ten shillings which had undergone the process of slumming, to take the bright hue off and make it as if it had been in circulation—the prisoner refused his address, but gave his name John Jones.
Prisoner's Defence. A man gave them to me, and told me to carry them.
GUILTY . He was further charged with having been before convicted at this Court of a like offence, in January; 1867, to which he
PLEADED GUILTY . ** Seven Years' Penal Servitude.
Before the Recorder
MR. BRINDLEY. conducted the Prosecution.
ANDREW DUTHIE . I had been staying at the Sailor's Home, and on the 19th December I left that home, with a porter, who carried my chest containing my clothing, &c.—I was taken to the Hermitage Stairs, and from there to the Union Stairs—I saw the prisoner and another man at the Union Stairs—I engaged them to take me to the Dundee Boat for 3s.—they took me across, and upon landing we all went to a public-house—I was a "little fresh"—I had seven sovereigns in one pocket and some silver in the other—I did not put it out in the public-house—I treated the prisoner and the other man to two glasses of ale—I left my things in the boat—on leaving the public house, we went down the stairs again, and as soon as I got at the foot of the stairs I was knocked down by one of the men, but I cannot say which—I was kicked in the face, and stunned for a little—my money was taken out of my pocket, and they jumped in the boat and pulled away—I felt them take the money out—it was safe in my pocket when in the public-house—my box was in the boat—I called after them—I afterwards saw a constable, and gave him information—when I went to Leman Street station I gave a description of the men—I do not know the officer's name—the prisoner is one of the men who assaulted and robbed me—to my knowledge there was no one there standing by me, except those two men.
COURT. Q. Did you get your things again? A. No.
MR. BRINDLEY. Q. You nave seen your chest since, have you not? A. Yes—there were a few books and a few articles left.
Prisoner. Q. How long were your things down in the waterman's boat? A. Two hours—I was in the public-house during that time—I cannot tell who I was with—I do not know which of the four porters took my things down; one of them did—I did not pay them 4s.—I did not pay the boatman anything for keeping my chest two hours—I paid 2s., three times—I was not drinking during the whole two hours.
Prisoner. You spent 37s. in lemonade and brandy.
COURT. Q. Did you spend 37s. in lemonade and brandy? A. No.
Prisoner. From the China ship you went down the Union Stain, and you paid the porters 4s. more, did you not? Witness. No—I can swear positively that you are one of the men—I was in Wapping along with a policeman in disguise, but I did not see you.
JOSEPH WHITE . (Thames Policeman 84). I took the prisoner into custody at the Union Stairs, on the 23rd September—I told him I should take him into custody for robbing and assaulting a sailor—he said he knew nothing of it—I have seen him in a boat about there, but not as boatman—he was not a waterman—the prosecutor gave me a description of him.
COURT. Q. Did you see the prisoner on the night of the 19th? A. No, I did not—he gave information on the Tuesday.
HENRY WILSON . I am a waterman, and live at 5, Red Brick Lane—on this Saturday night, the 19th December, I was at the Hermitage Stain—about 7 o'clock the prosecutor came to me and engaged my boat—that were some porters there—I cannot say whether the prisoner was there—a chest with a bag lashed at the top was put in my boat—they were in my charge for about two hours, and then two or three porters took them away—I cannot speak to them, because it was dark—they took it out of the boat—Hermitage Stairs is about two minutes' walk from Union Stairs—I should think the prosecutor was about two "half-and-half" at 7 o'clock—I saw him again at 9 o'clock, and he did not seem to be much the worse—I should think he knew what he was doing.
Prisoner. Q. Did he pay you for minding the things? Witness No—I saw that he was "half-and-half" and I thought I should have more trouble and bother to get my two shillings than they were worth, so I let him go—I made my boat fast, and went home—I cannot swear that I saw you there.
A. JUROR. Q. Did the prosecutor object to pay? A. He made a slight objection.
MR. BRINLEY. Q. Did he say he had paid the porters? A. Not in my presence.
Prisoner. Don't you know every one of the porter's names? Witness. I know many of the porters' names, but I don't know them in the dark—I have people in my boat every moment in the day—it was dark, and I really could not distinguish any features—I never moved from my boat while the, things were in my charge.
GUILTY . **
He teas further charged with having been convicted of felony on the 28th August, 1867, to which he
PLEADED GUILTY.— Ten Years' Penal Servitude.
MR. POLAND. conducted the Prosecution.
JOHN HOLE . I am a confectioner, at 72, Newington Butts—on 24th December last, the prisoner came to my shop and asked for a glass of lemonade; the price was a penny—he gave me a bad shilling—I asked him if he had any more—he said, "No; I got that from a bus just now—I changed a half-crown, and got the shilling in change"—he then gave me a penny—I sent for a constable, and gave him into custody, and gave him the shilling.
him—he said he was not aware that the shilling was bad—he gave his name and address, which I found was correct—he was remanded until the 26th December, and then discharged—this is the shilling (produced).
GEORGK ALLEN SANDERSON . I am a beer retailer, at 26, East Street, Lambeth—on 1st January, the prisoner came to my house, with another man; he asked for a pint of ale—I served him—he gave me a bad florin in payment—I asked him where he got it—he said at the Horns, Kennington—he said he had received it in change for a half-crown—I said I should detain him—he wanted me to cut the florin in half—I went to the door and found two constables, and gave the prisoner into custody—I gave the florin to one of the constables.
WILLIAM WOODWARD . (Policeman L 48). On 1st January, the prisoner was given into my custody, and I received a bad florin from the last witness—I found on the prisoner three shillings, two sixpences, and three half-pence in copper—there was another man with him, but he was discharged—the prisoner gave the name of Smart, but refused his address.
Prisoner. I said at the station that you had got my address in the book.
Prisoner's Statement before the Magistrate. "I got the shilling and gave it to Mr. Hole, in change of a half-sovereign at Wickham Street. Yesterday week, I met one of my mates and told him I had been charged for a bad shilling. He said he had two bad pieces, a florin and a shilling, and asked me to buy them. I bought them, from curiosity, for 1s. 6d. I went home and burnt the shilling, because my aunt said I should get into trouble if I had bad money on me, and said one piece is nothing. I went into a public-house house to have some ale, and by mistake put down the bad florin."
Prisoner's Defence. That is correct. I told my aunt to find out the young man I got it from.— GUILTY .— Nine Months' Imprisonment.
246. DAVID SOPER (47), and THOMAS EPPS (22), PLEADED GUILTY . to burglariously breaking and entering the dwelling-house of Joshua Jones, and stealing six coats, twelve waistcoats, and other articles, his goods. SOPER also PLEADED GUILTY to having been before convicted at Windsor on 2nd November, 1852.
247. DAVID SOPER and THOMAS EPPS were again indicted for burglariously breaking and entering the dwelling-house of James Williams, and stealing two pairs of shoes, two coats, a screw driver, and other articles, his goods.
MR. GRIFFITHS. conducted the Prosecution.
JAMES WILLIAMS. I am vicar of St. Giles, Camberwell—on the 20th December last, I went to bed about 11 o'clock—about 3 o'clock in the morning I was awoke, and saw the backs of two men, in a stooping position—I did not hear them come into the room—they were in the act of opening one of the drawers with a screw driver—I had two pistols—these drawers were locked—there was a gold watch in one, not a very valuable one—I did not see the men's faces—the prisoners resemble them in dress—they had similar coloured clothes—I jumped out of bed at once—the prisoners walked off
just as I landed on the floor, and were gone directly—I got hold of the two pistols, rushed down after them—I did not follow them down far—I believe they did not go down the staircase—I eventually found the back door open—the window on the second floor was pointed out to me afterwards by the I housekeeper—it was open a little—there were bars to the window about 8 inches apart—I examined the drawers in the bedroom afterwards—then were marks on them; they appeared to have been made by some instrument—I don't think it was by my screw-driver—I went into the back dining-room, that is below the bedroom—I found this bar (produced)—there were marks on it—when I went to bed there were two screw-drivers in the dining-room, on the mantelshelf, and a powder flask in front of them—when I came down one of the screw-drivers was on the table—I saw the screw-driver afterwards; that was found in Mrs. Jones' house—I am positive it is mine—it has been in my possession for some years.
ELIZA DOWNING . I am housekeeper to Mr. Williams—on 20th December I went to bed about 11.30—I fastened the house up perfectly safe—I fastened the back door with a lock, and chain, and bolt—the back window fastening was broken, but the window was shut close—I was awoke about 3.30 by a noise of footsteps rushing down the back staircase—I got up, and saw a light burning below—I went into the rooms, and found them in a disturbed state—I know this penknife (produced)—it was taken fan my work-box from my sitting-room on Sunday night, or morning of the 21st—I also missed a thimble from the same box.
JAMKS DAVIBS . (Police Inspector P). The prisoners were brought to the station on 25th December—I produced a screw-driver given to me by Aplin, and showed it to the prisoners—I said, "This screw-driver was found in Mr. Jones' house, and it will be the means of bringing another charge against you, I have no doubt"—Epps said, "I think you are adrift there"—Soper said something I could not hear—on 26th December I searched a room at 17, South Street, Camberwell—Soper gave me that as his address—I found this penknife that has been produced, in a cupboard, as if concealed.
JAMES APLIN . (Policeman P 186). I took the prisoners into custody on the 25th, in the house of Mr. Joshua James, Southampton Street—I found the screw-driver in the front room, which Mr. Williams has identified—I compared it with some marks on the boxes and sideboard at Mr. Jones', and they corresponded—I gave the screw-driver to Davies.
Soper's Defence. The knife that was found in my room was given to me on Tuesday morning by Epps—the screw-driver I never saw, and know nothing about it.
Epps' Defence. I found the knife and screw-driver on Tuesday morning, and gave the knife to Soper.
GUILTY .— Eighteen Months' Imprisonment each.
ADJOURNED TO MONDAY, 1st FEBRUARY, 1869.