CENTRAL CRIMINAL COURT
J. C. LAWRENCE, MAYOR.
FIFTH SESSION, HELD MARCH 1ST, 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, March 1st, 1869, and following days,
BEFORE THE RIGHT HON. JAMES CLARKE LAWRENCE, M.P., LORD MAYOR of the City of London; Sir WILLIAM FRY CHANNELL, Knt., one of the Barons of Her Majesty's Court of Exchequer; THOMAS CHALLIS, Esq., THOMAS QUESTED FINNIS, Esq., Sir WILLLIAM ANDERSON ROSE, Knt., WILLIAM LAWRENCE , Esq., M.P., 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; THOMAS DAKIN, Esq., ROBERT BESLEY , Esq., ANDREW LUSY, Esq., M.P., SILLS JOHN GIBBONS, Esq., and DAVID HENSY STONE, 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 Sheriffs Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
WILLIAM JAMES RICHMOND COTTON, Esq., Alderman.
CHARMS WILLIAM COOYWORTIIY HUTTON, Esq.
ALEXANDER CROSLEY, Esq.
ROBERT SLER, Esq.
CENTRAL CRIMINAL COURT.
J. C. LAWRENCE, MAYOR. FIFTH 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, March 1st, 1869.
Before Mr. Recorder.
MR. LEIGH. conducted the Prosecution.
HENRY SEYMOUR . I live at 7, James Street, Somers Town—on Saturday night, 23rd January, I was standing on the footpath near the bridge in the City Road—I saw the prisoner there, running about the road—I suppose he had a knife in his hand, for he cut my throat and ran away—he did not say anything—I had not had any dispute or quarrel with him—I had never seen him before—I had no companions with me, I was by myself—I was standing quite still—the prisoner ran up and cut me; I expect it was done on purpose—I had seen him running about the road about two minutes before—I did not see him quarrelling with anyone—he had his coat and hat off—he was not drunk, that I know of—I was taken to the police-station, and the doctor attended to me—I saw the prisoner at the station; he appeared sober then.
Prisoner. He and his companions, the other witnesses, live in the same neighbourhood. Witness. I know them, but I was not with them—I had seen them at the theatre that night, but had no talk with them.
GEORGE EAST . I live at 37, Middlesex Street—I was in the road on this night, not with last witness—I heard someone call out to the prisoner, "Tom, pull out your knife"—I saw the prisoner running about the road with a knife in his hand—he fell, and I fell on the top of him, and his knife cut me a little just at the side of the face—I took hold of the knife, and tried to get it from him—I did at last get it from him—he then got up and ran away—the next time I saw him he was in custody—there was no row, that I know of—the prisoner had his coat and hat off.
Prisoner. I took the knife away from a girl who was with the prosecutor. Witness. I did not see him take it from anybody—I did not see him pull out the knife; I saw it in his hand—I did not notice Seymour there at all—I first saw the prisoner on this side of the bridge, just against the coal depot, and a few minutes afterwards I saw him running across the road—there was
a crowd, and he in the midst of it—they were not saying anything to him, that I know of—I took the knife from him to prevent his doing anything to anybody else.
MICHAEL COOLEY . I live at 67, Isaacs Place, Somers Town—I was passing at this time—I saw the prisoner with some others, talking together—the prisoner swore at me, and struck me in the mouth, and took off his coat and hat to fight me—I saw him pull a knife out of his pocket—he then ran away—I saw him run to Seymour with a knife, but I did not see him do anything to him.
Prisoner. This was the first beginning of the row—he ran away with my hat. Witness. I did not; I never touched him—I and two more were going home—he came up and swore at me, and said, "Who are you talking to?"—I said, "I am not talking to you;" and he up with his hands and hit me in the mouth—I was not larking—I was not with Seymour.
EDWIN SMITH . I live at 22, Aldenham Street, St Pancras Road—I happened to be coming by at the time of this disturbance—I went to see what it was—I saw Cooley and two more young chaps walk by—the prisoner and two or three others shoved up against him, and he turned round and made use of bad language, and struck him in the mouth, took off his coat, and said he would fight the best man in the company—another person, a stranger, had a fight along with the prisoner, and thrashed him—his companion then said, "If you can't do it by fair means, do it by foul;" and he passed a knife to him—I saw the prisoner with the knife in his hand—I saw him go up to Seymour with the knife, but I did not see him stick him in the throat; but when he left him I saw the blood trickling down his neck—the people called out that he had a knife in his hand—the prisoner then ran across the road, he fell over the kerb, and East ran after him, and fell on the top of him.
Prisoner. This is one of the companions, there were four of them together. Witness. I work at the same station where they work, but I was not at the play with them this night—I was at the play, but not in the same compartment.
JOHN EGERTON . (Policeman N 240). I took the prisoner into custody—there seemed to be several of them quarrelling together—Seymour was bleeding from the neck—he gave the prisoner in charge—I told him he was charged with stabbing—he made no reply—he was perfectly sober—they were all sober—I received this knife from East.
FRANCIS JOHN BUCHELL . I am divisional surgeon of police—on the Sunday morning, soon after 12 o'clock, I was called to the station and examined Seymour—he had a wound on the right side of the neck, just about the level of Adam's apple—it was a punctured and incised wound, evidently the result of a stab—it extended from behind forward for about half an inch—he appeared to have lost a good deal of blood, he was very faint indeed—it was not a deep wound, it looked as if done with a blunt knife—Seymour was perfectly sober.
The Prisoner's Statement before the Magistrate. "It is all false what they say; they are all companions. The knife I took away from a girl—There were about twenty of them altogether."
Prisoner's Defence. They were all round me; the knife they took from me I took away from one of the girls; they were all on to me, and all seemed drunk.
coat off, and Cooley—they were all fighting, and there were a lot of girls there—I should think there were about 500 people there—a few gentlemen and myself went up and spoke to the police, and said they had been having a row for a quarter of an hour; the gentlemen took the number of the police—I saw them fighting on to this lad—one of them said, "Go on, give it him"—I saw that he was getting knocked about—theca were two or three girls there—I did not see any knife or any stab—I did not see the prisoner taken into custody—I think the constable (Egerton) was the policeman, but I can't be certain; a gentleman, with his wife, said to him, "I shall take your number, for not being here; there has been a row for a quarter of an hour"—I only came here to-day accidentally, to hear some of the cases.
GUILTY . ** of unlawfully wounding— Six Months' Imprisonment.
MR. COLSRIDGE. conducted the Prosecution.
MARY PETHER . I am the wife of Edward Pether, a baker, of 73, Carlisle Street—about the latter end of January, the prisoner came to the shop for a pennyworth of cake, and tendered a half-crown in payment—I put it between my teeth and found it was bad—I said, "This is a bad half-crown, and you know it"—he said, "I don't believe it is, let me look"—I did not let him have it—I said, "No, I shall not give it you back again"—he afterwards paid me for the cake with a good florin—I gave him the change and he went away—I afterwards gave the bad half-crown to the constable.
CHRISTIAN SCHWARTZ . I keep the Walmer Castle, in Stingo Lane—between 12 and 1 o'clock on Tuesday morning, 2nd February, the prisoner came and asked for a quartern and a half of gin, it Dame to 7 1/2 d.—I put it in a bottle for him, he gave me a half-crown in payment—it looked a very slippery one and I put it on one side, as I was busy—I afterwards put it in the till, where there were some sixpences and nothing else—afterwards, when I shut up, I looked at it and saw directly it was a bad one—there was no other half-crown there—I showed it to two policemen—between 7 and 8 o'clook the same evening the prisoner came in again and had a glass of half-and-half, or something of that sort—he paid for it with a penny—Samuel Barnfather was there at the time—the prisoner came again on Wednesday morning, I then gave him into custody, from something I heard.
EMILY JOHNSON . I am barmaid to the last witness—on 2nd February, between '2 and 3 in the afternoon, the prisoner came and asked for a quartern of gin, and gave me a half-crown—I bent it with my fingers—I told him it was bad—he said, "Is it?" and gave me a good sixpence—I gave him the half-crown back and he went away—I told my master.
Prisoner. Q. What kind of a chap was it that gave you the half-crown? A. Yourself—there was a glass screen between us, but it did not come down so low but what I could see you.
SAMUEL BARNFATHER . I am a bricklayer, and live at 28, Earl Street, Lisson Grove—on 2nd February, between 11 and 12 at night, I was in the Walmer Castle—I saw the prisoner there—he called me outside into the street—I went out after him—he asked me if he had got a bad half-crown, and asked me if I would change it for him—he did not say where—he showed me the half-crown—I could see it was bad—I said I would have nothing to do with it—he gave it into my hands and I gave it him back—he went away in the direction of Seymour Place—and in going there he would pass Mr. Smithers' iron foundry.
Prisoner. Q. Were you not called into the house afterwards, and asked who offered you the half-crown, and did not you say you knew nothing at all about it? A. Yes; because I did not want to be brought into it—but other persons heard you ask me, and they told Mr. Schwartz about it; and I was told I should be subpoenaed if I did not come up.
GEORGE FREDERICK WALKER . I am in the employ of Messrs Pope, tea dealers, on Finsbury Pavement—on 5th February, about 12.30 in the day, I was in Stingo Lane near Mr. Smithers' iron foundry—and I found a handkerchief with twenty-nine shillings and a half-crown, all bad—I gave it to the policeman 158—the shillings were done up in packets, with paper between them—I afterwards showed policeman 98 the place where I had found it—it was among some old iron.
JOHN JAQUES . (Policeman D 98). I took the prisoner into custody at the Walmer Castle, on the 2nd February, between 12 and 1 o'clock in the morning—I produce a counterfeit half-crown which I received from Mr. Schwartz, also one I received from Mr. Pether—I searched the prisoner and found on his two good sixpences and 5 1/2 d. in coppers—I also produce twenty-nine counterfeit shillings, and a counterfeit half-crown, which I received from Crook, wrapped up in this handkerchief—Walker pointed out to me the place where he found them—it is very nearly opposite the Walmer Castle, and about twenty yards from it—a person going from the Walmer Castle towards Seymour Place, would pass that place.
Prisoner. Q. Did you call any persons into the public-house when you took me? A. Yes—Barnfather was one of them, he pointed you out as the person who offered him the half-crown—at first he did not answer the question—but afterwards he said you were the man.
The Prisoner, in his defence, stated that he had lost his coat whilst in the company of the witness Barnfather and others on the previous night, that he accused them of taking it, and that the charge was made against him from spite.— GUILTY .— Twelve Months' Imprisonment.
MR. COLERIDGE. conducted the Prosecution.
KATS HEMMINGWAY . I live at the Bank of Friendship public-house, in Bancroft Place—on 8th February, Phelps came in and asked for a half-pint of half-and-half, and gave me a sixpence in payment—I tried it, found it was bad, and told him so—he said if it had been a two shilling piece, or a half-crown, he might have taken more notice at the time he took it; being only 6d. he did not—he paid me in good money, and went away with the 6d.—Henry Wilde was in the house at the time.
Phelps. What did I give you in payment for the drink? Witness. A shilling, I believe.
HENRY WILDE . I am a printer, at Mile End—on 8th February I was at the Bank of Friendship public-house when Phelps came in—I saw him give 6d. to last witness, and saw her return it to him—she bent it, and said, "This is a had one"—he said, "Oh, is it, I will give you another
one"—he had got it in his hand—I said, "Let me look"—he said, "What do you know about it?" or something of that sort—he paid with good money, and received 5d. change in coppers, and went out—I followed him, and saw him join Bowen and another outside—they walked along some little distance together, then they separated—as they were walking along I saw Phelps pass something to Bowen; he then went on ahead for some little distance—I afterwards saw Phelps go into the Britannia public-house—Bowen and the other man walked on ahead, but kept within sight of the Britannia—after Phelps came out, I went in, and asked them something, and the landlord showed me a bad sixpence—I afterwards saw the prisoner given in custody—the other man went away.
Phelps. When I came in, what did I call for? Witness. A pennyworth of gin—I believe you afterwards gave a good sixpence in payment, because you said, "I have got another one"—I pointed you out to the policeman about eighty yards from the Britannia.
JOHN STRETCH . I keep the Britannia beer-house, Mile End Road—on 8th February Phelps came in, between 1 and 2 o'clock, and asked for a pint of four half-and-half, and gave me 6d. in payments—I put it in the till—there was no other sixpence there—I gave him 5d/. change—soon after, the last witness came in, and in consequence of what he said I looked in the till—I found a bad 6d. there, and no other; it was the one Phelps had given me—I gave it to the constable.
DANIEL COLE . (Policeman K 287). On 8th February, in consequence of something said to me, I went after the prisoners and the other man—I came up to them in the Mile End Road, about 200 yards from the Britannia—I took the prisoners; the other man got away—I charged Phelps with uttering a bad sixpence—he said he did not know it was bad—at that time he was carrying a basket with five penny pieces in it, and he had a good sixpence in his hand, which he gave up at the station—on Bowen I found two shillings' worth of copper money, and five good sixpences in a piece of tissue paper—it had an impression of it the size of a sixpence—I was showing it to the inspector, when Bowen picked it up, put it in his mouth, and ate it.
Phelps' Defence. I never was in the house in my life.
Bowen's Defence. I was passing by. I know nothing at all about it. I never was in this man's company, and never knew him.
GUILTY .— Twelve Months' Imprisonment each.
MR. COLERIDGE. conducted the Prosecution.
ADA MARIA BLACKMAN . I am the wife of William Blackman, a linen draper, of Belle Vile Terrace, Seven Sisters Road—some time in January, the prisoner came to my shop and asked for one or twopennyworth of darning cotton—he tendered a shilling, I gave him sixpence, and a three-penny piece in change, and he went away—I put the shilling in the till with some other shillings, I observed that it looked very bright; there were on other very bright shillings in the till—my husband came in a few minutes afterwards, and I took the shilling out of the till, and showed it to him; he said it was bad.
Prisoner. I don't know where the young woman's shop is; in fact, I have never been inside of it.
WILLIAM BLACKMAN . I am the husband of the last witness—early in January, I recollect finding a bad shilling in my till—I had gone out that morning, about 10 o'clock just previous to going out I had examined the till, and looked through all the money—there was no bad money there—I returned in a quarter of an hour or twenty minutes, and in consequence of what my wife told me, I went to the till and found the bad shilling; it was a very greasy looking one, and rather dark—I bent it, and afterwards gave it to the constable Y 269.
JOHN HUTT . I am a butcher, of No. 1, Flower's Place, Holloway—about the middle of January, the prisoner came to my shop and asked for a quarter of a pound of beef sausages, which came to five farthings—he gave me a shilling in payment; it was bad—I asked if he had got any more of them—he said "Yes, here is another one for it," and he gave me a good one instead—I told him he had been there before, several times, passing bad money, and if he came again I would have him locked up—I let him go then—he said he had never been in the shop before—I broke the shilling in two; I lost one bit, and gave the other bit to the police—I can't say that he had been there before, but bad money had been taken before.
ELIZABETH CROSS . I am a widow, and live at 48, Penton Street, Pentonville—I manage a sewing machine depot, and keep a stationer's shop—on 16th February, the prisoner came and asked for a penny valentine, and gave me a bad shilling; I told him it was bad—he said he thought it was good, he had got it from his master—I asked where his master lived, and his name—he would not tell me his proper address, only that he was a fishmonger in Billingsgate; he did not know his name—I sent for a constable and gave him into custody—I gave the shilling to the constable.
ALBERT DOUNCEY . (Policeman 269). I took the prisoner into custody on 16th February—I charged him with uttering, he made no answer—I received a counterfeit shilling from the last witness, which I produce, also one I received from Blackman.
GUILTY. Recommended to mercy by the Jury. Judgment respited.
The officer stated that the prisoner had been dealing with counterfeit coin for some time, that his father had been convicted of uttering, and his brother was undergoing imprisonment for burglary.
CARLOS PLEADED GUILTY .— Twelve Months' Imprisonment.
JANE COOPER . I live at the Orange Tree, Isleworth, with my father, who is a licensed victualler—on 8th February, between 5 and 5.30, I served Davie with a half-pint of beer, and a pennyworth of tobacco—he gave me a shilling—I put it in the till on the top of some half-crowns—there was no other shilling on the top, but there were others in the till—I gave him the change—I went into the next room, my father said something, and took a shilling out of the till—my father tested it, and took it to the station—I afterwards looked in the till and found another shilling—they were both marked in my presence—I had not put any money into the till afterwards.
THOMAS COOPER . On 8th February, about 5.30, I saw Davis go out of the house—I had served him with a pipe—Carlos immediately came in for three pennyworth of rum—I served him—he gave me a shilling, and I gave him 9d. change—I put the shilling in the till—my father came in and lit the gas—Carlos then went out—my father took two bad shillings from the till, and gave them to the constable.
GEORGE ROBINSON . I am a victualler, of Brentford End—on 8th February Carlos came in for a glass of cooper—he gave me a shilling—I tried it; it was bad—I bent it, put, it on the counter, and told him it was bad—the price of the cooper was 1 1/2 d.; he had drunk it—he said he had only got a penny, which he put down, and took the shilling up—I went out after him, and asked him to come back; he did so—I afterwards followed him into the town, and saw him join other persons, but they were too far off for me to know whether they were the prisoners.
SARAH HUTTON . I am the wife of James Hutton, a grocer, of Hounslow—on 9th February I served Davis with half a loaf and a quarter of a pound of cheese—he gave me a florin—I gave him 1s. 7 3/4 d. change, and kept the florin in my hand—he asked me for a knife—I went into the inner room, and showed the coin to Mr. Turner, who came into the shop, and bent it in Davis' presence—Davis picked it up—Turner asked him how many more he had—he said, "None"—he left the shop, and Trner followed him.
JOSEPH TURNER . I am a carrier—on 9th February Mrs. Hutton showed me a florin—I put it between my teeth, and asked Davis how many more he had, bending it in his presence—he said none, he only had a penny—I went to the Rose and Crown public-house, and Elisabeth Wiggins showed me a bad florin, which she took from the till—I handed it back to hes—I had seen the other prisoners in company—I gave information to the police—I saw them first at Mrs. Hutton's—I had seen Carlos go in there.
ELIZABETH WIGGINS . I am the daughter of Thomas Wiggins, a licensed victualler—on 9th February, about 6.30, I served Carlos with a glass of port wine—he gave me a florin—I put it in the till, and gave him change—there was no other florin there—Mr. Turner came in directly, and from what he said I took the florin out and gave it to him, and spoke to my father.
SAMUEL YATES . (Policeman T 145). On Tuesday morning, 9th February, I went to the Rose and Crown, and saw Holmes and Carlos in the bar—I assisted in apprehending them—I searched Carlos, and found two sixpences and a shilling, good—I received this bad shilling (produced)—Holmes gave his address, 18, King Street, Highbury Barn; there is no such place—Carlos gave his address, 1, Broad Street, Bloomsbury; there is such a place, but he is not known there—Davis gave his address at a terrace in Westminster, but I could not find it.
WILLIAM ROBINSON . (Policeman T 109). On 9th February I received information, went to the Rose and Crown, and found Yates, Carlos, and Holmes there—I searched Holmes, and found four shillings, two sixpences, and eight pence, all good.
information at Hounslow, went to the Clyde beer-shop, and saw Davie—I asked if he had any bad money about him—he kept his hand in his pocket—I could not get it out—we had a struggle, and he dropped a florin on the fire, from the hand which came from his pocket—it melted almost in a second—I had seen him in the street, talking to the other two prisoners, a few minutes previously.
Holmes' Defence. I don't know these two prisoners.
THE COURT. considered there was no evidence against
HOLMES— NOT GUILTY .
DAVIS— GUILTY .— Twelve Months' Imprisonment.
The following prisoners PLEADED GUILTY .
315. EDMOND LANCELY (27) , to feloniously forging and uttering a request for the delivery of goods, with intent to defraud; also, to obtaining 1 1/2lb. of beef by false pretences, and obtaining 14s. by false pretences— Twelve Months' Imprisonment. [Pleaded guilty: See original trial image.]
316. JOHN WALKER (18) , to burglariously breaking and entering the dwelling-house of Ann Eve, and stealing two blankets, two sheets, and other articles, having been before convicted— Eighteen Months' Imprisonment. And [Pleaded guilty: See original trial image.]
317. EDWIN JAMES MARSON (29) , to embezzling and stealing the sums of 8s., 2l. 8s. 3d., and 4l. 10s. 3d., of our Lady the Queen; also, to obtaining, by means of false pretences. Recommended to mercy by the Officers of Customs, and by the prosecutor in the second case— Nine Months' Imprisonment. [Pleaded guilty: See original trial image.]
NEW COURT.—Monday, March 1st, 1869.
Before Mr. Common Serjeant.
MR. CRAUFURD. conducted the Prosecution; and MR. WOOD. the Defence.
JOHN ROSS . I keep a stationer's shop, with my mother, in Anchor Street, Notting Hill—about the middle of November the prisoner came in for a pennyworth of writing paper and envelopes—he handed me a florin—I looked at it, and he said, "Do you think it is bad?"—I said, "I do not know"—he said, "I have had some bad money myself lately"—I gave him change and he left—I put the florin in a box, there was no other florin there—I saw it again next day, in the evening—I had put some silver in, but no florins—I went to the box the next morning, took the florin out and gave it to Charles Brown, to pay for some cards—he brought it back next morning, and it was bad—I cannot say whether it was the same—I kept it by itself, and next day the prisoner came again for some paper and envelopes, and gave me a half-crown—I put it into a box where there was no other—I gave him the change and he left—next day I took some silver
across to the butcher opposite, who said that one of the half-crowns was bad—I can't say where I got it—on 4th December, the prisoner came again for two pennyworth of paper and some envelopes, he gave me a florin—I went down to my mother, who followed me into the shop, and I said that I would go and get change—he said, "Here is a shilling"—I said, "Never mind, I will go and get change," and I went out, but looked back and saw the prisoner knocking my mother about—I went back—he knocked her down and ran away—I followed him, but he got away—I saw him in January, at Westminster station—I kept the florin and handed it to the police sergeant.
Cross-examined. Q. Did you put the first florin into the till as good? A. Yes; among other money—I had no reason to doubt the half-crown being good, and put that into the till.
CHARLES BROWN . I am a fancy stationer—on a Sunday night, in November, Rose gave me a florin for some goods—I took it home and placed it on the mantel shelf by itself, and in the morning I gave it to Eliza Jackson to get some tissue paper—it was the only florin I had—she shortly brought it back, and I found it was bad—I saw that it was the same, by the look of it—there was a peculiar look about it—I took it back to Mr. Rose.
Cross-examined. Q. Did you examine it before you gave it to the girl? A. I saw that it looked rather dull, but did not know it was bad—I sleep and live in the room where it was put on the shelf, and my wife and child.
ELIZA JACKSON . I am fourteen years old, and work for Mr. Brown—in November he gave me a florin to buy some paper—I went to Stacey's, in the New Road—a gentleman there asked me to go and get the florin changed—I took it to a public-house and they said it was bad—it was never out of my sight—I am sure it is the same—I took it back.
Cross-examined. Q. How long was it out of your hand? A. Three minutes, behind the bar.
LOUISA ROLLS . I am the mother of the first, witness—he brought me a florin into the kitchen—I tried it, and found it was bad—I followed him up into the shop, and found the prisoner there—my son said to him, "I will go out and get change"—he said, "Here take this," and gave him something; but my son said, "Never mind, I will go and get change"—as soon as he started the prisoner tried to get away—I tried to pull him back—he struck me in the face twice, knocked me down, and escaped.
Cross-examined. Q. Did you see him again for six weeks? A. No—I had never seen him before.
GEORGE HERBERT . (Policeman X 10). I heard that the prisoner was in custody, and having a description of him, I went and found him at the Police Court, Westminster—I took Rolls there, who picked him out at once from three others—I told him he was charged with uttering counterfeit coin in Orchard Street—he said, "Orchard Street, I do not know where it is"—he was in custody on another charge, but I had known him for years.
GUILTY . **— Twelve Months' Imprisonment.
MR. CRAUFURD. conducted the Prosecution.
half-an-onuance of tobacco which came to 1 1/2 d.—he gave me a half-crown—I called my father and gave it to him—he spoken to the prisoner, laid down the half-crown, and ran after him—it remained there till he came back and took it.
CHARLES PALMER . I am the father of the last witness—she called me into the shop on a Friday about the end of January, and gave me this half-crown—I saw that it was bad, and asked the prisoner where he got it—he said he did not know, and offered to pay with good money, but would not give it to me until I returned him the bad, which I refused to do—I tested it—he said, "Do not spoil it, because I can get it changed"—that made me suspicious, as he said that he did not know where he got it—I told him I should give him in charge—I had to serve somebody else, and he went out with the tobacco—I laid the half-crown on the desk, and went after him, locking the door of the room—I went out, gave the prisoner in charge, and came back, and gave the constable the half-crown.
WILLIAM BARNES . (Policeman S 160). I took the prisoner, and received the half-crown from Palmer—I searched the prisoner at the station, and found 17s. 8d. in good silver, 1s. 6 1/2 d. in copper, and a quantity of rosin and chalk in an inside pocket—one of the half-crowns was bad—he said, "If there is another bad half-crown you have put it there"—he gave a false address at the Police Court.
Prisoner. It was not rosin, it was a bit of raw potatoe.
WILLIAM WEBSTER . These two half-crowns are bad, and from the same mould—I know of no object in keeping rosin with bad money, but it can be used in coining, to clear the dross of the metal—it would make the coin sticky by being in the pocket—chalk would do away with the greasiness, but in connection with the rosin it would leave a stickiness.
The Prisoner't Statement before the Magistrate. "I gave Mr. John Colaon 8s. to keep for me, for I was getting drunk. On Thursday he gave them to me, and among the money were two half-crowns. I changed a sovereign on Friday night."
JOHN COLSON . I am a publican, of King Street, Long Acre—I was called by the prisoner as a witness at the Police Court, and heard him make the statement, he had given me 8s. to keep for him—I kept it apart, and on Thursday gave him back the identical coin he had given me, seven shillings and two sixpences—he had been at my house the previous Saturday night—I cannot say what coin he gave me, but I found a bad half-crown among my money.
Prisoner. How long have you known me? Witness. Many years—I know nothing against your honesty—you are a navvy—you had not been at work for some days.
Prisoner's Defence. I cannot tell how I got the money—I have people outside who have known me thirty years—I always got my living honestly.
The Prisoner received a good character.
GUILTY .—Recommended to mercy by the Jury— Four Months' Imprisonment.
ANN RYMER . I am barmaid at the Duke of York, Gloucester Street—on 30th January, at a little after 7 o'clock, the prisoner came in, with a shorter woman—one of them asked for a half-quartern of gin—they both drank of it—the other woman gave me a florin, which I put on a shelf
behind the bar, and gave the change—I cannot Bay which of them took it up—they left, and shortly afterwards I looked at the florin, it was bad—I gave it to my master, who bent it—on 2nd February they came again, and I recognized them—one of them called for a half-quartern of gin and raspberry—the little one put down a florin—I tried it and found it bad—I said, "You are the two girls that came in on Saturday"—the little one ran away—I rushed across the counter and caught hold of the prisoner—she said, "I am innocent"—I gave her in charge, with the florin.
Prisoner. I was not in the house on the Saturday. Witness. I am sure you are the person.
MARIA PARKER . I am barmaid at the Duke of York—on 30th January, about 7 p.m., I saw the prisoner and a shorter woman served by the last witness—I looked at the florin on the shelf, found it was bad, and showed it to her—on 2nd February they came again, and I called the last witness immediately.
Prisoner. It is false, I was not in the house on Saturday.
EMILY SUSANNAH ALDERMAN . On Saturday, 30th January, the prisoner and a shorter girl came to the Red Lion—the short one called for a half-quartern of gin, or rum, and gave me a bad florin—I said, "Where did you get this?"—she said, "A gentleman gave it to me up the road"—I bent it a little, put it down, and the prisoner took it away—the other one said, "You should look at your money"—they both drank, and the prisoner paid with good money—they went away together.
Prisoner. I have never seen you before.
Prisoner's Defence. I am an unfortunate girl I met a young woman, who took me into the public-house, and put down a florin, and I was given in custody.
GUILTY . **— Eighteen Months' Imprisonment
OLD COURT.—Tuesday, March 2nd, 1869.
Before Mr. Recorder.
MESSRS. DALY. and DOUGLAS. conducted the Prosecution; and MR. DIGBY.
SEYMOUR, Q. C, with MR. RIBTON, the Defence.
In this case the Jury, being unable to agree, were discharged without giving any verdict, and the case vas postponed until the next Session.
MR. COOPER. conducted the Prosecution,.
WILLIAM HENRY BRIDGER . I am a licensed victualler, and keep the Green Dragon Hotel, Bishopsgate Street—the prisoner had been in my service nearly two years, as barmaid—I had complaints of gentlemen losing money, for tea or eleven months, in consequence of which I marked a half-sovereign, two sixpences, a shilling, and other money, amounting altogether to 17s. 6d.—I gave the money to Mr. Pritchard, a gentleman who frequently comes to my house—I gave it him about 12 o'clock, as he was
going to bed—next day be made a communication to me, and I sent for a police officer, and sent for the prisoner and another barmaid—the other barmaid had only been in the service about three months—I said, in their presence, that I had received a complaint from Mr. Pritchard of his having lost money; that considerable sums had been lost, and I felt it my duty to take steps, and I had marked some money for him to put in his coat pockets, and that 11s. of the money had been missed; and I ordered the officer to search the prisoner's box—the officer went up stairs—I followed him up—I saw him find, in a little box, the half-sovereign and the shilling that had been marked—this is it (produced)
JOHN PRITCHARD . I am inspector at the National Provincial Bank—I went to the Green Dragon on the 24th February—I had the marked money given to me by the landlord—I placed it in my overcoat pocket—next morning, before leaving the hotel, I saw the money safe—I returned about 4 o'clock, and went immediately to my coat pocket, and missed A half-sovereign and a shilling of the marked money—this is it.
ANTHONY WILSON MONGER . (City Detective 999). I was called to the Green Dragon, and saw the prisoner and another barmaid in a room there—I told the prisoner I was a detective officer, and Mr. Bridger had complained about losing money, and several of the gentlemen had complained to him about losing money from their pockets—she said she knew nothing about it—I then told her that I should search her box, and asked what she had in her pockets—she produced her keys, and on going up stairs she stopped me, and said, "Will my master transport me?"—I said, "I do not know anything about that, we will go up into your room"—she said, "I have only 13s. in my box, and that is a portion of my last quarter's wages"—she told me the money was in an envelope—I gave her the keys, and she unlocked the box herself—I found, in a small box, loose, a half-sovereign and three shillings—I examined the money, and found it was marked—I then sent for Pritchard—she said, "I did not steal the money, someone else must have put it in my box"—I then asked her where her keys had been all day, and she said, "In my pocket."
Prisoner's Defence. I did not take the money, or put it in my box.
GUILTY .— Twelve Month's Imprisonment.
323. WILLIAM RICHARD STEPHENSON (16) , PLEADED GUILTY . to feloniously forging and uttering a request for the delivery of a cheque-book; also to forging and uttering two cheques for 50l. and 10l., having been before convicted of felony— Seven Years' Penal Servitude. And
324. JOHN WILLIAM HALL (20) , to seven indictments for forging and uttering warrants and orders for the delivery of goods, and one indictment for stealing five dock warrants, of John Kingsley Hooper and another, his masters. Recommended to mercy by the Prosecutor.— Eighteen Months' Imprisonment [Pleaded guilty: See original trial image.]
HOLT PLEADED GUILTY .— Eighteen Months' Imprisonment.
HOFFMAN.— NOT GUILTY .
MR. COOPER. conducted the Prosecution.
the 21st or 22nd last September, the prisoner called on me, and I gave him an order for an insertion in the Business Directory, and gave him 9s.—he gave me this receipt (produced)—it is in his writing—it does not mention the date.
GEORGE BISHOP . I am clerk to Johnson & Co., 80, Alderagate Street, jewellers—I paid 16s. to the man who wrote the name of the firm on the back of this receipt—I can't recognize the prisoner as the person—it was on the 21st September.
WILLIAM JENKINSON . I have seen the prisoner write, and know his handwriting—the signature on the back of these receipts are his writing—I am in the employment of Mr. Morris—it was the prisoner's duty to account to me for these sums—he has not accounted for any of them or paid them to me—he has not accounted for 9s. paid by Mr. Dow, nor 6s. from Mr. Robinson—he ought to have paid them over to me on a Saturday—he paid no money since the 19th September—he reported having received the money, but he never came to pay it—the plan was to account to me daily, and then at the end of the week to pay in the money—he went away before the end of the week—the accounts were delivered by post every morning—his salary was 30s. a week to commence with, but it was to be 3l.
JAMBS WILLIAM ROBINSON . I am a bullion dealer, at 100, Aldersgate Street—on 22nd September last, I paid 6s. to a man who wrote his name on the back of this receipt (produced) for insertion in the Business Directory.
GEORGE POWIS . I am in the employ of Mr. Morris, of 4, Moorgate Street Buildings, the proprietor of the Business Directory—the prisoner was in his employment as traveller and collector—his duty was to pay the amounts he collected into the office every Saturday—he has not paid any of these sums to me—he was in the employ two weeks—he paid in the sums for the first week, and received his salary—the second week he absconded, and never appeared at the office afterwards—he was paid by salary, not by commission.
EDWARD HANCOCK . (Detective Sergeant). I apprehended the prisoner at Manchester, on 29th January—I told him I held a warrant against him for stealing 9s. and other moneys of his master—he said, "At present I have nothing to say"—at the station the superintendent said it was rather a small sum, and the prisoner considered that it was from 15l. to 20l.—I rather think the question was put to me, but the prisoner answered it—he also said he had got himself into a mess, and should do it like a man, and should plead guilty—he said he was very sorry for what he bad done.
Prisoners Statement before the Magistrate. "I am extremely sorry for the injustice I have inflicted on my employer, and I plead guilty to the charge brought against me."
He was further charged with having been before convicted on 12th December, 1865.
JOHN BRADLEY . I produce a certificate—the prisoner is the person mentioned in it—I am sure of it—(The certificate stated that on 12th December, 1865. John Sergeant was tonvicted for forging an order for the payment of noney, and was ordered to be imprisoned for Six—there was also a conviction for obtaining money by false pretences
GUILTY. **— Seven Years Penal Servitude.
MR. LEIGH. conducted the Prosecution.
GEORGE HENRY PIKE . I am an engraver, living at 23, Carlton Terrace—on Sunday, 21st February, I was in Piccadilly—the prisoner stopped me and said, "Holloa! I know you, old pal"—he was a perfect stranger to me—he said something about standing something—I said it was too late—it was 2 o'clock on Sunday morning—we went to a coffee-stall, and he had some coffee—he followed after me and asked me the time, two or three tines—I told him without taking out my watch—I afterwards pulled it out—he looked forward, as if to see the time—he snatched the chain and ran off with it—I ran after him and caught him, and we had a greet struggle—the chain broke into four pieces—while I had hold of him he took his belt off—as soon as I saw him do that, I took the belt from him and threw it in the road—two constables came up and held him till a third came up—he looked about and found the greatest part of the chain—they took him to the station, and I charged him with the robbery—he made a blow at me with the belt, but I threw him and took the belt from him.
Prisoner. What did you say to me first? Witness. You spoke to me first—I can't say how long we remained at the coffee—stall, I should think five minutes—I paid for the coffee—I did not speak to anyone there—I don't know whether you did or not.
FREDERICK UPSHOT . (Policeman C 221). I heard cries of Police!"—I went up and took the prisoner—I found part of the gold chain on the ground—the prisoner was drunk—he was sober enough to know what he was about—he could run—the constables had the belt when I came up—I was not the first to Dome up.
Prisoner's Stattment before the Magistrate. "I am not guilty. I was drunk."
Prisoner's Defence. I am quite innocent. I never broke the watch chain, or intended to steal it. I never bad a charge against me before.
GUILTY .— The sergeant of his regiment stated that he bore a very indifferent character.—Twelve Months' Imprisonment.
MR. PATER. conducted the Prosecution.
GEORGE JACOBS . (Policeman E 169). On the morning of 17th February, I was on duty—I heard a noise in the area of 13, Alfred Place, Bedford Square—I looked down and saw that the window in the area door was broken—I called the attention of another constable, and we both went into the area—we found both the prisoners there—I found that the window was broken in the area door, and that some piping was removed—the prisoners were concealed in the coal cellar—I brought them out—they said they went down there for a night's rest—I found that this lead piping had been taken from the gas—pipe over the doorway; it appeared to have been recently removed; the eldest prisoner had got it in his hand—the area door had been opened, two squares of glass had been knocked out, and part of the wooden sash broken—there was room enough for me to get through—the prisoners said that two men came out of the area—I had been on duty all
night—I had not seen any other persons come out of the area—it was 2-15 on the morning of the 17th—they said they went down there for a sleep, and would give a description of the two men who had done it, that the men had told them to go down, and that one of them had a stick with a lump of lead on it, and made them go down.
GEORGE CONNER . (Policeman E 170). I was with the last witness when he went down the area at 13, Alfred Place—I have heard his evidence, it is correct—the gas-piping was found in Charles Stilling's hand—on the way to the station, he said he went there for a night's lodging—the young one said that' two men came and told them to go down for a night's lodging—I had not seen any men about that night—he also said that the two men took them down, to take anything away that they might be able to take.
Charles Stilling. You say the lead was found in my hand; it was found underneath my brother. You asked what we were doing there, and we told you.
HARRIET WIPSKIN . I am servant at 13, Alfred Place—Mr. Ralph lives there—he is a professor of languages—I remember the morning when the policemen came—I fastened up the house the night before—the area door was quite safe—the two windows were not broken.
Charles Stilling. Did you hear the policeman say the lead was taken out of my hand? Witness. I did not.
COURT. to GEORGE CROMER. Q. Had the piping been cut? A. Twisted off—I saw it in his hand the pipe was over the door, about four or six feet high—the eldest one could resell it—this was all the pipe that we found.
NOT GUILTY .
MR. DALY. conducted the Prosecution.
HENRY SPILLARD . I am a tailor—about 1 o'clock in the morning of 9th February, I was in Flower and Dean Street—I saw the prisoner there—he tripped me up, knocked me down, and held me, while the other men robbed me—there were about half-a-dozen men with him—I had seen the prisoner as I walked along—I crossed the road before he siesed me—I lost 1s. 6d. out of my left-hand pocket, and my purse, and my hat; my trowsere were torn—I was senseless for some time—I saw Fordham there shortly after—I met an officer in uniform, and told him—we met the prisoner soon afterwards, and I gave him into custody—my clothes were injured very much—I knew the prisoner by sight, I had seen him before.
Prisoner. At 1 o'clock I was at the Bell public-house; the constable saw me in there; I was shutting up shop. He came out about ten minutes after me, and saw me standing by a posh What did I do to you? Witness. You held me by the throat whilst your companions robbed me—you all ran away together—I knew you before, and Grossed the road to avoid you.
HENRY FORDHAM . (Policeman H 197). On the morning of 9th February I was at the top of Flower and Dean Street, about 1.10—I saw the prisoner there shut up the Bell public-house—he then went down Flower and Dean Street; he stood at the corner of George Street—I saw the last witness and a female go down Flower and Dean Street, arm in arm, on the right hand side; they crossed to go into George Street—I saw the prisoner go up to
the man, and put his arm round his neck, and then he tripped him up with his foot—I was about three yards from him—I said to Spillard, "You have lost your hat"—he said, "Yes; I don't know who has got it"—I said to the prisoner, "You have got the man's hat"—he said, "I have not"—he was afterwards given into my custody—I went back into Brick. Lane—I did not know that the man had been robbed of his things—I saw him in Brick Lane with an officer in uniform—I said, "You have lost your hat"—he said, "I have lost my hat and four duplicates"—the female ran away when I went up to the prosecutor—there were five or six men with the prisoner when they knocked the prosecutor down—I was within two yards of them—the prosecutor was very bad when I found him in Brick Lane—I was in plain clothes; I was on duty—I did not run away from the place—I was not afraid to touch the prisoner—I did not know that the prosecutor was hurt till I saw him in Brick Lane—his trowsers were torn—the prosecutor pointed the prisoner out to me, and said, "That is the man that knocked me down and robbed me, and I shall give him into custody."
Prisoner. You told the Magistrate I had a white straw hat on. Witness. No, that you had a white skull cap—you had a black hat on at the public-house—you had the white one on when you knocked the man down—you went and changed the black one, and put on the white skull cap.
Prisoners Defence. I am innocent of the charge.
GUILTY . *— Eighteen Months' Imprisonment.
NEW COURT—Tuesday, March 2nd, 1869.
Before Mr. Common Serjeant.
331. JOHN EDWARD PEYTON (27) , to feloniously forging and uttering an order for the payment of 20l., with intent to defraud, having been before convicted—He received a good character—Recommended to mercy by the Prosecutor— Twelve Months' Imprisonment. And [Pleaded guilty: See original trial image.]
332. WILLIAM STOW (44) , to stealing a post letter containing stamps, the property of Her Majesty's Postmaster General— He received a good character— Eighteen Months' Imprisonment. [Pleaded guilty: See original trial image.]
333. THOMAS ALFRED GENOWER (22) , Stealing 1 1/2 lbs. weight of silk and a quantit of fringe and bobbins, of Alexander Kerr and another, his masters; and WILLIAM WALKER (45) , feloniously receiving the same; to which
GENOWER PLEADED GUILTY .—He received a good character— Fifteen Months' Imprisonment.
MR. BESLEY. conducted the Prosecution; and MR. MONTAGI WILLIAM. defended Walker.
ALMZANDIR KERR . I am in partnership with Mr. Grimsay, as wholesale trimming manufacturers, at Bethnal Green—Genower came into our employment in January, 1868—I did not know him before that—we have been aware since last June that we were losing property—we missed some bobbins upon which silk is wound—they are stamped with our initials by a metal stamp—these are our bobbins (produced)—some of them have had the mark effaced, but we put them in water, and the wood swelled up, and now you can see the initials risen up—we do not sell them with silk on them,
we send them out to people who work for us off our premises; they are weighed out to them—Mrs. Penn worked for us once, and now does so again, but I believe she did not work for us between Midsummer and Genower being taken in custody—we also missed other property—this China silk (produced) was sent to us to be dyed—this brown silk is the same description as some we lost—this black purse twist is ours, we have had it three years—this fringe was made in our engine-room—these boards are the same class of goods as we lost—four knots of China silk which had been sent to be dyed were found in a drawer, and I had a conversation with Genower with reference to them—he made a statement to me—I applied to the police, got a warrant, and went with an officer to Walker's house, 250, Bethnal Green Road; there are eight rooms, I think—there is no shop, but "Walker, trimming manufacturer," is put up—on entering we saw Walker, and the officer said that we had a warrant to search his premises to see if there was any property of Kerr & Grimsay's there—he seemed to know my name, and to know me—he said, "There is none belonging to them here, you are welcome to look round my place"—I said, "It's no use you saying that, because you bought some brown silk on Friday last from Genower"—he said, "Oh, I know now who you mean," and produced this box with this green silk, and the twist, and these beads, and said, "These are the things I bought of Genower"—I had only spoken to him in reference to the brown silk—we searched the place, and in a bin for keeping bobbins, in the same room, we found 417 bobbins—I examined them, and said, "Our marks have been erased"—Walker said nothing to that—he was then taken in custody—I saw a lad named Watts on Monday last, but did not recognize him as having seen him at our warehouse—we do not sell bobbins at all.
Cross-examined. Q. When you sell the silk, do not you sell the bobbins? A. No; we sell the manufactured goods—we bought the business of Thomas Kelsey, he had the same stamp as we use—the bobbins are worth 1/2 d. or 1d. each, if bought in a lot—nothing would be easier, if they contained stolen silk, than to destroy them immediately afterwards—some are stamped at both ends, and some not—I know that Genower has been in business for himself—I did not know anything of him before he was introduced by my partner, but have since ascertained that he had been in business previously, with a partner named Thomas, I believe—I believe Walker said that he had them of Genower, Thomas's partner, as part of their surplus stock—I attend personally to my business, but there are some parts of it that I cannot attend to—I have not bought any goods of Genower, and, as far as I know, our house has not—when we took Kelsey's business, we continued using his bobbins, and the stamp he had in his business—he had been in business a good while—I cannot say how long he used the stamp—a good many of the bobbins have been in existence a good while—they very seldom get mixed with other people's bobbins when they are given out to wind; you might get one bobbin among others, but not generally—it will astonish me if the prisoner proves that he has had these particular bobbins two years—we have had Kelsey's business three ears—I cannot say whether Walker said "Yes," when I said "You bought some bobbins of silk of him on Friday last"—these are not chiefly remnants, this is part of a parcel of silk which came in from the dyer's—these others are the goods which I said before the Magistrate were not of much value, and chiefly remnants—this China silk was not found on Walker's premises; these are the goods found there, and the beads—the beads are like ours, and Walker produced them; and said
that he had them from Genower; there was no means of identifying them if he had not told us that.
MR. BESLEY. Q. Are they of the same quality and description as you had in your stock? A. Yes; I identify the bobbins and' these goods, and these beads, all found at Walker's, and there is more property, which I cannot swear to—these bobbins, the marks on which have been erased, go out to the workpeople and come back to us; they have been carried off our premises, probably within the last twelve months—we never purchased of servants in our establishment, that I know of—I know of no purchase of Genower.
BENJAMIN WATTS . I live with my father, a furrier, at 1, Carlton Place, Bethnal Green—I have known Walker eighteen or twenty months—I first knew him by going to work for him, and about nine months ago he told me to go to the warehouse of Kerr and Grimsay, 7, Wilmot Square—he went part of the way with me, and showed me where it was—he gave me a paper, and told me I was to see a young man named Genower, and say that I came in the name of Mrs. Fenn—he did not tell me what I was to get—I took the paper, so that I should not forget the name—I went into the ware-house, I did not ask for Genower, but he saw me and took the paper which I had in my hand, and said, "Oh, you have come from Mrs. Fenn?"—I said "Yes," and he gave me a parcel covered with paper, which was made up before I got there—I put it into a bag which Walker had given me—there were other people in the warehouse—I have been there eighteen or twenty times during the nine mouths, by Walker's directions, and always saw Genower—I went for work for Mrs. Fenn, but do not know what I got, as it was placed in a bag—it was always given by Genower—I sometimes saw that he put bobbins into the parcel—I have not been since Christmas—I have seen Genower at Mr. Walker's more than once, but do not know what he came about—I took all the things to Walker—I never saw Mrs. Fenn till yesterday—I never took any money.
Cross-examined. Q. Is this the first time you have been examined in Court? A. Yes; I was not examined before the Magistrate—I did not always go to the warehouse at the same hour—Genower never sent me on errands—Mr. Kerr first asked me about this; he came to my father the Sunday before last, but I did not see him that day—I went to him on the Monday, at 7, Wilmot Square, and he asked me questions—nobody was present then; but the second time I was there, last Thursday, a policeman was there; he did not ask me questions, but Mr. Kerr did, and the policeman told him to put them in a different manner—there was a pen and ink, but Mr. Kerr had not put them down before that—as he was taking it down, the policeman sometimes told him to put it down in a different manner—I do not know his name, he is 36 K—I cannot remember what questions he was to put down in a different manner—I did not see the writing till yesterday.
MR. BESLEY. Q. Did your father first speak to you? A. Yes; and I went to Mr. Kerr on the Monday—this (produced) is the paper on which the questions and answers were written down—I told Mr. Kerr what it was—he did not put it down at the time, and then it was put down different—nothing has been taken down by the solicitor—these are all the questions and answers I gave—I was there a quarter of an hour or twenty minutes—my mother went with me when it was taken down—I gave a statement on the Monday, and on the Thursday the policeman said the alterations were to be made—my father went with me on Monday—no one was present then
but he and Mr. Kerr—on Thursday the policeman was there, and it was put in writing—I made the same statement on Monday as on Thursday.
THOMAS KERR . I am the son of Alexander Kerr—I know the workpeople who work out of the house—I know Mrs. Fenn, she worked for us up to June, but not between June and Christmas—Davis did not work for us, and had no materials from us—I have seen the boy Watts at our place, but did not know his business, and should not take notice of him—I did not know that he was in Walker's employment—Walker had no business transactions with us—I did not know of Watts carrying off part of the silk.
HENRITTA FENN . I worked for Messrs. Kerr last year, up to eight or nine months ago—I never sent Watts to them for materials, or got materials through him from them—he never brought me any materiels—I know nothing of Walker—I was employed again by Messrs. Kerr last week.
Cross-examined. Q. What class of work used you to receive out? A. Broad-stitch work—the silk was delivered to me on bobbins, to do it—I had to return the bobbins—it is not a very large business—I have received work from other persons besides the prosecutors, but not at the same time—I did not know Genower till I went into the employment, not when he was in business for himself—this is the first time I have given evidence—I was asked about it last Friday by Mr. Thomas Kerr—I do not know the boy, and have never seen him at Messrs. Kerr's—I have not done any work since I left them, till Monday week, when they came after me to do work—I had been doing nothing between, but living at home—they took me back on Monday, and asked me these questions on Thursday—I left off work because there was no more to do; when there was fresh work to do they took me on again.
MR. BESLEY. Q. Did you ever erase the marks of the owners from the bobbins, or alter them? A. No.
FREDERICK WYMAN . (Policeman K 36). On 26th Janes, Genower was given into my custody for stealing China silk—on the 27th I went with Mr. Kerr to Walker's, and found these things if his warehouse—Mr. Kerr asked him for the brown silk he bought of Genower, and he produced it—I told him I was a policeman, and had come to search for some stolen silk belonging to Kerr & Co.—I think I mentioned Genower's name, and he said, "I have some silk which I purchased of Genower"—I found 417 bobbins, and have got a sample of them here—in some the mark is totally obliterated, in others it is not—on one it is complete "T. K.," and you can discern it in others—both ends appear to have been turned—in some it is new, and in some it has been done some time—after some information I went on a Thursday to Messrs. Kerr's, and saw Watts and his mother there—I had not seen him before—questions were put to him, and he answered them—I used no influence to make his statements different, but I made some slight alterations, sometimes, to simplify the questions—I did not dictate the answers, and do not know whether they were correctly taken down.
Cross-examined. Q. Is this one of your questions: "Did you always take something away with you? A. No; Mr. Alexander Kerr asked all the questions—once or twice the boy did not seem to understand the question, I explained the meaning of it, and his answer was taken down—this lasted twenty minutes or half-an-hour—I have seen Mrs. Fenn, but have never spoken to her—I soaked the bobbins and found one with "T. K." whole, and over 100 in which it was partially obliterated—here are two with the "K" very plain—they have not been in water for a fortnight.
MARY ABCHKH . I live in Wood Street, Spitalfields, and worked for Walker up to August—I have seen Genower there—he left a parcel, saying he was the young man formerly in partnership with Mr. Thomas, in the square, and would I be kind enough to deliver it, and I did so.
Witnesses the Defence
ALFRED BUCK . I am a silk spinner, of 21, Coventry Street, Bethnal Green, and have worked for Walker four or five years—these white bobbins were marked by me—they have been in Walker's possession and use over two years—some of them have my mark—I have had them in my hands some hundreds of times—I have taken the silk off them and spun it on the wheel, and I have marked these very bobbins to know the weight—this one is 1oz. 2 drachms—they are bought new of bobbin turners, but you can buy old bobbins—the loom brokers sell old looms and old bobbins—I have seen Genower come to my master's place—he walked in with some bombast, and I thought he was a sort of trimming manufacturer—from what I saw of him I should have had no hesitation whatever in buying of him
Cross-examined by MR. BESLEY. Q. Have you worked for Mr. Walker, on his premises? A. Yes, two or three years—I know Coote, a trimming maker, in Banner Street, St Luke's—I do not know of any of his property coming into Walker's possession, or any of Frank Stiles'—I do not know Walker's transactions with them—I do not know Edward Thompson, manager at a trimming manufactory—there was no transaction between Mr. Walker and them—I never knew the work to be turned off bobbins—I have known Walker eight or ten years—when I first knew him he was about taking a music hall in Eyre Street, in conjunction with his father, who I know by sight—I do not know where Walker was on 19th December, 1855, or within two or three years of that date—I knew that he was in custody on this charge a quarter-of-an-hour after it occurred—I went to the Police Court, and beard him say that he would not call any witnesses.
MR. WILLIAMS. Q. How long has he been carrying on business as a trimming manufacturer? A. About six years; he has been five years at this place—he keeps four or five men, besides me.
THOMAS ARROWSMITH . I am a porter, of 88, Cooper Street—I was in Walker's employ from December, 1867, to the beginning of 1868, and was employed to make twist—I have seen a great quantity of bobbins there, with a great many initials, some with "J & S" in the corner—I have bought both old and new ones for him from a loom broker—I cannot say that they all had the same mark on them—I did not buy all that the broker had.
Cross-examined. Q. How long have you known him? A. Twelve or fourteen years—I knew him first at Manchester—I cannot say when he came to London, or whether it was before December, 1855—I have known him the whole of that time—I did not come up to London with him; I was in London—I do not know where he was in December, 1855—I cannot say whether I lost sight of him for three or four years; I did not see him till 1867—I do not know where he was in 1856, 1857, and 1858—I did not see him from 1855 to 1867—that is what I call knowing him twelve or fourteen years.
him up to August or September, a few beaded leaves, and an ornament called a spike—I put them in the window for sale—the police came and saw them, and gave me in custody—the present prosecutor withdrew the charge, I undertaking to bring no action—I have an account book of Genower's here—I do not know, of my own knowledge, that the prosecutor's own partner, Mr. Grimsay, purchased goods of Genower, but I find it in this book.
Cross-examined. Q. I understand you had very small transactions with Genower? A. Very small—I knew that he was a servant of Kerr & Grimsay—I did not go to the premises to get the goods, they were brought to me by Genower—on the first occasion, when I bought a bunch of crystal beads, he said that they belonged to a friend of his who had over-bought himself, and I gave him 10s. 6d. for that bunch—there were three transactions—the second was some leaves, which he represented were made by his wife in anticipation of an order which was stopped, and she required some money, one Saturday night—the third transaction was a small quantity of black spikes, which came to 4s. or 5s., which he said, again, belonged to a friend who had over-bought himself, but I have never been able to realize the price for them—these facts were known to my solicitor—I believe he made a statement to the solicitor for the prosecution, and I signed this undertaking (produced)—I have never seen Genower at the place of business, but I knew he was in Kerr & Grimsay's employment—I never had anything but manufactured articles from him—I cannot tell you whose writing is in this book; I had nothing to do with keeping it—I received a subpoena to produce it—some twelve months ago, or more, when Genower was in business in Globe Street, I supplied him with trimmings and ornaments—he got into my debt 9l. or 10l., and came to me and said he should never be able to repay me, but if I would go to his place, and select anything I liked, we could take it off his account, and he left the book with me at that time—he was in difficulties fifteen months ago, but I never was aware that he was bankrupt
MR. WILLIAMS. Q. When you bought the things, did you know in whose employment he was? A. Yes.
WILLIAM WAKK . I am a commercial traveller, of Hewlett Road, Old Ford—I have been employed by Walker, from time to time, to sell goods—I was at his house in January when a gentleman named Young was there—Genower afterwards came in with a bag, out of which be turned a miscel-laneous lot of fringes, tassels, and bobbins, and solicited Walker to buy them; and, as a business man, seeing that a business matter was being carried on, I walked out—he said, "Mr. Walker, this is the last remaining portion of my stock, we have had frequent dealings together, and I will give you the preference."
Cross-examined. Q. How long have you known Walker? A. Ten or eleven years—I can go back as far as 1858—I knew him in 1858 perfectly well, but not before that—when I first knew him he was a publican, in Eyre Street, Bethnal Green—I have not continued acquainted with him ever since—I never was an acquaintance of his; I knew him as a publican, and afterwards travelled for him—I began to travel for him two years ago—I did not know of his buying goods of Messrs. Williams & Son, of Bread Stread, trimming manufacturers, or of Frank Stiles, or of William Cook, of Banner Street, St. Luke's—I never knew how he got his materials which I travelled for—I have ceased to travel for him for twelve months—I
heard he was in custody about eight or ten days after I was a witness to this transaction—I was not asked to go as a witness before the Magistrate.
JAMES YOUNG . I am a beer retailer, at the Cooper's Arms, St. Thomas-in-the-East—I have known Walker since the early part of 1864—I was in negociation with him as to a partnership in the trimming trade—he was not a publican at that time—I acted as his foreman in the trimming trade from June to the end of November, 1867, and had an opportunity of seeing this business thoroughly—I have given out work and taken in work, and handled his business in every part—a very large quantity of bobbins was used; I have seen 1500 or 1600 similar to these there at a time—they had not all the same mark, they had initials and letters, and I have marked bobbins myself—I know Genower as a trimming manufacturer by seeing him come to Walker's warehouse, selling things at a cheaper price than he could buy them—he had the keen judgment and practised eye of a City buyer—I saw a card, "Genower & Thomas"—this was done openly, in my presence, across the counter—I have heard him speak of Thomas as his partner—I recollect seeing Wake there the week of Walker's arrest—Genower came in afterwards; he had a little bag with a job lot, I should term it, and I believe them to be these beads—they were left on sale or return, as Mr. Walker would not pay for them, but he borrowed 4l. of me to pay for what he had.
MR. BESLEY. Q. Did Genower sell them at a very cheap rate? A. Not very; such as would save 5l. per cent.—I do not know of Genower selling goods of Williams & Sons—I did not know he was there—I do not know William Cook at all, or Mr. Stiles—I knew that Walker was in custody, within ten minutes of his being taken—I went to the station, but was not called as a witness.
WALKER— GUILTY .
He was further charged with having been convicted at this Court, in December, 1855, to which he
PLEADED GUILTY. **— Ten Years' Penal Servitude.
334. FREDERICK JONES (22) , Feloniously forging and uttering an order for the delivery of six bottles of brandy, and six bottles of whiskey, with intent to defraud, upon which MR. M. WILLIAMS. ofered no evidence.
NOT GUILTY .
OLD COURT.—Wednesday, March 3rd, 1869.
Before Mr. Baron, Channell.
MR. MOODY, for the Prosecution, offered no evidence, the Grand Jury having ignored the bill.
NOT GUILTY .
MR. GRIFFITHS. conducted the Prosecution; and MR. COOPER. the Defence.
PATRICK TRIHEY . (Policeman D 42.) On the morning of 12th February, about 12.30, I examined an empty house, 145, Edgware Road—I observed a footmark half in and half out of the house door—I looked through the letter-box in the door, and saw a man looking over the banisters—I called 116, and directed him to run round to the rear of the mews—I looked through
the letter-box, and saw three men go from the landing window on to the leads, which form the roof of the stables—I went on to the leads, and went along from one end of the mews to the other; when about half-way, I heard a noise of glass breaking, and when I got to the end of the houses, I saw a man's legs going through the skylight or trap-door of Nos. 2 and 3, Tichbourne Street—I jumped down the trap-door and caught hold of the prisoner Johnson—Smith then ran after me, and caught me by the throat, and with the force of the pressure I was obliged to let go of Johnson—I drew my staff and struck Johnson, and my staff broke—D 40 came to my assistance—I found this cord beside the door where they had got down—it was a very wet night, and the cord was perfectly dry—the place is a printing office—all the type was upset, and the gas fittings broken—I saw Britton in the house when we took the other prisoners, he hid under some boxes in a corner.
Cross-examined. Q. The house you first looked at was an empty house? A. Yes—it had been occupied, but was being altered and done up—there were no windows or shutters, only boards put up instead—it was an ordinary door, with a simple look—it was fastened when I looked at it—the gas fittings in the prosecutor's house were fixed—there is a jeweller's next door.
COURT. Q. Where was the footmark you observed? A. Half in and half out of the doorway of 145, Edgware Road, the empty house, under the door—I did not go into that house—I went round to the rear in the mews, and got up by a ladder on to the leads—there are ten or twelve houses between the empty house and the prosecutor's—I should say the prisoners could not see that I was after them, I could not see them—there is an internal communication between the printing-office and the dwelling-house—it is one house with two numbers.
WILLIAM SMITH . (Policeman D R 40). I followed Trihey up the ladder and along the leads, to Nos. 2 and 3, Tichbourne Street, and found Smith and Johnson there in custody—I assisted in taking them—they were very violent, I had to draw my truncheon and spring my rattle till assistance came.
JAMES GADD . (Policeman D 244). I heard the rattle spring and went to the back door of No. 2, Tichbourne Street, in Burwood Mews—I there found Johnson and Smith in custody of the two last witnesses—I made a search and found Britton crouched down behind some boxes in a corner of the room—I took him into custody.
HENRY LEGGATT . (Policeman A 116). I was on duty in the Edgware Road on the night of 11th February—about 10 o'clock I placed a mark on 145, Edgware Road—I had a reason for doing so—about 12.30 I noticed that the mark was gone—I then communicated with Policeman 42 d.
COURT. Q. What was the marks? A. Merely a pin and a piece of cotton put from the side of the door to the end of the boards that were nailed up instead of the window—I could see that the door had been opened because my mark was gone, it was drawn in from the outside and shut in the chink of the door, and I saw a footstep half in and half out of the door—after the prisoners were apprehended I examined the door, and found a pin had been placed on the slide of the lock, so that it could not be opened from the outside unless it was wrenched open—that must have been placed there from the inside—I imagine that someone must first have got in at the back, and opened the door to let the others in.
JOHN ELLIOTT . I am a printer, and live at 2 and 3, Tichbourne Street—the office adjoins the dwelling-house—there is an internal communication between them—I should not like to swear that the skylight was fastened on this night, it is our habit to fasten it—I know it was shut—there is a long piece of iron with perforated holes in it, so as to open it as far as you please—on being roused, I found the skylight broken and considerable damage done, also half of the gas fittings had been torn down.
Cross-examined. Q. Might not that have been occasioned by the scuffle? A. No; the gas fittings were nine or ten feet high, running across the printing office, above a man's reach—they were not near the skylight, but at the other end of the room.
HENRY MOTT . (Policeman D 12). I know where Johnson lives, 6, Seymour Place, York Street, Walworth Road—I searched that place, and in his rooms found this jemmy, a saw, a small keyhole saw, and a quantity of keys, some skeleton, a pick-lock, two knives, one a dagger-knife, and a quantity of property relating to another robbery.
Cross-examined. Q. Is it alodging-house? A. There is one other family lodging there.
Britton PLEADED GUILTY. to a previous conviction in February, 1864.
SMITH* and JOHNSON*— Ten Years' Penal Servitude. BRITTON** Fourteen Years' Penal Servitude.
MR. COOPER. conducted the Prosecution; and MR. MONTAGU WILLIAMS. the Defence.
The prisoner was jointly indicted with one Louisa Blanch. MR. WILLIAMS. applied that the prisoners might be tried separately, so as to enable him to examine Louisa Blanch and her husband for the defence; which he should be unable to do if the cases were jointly proceeded with. MR. COOPER, for the prosecution, offering no objection, MR. BARON CHANNELL. acceded to the application.
WILLIAM GLOVER . I am a watchmaker, and reside at 77, Devonshire Street, Mile End—the deceased, Jane Glover, was my wife, she was forty-eight years of age—Mrs. Blanch and her husband lived about three doors off—on Wednesday, 3rd February, between 9 and 10 o'clock at night, I was sitting in my kitchen—I heard a bother outside, in consequence of which I went outside and met my wife just outside our gate, on the pavement—a few friends, some females, were with her—she said something to me, in consequence of which I went to Mrs. Blanch, and while I was talking to her the prisoner came up and struck me—some of the neighbours took my wife in doors, while I was talking to the parties outside—she went to bed about 10.45—she complained of feeling very bad—between 2 and 3 o'clock in the morning she awoke, she never spoke—I went for Mr. Riley, the doctor—she died about 7.45 that morning.
Cross-examined. Q. Were you sober at the time? A. Yes; I had only had one pint of ale—I did not hear my wife or daughter say, as I came out, "That is the pretty beauty that hit Georgy, the stinking b—h"—I did not say to Mr. Blanch, "She would not have hit him if I had been there; we have been waiting to fight you for the lust two months"—nothing of
the sort—I did not aim a blow at him which streak Mrs. Blanch—the prisoner did not then interfere to protect her mistress from me, nor did I, my wife and daughter, fly at her, kick her, and roll her in the muddy road—I threw her in the road when she struck me and gave me a black eye—the road was muddy—I did not hear Mrs. Blanch say, while the struggle was going on, "For God's sake! pull Amelia away, or else I shall fall dead!"—I should say there were two or three dozen persons there when I came out—they were not persons that I knew—I did not take particular notice of them, I was too confused.
MR. COOPER. Q. When the prisoner came up to you, did she say anything? A. Yes; she would fight any man, that was at the same time that she struck me—she then went away—she did nothing after she struck me.
MR. WILLIAMS. Q. Do you say you had only had a pint of beer? A. I had a pint in Fenchurch Street, and another pint in Whitschapel—I left off work about 7.30 in the evening—I had one pint about 7, and one about 8 o'clock—I said before the Coroner that I had been in two public-houses—I did not say I could not tell how many I had been in; nothing of the sort—I am quite sure I had only had two pints of beer.
MARY ELIZABETH GLOVER . I am the daughter of the deceased—on this Wednesday night, just before 9, my mother was out, and I went out to meet her—I met her coming across the road, and walked across with her—when we got about the middle of the road I saw Mr. and Mrs. Blanch going along on the pathway, about three or four yards from us—I did not know them then—I had never seen them before—I said to my mother, "Mother, how high that person holds her clothes"—I did not intend them to hear it—that was all I said—my mother replied, "That gentleman at the side is the one that beat your little brother"—he is thirteen—I said, "He would not have done it if I had been there"—that was all that passed between me and my mother—we came up to the gate, and as mother turned round to open the gate Mr. and Mrs. Blanch were there, and began using very bad language—Mrs. Blanch then came and pushed open the gate, and struck mother two or three times on the side of the head, I think it was on the left side, with her fist—they were hard blows—my mother fell up against the wall which divided the two houses—Mrs. Blanch then struck me on the face; she gave me a good knock—I don't know why she did it, I suppose it was because I took my mother's part—I stood before her—my mother then came outside the gate and asked her what she did it for—the prisoner then Dame up—Mrs. Blanch sent for her—someone went for her—I heard Mrs. Blanch call somebody, and she immediately came, and Mrs. Blanch said "Give it to them Amelia," using a very bad word—she said, "Give it to the b—Amelia"—she and Mrs. Blanch then caught hold of mother and beat her, and threw her against the iron railings—they beat her on her head and shoulders and face—they beat her violently—I got my mother up, she was on the ground, she had fallen from the blows; I got her up—father came out then, and the prisoner struck him with something that she had in her hand—I can't say what it was—it was something black—she struck him in the right eye—my mother was standing just by—I was standing with her, close to father—I told father that Mrs. Blanch had hit mother, and he went to her and Mr. Blanch—the prisoner came up to mother and said, "I will do for you;" and she caught hold of mother and struck her violently again, and threw her down on the pathway, and she rolled over on to the kerb—that was
outside our gate—she struck mother somewhere against the ear—she had something in her hand then, the same as when she struck father—I am quite sure of that—I saw the same round black something in her hand—I got mother up, and she fell on Mrs. Clark's, a neighbour's shoulder—mother said. "You wicked creature, you have given me my death blow"—and she said, "Yes, you b—r, and here is another one for you:" and she struck her again with her fist in the face as she laid on Mrs. Clark's shoulder—she appeared very angry while she was doing all this—I and father then took mother indoors, and gave her some brandy—she said she felt very bad, and said, "I don't believe I shall ever go outside again, my head is so bad"—we put her to bed—about 2 o'clock I was called by my little brother, and went to my mother—she was then insensible—I gave her some water, but her teeth were closed, and she bled at the mouth, and her eyes were shut—she never spoke after she went to bed, and never opened her eyes—she died at 7.45 in the morning.
Cross-examined. Q. Neither you nor your mother used any bad language at all? A. No, we were not in the habit of using bad language—I had never seen them before—I used no bad language—it was about three doors from our own gate that we passed them, and about seven from Mr. Blanch's—neither I or my mother said, "There goes the stinking b—h; I suppose she is going to a penny gaff;" what I said was, "Oh, mother, how that person shows her legs!" I did not know who she was then—mother said it was Mr. Blanch, that hit Georgey, and I said, "He should not have hit him if I had been there," because I would have taken his part—that was said just as we passed—it was all done in a few minutes—Mr. and Mrs. Blanch turned back, and came after us—we saw them when we went to shut our gate; we were both inside the gate—Mrs. Blanch did not say, "I want to know how it is you are so constantly insulting me in this way"—my mother did not say to father, "Here is the b—pensioner that struck our boy, and who you have been waiting to see for some time;" she did not speak, she was too bad, besides, she would not use such language—it did not take place, as I know of, and I was there all the time—father did not rush out of the gate and commence sparring at Mr. Blanch; he came out quietly to see what was the matter—he did not strike a blow at Mr. Blanch which hit Mrs. Blanch—after Prosser came out, my father and mother and I did not rush at her, and drag her to the ground, and punch her—I did not touch her, nor did mother strike her at all, nor did father strike her so that she went into the road—I never saw her go into the road—she did not fall into the road, she was on the pathway—I never saw her on the ground at all—I did not see anybody strike her; she did not give anyone a chance of striking her—before Prosser came out Mrs. Blanch had struck mother several blows on the head, hard blows, with her fist, on her head, face, and shoulders; and she also struck me—she gave mother two or three blows first, and then she struck her again—that was before Prosser came out—I stated so before the Magistrate (The witness's deposition being read, did not contain that statement.)—I was so excited, mother having died that same morning, and I was never in such a place before, and I did not state it all at Worship Street.
MR. COOPER. Q. Did you afterwards appear before the Coroner! A. Yes; I stated it all there.
COURT. Q. Did you make the remark about showing her legs so that they could hear you? A. I said it to my mother, not with the intention
of their hearing it—they did hear it, I suppose, or they would not have come back—I had only come home from service on the Friday before—I can hardly say what it was that Prosser had in her hand; it was black; it seemed more like iron than anything—it was round her fingers, as if she had got her fingers through it, like a ring—it went on two or three fingers, by what I could see of it.
JOHN DANIELS . I am a French polisher, and live at 72, Devonshire Street—on Wednesday, 3rd February, I heard a quarrelling between Mrs. Blanch and Mrs. Glover, on the opposite side to where I lived—I saw Mrs. Blanch up with her fist and strike Mrs. Glover—I don't exactly know where it was: either in the face or breast—while they were struggling together Mrs. Blanch sends up for Mrs. Prosser—she came in about a minute—I did not see anybody go for her—when she came she said, "I will do for you! I will do for you!" and both she and Mrs. Blanch rushed at Mrs. Glover, and dashed her against the iron railings—she fell with her head against them—Mrs. Blanch said to Mrs. Prosser, "Give it to the b—r, Amelia"—before the woman could scarcely get up on her feet they dashed her to the ground again, both of them—I am quite sure they both struck her—Mrs. Blanch was the first one to strike her—they struck her all about the breast, face and all—Mrs. Glover said, "You cruel creature, you have given me my death blow"—I did not stop any longer after that.
Cross-examined. Q. What did you first see when you came up! A. I saw Mrs. Blanch strike the deceased—there had been a bit of a row between the two before: that made me go across—I don't know how many blows Mrs. Blanch struck her—they were struggling together—I did not see the deceased lift her hand to strike Mrs. Blanch—she was a sickly woman; she had been ill—I did not see Prosser come out—I saw her come up—I did not see her knocked down—I don't know whether she was knocked down—I could not see through the mob of people—I did not see her on the ground, and did not notice whether her dress was muddy afterwards—after the deceased was picked up, on another woman's arm, I left the mob—the Blanch's went into the Dolphin beer-shop—I did not see Prosser taken in by anybody—they went behind the bar—I did not notice whether the door was shut to prevent persons Doming in—I saw them all in the Dolphin—I did not hear the prisoner say anything when the deceased said, "You cruel creature, you have given me my death blow."
MR. COOPER. Q. Where were the two women standing at the time you saw Mrs. Blanch strike the blow! A. Mrs. Glover was close by her own gate, but where she was dashed down against the railings was next door—I don't know the width of the road there—I should say there was room enough for four was gons to pass each other.
JAMES DANIELS . I was with my father, the last witness, on this night—I heard some talking between Mrs. Blanch and Mrs. Glover—Mrs. Blanch struck Mrs. Glover, and said, "Go fetch Amelia"—I was close to them—when Prosser came out she said, "I will do for you! I will do for you!" and they directly rushed on the woman, and dashed her head against the iron railings, at the door before you come to Mrs. Glover's house—Mrs. Glover said, "You cruel creature, you have given me my death blow"—that was all I saw.
Cross-examined. Q. Did you see how many blows had been struck on the deceased before Prosser came up! A. No; I was about two yards from
them when they were talking together—I could hear what was said—Mrs. Blanch said, "I will give it to you presently"—I saw Mr. Glover them—he was there when that was said—I did not see Mr. Glover aim a blow at Mr. Blanch—Mr. Blanch was there—I was close to the prisoner—I did not see anything in her hand—this was about 8.30.
EMMA STRETCH . I am the wife of Josiah Stretch, a carman, of 84, Devonshire Street—between 8 and 9 o'clock on this Wednesday evening, I saw Mrs. Glover just by her door, and I saw Mrs. Blanch strike her with her hand, on her head—I only saw her strike her once—then she sent in for the girl Prosser—I don't know who she sent; she said to someone, "Go and fetch my servant"—Prosser came running out directly, and Mrs. Blanch said, "Give it to her, Mill, give it to her; kill the b—, kill the b—, kill her"—the prisoner said, "I will," and then commenced beating her—she struck Mrs. Glover several times about her head, and she fell on her side against the kerb—she was picked up, and Prosser struck her again—she was then on Mrs. Clarke's arm—I did not see Mrs. Glover strike her, or the prisoner—three men came out of the beer-shop and took Prosser away, and while they were taking her away she turned back and struck Mrs. Glover again on her head—Mrs. Glover was then led indoors.
Cross-examined. Q. I believe you were looking out of your window, were you not? A. Yes, on the opposite side of the road—this was between 8 and 9 o'clock at night—before the striking, I saw Mrs. Blanch going in one direction, and then she turned round on her heel and went back to the deceased—I only saw her give one blow—she did not strike any blow after Prosser came out—I am quite sure of that—I am also quite certain that the expression used by Mrs. Blanch was "Kill the b—, kill her."
CHARLOTTE CLARKE . I am a widow, and live at 71, Devonshire Street, next door to Mrs. Glover—on Wednesday night, 3rd February, I was taking in some clothes at the back of the house, when I heard some screams—I ran to the gate and saw the deceased—she came and laid her head on my arm, and pointed to the prisoner, and said, "That woman has given me my death blow"—the prisoner said, "Yes, you b—, and you shall have another"—Mrs. Blanch made answer directly, "Give it to her, Mill, have at her again"—and the prisoner hit her as she was on my arm—the deceased's daughter and a lodger then took her indoors.
Cross-examined. Q. You did not see Mrs. Blanch strike her? A. No.
JURY. Q. Did you notice anything in the prisoner's hand at the time she gave the blow? A. No, I did not.
FREDERICK JAMES RILEY . I am a surgeon—I was called to the deceased between 2 and 3 o'clock on Thursday morning, 4th February—she was lying on her back, totally insensible—her skin was cold and clammy—her pulse slow and laboured—the pupils of the eyes were fully dilated and could bear pressure with my finger, showing all the marked symptoms of compression of the brain—she died a few hours after—I made a post morten examination, externally, and found two large bruises over both thighs, one on the left breast, and a puffy tumour over the right ear—on removing the scalp, I found that inside the puffy tumour there was a large clot of blood, which terminated on the peritoneum—on removing the skull-cap, I found from six to eight ounces of clotted blood on the surface of the brain—the right ventricle was empty, the other contained a clot of blood weighing from two to three ounces—the other organs of the chest were healthy—the left lung showed recent signs of congestion—the left kidney was extensively
diseased—my opinion is, that the cause of death was extravasation of blood on the surface of the brain, and in the substance of the brain—I should say caused by a blow or fall—there was nothing in the chest or kidney to cause death—she had been under medical treatment at the London Hospital, and had been evidently treated for spitting of blood occasionally—there was marked disease of the kidney, but nothing to cause immediate death.
Cross-examined. Q. Might the extravasation be caused by a single blow? A. I can't say, positively—in all probability a single blow would cause a rapture of the vessel—any violence to the skull to produce extravasation must produce a rupture of the vessel—if the vessel ruptured is small, death would be much slower than if it was a large one.
The following Witnesses were called for the Defence.
GEORGE FULLERTON BLANCH . I reside at 83, Devonshire Street, and am clerk to a colonial broker, in whose employ I have been twelve years—on Wednesday evening, 3rd February, I went out with my wife—when we had proceeded a little distance from our house we met the deceased and her daughter—as they passed, one of them said, "There she goes, the stinking b—h, I suppose she is going to a penny gaff"—my wife turned round to me and said, "Those are the Glovers, that is the way that I have been insulted for some time past, and I think it only right that you should ask what they mean by it"—I turned back with my wife, towards their house—when we got to the gate the mother was inside the gate, and the daughter was outtide—the mother appeared very excited, and pulled the daughter inside the gate and slammed it—my wife said, "What do you mean by insulting me in this way continually"—the deceased called out to someone inside the house, and Mr. Glover came out and commenced fighting, or endeavouring to fight me—he aimed a blow at me, but it struck my wife—as he struck her, Amelia Prosser, my servant, returned the blow to him; she came from the house—the father, mother, and daughter immediately fell on the servant; the deceased caught hold of her by the hair, and she was dragged forcibly by the three into the road; she was on the ground, the husband was kneeling on her chest, and the mother and daughter were standing over her, pommelling into her—the only remark my wife made was, "Amelia, Amelia, for God's sake come away, this will be the death of me"—she did not say, "Give it the b—," or, "Give it to her Mill, give it to her"—she never used any such words, she did not in any way incite the prisoner to strike the deceased, she never raised her hand throughout the whole affair—while they were upon the prisoner my wife caught hold of the first person she could, and it was the daughter, by the net-work which she wore round her pelorine, I believe it is called, and in endeavouring to pull her off I believe she tore it—as soon as we had removed the daughter we caught hold of Prosser and dragged her forcibly into the nearest house that was open, which was a beer-shop; the skirt of her dress was torn and covered with mud—I have it in Court, in precisely the same state; her hair was hanging all over her face—there were two scratches on the side of her face, and she complained of being very much kicked—I and my wife's brother went out to endeavour to find a policeman, but were not able to do so—we were out five or six minutes, perhaps ten, and returned—I saw the whole of what took place from the commencement to the end—my wife did not strike a single blow, or use the expressions imputed to her—the prisoner had
nothing in her hand—the only thing I saw the prisoner do was to strike Mr. Glover in return for the blow that he struck my wife; I honestly believe that blow was not intended for my wife, I believe it was intended for me—the whole affair, from my wife going up to the gate to the time of dragging the prisoner away, was not more than about three minutes.
Cross-examined. Q. You are no pensioner? A. No—I did not see Mrs. Glover leaning on the arm of Mrs. Clarke, she might have seen, my eyes were in the direction of the servant, not in the direction of Mrs. Glover—on my oath, I did not see the prisoner strike her while her bead was resting on Mrs. Clarke's arm—if it happened I should imagine I should have seen it, but I cannot swear it—I think it is very improbable, as I kept a sharp watch on the prisoner throughout the whole time—I did not see Mrs. Glover taken into her house—I did not see her fall against the garden wall, or hear her say, "You have given me my death blow"—I should imagine I must have heard it if it was said, I was so near—I hand nothing of the kind—I boxed her boy's ears on Saturday, 2nd January, I found him and my son fighting in the street, I pulled them apart and boxed both their ears, and pulled my son indoors—I was before the Magistrate when this charge was made, but was not called—I have not talked this matter over with my wife a great many times—the subject has been mentioned—I was examined before the Coroner.
LOUISA BLANCH . I am the wife of the last witness—on the night in question I was going out for a walk with my husband, and met the deceased and her daughter—I did not recognize them except by the remark they passed, "There she goes, the dirty stinking b—h, I suppose she is off to a penny gaff—the deceased said that—in consequence of that I made a remark to my husband and turned back—the deceased slammed her gate and spat in my face before I reached as far as the gate—she called her husband, and he came out and made use of very bad language, and threatened to strike my husband—I was between, and tried to prevent it, and the blow struck me on the left side of my head—I sent for Proaser—I saw her strike Mrs. Glover—that was instantly after I had been struck—the deceased, her husband and daughter, then all attacked Prosser—the deceased took hold of her by the hair of her head, and the man struck her violently, and likewise the daughter, and they all fell into the road—Prosier was underneath—I called to my husband to get her out or she would be killed, as the man was kneeling on her chest, while the others were beating her, and I called to Prosser, "Come out of the crowd or I shall fall dead;" but she was not able to do so, as they had her by the hair of the head—I did not at any time strike the deceased a single blow, or raise my finger—I never said, "Kill the b—," or any such expression—the daughter did—I did not say, "Go it, Mill, give it to her"—the deceased said, "Give it to her, let her have it;" and the daughter instantly kicked Prosser in the face, and in what she termed the guts—I did not see the deceased in the arms of another woman, with her head resting on her arm, nor did I see Prosser strike her while she was on the woman's arm—she was in the road, with all of them fighting her—I first got the daughter away, and, by that means, managed to get hold of part of my servant's clothes, and my husband assisted—after the men had lifted the man off her chest, we dragged her to a beer-shop, the nearest place we could get into, she was almost naked, she was naked halfway down to her stomach, her frock was smothered with mud, her hair had been greatly pulled out, we have only a
small portion—the deceased kept the handful that she held her by when we released her.
Cross-examined. Q. I suppose you were as calm and quiet as you are now? A. No, I was not, I was very much agitated and frightened—I did not make use of a word of bad language—Prosser came up at the time I was struck—I sent for her before I received the blow, because I saw the man was determined to use such bad language, and to fight—I sent for her to fetch a policeman—I did not call out for her—I sent a lad, a neighbour's son—I did not say to her, "Give it her, kill the b—, Amelia"—I positively swear I did not—there were not many persons round at first, there were a great many after—I know Mrs. Stretch, from living opposite—I know Mrs. Clarke is a neighbour; I did not see her there that night—I did not see the deceased resting her head on Mrs. Clarke's arm, I never saw the deceased after they all fell in the road—I do not attend singing halls, never in my life—I have three children living—I live two doors, I think, from the Glover's—I did not see anybody strike Mrs. Glover—I heard of her death next morning—I was very much surprised indeed at it, and wondered what caused it, when I saw her fighting as she was the night before, although I knew she had been ill some considerable time—she was a thinner woman than me and rather smaller—I did not know her at all—I never spoke a word to her in my life—I believe my husband spoke to her one morning, when she attacked him with a broom, that was nearly two months ago—I believe the Daniels are neighbours—I never saw them, to my knowledge, before I was taken on this charge—I was charged separately from Prosser; her case was heard first, I believe—I did not go as a witness for her—this is the first time I have been a witness—I did not go before the Magistrate.
MR. WILLIAMS. Q. Your husband went, I believe? A. I believe he did—this is the prisoner's dress (producing it)—it is in the same state as it was then—it has been in my possession ever since, hung up—I am confident I saw nothing in Prosser's hand.
ETHELINDA WILLINGALE . I am the wife of Charles Willingale, an omni-bus driver, and live at 78, Devonshire Street, nearly opposite the deceased—about 8.30 on this evening I was at my gate—I did not see Prosser come out—the first I saw of her was in the middle of the road, Mrs. Glover and her daughter fighting with her, and Mr. Glover kneeling on her chest—I saw Mrs. Blanch put her hands together, and heard her say, "Amelia, for God's sake come away or I shall drop dead," and she dragged her by her clothes—at that time Glover's daughter was kicking Prosser, while she was down—I saw Prosser taken into the beer-thop—I know Mrs. Clarke, I did not see her there after that; I saw her against her own gate before, I did not see the deceased in Mrs. Clarke's arms—I did not see Prosser strike the deceased at all, or hear her use any bad language—I did not hear Mrs. Blanch say, "Give it to the b—," or words to that effect, I heard Glover's daughter say, "I have kicked her in the b—guts, and in the jaw"—I know the Daniels—I did not see them there until it was nearly ended, and then I only saw the boy—I saw him come up to his own door with a truck-load of furniture when the matter was nearly ended.
Cross-examined. Q. Are you a friend of Mrs. Blanch's. A. No, I Was subpoenaed here, I never knew the Blanch's till this occurrence—I live directly opposite the Glover's—I did not see Mrs. Clarke there at the end of it, I saw her at her own gate at the beginning—I did not see Mrs. Glover go into her own house—I was standing at my gate—there were not
more than a dozen people there, I should imagine; I could hear everything that passed, from my own gate—I heard Mrs. Blanch say, "For God's sake, send for my servant," and my little boy fetched her—I saw Prosser come—Mr. Glover was going to strike Mr. Blanch, but struck Mrs. Blanch instead, just by the side of the face, slightly, and Prosser put up her hand to defend her—she did not strike at all—I never saw Mrs. Glover struck by anybody; I was very much surprised to hear of her death next morning—I saw them fall twice, once in the road, and once on the pavement.
COURT. Q. When Prosser was on the ground and Glover upon her, where was Mrs. Glover? A. She had hold of Prosser by the hair of her head, with her hair twisted—Prosser was lying down then, and Mrs. Glover was standing and leaning forward with the girl's hair twisted in her hands.
MR. COOPER. Q. I suppose you heard that Prosser was taken up for manslaughter? A. Yes—I did not go before the Magistrate to give evidence—I did not hear of it till two days after.
CHARLES WILLINGALE . I am twelve years old—I was in Devonshire Street when this took place, playing with the boy Glover—I saw Mr. Glover come out of his house and strike Mrs. Blanch—I saw Prosser come out—I went and fetched her, Mrs. Blanch told me—I saw Mr. Glover roll her in the mud—after Prosser got up Mrs. Glover caught hold of the hair of her head, and Mr. Glover knelt on her chest—I saw the daughter in the road—they all went down together in the road, Mr. and Mrs. Glover, Miss Glover, and Prosser—Mrs. Blanch did not strike the deceased at all; or use any bad language, or say, "Go it, Mill, give it her."
Cross-examined. Q. Did you hear her say, "Give it to her, Amelia?" A. No—she said, "For God sake, come away, Amelia, or I shall drop dead!" my mother is not intimate with Mrs. Blanch, the does not know her, I know her—Mrs. Blanch asked me to come here the other day—she said, "If I take you before some gentlemen, can you speak?"—nothing else—I don't know what I am to get for coming here—I don't know how she came to bring me here—I had spoken to her before, when her boy and me fought together—she came over to our house—I did not go and tell her that I could come—some lady did—I did not see the boy Daniels that night, or Mr. Daniels, I saw Mrs. Clarke at her own gate—I saw Mrs. Glover leaning on Mrs. Clarke's shoulder, just as she was going into her house—I saw Prosser near her at that time—she did not do anything to her—Mr. Glover had got Prosser down—Mrs. Glover was dragging Prosser into the beer-shop at the time Mrs. Glover was resting on Mrs. Clarke's shoulder.
NOT GUILTY .
MR. COOPER. offered no evidence.
NOT GUILTY .
THIRD COURT.—Wednesday, March 3rd, 1869.
Before Mr. Common Serjeant.
339. JAMES FARRALL (18), and THOMAS REILLEY (18), PLEADED GUILTY . to burglariously breaking and entering the dwelling-house of Lewis Calisher, and stealing two coffee-pots and other articles.— Twelve Months' Imprisonment each.
MR. MOODY. conducted the Prosecution.
WILLIAM DENNIS . I live at 30, High Street, Shadwell, and am an ostler—I work for Mr. Austin—the prisoner in in his employ, to do odd jobs—on the 9th February he was discharged in consequence of a little bit of a bother between us—he had thrown a shovel at me—next day I was in Mr. Peacock's shop, next door—the prisoner came in and said, "Have you been for a policeman?"—I said, "Yes, I have; what is that to do with you?"—he then struck me with a knife on the side of the ear—I caught hold of his hand—he struggled to get away—he threw the knife away and struck me several times with his fist—I bled very much from the blow with the knife—I went to the doctor—I gave the prisoner into custody directly, then and there—I did not know I was stabbed till I saw the blood running down my neck—I saw the knife that he struck me with.
ADOLPH DREZLING . I live at 30, High Street, Shadwell—on this night I was at Mr. Austin's—I saw the prisoner run after the prosecutor and hit him with a knife behind his left ear—this is the knife (produced)—I had seen it in his possession—he had been trying to hit me with it before I saw blood on it.
JOHN MCKINNON . I live at 206, High Street, Shadwell—on the 10th February I saw the prisoner hit Dennis two or three times—I saw him throw a knife away, and I picked it up—I think this is it—I gave it to a boy, who gave it to Mr. Peacock.
GEORGE PEACOCK . I live at 31, High Street, Shadwell—I received this knife from a lad, and gave it to the sergeant—I can't say who the lad was—I saw the prisoner strike Dennis just as he left the threshhold of my door.
DANIEL ROSS . I am divisional surgeon of police—on the 10th February I saw the prosecutor at the station—I examined his head and found an incised wound on the left side, about an inch in length, about two inches behind the ear—it touched the bone—it was not a dangerous wound—it would have been if it had not touched the bone—it may have been inflicted by this knife—he is well now.
WILLIAM SMITH . (Policeman R 47). I received the knife from Mr. Peacock—it was wet with blood—it was shown to the prisoner at the station, and he said to the prosecutor, "Six months you shall have for this"—the prisoner's thumb was out—I asked him how he came with that, he said it was done by a coalwhipper, who took the knife away from him, previous to this transaction.
JOSEPH DEATH . (Policeman R 151). I took the prisoner—I said I should take him for cutting and wounding Dennis—he made no answer—at the station he said to Dennis, "You will rue this, if it is for six months"—he said, "I did not use the knife, it does not belong to me, a coalwhipper took mine away before"—the prisoner was under the influence of liquor.
Prisoner's Statement before the Magistrate. "The boy says he does not believe the knife is the one that was picked up."
Witness for the Defence.
DANIEL FOLBY . I am a coalwhipper, and live in Union Street, Stratford—I tried to take the knife away from the prisoner on the 10th February, but I did not do it—I was not with him at all—I was coming out of a public-house and saw him with the knife In his hand, and I tried to take it away from him—I thought it was not safe in his hands.
GUILTY. of unlawfully wounding— Nine Months' Imprisonment.
Before R. M. Kerr, Esq.
Mr. MOODY. conducted the Prosecution.
WILLIAM MACKIS . I live at 12, Little Russell Square, Bloomsbury, and I work for Messrs. Eyre & Spottiswoode, of New Street—on 4th February, a little before 7, I was sitting on the step of the office, looking after a van—I saw the three prisoners—they came up, and looked in the doorway—I then saw Wilbutt go in and take a form of type out, and go round New Street with it—the other two prisoners went with him—Wilbutt came back again—he went to the game place again, and took another one out—Jones met him by a coffee-shop, and said, "Come along, make haste," and lifted the form on his shoulder.
Wilbutt. Where were you sitting? Witness. Nearly opposite the turning you took the forms from—the ran was in the road, even with the door where I was sitting—the van was as wide as the road.
Jones. I never saw the two prisoners on that day; he never saw me talking to them.
COURT. Q. Did you know him at the police station? A. Yes, I gave the detective his description before I identified him.
HENRY WELLS . I live at 23, Hornsey Road, and work for Eyre & Spottiswoode—on 4th February I was in New Street, about 6.45, and saw Wilbutt dragging a form along the pathway—when he got to the Northumberland coffee-shop, Jones came up to him and said, "Come along, make haste," and lifted the form on his shoulder—he went down as far as New Street then, and there I saw another form against the wall—Hinder was standing at the side of it—Wilbutt put the form he was carrying down by the other one—they then left the two forms in the charge of Hinder—Jones and Wilbutt went towards the place where they had taken the forms from—I saw a gentleman looking about—he said some forms had been stolen, and I informed the police, and saw Wilbutt taken.
THOMAS BARKER . (City Policeman 419). On theevening of 4th February, and a little before 7, the last witness spoke to me—I turned round and saw Wilbutt running from the corner of New Street Hill—I chased him, and caught him in Shoe Lane, opposite Robin Hood Court—I took him back to the corner of New Street Hill, and there I saw the two forms against the wall—I sent for Messrs. Spottiswoode's foreman, Mr. Paul, and showed him the forms, and he identified them as their property—Wilbutt said he knew nothing of the robbery—I asked him what he ran for, and he said, "Because you ran."
EDWARD PAUL . I am storekeeper to Messrs. Eyre & Spottiswoode—on this evening I was taken by the constable to New Street Hill, and shown two forms of type there, against the wall—they were the property of my employers—they had been taken from a passage of one of our offices—they are worth about 25l.—they had just been printed off and brought out of the machine room—each form weighs rather over 100 lbs.
JAMES HANN . (City Detective, 549). On the morning of 12th February I was in Crosby Row, Borough, with Hawkins, another constable—I saw Jones there—I told him I should take him into custody for being concerned with two others in stealing two forms of type from Messrs. Spottiswoode's, on 4th February—he said "Very well"—I took him to the station—I took Hinder
on the 8th, in Chancery Lane—I told him the charge, he said he did not know anything about the stealing of them, but he knew who did do it; he asked if there was anyone in custody—I told him that a man named Wilbutt was—he said he did not know him by the name of Wilbutt, he knew him as Black Bill—I took him to the station, and he said there were two forms of type taken about a fortnight previous to these two, and one on the Tuesday or Wednesday previous, and he would take me and show me where the metal was sold—he took me to Bartholomew Close and showed me the place, and said, "They gave three half-pence a pound for it"
Prisoners' Statements before the Magistrate. Wilbutt: "All I can say is, seeing a chimney on fire at the corner, I ran and fetched the turncock." Hinder: "I am not guilty." And Jones: "I don't know the other two prisoners."
WILBUTT also PLEADED GUILTY. ** to a previous conviction on 22nd October, 1866—Seven Years' Penal Servitude. HINDER,* to a previous conviction, on 21st March, 1867—Two Years' Imprisonment. And JONES, to a previous conviction, on 1st June, 1868— Eighteen Months' Imprisonment.
MR. MOODY. conducted the Prosecution.
ISAAC TEMPLE . I live at 3, Cheshire Street, Bethnal Green, and am a shoe-maker—on 8th February I saw my place safe about 12.30 at night—I was aroused about 2.30 or 2.45—on going down stairs I missed eighteen pairs of boots and shoes from the window, worth about 4l.—the shutters had been forced open, and the window shoved up.
THOMAS WOOD . I live at 5, Abbey Street, Bethnal Green—on the morning of 8th February, about 2.30, I was coming round the corner of Abbey Street into Cheshire Street—I saw the two prisoners at the window of Mr. Temple's shop—Baker was taking the shoes out, and handing them to Wilkinson—they ran away, and I ran after them—Wilkinson ran down a court, and Baker ran down the road—I followed Baker first, because Wilkinson could not get down the court, as there was no thoroughfare—I nearly got hold of Baker, when he turned round and threw the shoes at me when I was close to him—I could not catch him then, and I went back to the court and stood in the road—I called "Police?"—Wilkinson came down the court, came towards me, and said, "What is all this about?"—I said, "I think someone has been breaking in over there, and one has gone down there"—he walked across the road, and I followed him—he stooped down and said, "Holloa, he has got him"—I caught hold of him and said, "I have got you, there were two of you, and you were one of them"—a policeman came up with Baker—I went down the court with the officer and found some shoes at the bottom, seme in a dust-bin, and some outside—they were taken across to Mr. Temple's shop.
CHARLES CUFF . (Policeman H 148). About 2.45 on this morning I saw the prisoner in front of Mr. Temple's shop—the shutters and windows were open—Baker was taking out the boots, and handing them to Wilkinson—they crossed over the road to Winchester Crescent—I ran through Cheshire Court into Winchester street—Baker came running towards me—as soon as he saw me he stepped and ran back—I caught him, and asked him what he
was running for—he said, "Nothing"—he had four or five pairs of boot a in his hand—I took him to the station—I saw Wilkinson held by the last witness—I went and woke Mr. Temple up and showed him the boots, and he identified them.
THOMAS JEFFRIES . (Policeman H 211). I saw Wilkinson and Mr. Wood together—I took Wilkinson into custody—I went down the court and found the boots in the dust-bin at the bottom—I took the boots to Mr. Temple's shop, and he identified them—he had them back at the station.
They also PLEADED GUILTY. to having been before convicted; Baker, on 17th December, 1867, and Wilkinson, on 14th of May, 1866.
Seven Years' Penal Servitude each.
MESSRS. BESLEY. and MOODY. conducted the Prosecution.
ANNIE LAWRIE . I reside at No. 13, Cavendish Road, St. John's Wood, and am cook to Mrs. Baugham, the mistress of the house—I sleep down stairs—I went into the kitchen about 4.45 in the morning, to light the kitchen fire, and afterwards turned round to look at the clock—the fire began to burn up, and I saw something in a corner—I took a few steps towards it, and the prisoner turned round and looked at me—I said, "What are you doing here?"—he said, "Let me out, cook"—I said, "No, you don't go out till someone takes you"—I went to the door, and one of the servants said, "Who have you got in the kitchen?"—I said, "Go and call master and one of the men servants"—I got the laundry-maid to hold the door, and went to the gate, got a policeman, and brought him in—there were no men in the house at all, no master or men servants—111s. came and took the prisoner into custody—I had closed the house up safe the night before, about 1.30, and the things were all put away—when I went into the kitchen in the morning I found the coffee-pot and other things on the table in a table-cloth; they had been removed from where I put them the night before—the scullery window had been broken open and the bar taken out—I found the prisoner's boots at the bottom of the kitchen stairs—I would not give them to him till the policeman came—I picked up a screw-driver on the floor, and gave it to the constable—I had left my purse on the kitchen table at night, with two sixpences and 4d. in it—after the prisoner was taken I found the purse on the floor, but the money was gone.
GEORGE TUBMAN . (Policeman S 111). I was called to this house about 5.30 in the morning—I saw the prisoner sitting in front of the fire, in the kitchen—I told him he was charged with house breaking, and he said, "All right"—I kept him till another constable came, and we took him to the station—I found this saw, a knife, and 4d. in coppers on him, and this screw-driver was found on the floor.
THOMAS DODSWORTH . (Inspector S). When the prisoner was in custody, I went to 13, Cavendish Road, and found the iron bar had been wrenched from the scullery window, and the lower sash pushed in—there were some matches on the floor, and the cupboards had been broken open—the marks on the cupboards corresponded with the screw-driver found in the kitchen.
GUILTY .— Twelve Months' Imprisonment.
MR. MOODY. conducted the Prosecution; and MR. ROWLAND. defended Toomey, and MR. GRIFFITHS. defended Christopher.
MARK GIRSCHEN . I live at No. 10, Artillery Passage, Bishopsgate Street, and am a tailor—about 2 o'clock on 17th February, I was called up, and missed several pieces of unfinished work, cut trowsers, and pieces of cloth—the value of the things stolen was about 5l.—I have some of them here—I shut up about 11 o'clock the night before—when I woke up, the first floor window was right open—the window was taken out, the ropes had been cut through—it was safe when I went to bed.
STEPHEN BIRD . I live at No. 8, Artillery Passage—on the morning of 17th February, between 2 and 3 o'clock, I heard some kind of cracking noise, as if someone was trying to break a window sash—I got up and looked out—I saw a man standing on the lead work over the shop front of Mr. Girschen's—he succeeded in getting the window open—I then went in and came back with a bundle, which he threw out of the window—I gave the alarm—the man jumped down and ran away—I called, "Police!" and a constable came up in about ten minutes—I can't say who the man was.
HENRY MILLER . (Policeman H 120). On this morning, I was on duty in Dorset Street—I heard a cry of "Stop thief!"—I saw Toomey coming from the direction of Artillery Passage, walking along with his hands in his pockets—it was about thirty yards from Artillery Passage I made a catch to get hold of him—he said, "I am d—if you shall catch me"—he ran down Dorset Street—I ran after him, but I was thrown down by a female, and lost sight of him—I went back to Artillery Passage, and as I turned out of Union Street I saw Christopher coming down—he was running, and constable 98 after him—he was caught about 100 yards from Artillery Passage.
Cross-examined by MR. GRIFFITHS, Q. Was he taken in Union Street? A. No, Commercial Street—I said I came down Union Street—he fell down—he was not knocked down—I went up to him before he got up—he said, "I did not do anything, I have done nothing, what do you want with me?"—after he got up he said, "Let me stop for my cap"—he had no cap on—I did not let him stop.
Cross-examined by MR. ROWLAND. Q. You know where Toomey lives? A. Yes, in the neighbourhood.
JOHN WICKS . (Policeman H 201). I heard cries of "Police!" and saw Toomey running, in Dorset Street, from Artillery Passage—I ran after him to Spitalfields Market—there he fell down, and I fell on him—I asked him why he was running, and he never said anything, he was too much exhausted—he was very violent—I took him to the station, and charged him with breaking into this house—he did not say anything—he was running as fast as he could—I chased him about 150 yards before I caught him, I should think.
JOHN CRUDGE . (Policeman H 90). I heard cries, and saw two men running, in Dorset Street—I followed, with the other constable, and caught Toomey—he kicked and struggled very violently—we were too exhausted to say anything.
saw two men rush out of Artillery Passage—one ran towards Dorset Street, and the other towards me—I followed the one that came towards me up Artillery Street, Union Street, into Commercial Street, and there he fell, and I took him into custody—it was Christopher—he said he had done nothing, and I told him I did not believe it—I took him back to Artillery Passage, and when I got there I found the clothes lying on the ground—there were nine pairs of trowsers, two coats, a vest, and there was some cloth on the ledge under the window—I took Christopher to the station—Toomey was there when we got there—they both said they knew nothing of it—I did not lose sight of the man that I followed from the time he came out of Artillery Passage till I stopped him.
Cross-examined by MR. GRIFFITHS. Q. How far were you from Artillery Passage? A. About twenty yards, when he came out—there were no other persons about there—I mean to say that I can't say whether he fell, or was knocked down—I was close to him—he might have been tripped up by some passers by—he had no cap on—I won't swear that he did or did not ask me to let him get his cap—I did not have a struggle with the other constable as to who should take him to the station—I found his cap under the clothes in Artillery Passage—he said, "I have done nothing; what do you want with me?"—he may have said, "Let me stop for my cap;" I did not hear him—there were two or three constables there—I said to him, "Come on, and we will see"—he said, "All right, I have done nothing"—I was examined before the Magistrate on two occasions—I did not say anything about his having no cap the first time; I omitted it, and I told the inspector directly I came out, and that was the reason I was examined the second time.
MR. MOODY. Q. Had Christopher a cap on when he came out of the passage? A. No; when I went back I found it under the clothes—he said it was not his—he has worn it since—this is it (produced).
JOHN HOSKINSON . (Police Inspector H). Toomey was brought to the station nearly exhausted—I asked what was the matter, and it was some few minutes before I could get an answer from the constables—Toomey became very violent, and we were obliged to put him in the cell till I could make inquiries—when he was told the charge he said, "The b—were after me, springing the rattles"—Christopher said nothing—I went to the house, and found that the entrance had been made by the first floor window—the bottom sash had been forced out—one man could not have done it alone.
NOT GUILTY .
NEW COURT.—Wednesday, March 3rd, 1869, and
OLD COURT.—Thursday, March 4th, 1869.
Before Mr. Recorder.
MR. SERJEANT SLEIGH and MR. WILLIAMS conducted the Prosecution; and MESSRS. RIBTON. and POULTER. the Defence.
the papers in the case of "Godrich v. Godrich, Lara, Bent, and Forder," we have no Record.
Cross-examined by MR. RIBTON. Q. Which petition was tried? A. Mr. (Godrich's—Mrs. Godrich's was never tried at all—Mrs. Godrich's petition was to be tried before the judge without a jury—it was filed, I believe, in 1867, and Mr. Godrich's petition on 18th November, 1867, which was set down to be tried by a special jury, in consequence of which his petition was taken first—his petition was for a dissolution of marriage on the ground of adultery; and on the part of Mrs. Godrich there was an answer, setting up adultery and cruelty on the part of her husband—they are obliged to deliver particulars of adultery committed with two persons—the persons she named were her sister and Mary Fox—I was not in Court—Mr. Godrich's petition was dismissed with costs—the jury found that she had committed adultery, but that her answer was correct, and that he was estopped from charging her because he had committed adultery himself.
JOHN STILES . I am one of the firm of Walsh & Sons, shorthand writers, of 3, Little George Street, Westminster—I was present in the Divorce Court at the case of "Godrich v. Godrich" when the defendant was sworn—I produce a transcript of her evidence, and the original notes.
Cross-examined by MR. RIBTON. Q. Were you present at the whole trial? A. No, only parts of it—I was present during the whole of the defendant's examination. (This being read, stated that the defendant was in the service of Mr. and Mrs. Godrich, that on the night of 30th September, 1866, she went to bed, expecting her fellow servant, Mary Fox, to come to sleep with her as usual, but leaving Mary Fox and Mr. Godrich up; Mrs. Godrich being at Ramsgate at the time; that Mary Fox did not come to bed, and that in the morning she (the defendant) knocked at Mrs. Godrich's bed-room door, which she found fastened, and that Mary Fox answered from inside "All right, Cottee, I will get up;" that the afterwards took in a letter for Mr. Godrich, and saw Mary Fox standing in her night dress in the children's room, and Mr. Godrich in bed in the adjoining room, and told Mary Fox that her father wot waiting.)
FRANCIS GODRICH . I am a surgeon, of Grove House, 140, Fulham Road, Brompton—in September, 1866, I was residing at 12, Sidney Place, Onslow Square, Brompton—on account of the illness of one of my children, Mrs. Godrich and the children went down to Ramsgate—I went down to Ramsgate on 29th September, joined my wife and children, slept there, and returned on Sunday, the 30th, by the last train in the evening, 7 or 8 o'clock, I believe—it was about 11.20 when I arrived at Victoria Terminus, London—before calling a cab I went into the refreshment room and had a sandwich and a glass of cold brandy and water—I then took a cab and proceeded home—I let myself in and found my cousin, Miss Hall, there, and a servant—my father has been in practice at Brompton nearly fifty years—Miss Hall keeps house for him—he brought her up—Miss Hall remained till nearly 1 o'clock in the morning—I let her out—while Miss Hall was there, the servant, Mary Fox, came into the sitting-room and asked if I would have anything for supper—I said, "No;" and, to the best of my belief, when I let Miss Hall out, Mary Fox went to bed—I did not see Cottee that night, nor any servant except Mary Fox—when I let Miss Hall out I went to bed—I slept in the top room front, that is, the highest floor—that is the room I always occupied for some years—my wife used to sleep in the front room, second floor—that room communicated with another, which is termed the children's room—I did not during that night, or any other night during my wife's absence,
sleep in the room on the second floor, which used to be occupied by her—I never occupied it for a night—I did not see Mary Fox next morning in that room in her nightgown—I was not in bed that room when Cottee more than once came to the door and knocked—I was not in the second floor room at all, neither back nor front—I can't remember where I first saw Mary Fox on Monday morning, October 1st—I do not remember whether I saw her before I came down stairs, or whether anybody called me in the morning—it was my custom to be called, and also for someone to bring me a cup of tea—I do not know of my own knowledge whether Miss Hall came to the house that morning, but when my father was out of town I believe she came every morning—my father had gone down to his country seat for pheasant shooting—he went down by the night train to be there on the 1st October, for the pheasant shooting, and I attended to his practice during his absence—Monday morning, from 9 till 10, is set apart for vaccination—I did not on the night of 30th September, or on the morning of 1st October, commit adultery with Mary Fox, nor at any time, or in any place—I discharged Cottee in consequence of this letter I received from Mrs. Godrich (produced)—I read part of it to her—Mary Fox was not called upon the trial at the Divorce Court, and to the best of my belief she was in America, but I don't know.
Cross-examined by MR. RIBTON. Q. You hold some public appointment! A. Yes; as medical officer of health to the Parish of Kensington—that is my only public appointment—it is a fact, that since my petition was dismissed, some explanations have been demanded of me by the parties under whom I hold my appointment—I was threatened with dismissal—I urged as a justification, that I had indicted the only witness against me, and said that their motion was premature—it does not depend on the result of this trial whether I am to be dismissed, the matter is over, and I am retained—Mrs. Godrich's petition was filed in June—we had been living unhappily for some years, and I had not slept with her since 1866, or very likely 1864—she lived in the house—it was one of her grounds of complaint against me, that I was in the habit of coming home late, and coming home intoxicated—another charge was not that I was in the habit of beating her—she once charged me with beating her with a cane, and she taxed me with frequently abusing her; and, on one or two occasions, with breaking the ornaments in the room and pulling the blinds down, but not with breaking the furniture—she taxed me with kicking her out of bed, but not with looking her out of the bed-room—she never taxed me with turning her out of the room after the birth of the first child, abusing her, seizing her by the throat and frightening her very much—I swear she never taxed me at Hastings with having struck her and knocked her out of a chair, or with ill-treating her at Hastings—I was at Hastings with her, eleven years ago is the last time—I don't remember whether I have been at Brighton with her since I ceased to sleep with her—she did not remonstrate with me about my sleeping in a different place to where she slept, and say that it caused remarks—I was at Brighton when I did not sleep with her—I remember it, but I can't say that it was before 1864—she slept at an hotel called the King and Queen, I think, and I slept in an hotel, of which I don't know the name, in East Street, one night, and then I went home—I went to see her at the hotel where she was stopping—I presume that they knew there that I was Dr. Godrich, and that she was Mrs. Godrich—she did not say that it exposed her to unpleasant remarks, my not sleeping with her—she taxed
me with having caught me with my arm round Miss Fowler's waist, embracing her—she is my sister-in-law—Miss Fowler and I very often went out together, as we lived opposite—I used to take her out to drive sometimes, by my wife's desire, with the children, and sometimes alone—I did not take her out to dinner at Putney—we did have some biscuits and a glass of sherry there—she was, I suppose, examined in the Divorce Court, but I was not there—I did not take her out to lunch very often—if I met her when I went to see my patients she would walk with me—the Star and Garter is at Putney—I have got costs against the two co-respondents, so I have not to pay the costs—we have lived very unhappily, and have not slept together since 1864, and she has made several charges of adultery against me—Mary Fox came to my house somewhere about August or September, but I can't say, because we had so many servants—she came first as a servant—she must have come in August, about a month or six weeks before this—I had not known her or seen her before—I have never taken her to casino's, or places of that sort—my father being surgeon to the police, I had some orders for Cremorne when it was the police fete there, my cousin asked me if I would give the orders to her two servants, I said, "Yes," and she said, "Your servant can go, too, if you like," and the three servants went—that is all I know about getting her orders for Cremorne—it is not true that I took her to places of amusement—I have not walked out with her alone, but I met her once in Kensington, by appointment—I was with a friend—it was about 7 o'clock on the Tuesday evening—I was going to the Vestry—I met her to give her a sovereign, because she said that Mrs. Godrich had assaulted her, and her bonnet and dress were torn—I said that I would give her compensation, that I had not got any money then, but if she would meet me I would give her a sovereign—this was after she was discharged—I never walked out alone with her before 30th September, or took her to a place of amusement—I used to give her money to pay for what I wanted in the house, which she accounted for, but not as a present—she remained in my house after the 30th, till some time in December—she did not remain till my wife returned, but left about a week before, or it may be a fortnight—she left because she said she would not remain—she did not know Mrs. Godrioh was coming back, neither did I—I have not the slightest idea where she went after she left me, but when I made the appointment with her she had rushed to my father's, when she said she was assaulted—I was at my father's, she complained to me, and I told her to meet me that night at Kensington—I did not give her a sovereign then, because I had not got it in my pocket—I could have got it from my father if he had been at home—Mr. Pile is the friend who was with me when I met her at Kensington—I never saw her after that—I swear that I never saw her after she left my house, except on those two occasions—I don't know whether she went into service—she never applied to me for a character, she may have to my wife—she told me she was going to America to be married, when she was in my service—it is impossible for me to say whether that was before 30th September—I had no conversation with her about marriage, and do not know how she came to tell me that—I heard from her father, just before the proceedings in the Divorce Court commenced, that she had gone to America—my petition was filed in October, 1867—I did not know when I filed it that she had gone to America—I fully believed she had gone—when I filed my petition, I knew that the first charge in Mrs. Godrich's petition was adultery with Fox—my solicitors inquired whether Fox was in this country,
I suppose—they did not tell me so—I heard that she had gone, from her father, before the trial—he did not tell me where she had gone—I did not ask him anything about it—I had notice when Mrs. Godrich's petition was filed, in June 1867, that one of the charges related to Fox—I did not then make inquiries; I put it into the hands of my solicitors and left them to do as they liked—I am not aware whether I told them she was in America—I dare say I said I believed she was there—I believe Mary Fox went down to Ramsgate on Monday morning, 1st October—I most likely gave her money to go, but I don't remember it—I remember, from your calling my attention to the fact, that I did see her that morning—I can't tell what time—I think she stopped a week—I can't tell whether she returned on the following Friday—I can't say whether I discharged the prisoner on the day after Fox returned, but if the letter is handed to me and I can see the date I will tell you—(looking at a letter) there is no date to it, only "Saturday"—if it was directed on Saturday I should get it on Monday—Fox did not complain immediately after her return that Cottee had said that she would prove or charge her with some improprieties of conduct with me—nothing to that effect—she did not tell me that Cottee had threatened to write to Mrs. Godrich to let her know of Fox's goings on—she did not tell me that she answered Cottee and said that she would make her prove it—I have no recollection of her stating that she and Cottee had had any altercation at all—I have no recollection of her saying so—I know she never said anything about impropriety of conduct—she did not tell me that she had some quarrel and words with Cottee—I could not have discharged Cottee before the Monday after Fox returned, because this letter is dated Saturday—I do not know whether I said at the Police Court that this letter was destroyed, but I could not find it—I told Cottee why I discharged her, and read part of this letter to her—I do not know whether Mrs. Godrich sent for her shortly after her return from Ramsgate, but I think it is very likely—about the 3rd or 4th June, shortly before the filing of Mrs. Godrich's petition, the furniture was taken from my house—a dozen men did not by my orders come to the house on the morning of 4th June, and take the furnitnre away—I mean to say that the furniture was removed before my wife's petition—three men, I think, came with a van, and the proprietor of it, and removed the furniture—I do not know whether my wife was in bed, or where she was, I know she was in the house—they began early in the morning—they did not strip the house—I left a lot of fittings behind, not fixtures—I had slept there the night before, and my wife also.
Q. Did they actually take away her clothes, and some of her jewellery? A. I do not know what they took away; the only jewellery I had was some sham ornaments not worth 10l., and the articles of wearing apparel were sent to her—her jewellery was not taken away, only to the value of 7l. or 8l.; the bulk of her jewellery went I know not where—some of her clothes were taken away by accident to my father's house, and returned a day or two afterwards, Miss Hall will tell you when—it was before the filing of her petition, I believe, but I do not speak positively—I was there part of the time when the men were there, but I had to attend to my patients—I gave directions to the men to take everything away—I do not know whether they went into her bedroom—45l. was taken away in her desk—the money was demanded of me afterwards, by her brother, Mr. Walter Fowler, but was not returned—her clothes were returned; I do not know whether it was by the advice of the solicitor; I remember now that the clothes were
sent to her solicitor's office—I do not know when Fox came back from America—I never saw her till the day before yesterday, but I heard, a week or a fortnight ago, that she had come back—I did not hear it before the proceedings in the Police Court were concluded—Fox was not called before the Magistrate; I did not know that she was in England—two of the men who gave evidence against my wife have not been committed by the Magistrate on a charge of perjury.
Q. Two women? A. I was not present—I was not there when the matter was inquired into—I heard one woman committed here for trial, but not the other—Miss Hall was present, but was not called; I have not the slightest idea why not—Miss Hall was in the habit of coming to call me of a morning, when my father was out of town—she lived six or seven minutes' walk off—she considered I did not get up early enough—I sometimes went to bed late, and sometimes at 12 o'clock—the charges of cruelty were not inquired into at the Divorce Court; the issue was adultery on one side and on the other—I was not in Court one moment—Cottee used to bring letters up to me sometimes, while I was in bed, and put them through the door, or come into the room, either Cottee, or Fox, or any of them—Fox, most likely, came into my room—it was always my practice to have a cup of coffee in bed, and I have no doubt all the servants have been in—I should say most decidedly that Fox has come in with my coffee, and most likely while I was in bed—after Cottee was discharged, Fox and I were the only regular inmates of the house; but Miss Hall has slept there, and Mr. Woodward—when Miss Hall did not sleep there, or Woodward, I and Fox were alone in the house—there is a front and a back room on the third floor—Cottee used to occupy the back room, and I slept in the front—there is a communication between the front and back—the second floor front room was Mrs. Godrich's room, and there is a communication between that room and the nursery.
Q. Had you desired Fox to sleep in the nursery? A. I had desired them to keep the beds aired, but who I said it to I do not know.
MR. SERJEANT SLIIGH. Q. Had you a patient at Putney? A. Yes; I drove there with Miss Hall, and had some sherry and biscuits—with respect to this sovereign, the girl Fox ran down to my father's house, I was at home, she had her bonnet torn and likewise her shawl; she said that she would summon Mrs. Godrich at the Police Court—I did not want an exposure there, and I said "I will give you something"—with that exception, either before or after 30th September, I never gave her any money except for wages and necessaries, but a woman came to me once and said that Mary Fox was living with her and could not pay her way, and I gave her two florins—I will not swear whether I gave Fox a sovereign or a sovereign and a half—the removal of my goods occupied a couple of days—I had previously made arrangements that my wife should have all my father's house, except the ground-floor, which was devoted to business, and supper was provided for her—previous to the removal of the furniture, I communicated to her that any articles she wished to reserve for herself she might reserve.
Q. You have been asked several questions about acts of cruelty; I do not know whether you understood my friend about the allegations in the Divorce Court, or as to acts of cruelty from time to time? A. At first I thought he meant the Divorce Court, but afterwards I found it was general—I was not guilty of acts of cruelty towards her at Hastings or Brighton—I have never
had any opportunity of meeting the charges of cruelty in the Divorce Court—the letter which has been handed to me is my wife's writing.
EMMA CHAMPION HALL . I am single, and am a niece of Mr. Godrich's father—I reside with his father, at Grove House, Brompton, which is about a quarter of an hour's walk from Sidney Place, where Mr. Godrich lives—I was in the habit of going to see Mr. Godrich two or three times a day when his father was out of town—I remember Sunday, the last day of September, 1866, when Mrs. Godrich was away at Ramsgate—I was at Mr. Godrich's house that Sunday evening, when he returned home at nearly 12 o'clock—he got in with his latch-key—Mary Fox was then up, but I did not see Cottee after 11 o'clock at night—I stayed till nearly 1 o'clock, and Mary Fox came into the room and asked Mr. Godrich if he would have any supper—he said "No," and that she could go to bed—I saw nothing more of her before I went away—on the Monday morning I went there at nearly 9 clock; I do not remember who let me in; I went straight up to Mr. Godrich's bed-room, at the top of the house, I called him there, on the top floor, and he answered—he is not a very early riser, and his father's patients had to be attended to as well as his own, as his father had gone pheasant shooting, and had started on 30th September, to be ready—I was not in the home more than a quarter of an hour—I knew the arrangements of the house, and that Mrs. Godrich's bed-room was on the second floor—I let myself out again, and do not remember speaking to any of the servants.
Cross-examined by MR. RIBTON. Q. At what hour did you go? A. About 8.30 or 9—I cannot say whether anybody saw me, I used to go in so frequently; so that it is not very curious I do not remember who let me in, and I never used to wait to be let out—I suppose somebody let me in—I had slept there on Saturday, because Mr. Godrich was away—I did not sleep there on the Sunday night—I went to call him every morning when his father was out of town—he was out of town about a week before—I called him on Tuesday and on Wednesday, but Mary Fox was not there on Wednesday—I saw Mr. Godrich on the Tuesday, and I knocked at his door and called him—I was fit the Divorce Court, but was not called as a witness—Mrs. Godrich and I have not been on very good terms for the last twelve-months or two years—she has not forbidden me to go to the house, not has she expressed a wish to me that I should not go there—I have not heard that she said so to anybody—she once brought a charge against me of opening her letters and parcels—that was in 1862—it was partly true—a parcel came to our house which I thought was for Mr. Godrich, senior, and I opened it in his presence—I have no recollection of any other time—I never opened a letter of hers, and never heard that she charged me with it—her children have been taken away from her—I have assisted in educating them—I know where they are, but I decline to tell.
ROBERT FOX . I lire at 5, Pelham Street—Mary Taylor is my daughter, she was Mary FOX.—she lived in the service of Mr. and Mrs. Godrich in the beginning of August, 1866—on Monday morning, October 1, she was going to Ramsgate; I went to Mr. Godrich that morning, about 8.30, and Mrs. Cottee was at the door—I saw my daughter in the passage about three minutes after I got to the door—she was dressed—I did not wait three minutes—Mrs. Cottee called to her down the kitchen stairs, and she came up—I was there between half-an-hour and twenty minutes—nobody came with a letter while I was there—I saw no boy or postman—I went away after I saw my daughter.
Cross-examined by MR. RIBTON. Q. At what time did you go? A. 8.30, and left about 9—this happened in 1866, and I was examined in 1868—I made my statement in July, 1868—I remembered all these particulars, because I went to get 5s. from my daughter—I do not know when she left Dr. Godrich's—I did not see her in 1866 after she left, but I saw her in January 1867—she was living as a servant—I do not know whether she went there direct from Mr. Godrich's, as I was in prison—she went to America on 14th April, 1867—I cannot say how long she stayed with Mr. Benson—I saw her about three times between January and April—I called at Mr. Benson's once and saw her, and I saw her at my own house—she went to America to get married—she was to have gone three months before, but I had not sufficient funds to send her out—Mr. Benson paid her expenses out—I knew who she was going to be married to—she met him in Ireland—I cannot tell you when, because I was not there—she told me in June, 1866, that she was going to be married, and the young man went to prepare a home for her—I knew of her going to Dr. Godrich's, but did not know that he was living apart from his wife, or that she was the only person in the house with him from October to December—I do not know whether I should have objected if I had known it—I should have used my own discretion, she had to get her living, and as to a gentleman's private character, I have nothing to do with it—I was examined in the Divorce Court—I have been convicted of assaulting my wife—I got three mouths'—I came out on 2nd January—I have been working for Mr. Spicer since I came out—I was never charged with assaulting my wife before.
MART TAYLOR . I am the wife of Godfrey Taylor, of Detroit, Illinois, United States—previous to my marriage my name was Mary Fox—in 1866 I was in the service of Mr. and Mrs. Godrich, of Sidney Place—Mrs. Godrich was at Ramsgate in September—Mrs. Cottee was also in the house as servant—I remember Mr. Godrich going to Ramsgate, and coming back on a Sunday evening, about 12 o'clock—I went to Ramsgate next day, to Mrs. Godrich—I know Miss Hall—Mr. Godrich let himself in—Miss Hall was there when he arrived, but the prisoner was in bed—I left Mr. Godrich and Miss Hall in the dining room when I went to bed—my proper place to sleep was in the back room at the top of the house, and on that night I slept in that room with the prisoner, in the same bed, and she got up first on the Monday morning—I never left my bed with her the whole night—it is not true that during that night I was in the room with Mr. Godrich, or on the Monday morning—I got up about 7 o'clock on the Monday morning, as far as I can recollect, and saw Mr. Godrich first in the dining room, at a little after 10 o'clock—no person, boy, or postman, bad brought a letter before that—I remember Miss Hall coming that morning—I remember my father coming—I was then in the kitchen, and Mrs. Cottee called me—it is not true that he had to wait a quarter of an hour or twenty minutes before he saw me, I came up immediately—between the time I left Mr. Godrich with Miss Hall in the dining room to the time I saw him next morning, at 10 o'clock, I had seen nothing of him—I sailed for America on 14th April, 1867, to be married—I had been in Lord Hawarden's service previously—that is where I made acquaintance with my husband—he went to America before I did, and I went out in April, to be married to him—after I left Mr. Godrich's, I went to Mr. Benson's, of 10, Palace Gardens—he kindly paid my passage out to America, to be married.
Cross-examined by MR. RIBTON. Q. I suppose you used sometimes to go
into Dr. Godrich's bedroom? A. Yes, and while he was in bed, to take his cup of tea or coffee; and Mrs. Cottee has done the same—I left? the beginning of December, because my father would not allow me to stay after Mrs. Godrich returned from Ramsgate—I left before she returned, in the beginsning of December—I do not know when she returned—I knew she was coming home, Miss Hall told me—I did not tell my father, he was not there, but Mrs. Cottee told my father I was acting there as a spy for Mrs. Godrich, and he said that I should not stay there after Mrs. Godrich came home—he told me that before he went away to prison, if you must know—he went to prison in October—he told me I should leave immediately, but I did not, because I was endeavouring to get a few pounds to go to my husband who is now—I did not tell my father that I should not leave—I left a week before Mrs. Godrich came home, because I wished to do so; Dr. Godrich and I being the only inmates of the house after Mrs. Cottee left—I returned from Ramsgate on a Friday—Mrs. Cottee left on a Monday; I do not know whether it was the previous Monday or the Monday week after—she did not stay a fortnight—I do not say that she left the Monday after I returned, I do not know what Monday she left—I was the whole of November and part of October in the house with Dr. Godrich alone, although my father had told me to leave—I left to go into service—I knew through Miss Hall that Mrs. Godrich was returning—I do not know whether I had any wages from Dr. Godrich, my engagement was for 6s. a week—I received some at one time and some at another—I do not know how much he paid me when I left—he has given me money for my wages, and for household purposes, but not for myself, only on one occasion, when Mrs. Godrich had assaulted me—he then gave me two half-sovereigns—that was in March, 1867, after I left—he did not pay my wages every week—he was living there the whole time, but I hardly knew when he came in—he was sometimes in late, and sometimes early—I slept sometimes in my own room, and sometimes in the other rooms, as I was ordered, to air the rooms—I have slept in Mrs. Godrich's room when she was away, and in every room in the house but Mr. Godrich's—I slept in Mrs. Godrich's room in November, and Mr. Godrich slept in the room over head—I met my husband in Ireland, and was engaged to be married a year before I was married—I went out to America in April, 1867—I did not go before because I had not sufficient money—I did not go into Mr. Benson's service for a week after I left Dr. Godrich's—I went to the New Road—I forget the woman's name I lived with there, it was a tenement house—I lived there a week and a few days—I knew Mr. Benson through a nurse, who was at Lord Hawarden's—I had lived with her in 1865, and she knew my character—I did not apply to Dr. Godrich for a character, and did not tell Mr. Benson that I had been living there, I do not know whether Mrs. Willis did—I do not know whether Mrs. Benson knew, I did not tell her—I told her that I was going, and Mr. Benson freely paid my passage, 12l. I think—to the last moment I never told them that I had been living at Dr. Godrich's—I had no conversation with them—I sailed from the Victoria Docks in the William Penn—I arrived in America on 1st May, and was married on the 18th—we left our home in the West on 18th January, we arrived in Southampton on 1st February, and got to London on the 2nd—my husband came with me—I have no family—my husband was communicated with, and I first heard of it on 16th January, this year—I did not correspond with my father while I was away—Mr. Godrich, senior, communicated with my husband—he did
not send money—my husband is a farmer—he did not come over at hit own expense, Mr. Godrich, senior, defrayed it, but my husband never received any money—we had 1100 miles to come, and our passage was paid by an agent in New York—no money was given to us besides—I have not received any since I have been here, nor has my husband, to my knowledge—I do not expect to receive any, but I expect my character to be cleared—since I came to England, I have been living with my husband at my father's house, 5, Pelham Villas, Brompton—I do not know Mrs. Mary Ann Hallam, of 25, Lisle Street, Leicester Square.
Q. Her name is Noble, now? A. I knew two girls named Noble, that is one of them (a girl who wot called into Court)—I knew her sister, but not long—I knew this one some time before I went away, but I was not intimate with her—I have never walked out with Dr. Godrich, or been to a casino with him, or any place of amusement—I went to Cremorne once with a ticket—Mrs. Hallam, then Noble, used to live in Coventry Street, but I do not know at what time—I have called upon her there, but cannot remember whether it was in October, 1866—I did not call on her on one occasion, when Dr. Godrich was with me—I swear that—I did not, to my recollection, go in and say, pointing to the gentleman outside, who was not within hearing, "There is a sweetheart for you"—she did not ask me who it was, and I did not say it was my master—she did not ask me his name, and I did not say, Dr. Godrich—I did hot ask her if she knew him, and she did not say, "No, and I do not wish, I know better than to keep a married man's company"—the conversation is utterly false—I did not tell her that Mrs. Godrich was at Brighton, or that I had slept with Mr. Godrich three nights running, and he went into my bed-room and gave me three golden sovereigns, or anything to that effect—I did not call on her about a fortnight afterwards and say, "I suppose you thought you were not going to see me again, Mary?"—I do not remember going there—I used to call her Mary, that was her name—I never said that I had got Dr. Godrich's likeness to show her—I had no photograph of him—there was a large picture of him in the drawing-room, but I never saw a small likeness—I did not tell Dr. Godrich to what place I went a week before Mrs. Godrich returned, and he did not know, that I know of—after I left his house, I saw him in Kensington, in March, and when I went to Grove House, to his father, the same day Mrs. Godrich assaulted me, he told me to meet him near the Vestry Hall, Kensington—nobody has told me what Dr. Godrich has sworn here to day; I swear that—I did meet him in the street at Kensington—he did not give it me at his father's house, because he said he had not got it—he named a place near the vestry; he said, "I shall be at" the vestry"—he did not stay very long talking to me—I was not in Mr. Benson's service then—I left some time in March, I cannot recollect how long before I started for America—when I left Mr. Benson's, I went to 18, Brown Street, Edgware Road, to Mrs. Donald—she does not keep a lodging-house; she may do charing sometimes—I have known her husband since I was a child, or rather he has known my father and mother—he is a painter—I left Mr. Benson because I was going to America—it may have been a week, a fort-night, or three weeks before I started—I do not know whether Mr. Benson knew that I was going to Mrs. Donald's, but Mrs. Willis did—I never had any conversation with Mr. or Mrs. Benson about it, but with Mrs. Willis, who lives in the house as their nurse; all my communication was through her—I did not go to my father's, because I and my mother were not on
very good terms—I do not know how long we had been upon bad terms—my father went to prison, and it was through that—it was after I went to Dr. Godrich's that I was on bad terms with my mother, and before I left—she did not find fault with me for staying there—I cannot explain how my father being sent to prison for assaulting my mother, made me on bad terms with my mother—it was through my mother and father quarrelling that I was on bad terms with my mother, and my father being sent where he was—I saw Mrs. Benson the night before I went on board ship—she did not give me the money, I never received any; the passage was paid, and Mrs. Willis gave me the passage papers—I know Julia Crane—I used not, in addressing her, to call Mr. Godrich "Franky, dear"—I saw her in November, 1866, while I was living at Dr. Godrich's—I did not say that I was going to buy dresses, or that I could get some money from "Franky, dear"—I said, in November, that I would ask him to pay me my wages—I went and asked him, in the dining room, and brought out two sovereigns for my wages—I did not say, "Franky, dear, is a duck of a fellow, he gave me this"—he paid me two sovereigns, and I went out with Julia Crane and bought a dress—I do not know whether that was my wages up to that time—I asked him for some money for my wages—he said, "I have two sovereigns, Mary, will that be sufficient?"—I said, "Yes," and he gave them to me, but my wages were over that—the only money I received from him before, was when I went to Ramsgate, to pay my fare, something under half-a-sovereign—he had never paid my wages before that—it was 6s. a week, from the beginning of August—I had received a few shillings from Mrs. Godrich, in August—I do not remember how much was due to me when I left, but I knew at the time—I received all my wages the day I left Mr. Godrich's house—I do not know how much he paid me—I was only a weekly servant—I told him I wished to leave, as I was going to America, and I did leave—I just know Elizabeth Payne, and that is all—she was at Dr. Godrich's, I believe, the last Sunday in September, to tea, the Sunday before I went down to Ramsgate—I do not remember whether I saw her after I came back from Ramsgate—Mrs. Cottee did not go out, leaving me and Elizabeth Payne alone—I did not go into the front room, second floor, and tell her I slept there, and roll up my night dress and put it under the pillow—I have had a conversation with Mrs. Godrich, about Dr. Godrich—before Mrs. Godrich left for Ramsgate, Dr. Godrich never came into my bedroom while I was in bed—I never told Mrs. Godrich that he had, for he never once did—I never told her that he said he would not leave my room so quietly the next time—before I went into Dr. Godrich's service, I was in Lord Hawarden's service, in 1865—I left in March, 1866, as the Whit Sunday was the next day—I was out of service till I went to Dr. Godrich's, and was staying at my father's house—I was never in Mr. Godrich's service before 1866—Mrs. Godrich assaulted me, in March, at Sidney Place—she sent for me—I had met Julia Crane several times in the street, and she wanted me to go and see Mrs. Godrich—I went, in consequence, and she wanted me to say that Mr. Godrich had taken liberties with me—I said, "No"—she said, "Confess, and let us be friends"—I said, "No"—she asked me what vessel I was going by—I said, "The William Penn—she said, "The William Penn shall never see you go out of England," and seized me violently, and tore my dress—she said nothing about Mrs. Cottee, but she said that she had spies, and she knew I had slept with Mr. Godrich, but that if I would say so, no harm should come to me; that she had
spies, and I might as well confess, and if I would not confess, she had money, and could bribe people to ruin my character—she did not say that some of the spies had said that I slept with Dr. Godrich, certainly not, but she wanted me to say so—I went and complained to Dr. Godrich—I do not know how long I was in the house altogether, but she kept me half-an-hour in her bedroom before she came to me—I heard a great many people in the house, I do not know who, and Julia Crane was there; I met her when I ran down stairs—Mrs. Godrich tore my dress and bonnet, and hurt my hand—I showed my dress to Dr. Godrich and Mr. Woodward—I saw him the same day, and Dr. Godrich saw me in that condition—he did not give me the money the same evening; he said that he had not any money there, but he was going to the vestry on Friday night—I said I would summons Mrs. Godrich for assaulting me, and he said that if I would meet him there, he would give me two half-sovereigns to pay for my dress.
MR. SERJEANT SLEIGH. Q. Is your husband in a good way of business in America? A. Yes—Mrs. Willis was a principal servant in Lord Hawarden's service, and afterwards she became a principal servant at Mr. Benson's—I never had any familiarity with Dr. Godricb, or any man, until I married my husband.
The following Witnesses were colled for the Defence.
ADELAIDE FANKY GODRICH . I am the wife of Dr. Godrich—I was married in 1856—I continued to live with my husband up to 7th June, 1867—we had been entirely separated from 1864, but my husband before that rarely came to my room above two or three times in the year—in 1867 I was obliged to leave altogether—my husband stripped the house—directly after that I filed a petition in the Divorce Court—I was not aware at that time that Mary Fox had left the country—I had been to her mother about the middle of September, 1866—I went to Ram gate, and took my two children with me—I left Mrs. Cottee and Mary Fox in the house—Cottee had been with me since June, as cook, and to assist generally—I had not known her before that—I had never seen her before May or June—she was recommended to me—I think Fox came into the service in July, as housemaid—she had regular fixed wages—I think it was 12l. or 14l. a year—I really forget whether she was engaged weekly or yearly; she came as a servant, certainly—Dr. Godrich accompanied me to Ramsgate, and stayed there four days—he lived in the same house with me—we stayed at the Royal Hotel till he left, and then I took apartments—Fox came down to Ramsgate to me on 1st October—she remained, I think, three days, and then returned—Dr. Godrich came down to me afterwards, at Ramagate—this letter (produced) is my handwriting—(Read: "Saturday, 8, Morning, Trevor House,—Dear Frank, I have arranged with Mary, and she thinks she can mind the house very well. I should say Cottee could go, but you must, of course, tell her so, and that you think two unnecessary. Perhaps, as Woodward is up in town, you can arrange so that Charles Heaven could be at our house of an evening, and sleep there. Did Mary get up safely; I kept her the whole week, she looked so wretchedly ill. The weather is miserably dull, we are praying each day it may change. I of course, gave Mary money for her cab and train. Don't give her her wages, as I am going to buy her clothes with them down here, as clothes are wonderfully cheap here. If you come or send, Mary knows what we want. Give my love to Emma, and thank her for her last note: I will write to her soon. The children
are quite well, and send beet love.")—That letter was evidently written after Fox had been to Pamsgate and had left—before I wrote it I had some conversation with Dr. Godrich at Ramsgate, which compelled me to write it—he threatened me—he said he would compel me to write that letter to discharge Cottee—the letter was written in consequence of something Dr, Godrich said to me.
Q. How soon after this conversation with you, whatever it was, was it that that letter was written? A. That I can't say exactly—I was very ill at the time—it is dated Saturday—I could not say whether it was written on the same day I had the conversation with him, or the day after—it was entirely in consequence of what he said to me that I wrote that letter—I remained at Ramsgate six weeks—I went to Brighton after I left Ramsgate—I returned home quite the beginning of December—I found Miss Hall in the house—the first day I arrived there was no one but her, she was entirely alone—there were no servants, both Cottee and Fox had left—I had been there many weeks before I sent for Cottee, some weeks; I sent repeatedly—it was some weeks before she came to me—she came at last—I then had a lengthened conversation with her—in the course of that conversation she made a certain statement to me—I did not see Fox for some weeks after that—I made inquiries for her, but could not find her—those inquiries were made in consequence of the statement that was made to me by Cottee—it must have been the end of March before I found her—she at last came to my place, and I had some conversation with her—I did not on that occasion ask her to say that Dr. Godrich had taken liberties with her, nothing of the kind—may I state what I said?—I did not make her any offer if she would say that Dr. Godrich had seduced her—I said I hoped she had come to confess—I did not make her any offer of money, or anything else, if she would say that Dr. Godrich had seduced her—I never said such a thing—it is most untrue that I locked the door upon her and thrust her back, assaulted her, and tore her clothes—she struck me, she was insolent directly she came in, and I rang the bell, and Julia Craven came—Fox went away instantly, ran down the stairs—it is utterly false that at the time she left, her drees and bonnet were torn—it is entirely untrue that I said to her that I had spies, that I had bribed persons, and would ruin her character.
Q. Did you say this to her: that someone had told you that she had slept with Dr. Godrich? A. I said something to this effect, I hoped she had come to confess to me what I had heard—I never saw anything more of her after that interview—I remember her making a statement to me about Dr. Godrich coming into her bedroom; that was a few weeks before I went out of town—she told me that Dr. Godrich had entered her bedroom on two occasions, that she had awoke and found him standing at her bedside, and he told her in the morning that the next time he came in he should no; leave her so quietly—I don't remember the day she told me that, it was two or three weeks before I left town, I think—I had charged Miss Hall with opening my letters, and forbidden her my house in consequence—after the furniture being taken away, and my filing my petition, I have ceased to live with my husband—I have not spoken to him since—my children have been taken away—I have no means.
Cross-examined by MR. SERJEANT SLEIOH. Q. In this divorce suit, you charged Dr. Godrich with adultery with your own sister, Miss Fowler, did you not? I did—I was advised to do so by counsel, my counsel
insistod on it—the verdict of the jury could not alter the evidence that was given to me—I have, since the jury acquitted him of it, repeated my belief that he was guilty—two persons, named Williams and Legg, were witnesses examined at the Divorce Court against me, with reference to the adultery alleged to have been committed by me with Mr. Forder—I think I instituted proceedings against them for perjury simultaneously with the prosecution against the prisoner—Mr. Forder was corresponding with my solicitor, and my solicitor understood he was bringing proceedings, or else mine would have been taken directly; they were, in fact—I can't tell the date exactly when the summons was taken out—as regards the other corespondent, Lara, they found that against me likewise, but they would not have done so if I had been allowed to call evidence—I believe only one witness was examined in reference to that issue—I was in Court—I think Mrs. T., who I did not recognize, was the only person that proved that—it was alleged to have taken place at Brighton, in the presence of my children and servant, by a person who was not with me.
MR. RIBTON. Q. You say that in the Divorce Court you charged Dr. Godrich with committing adultery with your own sister? A. Yet—I gave instructions to prosecute Williams and Legg from the first day Mr. Moojen was in correspondence with the solicitors of the co-respondent—I did not myself give definite instructions till a month after the trial, because Mr. Forder kept me waiting—it was not in consequence of the prosecution against Cottee that I instituted the prosecution againt the others; it had nothing to do with Cottee—the jury found me guilty as regards two co-respondents—I believe there were eight co-respondents in the first petition, and four afterwards—these four were all most intimate friends of my husband's from childhood—one of them, Mr. Bent, is dead
COURT. Q. When did you first bear of Fox having arrived in this country? A. Last Saturday, I think—Mr. Smythe informed me, I think, at the Police Court, that he had had the information the day before—I did not hear it stated openly in Court last Saturday week, I don't think it was stated so.
MART ANN HALLAH . I am married—my husband is a brewer's drayman—I live with him at Mr. Child's, 25, Lisle Street, Leicester Square—I have known the witness, Mary Fox, between three and four yean—I knew her in October, 1866, two years last October—I knew her before that time—she came to me one evening—I now know Dr. Godrich, but I did not before he came that evening with Mary Fox—I can't tell you the date, it was in the evening, I was washing; she came to me at the private door—she said to me, "I have a young man outside"—I said, "Have you?"—she said, "Yet"—I went to the private door to look; he stood about three or four doors off of me—I asked her who it was—she said it was Dr. Godrich, did I know him—I made answer "No," and I did not wish to know him—I had never seen him before—I saw his portrographic (photograph), she brought it and showed me and several more—I asked her where Mrs. Godrich was; the told me she was down at Brighton with the two children—she did not say anything more explaining her being out with Dr. Godrich—when she came again she told me that Mr. Godrich gave her two sovereigns, and slept with her three nights—I can't tell you exactly how long that was after the evening she pointed him out to me, I had something else to think about than think of this concern—she was in Mrs. Godrich's service when she came and saw me the ant time, she told me so; but when she came again she had left Mr.
Godrich—I did not learn from her when she came the first evening, where she was going; she did not say—I saw her walk away, and I went and shut the door—I did not look after them—I was single at that time, in service at No. 1, Coventry Street, Hay market—it was against the lamp-poet at the corner that Dr. Godrich was pointed out to me by Mary Fox, near No. 1, Coventry Street.
Cross-examined by MR. SERJEANT SLEIGH. Q. What hour was it? A. I can't tell you, of course I can't; it may have been between 6 and 7 o'clock—the gentleman did not walk up to the door, he was about three or four yards from the private door while I was talking to her, not near enough to hear all that was said—I am very dull of hearing myself, and I could not hear what they said—the gentleman was not near enough to hear us, we stood more inside the door, because it was too cold for me to wash outside the door—it was in the Autumn of 1866, in October—I did not know the gentleman till then—I saw him in the Divorce Court after that—I knew him again in the Divorce Court—I did not see him after that night till I saw him in the Divorce Court—no one showed him to me in the Divorce Court, I showed Mrs. Godrich him—I was there with Mrs. Godrich—I had not known Mrs. Godrich previously, I never saw her before; of course I saw her when she sent a paper to me; I went to her then—I never saw her before, not to know her—I went to her when I had to go to the Divorce Court, not before—I got a paper to go to the Divorce Court—I saw Mrs. Godrich before I went in there, at the lawyer's—I was not examined at the Divorce Court; I was there, but not called in—I did not go several times to the Police Court, at Westminster, while this investigation was going on against the prisoner; I was only there once—I did not go there with Mrs. Godrich, I saw her there—I have not seen her at all within the last month or six weeks—the gentleman, who I say was Dr. Godrich, was standing three or four yards off, against the lamp-poet, whilst I and Mary Fox were talking inside the door-way, just against the door.
MR. RIBTON. Q. Whether you had seen Dr. Godrich before that night or not, or whether you are certain he was there or not, are you quite certain that Fox was there? A. I am certain she was at the door with me; it was not anybody else—I was served with a paper, ordering my attendance at the Divorce Court, and I was there each day, ready to give evidence if required—I had then seen Mrs. Godrich's lawyers; I had told them what evidence I should give, before I went to the Divorce Court—my sister had lived fellow-servant with Mary Fox, that was how I came to know her.
COURT. Q. How long had you known her before she came to you in October, 1866? A. I can't tell how long exactly, my sitter can tell, I dare say—I had not been intimate with her at all, I had never been out with her anywhere—I was never a person that had much to say to her—I can't tell how long it was before I went to the Divorce Court that I went to the lawyer's, it was weeks before—I saw Mrs. Godrich there, she came in while I was there.
JULIA CRANE . My husband is a coachman—in 1866, I was at Ramsgate with Mrs. Godrich, as servant—I returned to Sidney Place some time before Mrs. Godrich, it was on the 8th November—Mary Fox was in the house when I returned—I have heard Mary Fox speak of Dr. Godrich as "Franky, dear," on several occasions—I used to hear her speak familiarly, and say, "Franky, dear," entitling Mr. Godrich—I remember, on one particular occasion, her getting money; one day, in November, I went to Mrs. Godricb's
to see Mary Fox—I did not live in the house after I returned from Brighton—I went home to my husband—I did not return to Mrs. Godrich's house again, to live there, I was in the habit of calling there, and on this morning Mary Fox told me she should go and ask "Franky, dear" to give her some money—she went into the dining-room while I waited in the hall, and when she came out she showed me two sovereigns, and said, "Is he not a duck of a fellow"—she did not say what the 2l. was for; she did say it was for wages, but her wages were not so much as that—she bought some dressess with it; I went out with her to buy them—I remember, some time after Mrs. Godrich's return, Fox coming to the house—I answered the bell when it was rung; I was there occasionally, not living in the house; I was there that day Mrs. Godrich's bed-room bell rang, and I answered it—I ran to the door, and on opening the door I saw Mary Fox push Mrs. Godrich with her hand, not down, but push her back, and she rushed past me down the stairs and out at the front door—I did not perceive that her dress or bonnet were damaged in any way; she looked all right as she rushed past me—I did not see anything at all disarranged—if her dress or bonnet had been torn I must have seen it in passing me down the bed-room stairs.
Cross-examined by MR. WILLIAMS. Q. Do I understand you to say that Mary Fox called Dr. Godrich "Franky, dear," to his face? A. It was in speaking—I did not hear her call him so to his face, only in conversation with me—he was not called "Franky, dear," by the children and other persons in the house; I don't think so—I think the children called him, "Papa," not "Franky, dear"—I won't say they never did say so, but not as a rule—sometimes they might have done it, but as a rule, "Papa"—I don't know about Mrs. Godrich, I might have heard her say so, but not frequently—I was standing at Mrs. Godrich's bed-room door when Mary Fox passed me—I was coming up the stairs—Mrs. Godrich rang the bell violently, as I was coming up the stairs, and I answered it—I was close by the door—Mary Fox came out hurriedly, rushed past me down the stairs, and out at the front door.
COURT. Q. You did not visit Mary Fox anywhere, did you? A. Since she has left, not anywhere—I never called on her anywhere—she had taken tea with me at my own house the night before—I had not seen her often—I met her quite by accident in the street, and, of course, as fellow-servants, she spoke to me, and I think I asked her if she would come and take tea with me next day—I had seen her once or twice, I can't say how many times—I think I had asked her to go to Mrs. Godrich—Mrs. Godrioh said she wished to speak to her—I asked her the day before, when she was at tea with me, I believe that was the only time I asked her—I had met her in the street at different times before that, but not gone to see her anywhere—I was at the Divorce Court—I had been previously examined by an attorney—I was examined at the Divorce Court.
ELIZABETH PAYNE . I live at 89, Onslow Buildings, Brompton, and am a dressmaker—I have known Mrs. Cottee five years—I knew her when she was at 12, Sidney Place—I remember her being there when Mrs. Godrich was out of town, in September, 1866—I went to 12, Sidney Place in that month—I was left alone in the house with Mary Fox; Mrs. Cottee was out—I had not known Mary Fox before she was in Mrs. Godrich's service—I went to see Mrs. Cottee, and found Fox there as her fellow-servant—I went with her into all the rooms in the house, at her request—she took me over the house, amongst others we went into the front room second floor—she told me she
had slept in that bed, and I saw her roll a night drees up, and put it under the pillow—she did not say whose night dress it was—I could not tell whether it was a gentleman's or lady's—I did not ask her—she did not say whose room it was—she washed, and dressed her hair there.
ELIZABETH HODGE . I am the wife of George Hodge, a painter, of 69, Onslow Buildings, Brompton—I have known the prisoner five years—I knew her for some considerable time before she went to Dr. Godrich's—she is particularly truthful, honest, and industrious—she is a widow, with a family—I remember seeing her in the autumn of 1866, at my house—she called on me—she spoke of Mr. Godrich going shooting, so it must have been in the autumn, the sporting season—I had never seen Mary Fox, and did not know her—Cottee was in service at Dr. Godrich's at that time—she came from his house to mine—she made a statement to me, and referred to Mary Fox.
Several witnesses deposed to the prisoner's good character.
DR. GODRICH. It is perfectly untrue that on any night or day, or on any occasion whatever, I accompanied Mary Fox to No. 1, Coventry Street, Haymarket, and that I stood outside while she went and spoke to somebody at her door a few yards off—I have already said, on no occasion was I out walking with her.
Cross-examined by MR. BESLEY. Q. Were you present at the Police Court on the occasion of this prosecution being opened? A. No; yes, I was at the Court, but not in the Court—I did not hear the case stated to the Magistrate—I have heard of my father sending money to America—I presume I had heard of it at that time—I say yes, I believe so—I got, the address of Mary Fox after the case in the Divorce Court was heard, soon afterwards—I never got the address, because I don't know the address now—I did not know that my father knew it, but I heard from him that he had sent sufficient money to bring her over to England—I did not give instructions for it to he said that I did not know where she was—I stated that I was unable to have her—I was not then aware that money had been sent—I did not tell the Magistrate that she was on her way to this country, because I was not asked—I presume, if I had been asked the question, I should have answered it, of course.
MR. WILLIAMS. Q. Were you present in Court when your solicitor was put into the box, and proved that he had caused inquiries to be made, and had lately succeeded in finding out the address of Mary Fox? A. I was then in Court—the trial in the Divorce Court lasted four days.
GUILTY .—Recommended most urgently to mercy by the Jury on account of her previous good character. The Prosecutor also recommended her to mercy.— Twelve Months' Imprisonment.
NEW COURT.—Thursday, March 4th, 1869.
Before Mr. Common Serjeant.
MR. F. H. LEWIS. conducted the Prosecution; and MR. COOPER. the Defence.
THOMAS BALDWIN . (City Policeman 655). About 7 o'clock on the evening of 19th February, I was in Cannon Street, and met Daniel Kelly carrying a Back, and Costello carrying two—I followed them to the cab rank opposite Red Lion Court, where they put the sacks on a cab—I told Daniel Kelly I was a police-officer, and asked what he had in the sacks—he said, "Brushes"—I asked him where he got them—he said he bought them somewhere in the City, he did not know where—I said his tale was unsatisfactory, and I should take him to the station—we drove there in the cab, and I found in the sacks nearly 400 brushes, four pairs of gloves, five sponges, three drinking flasks, and four wooden salad forks and spoons—Kelly said that he had paid 3l. 10s. for them—from the marks on the brushes, I went to Messrs. Taylor & Black's, 107, Cannon Street, and found the door ajar—I watched the place, with another constable, and saw John Kelly come out at about 9.45—I followed him as far as Bow Lane, stopped him, and told him I was a police-officer, and had seen him leave No. 107 rather late, and asked him to give an account of it—he said that he was in possession—we said that his tale was unsatisfactory, and we should take him to the station—we told him that Daniel Kelly and Costello had been stopped—he said, "If it is those sacks, I have sent them to Mr. Eiloart's, in Chancery Lane, to be sampled off"—I charged him with stealing the goods—he gave his address 267, High Holborn—I found that to be an untenanted house—Costello said that he was hired in Cannon Street to carry the sacks, and that he never saw Kelly before.
Cress-examined. Q. Were the marks on the brushes or labels, or stamped in? A. On gum-labels, which were on a good many of them—I am quite sure he used the word "sample"—these others are plasterer's brushes, there are twenty-eight of them—the others are clothes, nail, and tooth brushes—the direction he gave was an empty house, but he was in charge of it, therefore he gave his right address.
DANIEL HALSE . (City Policeman 607). I went with Baldwin to the prisoner's house—his wife pointed out a box to me, in which I found two scrubbing brushes, a black-lead brush, a new hair brush and comb, and a nail brush—one brush appeared new, and the others as if they had been dipped in water—there was no name on them—I afterwards went to 10, Plough Court, Fetter Lane, the address given by Daniel Kelly, and in a box there I found two new hair brushes, a drinking flask, two clothes brushes, and two hand looking-glasses, all new—there were no names on them, but they were ticketed with the price.
Cross-examined. Q. Was John Kelly's box locked? A. No—his wife said that the brushes and combs belonged to her, but the other things she knew nothing about.
SIDNEY KING . I am foreman to Taylor & Black, 111, Cannon Street, brush manufacturers—they are bankrupt—some of these brushes are their manufacture, and others are such as they kept in stock at the time of their bankruptcy—they would not have our labels on them, but we label them if we send them out.
Cross-examined. Q. Might not the person who supplied you, supply other firms as well?. Certainly—we generally buy of the same firms—wholesale manufacturers do not supply retail traders, but wholesale houses—we take stock once a year, and did so seven or eight weeks ago—the bankruptcy was three or four weeks ago.
FREDERICK WARMAN . I am clerk to—& Eiloart, of Chancery Lane—John Kelly was in their employment, and that of another auctioneer, about thirteen years—I had made an arrangement with him to catalogue the goods of Taylor & Black on 20th February, on the premises, 107, Cannon Street—he was the man in possession, but he was to get the goods ready to lot.
Cross-examined. Q. Was he to make the best use of his time to lot the goods for another? A. Yes—I did not care how he did it if everything was right—he was employed in other matters during the day, and could only attend to this of an evening, and therefore only had a short time to lot the goods—the great thing to do was to make the most of them—if there were forty brushes, and I thought they would fetch more in small lots, I should make six, seven, or eight lots of them—it is three years since I knew him—he has had thousands of pounds' worth of property, of all kinds, in his possession, and was always found honest—he had between 2000l. and 3000l. worth of plate on one occasion—I know nothing of Costello.
EDWARD KNIGHT . (City Police Inspector). Daniel Kelly and Costello were brought to Bow Lane in custody—I asked them what account they gave of the brushes, Daniel Kelly said that he purchased them of a man in the City—I asked where—he said at the end of Cannon Street, by Bishopegate—I asked him if he could give me the man's name—he said that he did not know it—I asked him how much he gave for them—he said, "3l. 10s."—I asked him if he could tell us the number of brushes the sack contained—he said that he could not—I asked if he could give me the number of any one sort of brush that was there—he said, "No"—Costello heard this, and said that he was only hired to carry the goods, and knew nothing of Kelly—when John Kelly was brought in, he said that he was in charge of a bankrupt's premises—I said, "Before you answer, it is only fair to tell you that two men are detained here for bringing things from that place"—he said, "All right, it is my brother, and his brother, who I have sent to sample the goods; I have told them to take them to the warehouse in Chancery Lane; he was to take them to my house."
FERDINAND EILOART . I was the auctioneer employed in the sale of the bankrupt's assets, the value of which I was told was about 300l., and the value of the property removed about 40l.—my chambers are closed between 5 and 5.30—I should think Kelly must have known that they were closed at that time—I am a surveyor—property of this kind would not be removed from the premises to be sampled, and if it had been, there would not have been twenty or thirty of the same kind—he had no authority to remove it from the warehouse.
Cross-examined. Q. Were you in partnership with Mr. Hammond once? A. Yes, and Kelly was then in my employment for twelve years—I had the highest confidence in him—I do not think he ever did anything wrong—he had some thousands of pounds in his charge, under my supervision—I trusted him with all the keys.
DANIEL KELLY— GUILTY .— Eighteen Months' Imprisonment.
JOHN KELLY— GUILTY .— He received a good charaeter—Recommended to mercy by the Jury—Nine Months' Imprisonment.
COSTELLO— NOT GUILTY , and the Jury expressed their belief in his actual innocence.
MR. LANGFORD. conducted the Prosecution.
JOSIAH CHRISTOPHER NORTON . I occupy the first floor of No. 11, Barking Church Yard, in the parish of All Hallows, Barking—on 23rd February, about 12.30, I heard a noise, got out of bed, and went on to the landing, and saw the prisoner rush from the side door of Mr. Miller's shop, a working jeweller—the side door of his shop leads to the passage—I did not see him more than a second, but that was quite sufficient for me to recognize him—I said, "Who is there?"—the answer was, "All right"—he got outside, and slammed the street door, which has a spring lock, and I never knew it to be left open—I am sure it was closed—I was detained a little time before I could get out, on account of the second lock, which was not usually in action, being locked, the string of it being out—there was an opportunity of cutting that string previous to my Doming down—I followed the prisoner, and gave him in custody.
Prisoner. Q. How came you to hear the door go? A. It was that which stroke me, hearing you in the passage—I may have hesitated a minute—there was a tallow candle in a bottle in the passage—that might be Miller's.
JAMES HARTOPP . (City Policeman 24). On 23rd February, about 12.50, I was on duty in Great Tower Street, and as I passed Barking Church Yard, I heard a door shut very sharply, and saw the prisoner run down the church yard in the direction of Great Tower Street, into which there are fourteen steps—ho fell down three or four steps into the carriage way—I went to him and asked him what was the matter—he said, "Nothing, it is all night"—I said, "Well, you had better go back with me and see"—I was taking him back, and met Norton in the church yard, calling but, "Stop him"—I said, "He is already stopped," and he identified him—I took him to the station, and then examined the premises, and found a glass bottle with a candle in it, which was nearly burnt out, but was not then alight, some matches, and a piece of paper partially burnt—I examined the bacement, and found some empty boxes and bottles had been disturbed—the door was secured by a very slight padlock—the prisoner said that he had been into the Czar's Head, and treated a woman to a pint of beer, and given her 4d. to come into Barking Church Yard with him; that he was disturbed, and in pulling her into a doorway he fell into the shop; but that is impossible, because the inspector came one way, and I the other, and if there had been any woman there we must have seen her.
Prisoner's Defence. I was making a convenience of that place, and fell in.
GUILTY . He was further charged with having been convicted at Lambeth, in February, 1865, in the name of Janes Boost, to which he
PLEADED GUILTY. **— Seven Years' Penal Servitude.
MR. BESLEY. conducted the Prosecution; MR. HARRIS. appeared for Bailey and Couchman, and MR. BROXLEY. defended Danes.
Penson & Co., Limited, have stables on the other side of Danes'—Bailey has been my horse-keeper ten or eleven months—it was his duty to superintend the feed of the horses, and receive the food from the corn-chandler—I found secretly that he was feeding the horses principally on clover, hardly any corn, upon which I put myself in communication with the police, and on Thursday, February 18th, I went with them to Mr. Whitchurch, the cornchandler, in the Goswell Road, and ordered five quarters of oath in ten sacks—we turned each sack out on the floor, and had a quantity of dyed oats, which we mixed with them and put them into Mr. Whitchurch's sacks, which were afterwards emptied into our sacks, and Bailey fetched them from Whitchurch's—oats should be kept in the loft—I did not know of any communication between my loft and Danes' stable—on the 20th, about 8 a.m., I was sent for by one of my men—I went to the Police Court, and found the three prisoners in custody—I saw a sack of oats there, in which I found a number of the dyed oats—it was not one of my sacks—I afterwards examined the loft on our own side, and found nine sacks of oats instead of ten, and an opening, five feet long and about twelve or thirteen inches wide, into Danes' stable—one board was lying in our loft—the hole was not large enough to pass a sack of oats through in the bulk—I had not given Bailey any authority to lend, or sell, or part with oats to Danes—I had six horses and Danes five—this plan (produced) represents the three stables.
Cross-examined by MR. HARRIS. Q. Is Bailey a good servant? A. Yes, but he bears a very indifferent character; he is a drunkard—I have often had suspicion of him, but never charged him—I had no character with him—a man might get through the hole, but he would have to be lifted—the quarterings in the partition are five feet apart—the boards are straight across—I have heard of the men sleeping in the loft, and if they have no hay, they collect all the sacks they can to lie on—it is very common for the sacks of different millers, bakers, and corn-chandlers, to get into the houses of other persons—I have had sacks in my house, of persons who I have not dealt with—I do not limit my horses to any quantity, and they are now in good condition—it is not usual to put clover into the rack—these oats were originally white, but they are dyed, if you rub one in your fingers you will see—there are five or six keys to my stable, one to each man, and one for myself.
Cross-examined by MR. BROMLEY. Q. There is a board on your side which can be moved, is that so? A. Yes—I believe it cannot be opened from Danes' side—it could be forced open from Danes' side, but it could not be replaced, as the nails are on our side—I consider that it was used by our men to put things from our side into Danes' loft—Danes has been a neighbour of ours eighteen months—ho was there when we went there, and for all I know he had been there many years—my brother sold him a horse, not our firm—he had some difficulty in getting the money, and took out a writ—Dawes brought me 10l., and asked inc to receive it as part payment—a bill of exchange was given for the amount of the horse.
MR. BESLEY. Q. You are not cornchandlers, and your sacks ought not to be away from your premises? A. No; two of the sacks taken from Danes' loft are ours.
JOHN WILMONSON . I am in the employ of Mr. Whitchurch, a cornchandler, of Goswell Road—I saw ten sacks of oats put into Mr. Hudson's van—I held out the sacks for our men to shoot them in—I do not know whether they were the marked oats—they were delivered to Bailey, who was
the carman, on the 18th February—he took them away about a quarter or twenty minutes past 4 p.m.
Cross-examined by MR. BROMLEY. Q.. Do you not know that Mr. Danes has been in the habit of dealing with your master? A. We bought oats of him a long while ago, but have not done so lately—I ought to know all the customers, I have been there eighteen years.
MISAAC FARLEY . (City Policeman). On Friday night, 19th February, I went to watch this yard, between 7 and 8 o'clock—I saw the three prisoners, at a little before 8 o'clock, in conversation at the top of the mod, in the Old Bailey—they went down the yard—Bailey went into Mr. Hudson's stable and Danes and Couchman into Danes' stable—when I next saw them they all came out of Danes' stable, but I had not been watching all the while—four men came out—they went to the top of the yard to Mr. Long's public-house, conversing together, and in and out of several public-houses till between 10 and 11 o'clock, when I lost sight of them—I next saw them at a few minutes after 4 o'clock in the morning—the outer gates were then opened by another man, Tongue, and Danes and Tongue walked in—Danes remained about half-an-hour in his stable, and went away—I next saw him about 7.30, in his stable with Couchman—I had not been away, I was with another officer—I walked to a lot of oats in the stable, and said, "Where did you get these oats from?"—Danes said, "I bought them"—I took up a handful and said, "Where did you buy them?"—he said, "Of a cornchandler"—I said, "Where does he live?"—he said, "I do not know that that is any difference"—I said, "What is his name?"—he said, "I do not know"—I said, "Not know?"—he said, "In fact, I did not get them at all, my man got them for me"—I said, "Where is your man?"—he said, "That man," pointing to Couchman—I said, "Where did you buy these oats?"—Couchman said, "Of a corn-chandler "—I said, "What cornchandler?"—he said to Danes, "You know, sir, I did not get them at all"—I then turned to two sacks, one full and one half-full—I put my hand into the full one, and said, "What about this stuff here?"—Danes said, "I bought that"—I said, "Where?"—he said, "Well, my man got that also"—I asked Couchman where he got it? he said, "You know, sir, I did not get it at all?"—I said to Danes, "I shall take you for receiving this, knowing it to be stolen," pointing to the tub of oats—he made no reply—I found a sack full of oats, which were identified by Mr. Hudson; they were afterwards put into one of Mr. Hudson's sacks, which was on the tub—I found a nose-bag there, after Danes was in custody; it had not been filled that morning, but there was a portion in it from the day previous—I examined it, with Payne, it was the same kind of oats as were in the tub—there were beans and cut clover with it—I had Danes and Couchman taken to the station—I went into Mr. Hudson's loft; the board was then in its proper place, but it could be taken down—I saw hand-marks at the corner, which caused me to take hold of it—it was worn by the hands, from constant usage—I took it down and examined the floor on Danes' side, and saw about half a bushel of oats just inside the hole—five sacks were lying on the floor, and two were just inside the hole—two were marked with Mr. Hudson's name and one with Whitchurch's name—Danes' sacks were lying on top of them—I did not see Couchman before the large gates were opened—he could not have gone in without my seeing him—he always slept in Danes' loft—no other person was in Danes' stable that morning—Bailey was not at Mr. Hudson's, I met him about, twenty minutes afterwards, in the Old Bailey, and told him I should take him for stealing a sack
of oats belonging to his employers, which we had found in Danes' stable—he said, "I do not know anything about any oats"—several men belonging to the stables were about.
Cross-examined by Mr. HARRIS. Q. Is this a sort of public yard? Yes, there are seven or eight stables in it, and there are a great many horsekeepers and ostlers about—Couchman went away into Mr. Long's tap-room—they were together till between 10 and 11 o'clock—I saw the watchman on the platform—he did not open the gates at 4 o'clock—when Danes said that his man bought the oats, Couchman left a horse by the side of which he was in a stall and confronted him—I then said "Where did you buy these oats?"—and he said "Of a coornchandler"—other stuff was mentioned, beans, cut clover, and oats—I do not know that Couchman's statement that he bought them of a cornchandler is of vital importance in this case—I have been in the police about nine years—my depositions were read over, and I signed them—I gave the conversation, word for word, and I thought it was in my deposition—I paid minute attention when it was read over.
Cross-examined by Mr. BROMLEY. Q. Have you any doubt that that is what Couchman said at first? A. He did say it.
Mr. BESLEY. Q. Have you always made that statement? A. I have made it before to-day—I did not notice what was omitted from the deposition; I know I stated it from the first.
JOHN PEGG . (City Policeman 446). On the 18th and 19th February I was appointed to watch New Inn Yard—I watched on the 19th, from 8 in the evening till 11 or 12 at night, and saw the three prisoners together in conversation at the top of the yard—I was with Farley—they went down the yard; Bailey went into Mr. Hudson's stable, and Couchman and Danes into Danes' stable—some time after that they all came out of Danes' stable—I had had Hudson's stable in view in the interval, and Bailey could not have come out of it without my seeing him—he went in at Hudson's stable and came out at Danee'—Danes then went to the top of the yard and went away, I did not see him again that night—Couchman and Bailey were in different public-houses, conversing, and I saw Couchman up to 11 o'clock—I was there at 4 in the morning.
Cross-examined by Mr. HARRIS. Q. You dyed the oats? A. Yes, the dye is a secret which I would rather keep to myself—this is a sample of them (produced)—I missed ten sacks—I do not think the prisoners saw us when they came up the yard—it was dark—Danes went away first, and did not join Couchman after that evening—I believe there is a watchman there all night, but it is a private yard, and we do not patrol it.
MR. BESLEY. Q. Where did this sample come from? A. From the nose-bag in Danes' stable—I find dyed oats here, and some marked beans—this is the sample I took from Goswell Street—in the sample found in the tub are some dyed oats—they are the same as I dyed in Goswell Street.
JOHN FREEMAN . (City Policeman 473). I took Danes, but said nothing to him—as soon as he got out of New Inn Yard, he said "I do not know what I am going to the station for; I have not done anything; I gave my man the money to buy the corn; I do not know anything about it."
ROBERT WELLS . I am employed by Messrs. Hutton, Berlin wool manufacturers and fancy importers, of Newgate Street—our traveller hires horses of Danes—I have been shown a nose-bag—I used it every day—Mr. Danes supplies the corn used by the traveller, and I return it at night—I had the same nose-bag on the Saturday—there was a double handful in it—I
did not take it out filled with corn, we found our own corn on the Saturday—that is the day the police were there.
Danes and Couchman received good characters, and the Jury recommended Couchman to mercy, thinking he might perhaps have acted under hit master's instructions.
DANES— Five Years' Penal Servitude—See
"OLD COURT,". Friday, March 5th, 1869.
OLD COURT.—Friday, March 5th, 1869.
Before Mr. Common Serjeant.
MR. BESLBT. Protsecuted; MR. PATER. defended Tongue.
GEORGE PENSON . I am a wholesale provision merchant, and formerly carried on business in my own name, but it has been turned into a limited company, which for the last eleven months has occupied a stable and loft on the other side of Danes' stable—Tongue has been employed there about seven months, as horse keeper—he had the keys of the stable and loft, and had full charge—I never knew anybody to assist him, unless it was one of our boys—it was pretty well all he had to do—he ought to have slept at home—he did not deep in the loft, to my knowlege—I have noticed that the horses got thin and out of condition—about twelve horses were generally kept there—I put myself in communication with the police, and was present when some oats were marked, but did not see the whole of them marked—I saw some beans cut and marked on a Wednesday, about 13th or 14th February, in our Ware-house, 24, St John Street, but I did not see what was done with them—I have been shown some beans found in Danes' stable, and identified them as a portion of what I saw marked.
Crosse-examined. Q. Had Tongue been in your service, on and off, for twenty years? A. Yes, and I considered him a very honest, industrious, steady man—there was a break of two or three years, but he has been back some years—I had no idea that during me absence in the day-time a man was left on the premises with the keys—I have said that a boy sometimes assisted him in turning the wheel, but no man has been employed by me to assist him—I have twelve horses in the yard—it is called New Inn. Old Bailey—Tongue has been employed there between six and eight months, and it is only latterly that I have had complaints of the condition of the horses—I was examined before the Magistrate, and I may have said, "We have occupied the stable about eleven months; throughout the whole of that time I have complained of the condition of our horses"—if those words were taken down, most likely I said them—I did not notice it the first two or three months, but I heard other people make remarks—I think Tongue is married—there was no necessity for him to sleep in the stable, as he lived in the neighbourhood.
MR. BESLEY. Q. When was your attention first called to the condition of the horses? A. Two or three months ago; one of the directors spoke to me about it—Charles Williams was Tongue's predecessor, and while he had charge of the horses there was no complaint—we were at the Saracen's
Hoad at that time—Tongue was then carman, and had nothing to do with the food—Williams was discharged for drunkenness.
EDMUND CURTIS . I am manager of this company—I was present on a Tuesday, at St. John Street, when the officer marked some oats and beans—I think it was about 16th February—I saw the marked oats put into four sacks of oats, and one sack of beans—they were our sacks—after the marking, the five sacks were delivered to the carman—the beans were split, and marked with ink—some oats were shown me at the station, which I identified, and also one sack, which had "Penson & Co." on it, but I could not say that it was one into which marked food had been put.
WILLIAM BALHAM . I am carman to Penson & Co.—by their directions, I took four sacks of oats and one of beans to New Inn Yard, Old Bailey—I carried three sacks of corn up into the loft, and one of beans, and one sack of corn I put on the water through—this was on Wednesday morning—Tongue was there, and he was in custody on Saturday morning.
Cross-examined. Q. Do you know, of your own knowledge, that Tongue was in the habit of employing a man to take care of the place when he was absent, who had the keys in his absence, and who he employed to cut chaff! A. I believe he had a man to cut chaff—there have been boys about the place—I have many times taken goods to the stable.
CHARLES WILLIAMS . I was horsekeeper to Penson & Co. up to 13th June fist year, and had the care of the keys of the stable and loft in New Inn Yard—when I left, the partition between their loft and Danes' loft was perfectly sound—it has been repaired since—I did not see it before it was repaired.
Cross-examined. Q. The greater part of your time was passed at the Saracen's Head, where was the stable then?—A. At the Saracen's Head and different places—I was employed at New Inn Yard a month or five weeks—the boarding separating was not in a good state, it was an old partition, but I had never found it necessary to nail it up—I have been to the stable since I left—I have seen a man in charge of it when Tongue was absent, but I cannot say as to a boy—there are a number of ostlers and horsekeepers in a yard of this kind, who are fond of gossip and go into stables—there are about six stables in the yard, and a number of horses.
ISAAC FARLEY . (City Policeman). I was present at the marking of some beans and oats at Messrs. Penson's, and saw them put into five sacks—I watched the yard on Thursday and Friday, 17th and 18th February—I saw Tongue with the two prisoners and Bailey—Tongue was outside the stable while I was watching—I watched from 7 to 11 on Thursday, and the latest time I saw Tongue was about nine, when I lost sight of him in and out of the yard—I was not there again till Friday night—I saw him at a little before 8 on Friday night, at the gates at the top of the yard, in conversation with the two other prisoners and Bailey; the throe prisoners went down the yard and Bailey followed them soon after—Tongue went into Ponson's stable, Bailey into his stable, and Danes and his man into their stable—half-an-hour afterwards they all four came out of Dane's stable and walked to the top of the yard into the Old Bailey—Tongue and Couchman went into Long's public-house; Danes waited outside some little time and then went in also; Bailey took a truck down into the yard and then event into Long's—they were there some twenty minutes, they then came out and all four stood in conversation between there and the gates for some time—Couchman then went into the yard, and shortly afterwards Tongue disappeared in the same
way, down the yard, at a little before 9—they then came to the top of the yard again, and went into the Old Bailey singly—they were together up to nearly 10 o'clock, when I lost eight of Danes—the others remained half-an-hour—Couch-man went into theyard and Tongue disappeared, I do not know which way—I did not see him again that night—I remained there the whole night, but did not see Tongue go in again—one or two carmen went in during the night, and at a few minutes before 4 o'clock I saw Tongue open the big gates, leading into the Old Bailey—he looked both ways, up and down, and put the gates to—he could not be seen by any one in the street, unless they were pretty close, he did not come out far enough—a few minutes afterwards he opened the gate again—he had put the key in his pocket—Danes, who was then walking down between there and Fleet Lane, pushed the gate open and went in, and he and Tongue walked down the yard together—Tongue went into his stable, and Danes into his—I went down the yard, but did not speak to them, as I was obliged to leave—I saw nothing more of them till 7.30, when I went into the yard and found Danes in his stable, and saw a tub containing oats, and two sacks about half full, and another full—we found five sacks in the loft, and one with Penson's name on it in the stable, similar to those which had oats in them—the half-full sack was Penson's—I showed it to Curtis—I took a handful out of the sack partly full, and asked Danes where he got that stuff from—he said, "At a corn chandler's"—I said, "Where"—he said, "In fact, my man got it"—Couchman, who had answered about the oats previously, said, "You know, sir, I had nothing to do with it, I did not get it at all"—I handed Couchman over to another constable, and Tongue came to the stable door—I said, "What about this stuff here, these beans and chaff, and these sacks, this is Mr. Penson's stuff'—he said, "I do not know anything about it"—I told him I should take him in custody for stealing the stuff—he said, "I do not know anything about it"—I got a padlock and locked up Penson's stable, and Mr. Hudson's, while I went to the station—I then came back, unlocked Penson's stable, and found fodder for eight horses—I took a portion from what each man had for the day, examined it, put it in a sack, and sent it to Mr. Penson—I examined what I found in the stable—there was scarcely a dozen beans for the whole eight horses, and very few oats—I saw no sack of oats in Penson's stable, except what were mixed—I found in the loft, half a sack of beans, and one whole sack, and some oats—I did not identify any which had been sent on Wednesday—I found a large piece of a butcher's cart standing up there.
COURT. Q. Is there a wooden partition between the two lofts! A. Yes, and a flat piece of wood, not quite five feet square, which would cover the top of a cart, was in front—I removed it, and round the boards of the partition loose—I lifted up one, and found that three of them were very easily removed.
MR. BESLEY. Q. When the three were removed could a person pass through? A. Yes, I passed through—I examined the floor near the loose boards, it was very much worn, and on Danes' side there was a lowering like a step, to fill up which three tops of cheese boxes were put to make the floor high—I saw some loose oats on Danes' floor—I got possession of a nose-bag in Danes' stable, there was not a great deal in it, it had not been filled that day—I showed it to the boy—I examined the other nose-bags and found marked beans and clover which Pegg will produce—no one watched during the day on Friday.
Cross-examined. Q. Is there only one entrance into the yard, and is that
from the Old Bailey? A. That is right—there is a private watchman, I do not know his duty as to the time of locking the gate—I went on duty between 7 and 8 on Thursday the 18th, the gates were then standing wide open—I did not see the private watchman that morning—Pegg was with me—I had been where I had command of the yard from between 7 and 8 p.m. and 11 p.m., sometimes in Pegg's company, sometimes not, sometimes he had to leave and sometimes me—I was sometimes in sight of the principal gates—I watched all night on Friday—between 11 on Thursday night, and 7 or 8 on Friday no one was watching—the big gates closed on Friday night about 11.30, or it might be 12 o'clock; they were wide open at 11—I did not see them closed; they may have been closed before 12 o'clock—I did not see the private watchman between 7 and 12—I do not know that the gates are secured by a padlock, and that the key is under the watchman's charge—I saw the watchman once, but he was at the bottom of the yard on the platform—the gate, I believe, is secured from the inside—the last time I saw Tongue on Friday night was about 10 o'clock, I believe, and I next saw him at a few minutes before 4 on Saturday morning—I was on duty all night outside the gates, but where I could see them—Pegg was with me all the time—it was a few minutes before 8 on Saturday when I took Tongue in custody—I had seen him go down the court, in the direction of the stable, soon after 8 on the Friday evening—it was rather a busy time, when a number of vehicles were going in and out; there were a number of vehicles near the stable yard and one omnibus—Saturday was rather a heavy morning—I was not 10 yards from the gates when they were opened—I was not in the street, nor on the same side as New Inn Yard.
Couchman. I was not there in the evening; I went away from the stable yard, and was not there till 6.30 next morning. Witness. I am sure you were there.
Danes. I left the yard at 7.30 that evening. Witness. I am sure you were there; you were likewise walking up and down the Old Bailey, and Ludgate Hill.
JOHN PEGG . (City Policeman 444). I was on duty, with Farley, on Friday, 19th February—we went at 7.30 that evening, and about 7.50 saw the three prisoners and Bailey in conversation at the top of the yard—I went down New Inn Yard—Danes came out of the yard and went in again—I saw them from time to time that evening, and saw Tongue, up to 11 o'clock, outside, in the public street, and Danes about 8.30, going away—Couchman was in the street, too, about 11 o'clock—whether any of them went into the yard after I had seen them the last time, I do not know—about 4 o'clock in the morning, Tongue opened the gate from the inside, and looked out into the street, and Danes followed in soon after—I did not see Couchman go in—about 7.30 I went down there with Farley, and Danes and Couchman were both taken; and then Danes came to the stable door, and was taken in custody—I afterwards saw the oats and beans.
Cross-examined. Q. Was this a very dark morning? A. No, it was very light where we stood—it was as dark, at 4 o'clock, as any other morning, but there were plenty of lamps about—I was fifteen or twenty yards from the principal gate when it opened—Farley and I were not in uniform—I was out in the street, on the opposite side to the stable—I was under cover—I did not see the outer gate secured—I do not know the watchman's name.
the habit of hiring a trap from Danes—he also supplies the nose-bags—I saw a nose-bag at the stables, which I had used before, and saw in it the remains of the fodder taken out by Payne—sometimes Danes filled it, some times the ostler, and sometimes myself—I cannot say who filled it that morning—I saw some beans among the fodder.
Danes called—THOMAS DOWLE. I live at 44, Carter Lane, Doctor's Commons—I was called yesterday to Danes' character—I have known him many year—on 19th February he was at my shop, about 8 o'clock in the evening, and stayed about an hour—he then went away; I do not know where—I am positive about the time—it might be a few minutes before, or a few minutes after 9 when he left, but I know he did not go till 9 because I close my shop at 9 o'clock.
WILLIAN STONEMAN . I keep the White Lion Inn, Fleet Lane—on 19th February, Danes was in my house from 9 o'clock to 10.30, when he went away with another gentleman—he may have been there a little before 9 o'clock—the other gentleman was not Bailey, he was a perfect stranger—he used my house; he was not a stranger to me.
Cross-examined by MR. BESLEY. Q. Were you called to character yesterday? A. Yes—I was in Court, and heard the officers give precisely the same evidence.
COURT. Q. I suppose Danes used your house? A. Occasionally; he was there most nights—I know the exact hour he went away, because his mistress called for him—she has called for him on other nights.
COUCHMAN— GUILTY .— Recommended to mercy by the Jury—Twelve Months Imprisonment.
DANES— GUILTY .— Five Years' Penal Servitude.
TONGUE— GUILTY .—He received a good character— Six Months Im-prisonment.
MESSRS. BESLEY. and MOODY. conducted the Prosecution; and MR. DOUGLAS.
DAVID WITT . I am a veneer merchant in business with Mr. Wilkinson, at No. 1A, Rathbone Place—on 7th February, about 2 in the afternoon, the prisoner came to my place with a horse and trap—he said he wanted some veneers—I showed him some—I asked what he was?—he said he was a pianoforte manufacturer, and wanted the goods for that purpose, and gave me his address, 183, Queen's Road, Dakton—I asked if he had a factory there—he said, "Yes, behind the house, it is a manufactory, where I have sixteen or eighteen men employed, and the trade is rather looking up"—he said he had been in business there about six or seven years—we had got about 2000l. worth of goods in the place—I took him to the warehouse first and showed him, he said he would have some, and asked how much they would cost—he took at first to the amount of about 56l., afterwards he said that was too much, and said he would take 46l. worth—we then had some conversation as to the terms upon which I did business—I told him 5 percent cash—he produced a bill for 48l. 10s., which he said he had had from
a customer, would I mind taking it, and give him the difference in cash—he wrote his name and address on the bill—this is it—(This was dated 23rd December, 1868, drawn by William Austin upon, and accepted by John Park, 1, Swan Tavern, Bishopsgate Street, at three months, and endorsed "W. Austin, 183, Queen's Road, Dalston")—I saw him write that endorsement—I said I would drive him down to the acceptor—when I went to the door I saw a man who was with the trap, and remembered that he was the brother of a man who had swindled me—I told the prisoner I should like to see the acceptor—he said, "No, I will call again, and you can make inquiries in the meantime"—I said it would be better to make the inquiries at once, as I did not like to keep business transactions open—he then tried to rush out of the shop, but I went before him and bolted the door, and sent my clerk for the police—the prisoner went to the door, and knocked for the man outside to come in—he came to the door, and tried to get in, but finding he could not, he drove away—when the prisoner saw that the door was locked, he sprang up at the window, and wanted to spring through it—he was given into custody.
Cross-examined. Q. You are not an Englishman? A. No, a Hungarian—I have been three years in England—I had never seen the prisoner before—I was going to let him have the goods at first, but changed my mind, upon seeing who he was with—I thought the bill was a forgery—I have made inquiries about it of the man whose acceptance it purports to be—he told me twice it was not his acceptance—that it was a forgery—but next day, when I brought him up as a witness before the Magistrate, and he heard that it was a friend of his who was in custody, he said he had authorized somebody to accept the bill for him, because he had the gout in his hand—he was not put on his oath, or examined as a witness—I intended at first to charge the prisoner with forgery—but finding that was useless, I charged him with attempting to defraud me—I, of course, took the advice of my partner in the matter—he is an Englishman—I don't know the law of England myself—if he had paid me cash, I should have let him have the goods without further inquiry—but we generally make inquiry when we send home the goods—we require to know the address, in order to know where the goods go to.
FREDIRICK HENDERSON .—I live at 181, Queen's Road, Dalston—that is next door to 183—183 is a nine-roomed private house, rented at 38l. a-year—there is a garden at the back—I had the key of it up to December last—it was empty—the prisoner came into it somewhere about 23rd December—there was no manufactory at the back, and no convenience for carrying on a pianoforte manufactory, or employing eighteen or twenty men there—I never saw any workmen going in and out—I never saw any goods delivered there suitable to a pianoforte manufacturer.
Cross-examined. Q. I believe the prisoner has lived for some time in the house? A. I don't know—the landlord says there are two William Austins there—they both sign their name the same—I don't know the prisoner by sight.
THOMAS TUDOB HALL .—I am a member of the firm of Hall & Russell, of 183, Upper Thames Street, engineers, and wholesale ironmongers—in September last the prisoner called on me, and brought his card—he gave it me, and said his name was James Poole, and that was his address—(Read: "J. H. Poole, contractor and builder, 19, Harrogate-road, Castland-road, South Hackney")—he told me he wanted goods, ironmongery and cast-iron.
WILLIAM CORNER . (Policeman E 50) I took the prisoner into custody on 2nd of February, on a charge of forgery—next day I took him again, on a warrant, on this charge—he said the bill was all right; he was willing to go with me to the station—the acceptor, John Park, lived at No. 1, Swan Inn, Bishopsgate Street Without, and he became possessed of the bill by selling him some goods—next morning, on going to the Police Court, he said he hoped Mr. Park would be there, because he would be able to swear to his own handwriting, and the bill was sent from William Park to William Austin, through Park's man—I have been to 183, Queen's Road, there is no factory there, and no place where eighteen or twenty men could be employed—there was hardly any furniture in the house.
GUILTY .— Eighteen Months' Imprisonment.
MESSRS. BESLEY. and MOODY. conducted the Prosecution; and MR. PATER.
DAVID WITT . On 20th January the prisoner came to my place of business in Rathbone Place, with a man who called himself Williams—I had never seen Williams before—I knew the prisoner by name—Williams said "Is Mr. Witt or Mr. Wilkinson here?"—I said "I am Mr. Witt, can I do anything for you?"—he said "Yes, I am a pianoforte manufacturer, and bring my foreman with me to select some goods"—that was how he introduced the prisoner—I asked him where he carried on his business—he said "No. 12, Hornsey Street, Holloway"—I asked where he was trading, and he said "Principally to Jersey"—he asked me to show him some goods—I took him down stairs to show him the goods, and he told his foreman (the Prisoner) to select the goods—ho spoke to him just as tradespeople do to their clerk—the prisoner looked out goods to the value of 39l. 11s. 10d., and said "Those will be the goods which I think will suit our purpose; now you go to my master and make the terms"—we went upstairs, and Williams said something to the prisoner which I did not hear, and the prisoner went outside—Williams then said "I sent my foreman out, because it is not necessary that he should know all my transactions"—he then produced this bill, which he said was from one of his customers, and asked if I had any objection to take it—I said, if it was a good bill, I certainly should not have any objection totakeit"—(The bill was for 67l. 13s., dated London, December 29th, 1868, at two months, drawn by Thomas Williams upon and accepted by T. and H. Montague, Bridge Wharf, Cambridge Heath Road, payable at the London and County Bank, Hackney Branch, and endorsed by Thomas Williams, 12, Hornsey Street, Hornsey Road.)—Williams wrote the endorsement in my presence—he called the foreman in and told him to go and fetch the horse and cart, to get the goods at once, because the men were at home waiting for them—the prisoner said the horse and cart was in the City just at present—Williams told him to go and look after it—they then went away together; in the evening, the prisoner came back with a man who he said was the coachman, and the goods were taken away in the trap he brought with him—I asked the prisoner on that occasion how long he had been with Mr. Williams—he said from twelve to eighteen months, and that he had sixteen or eighteen men under him, in superintending the manufacturing department, making the pianos—he said Mr. Williams was a man of wealth,
and had gone into the piano trade for speculation—I read him Williams's address, and asked him if that was right—he said "Yes, 12, Hornsey Street, Holloway"—I asked him whether the factory was in the house—he said "Yes," the front was a private house, but behind was the factory—he said that he had been a piano manufacturer himself for some years past but had failed, and that he worked for Mr. Kelly for some years on his own account—that I knew to be true—on the faith of those representations I allowed my goods to be taken away—I should not have allowed them to go if I had known the prisoner was not in the service of Williams, and if I had known this was a private house and no factory—Shelly's name itself influenced me in allowing them to go, knowing he had been in the trade—two days afterwards he came again, and brought me a letter, and said, "My master sent me with this letter"—it was in an envelope—he said, "My master sent me for some goods"—this is the letter—(Read: "28th January, 1869, 12, Hornsey Street, Holloway Road—Gentlemen, be pleased to deliver to bearer what goods he may require, and charge the same to my account. If you have not sold the plank veneers, I would like the lot at the same price, yours, &c., Thomas Williams.")—The prisoner had looked out some plank veneers on the first occasion, and taken a part of them away—I was a little suspicious, and I asked him again about the position of Mr. Williams—he made the same remarks as before, that Mr. Williams was a man of some wealth, and went into the piano trade just for speculation—upon that I gave him some more goods, but to a very small amount, about 12l. worth—he wanted more, but I could not give him more—the fact of him being a foreman, and having eighteen men under him, was mentioned again—I sent my partner out with him, to ask him if the statements he had previously made were really correct—I went next day to 12, Hornsey Road—I found an old lady there—it was a private house—there was no factory, nor any in that road, nor were there any men at work there; nor any business carried on at all—I have not got any money for my goods—the bill became due on 3rd March, and was dishonoured.
Cross-examined. Q. Was Mr. Wilkinson present during the conversation you had with Williams? A. No; my clerk, Elliott, was—the prisoner was near enough to hear what passed—I have not said that I believe the prisoner did not intend to act dishonestly towards us, nor any words to that effect—I don't remember any statement of the kind—I have known Mr. Betts since the prisoner was in custody—he produced himself as bail for him at the Police Court, and I have seen him here—I have not stated to him, that in my opinion the prisoner did not intend to act dishonestly in the matter—he stated it to me—he said, "He did not believe Shelley acted dishonestly towards us, but that he was led away by Williams—I did not agree with him in any way—I did not say that was my opinion—the prisoner did not appear the worse for liquor when he came; that I remember—I have not said so—my partner saw him on the second occasion, not on the first—I knew the prisoner before, by name, as a pianoforte maker—I only knew him by name, I never knew him personally—I should think a trades-man would know a man who has gone through the Bankruptcy Court—he did not say that he had worked at Mr. Kelly's—he said he had worked for him when he was in business for himself—I did not know the name of Williams before—I had a Directory on my premises—after the goods were delivered I looked in it to see if the address Williams gave was correct—it was not in the Directory, but I had only got the one for 1867—I believed
that Williams was a pianoforte maker, upon the prisoner's representations—I knew the prisoner had been a bankrupt, but if a tradesman fails and then goes as foreman, it has a very honest look—I know now that the prisoner was at work for Mr. Perry, a pianoforte maker, at 72, New North Road—I did not know it before this—it was not on the supposition that the bill was a good one, that I agreed to supply the goods—it was on the prisoner's representations—it was about 3 in the afternoon when Williams and the prisoner called first, and between 6 and 7 when the prisoner called for the goods—Williams called the prisoner his foreman in his presence, he introduced him as his foreman—I should think he heard Williams give the address, 12, Hornsey Street; if he did not hear it I showed it to him after Williams gave it—if the prisoner had given every facility to the police, we should have found Williams in the first instance.
Cross-examined. Q. Do you know Messrs. Montague at all? A. No; I don't know the name—I don't know Williams.
WILLIAM CORNER . (Policeman E 50). I arrested the prisoner, on a warrant, at Mr. Perry's, 99, New North Road, Islington, on the 3rd February—I first represented myself to him as a timber merchant, from the country, and said I wanted to see Williams about buying some timber, merely to get him to go to Williams—he said he could not go, as he had a piano to pack for Mr. Perry, that was going by train, and it would be too late for the train if he went away—Mr. Witt was with me, and he told him he would drive him in a cab, and pay all expenses, if he would go, but he refused—he said that Mr. Williams did live at 12, Hornsey Street, Holloway Road—as I found he would not go, I served him with the warrant and took him into custody—we took him to 12, Horasey Street, and found that Williams had only got a furnished bed-room there, which he had left a week previous—we did not find him, or any factory, or pianos, or men—the prisoner afterwards told mo he knew nothing of Williams, but that he came to him and asked him to go and pick out those veneers for him, and he would pay him his time.
Cross-examined. Q. You found him at Mr. Perry's, and you knew that he was employed there? A. I did not at the time—Mr. Perry denied that he was in the shop; but he was there, and employed there—I have not had the opportunity of asking the prisoner questions, and getting him to give information—his wife has given me information—I found the veneers at Mr. Perry's.
Cross-examined. Q. Was he under the influence of drink? A. No; I did not remark it—I said to him, "If you are working at Holloway Road, why have you a cart from Bethnal Green?"—he said the carman was a brother-in-law of their carter's, and did all their carting—I was not present on the first occasion, it was between 9 and 10 o'clock in the morning when I saw him.
The Prisoner received a good character— GUILTY.— Judgment respited.
MESSRS. BESLEY. and MOODY. conducted the Prosecution; and MR. WARNER.
SLEIGH. the Defence.
WILLIAM WILKINSON . On 1st February the prisoner came to our Ware-house—I did not know him before—he brought with him a Fetter, which he took away with him—(HENRY JOHN EASEY, clerk to the solicitors for the prosecution, proved the service of a notice on the prisoner on Wednesday, in Newgate, to produce this and other documents; it was not produced.)—I read the letter, and have a distinct recollection of the contents, not verbatim, but substantially—it purported to be written to the prisoner by James Anderson, of Hibbert Street, Everton Road, Liverpool, stating that he had received a largo shipping order for fancy cabinet work, and would thank the prisoner to buy him twenty or thirty bundles of walnut birs, as they are called, that is, veneers from 1s. to 1s. 3d. each, also, ten bundles of plain; both to be good and sound, to be sent off at once, and the amount to be debited to his account—there was a postscript to the effect, "We are told," or, "I am told that they can be bought very cheap at Witt & Wilkinson's place, Rathbone Place"—the letter was addressed to Garner, at the London and North Western Railway—after reading it, I said, "Are you a railway official?"—he said, "Yes," that he had bought veneers for Mr. Anderson for four years, to the extent of some thousands of pounds; that he had a very large manufactory at Hibbert Street—my partner showed him the veneers, which he selected—I knew there was a firm named Anderson in Liverpool, in Bold Street, and we telegraphed to that address—I asked where he had bought the veneers, and he said "From a man in the Hackney Road"—he selected veneers to the amount of 143l. odd—he asked our terms—I said we usually had cash, or a short bill; if the report of the firm was satisfactory, we would take their short bill—he said he usually drew on that firm at two months—he said the goods were to be delivered at the London and North Western Station—I had my suspicions, and went with the goods to York Road Station—he told me to deliver them there that night, at 5 o'clock—I put the goods in a truck myself—he did not want them to be put in a truck, but I insisted on it—I saw him at the station—when I went back to the warehouse, I found an answer to my telegram; this is it (produced)—in consequence of that I went to the railway authorities, and got possession of the goods, and brought them back with me the following morning—they had been removed out of the truck, and put into a van, ready to come away—I saw the prisoner there—I told him not to ask any questions, but I had determined not to let the goods go, unless I went with them—he seemed astonished; he did not say much—I told him that the advice from Liverpool had not been satisfactory—the railway clerk got him to sign an order, or a delivery note, for the goods, and I took possession of them.
Cross-examined. Q. Where was the letter dated from? A. I can't swear to that positively—to the best of my knowledge it was Hibbert Street, Liverpool—he gave me the letter open—it was in an envelope, I have no doubt I had the envelope in my hand—I can't swear that it had come through the post; to the best of my recollection it had—he did not say he was in the employment of Messrs. Anderson—he never led me to believe it—he told me he was a railway official—I understood he was a clerk at the goods department, or something of that sort—he did not give me his card—I swear that—I don't recollect his showing it me—I won't swear it—I looked in the Directory—possibly it was his showing me his card, that
made me do that—I can't swear I did not give his card to the solicitors for the prosecution—he told me that he also had a coal agency—I found in the Directory "W. F. Garner, coal-merchant, depot, London and North Western Railway"—I believed that he was a railway official as well as a coal-merchant—no one was present at our conversation next morning, when I fetched the goods back—he did not say "There are your goods, and you shall take them off the premises"—nothing of the kind—he said he had not sent them up—I was very peremptory with him—he said it would make no difference to him—I parted, with the goods on the faith that they were ordered by Anderson of Liverpool—I did not send the goods away before I sent off the telegram—I did before I sent one telegram, but I sent two—I let him have the goods, believing that he was commissioned by Anderson to buy them—the van in which the goods came, belonged to a carter named Baker—I did not know that the goods could not be sent to Liver-pool from that station—we had some difficulty in getting a truck to put them in at first—I let him have the goods on the strength of the letter and his representations to me, which seemed highly probable, and the letter being addressed to the "London and North Western Railway"—not station—the word "station" was not on it—I took particular notice of that.
MR. BESLEY. Q. Would you have parted with the goods without the authority of that letter? A. No.
THOMAS TUDOR HALL . I am in partnership with Mr. Russell, at 185, Upper Thames Street, wholesale ironmongers and engineers—on 25th August, 1868, a man named Austin came to me and gave the name of Poole—in consequence of his giving me an address, I wrote a letter to Mr. W. F. Garner, South Hackney, of which this is a copy (produced), and I got a reply.
WILLIAM HORN . I am Inspector of the Liverpool Detective Police—I have been in the force there twenty-five years, and know Liverpool well—I know Hibbert Street, Everton Road, it is a short street, the houses are small, occupied by the working classes, and letting at 6s. 6d. per week on one side, and 7s. on the other—I don't know any person of the name of James Anderson there, carrying on a large business as a cabinet manufacturer—there is no manufacturer in that street—there is a William Anderson, a mason, a labouring man, but no James Anderson—I went to the parish office, and examined the rate-book, and there is no such person rated—there is a Robert Anderson in Liverpool, a very extensive manufacturer.
Cross-examined. Q. Have you been to every one of the houses in Hibbert Street? A. I have, from house to house—there are lodgers in some of the houses—I did not inquire for the names of the lodgers—I inquired for James Anderson, cabinet manufacturer.
WILLIAM POLLARD . I live at 58, Hadley Street, Kentish Town, and am clerk in the Broods department in the Maiden Lane Station of the London and North Western Railway Company—I know the defendant—he does not hold any appointment in the company—he is a coal merchant, and carries on business at the Maiden Lane Station—he has part of an office there with a person named Baker, a carman—it is a moveable office—I believe it belongs to Baker—the rent is paid by Garner—it is 1s. 11d. a month—to the best of my belief this letter (produced) is his writing.
Gross-examined. Q. Have you seen him write? A. Yes; I frequently have seen him sign his signature in the coal-book—to the best of my belief
that is his writing; that is all I con say—I have not got any of his signatures here—I have seen him write perhaps once a week, nothing but his signature—he had a clerk once, but not at that station—the prisoner pays 6d. a ton on all coal that he has—he has a considerable quantity, not every week, sometimes five or six trucks at a time, sometimes more—a truck holds eight or nine tons—he has been there about ten or twelre months, carrying on business as a coal merchant—I produced some of his writing at the Police Court—I have not got it here.
MR. BESLEY. Q. During the ten mouths he has been there, what number of trucks of coal has he had up? A. I should say about sixty, as near as possible, coming from different collieries—I don't know whether it has been paid for, but I should think so—the veneers were brought to his place—York Road Station is the same as Maiden Lane—I don't know of anything else having been brought there—I have seen several persons there besides Baker—I have seen a Mr. Woolley there, and the prisoner's brother—I don't know a person named Poole—Baker was formerly employed as a foreman-porter in the yard—I don't know whether he has property—he has about fourteen horses—he is a carman and contractor—he has been in that business about eight or nine months, I should think—he went into that as soon as he left the company—(Letter read: "Coal Department, London and North Western Railway Station, Maiden Lane, August 26th, 1868. Messrs. T. T. Hall & Co. Gentlemen, G. H. Poole is a customer of mine, my accounts with him are one month or three months bill, up to present time they have been duly met. You could safely credit him to double the amount named in yours. Yours truly, W. F. Gamer.")
Eighteen Month's Imprisonment.
Before Mr. Recorder.
MR. RIBTON. conducted the Prosecution.
FREDERICK PHILP . I live at the Maypole, Barking Side—on the 15th February, about 4 o'clock in the afternoon I saw these two pictures safe in the parlour—I missed them about 10.15 in the morning—they were afterwards shown to me at the police station on the Tuesday—they were my father's property at 4 o'clock on the 15th, and they were Mr. Mayston's when I saw them—my father had let the house to Mr. Mayston—I left the prisoner in the house between 8 and 9 on the 15th, when I went out in the tap-room—I can't say how long he was there—I saw him as I was passing the door—there is a passage between the tap-room and the parlour.
WILLIAM LOUTH . (Policeman 233 R). On 15th February I was in Barking Side a Little before 10—I saw the prisoner come from the Maypole with a parcel under his arm—Foster, another constable, who was with me, turned his light on the prisoner, and he threw the parcel into the garden of the Mosford Arms beer-shop, and ran away—I ran after him, but he got away.
Prisoner. Where were you on duty? Witness. At the corner of the Mosford Arms beer-shop—I saw you as you passed the door, and I knew you well—you were about two yards away from me, and two or three yards from the house.
WILLIAM FORSTER . (Policeman 459 R). I was with the last witness—I saw prisoner coming, and turned my light on him—I am sure he was the man—I saw him throw the parcel into the garden, and I went and picked it up—it was a sack with two pictures in it.
Prisoner. How long have you been at Barking Side? Witness. Nine years—I have not seen you more than once or twice—I had seen you before, that same week—I knew you well before you went away.
JAXES GLEN . (Policeman R 191). I received these pictures and sack from the last witness, and from information I received I apprehended the prisoner on the Tuesday after—I charged him with stealing the pictures—he said, he did not know anything about it, he was at home and in bed by 7.30.
Prisoner. Where did you apprehend me? Witness At Ilford; you were not in custody, you were only detained there.
FREDERICK PHILP . (re-examined.) These are the two pictures—father let the house to Mr. Mayston on the Monday, with the use of the furniture—I went to Ilford Station, and heard the prisoner say he was in bed by 7.30.
Witness for the Defence.
Cross-examined. Q. How do you know that was the time? A. I looked at the clock; my husband wound the clock up at that time—I know the Maypole, it is three-quarters of a mile, or a mile, from my house—the prisoner went to bed—he had nothing with him—the Mosford Arms is about half a mile from us—a person at the Maypole would pass the Moford Arms get to our place.
He father PLEADED GUILTY*. to having been before convicted on 18th October, 1867— Eigldeen Months' Imprisonment.
MR. POLAND. conducted the Protecution.
SARAH KNOCK . I am the wife of William Knock—he keeps a beer-house at Stratford—on 4th February, about 7 in the evening, the prisoner came there with another man—he asked for a pint of porter, and paid with a two shilling piece—I gave him 1s. 10d. change—the other man then called for a bottle of ginger beer, and tendered a half-crown in payment—I said, "Your mate has just changed a two shilling piece; you don't want change for a half-crown"—he took the half crown up again—I had my suspicion, and took the florin to my husband—he said it was bad—I ran out after the men and gave them into custody—they had left about half a glass of their drink—I gave the florin to the policeman.
HARHIET ANN SPURLING . My father is a tobacconist at Stratford, two or three minutes' walk from Mr. Knock's—on the 4th February, about 7 o'clock in the evening, the prisoner came in and asked for half an ounce of the best tobacco, which was 2d.—he gave me a two shilling piece in payment—I sent my sister out for change—while she was gone, Mr. Knock came in and
took the prisoner out of the shop—I went after my sister, overtook her, and took from her the florin, which I gave to the constable.
WILLIAM KNOCK . My wife showed me a bad florin, and I went after the prisoner—I found him at Spurling's shop—I said, "I want you to go a little way with me, if you please"—he said, "Don't handle me too roughly"—I said, "I she'n't hurt you"—I brought him back to my house and left him in charge of one of my sons while I went for a policeman, and gave him in charge.
GUILTY .— Twelve Months' Imprisonment.
Before Robert Malcolm Kerr, Esq.
MR. MOODY. conducted the Prosecution; and MR. PATER. the Defence.
GUILTY .— Two Years' Imprisonment.
Before Mr. Common Serjeant.
MR. PATER. conducted the Prosecution.
ANN JACQUES . I am the wife of William Jacques, a gardener, of Lewiham—the pump I have seen is the property of our landlord, John Acres—it was safe in the yard at the back of our cottage, on 23rd November, at 4.30—I missed it next morning at 9 o'clock—it is now replaced.
WILLIAM EDWARDS . (Policeman R 220). On 24th November, between 6 and 7, a.m., I met the prisoner and a man named Smith, each carrying a sack, and each sack contained a pump—I had known them both for years—I asked the prisoner to let me examine the sack—ho threw it down on my feet, and ran away—this was in Church Street, Deptford, a mile or a mile and a half from the cottage—it was rather a dark morning, but I stopped him close against a lamp—he was taken on 2nd February—I showed the pump to Mrs. Jacques.
Prisoner. How can you prove I chucked it down? Witness. Because I know you well; I have seen you in Deptford.
He was further charged with having been convicted at Newington, in March, 1868, to which he
PLEADED GUILTY.— Twelve Months' Imprisonment.
THE COURT. awarded 2l. to William Edwards, as his feet had been injured by the fall of the pump.
WILLIAM STANDING . I am a brick merchant, and carry on business with I Robert Martin—on 8th December, 1866, I entered upon a contract with the prisoner—this is the agreement—(This was an agreement between the Defendant and the prosecutors, dated 8th December, 1866, for the lease of two plots of ground, on which buildings were to be erected by the prisoner forth-with, in failure of which the agreement was to cease and determine.) Under that agreement I advanced the prisoner 700l. or 800l. on two houses—on 2nd September, 1867, he had expended on the houses about 600l.—he ceased to work at the houses three or four months afterwards, I should think; I can scarcely say, in consequence of his haying left the houses for about six months—I caused a copy of this notice to be served upon him, according to the agreement entered into—I did not serve him personally—(Read: "To Mr. Charles Lyle. In consequence of your having failed to perform your part of the agreement between you and ourselves, we do, in exercise of the power reserved to us, we give you notice that we determine the same, and we shall take possession of the plots of ground. Dated 2nd day of September, 1867. Signed, William Standing and Robert Martin; and witnessed by Elias Davis.")—No notice was taken of that by the prisoner; he did not communicate with us in any way, and we took possession of the property—we were not interfered with at all by the prisoner—he came to us one day, and asked us to advance some money, and then we said we understood he had parted with his interest to someone else, and we had no power to advance him any money—he said he should go and have a row with them—I afterwards sold the property to Mr. Blackburn, on 10th August, 1868, under this agreement—I am not sure that I saw the prisoner afterwards—I saw him before, and he said he wanted some more money—that was about the end of last year, or the beginning of this—from the commencement of the houses, he continued working for about four months—at the end of that time, that would be about March, 1867, he took the things away, and did nothing to them after that—I can't say whether he went near the houses or not; I should say he did not.
Cross-examined. Q. Do you know whether he did or did not? A. I only judge from the houses being neglected—I was not down there—by the terms of the agreement we were not bound to advance any money at all—we did advance some money—I have no doubt he gave us bills for all the money we advanced to him—I think the first sum we advanced was 25l. or 24l.—he might have signed a promisory note for that—he did not give me a bill, it was merely a receipt in the form of a promissory note—he came to me and asked me to advance him some more money, and said he could not go on building without it, but that was after he parted with his interest to some person—and he said he could not get any money from them—he did not say if I did not advance him more money he would have to go and get it somewhere else; I am clear about that—he came to me before he parted with his interest, and always had the money—ho said that Mr. Cohen, the person he had parted with his interest to, did not give him any money, and I said we could not advance any after having parted with that authority, and he said "I shall go and have a row with them"—no were quite willing if he had been entitled to it, had it been in our power to have done so—our object was to get the houses completed—he had two houses to build in that agreement—there was another agreement that he was to build two more, but he
never did so—he only raised two carcasses of houses—the agreement will show when the two were to job finished—you have it there—we did not take possession before the time was completed, I am quite sure we did not—I was very sorry to take possession of either—the other two houses in the second agreement were not advanced to the first floor, only four or five feet of brickwork—he very likely sent a message to me to say that unless I advanced him some more money he should pull the houses down again—I took possession immediately after I served the notice—the houses had been abandoned for six months at least, we had no alternative, and should have been glad if he had completed them—I positively state that I never asked the prisoner to run a bill—I don't know whether my partner did—I think it is very likely there were more bills than these—he had many bills—I don't know what interest he had to pay us on this bill—he never paid us any—I am sure he was not asked to run bills—the notice was served on the Saturday, and we took possession on the Monday—we had no communication with the prisoner in matters of account—we could not have got hold of him at all—we had no object except to get the houses finished—I sold the houses to Mr. Blackburn—no consideration has been paid—I suppose he would have taken up his lease before this if the prisoner had not pulled his property to pieces—the prisoner could not have asserted that the property was his own—he has not, that I am aware of—I don't see how he could have done so.
MR. METCALFE. Q. The prisoner was not bound to borrow money from you at all? A. No, not at all—he might have gone anywhere else, if he had chosen—I required some warrant, in the shape of work done, when I gave the money—he had 700l. from us, whereas he only did work to the amount of 600l., and then he abandoned the premises, and did no work it all—when I took possession the buildings were cased in—there were no fixtures there at all—all the goods were taken away when he abandoned the place, and there was nothing there when I sold it to Mr. Blackburn—the fixtures wore put up by Mr. Blackburn, after he purchased the house.
ALFRED BLACKBURN . I am a builder, and live at Dorset Place, Clapham—on 10th August I took possession of the two buildings in question, under an agreement with Mr. Standing—they were carcasses at that time—there was nothing whatever in them—after I took possession, in August 1868, I did work upon them to the amount of about 520l.—included in that work, and covered by that money, there were fixtures of all sorts, doors, chimney-pieces, stoves, and so forth—and the houses were completed, with the exception of an outlay of about 30l. or 40l.—from the time I took possession, until the things were taken away, I did not see the prisoner—but I believe he interfered once—he did not assist me in putting the things in—I did not see him till he was at the Police Court—on Sunday, 17th January, I was on the premises—they were in a perfect state at that time time—on the following Sunday, the 24th, I went to the premises again—I found one house a total wreck—it had been broken in by the side door—the door was completely forced in—the box of the lock was forced off—and on going into the house I found all the doors wrenched from the hinges, and taken away—the sashes were taken out and taken away—the stoves were torn out of their places and taken away—there, were two kitchen ranges, two marble chimney-pieces, and 100 feet of lead pipe, which was fixed on to the water, were all torn down and taken away—I also missed 100 feet of inch-iron pipe, which had not been fixed—fifty-four feet of iron
guttering and water-pipe, three brass tape, two closet pans and traps—which had been left on the premises and not fixed, were gone—I had recently bought them, and put them into the houses for the purpose of being fixed—the prisoner had nothing whatever to do with that property—the value of the property taken away, independent of the damage, was 160l.—it would be about 200l.;, including the damage done to the houses—I did not give the prisoner any authority to do it—he is an entire stranger to me—he did not communicate in any way previously—I have seen a portion of the property at Pages' at Peckham.
Cross-examined. Q. Did he tell you last October that the property was his? A. No, he did not—I had not seen him before he was at the Police Court—my foreman is not here—my foreman told me that Lyle had been there and made a demand on the property last September—he did not say that Lyle said if I had built anything on this property, it became his.
ISAAC SHEPHERD. I am a carman, and live at Peckham—I know the houses in question; by the direction of the prisoner I removed some property from those houses—he was with me at the time I removed it—there were five stoves, twenty-five or twenty-six doors, two marble chimney-pieces, and other things—I did not see how the doors were removed—I did not remove them—I was there about two hours, while the property was being removed—the prisoner went with me in the cart to a person named Page, and the property was loft there—on the way to Pages', the prisoner sold five of the stoves, which he had taken away, to a Mr. Slaughter, of Peckham.
Cross-examined. Q. The prisoner said they were his own property? A. Yes.
RICHARD PAGE . I live at 47, Godsdale Road, Peckham—Shepherd brought a load of things to my place on 19th February—there were twenty-seven doors, part of the hinges were sticking to them, and fifty-nine sashes—they did not appear to have been torn away—there were also some chimney-pieces, all of them stuck together—I went the same day, before that, to the Globe public-house with the prisoner—he said he wanted my place to put them in, and I lent him the place—I did not show them to Mr. Standing afterwards—he did not see them—I received a notice on the 20th—Mr. Blackburn came, I was not at home, and my wife showed him the things.
JOHN SLAUGHTER . I live at Peckham, and am a whitesmith and bell-hanger—I bought three register stoves of the prisoner on 19th January, for 15s. 6d.—I did not know they had just cost 12l.—I was bound over to appear here—it was a cheap bargain, truly.
THOMAS NEWTON , live at Forest Hill, and am a boot and shoemaker, and also a marine store dealer—the prisoner came to my place, on 27th January, to hire the premises—he brought two cart-loads of property—he wanted some place to put them in—he was to pay me 3l. a month for Ware-house room—there were four register stoves with iron fronts, seven ordinary stoves, eighteen doors, sixteen sashes, two sets of closet fittings, two marble chimney-pieces, and six pieces of lead pipe, and other things—I did not buy any of the things, I gave him some money on them—I paid him 10l., and said when he could prove they were his own, I should give him 10l., more—I did not know they were not his, he said they were—he said if he could
not get his 350l. he should have the buildings down—he said 350l., beloned to him.
Cross-examined. Q. Did he say that he had given bills to a very large amount? A. Yes, to Messrs. Standing & Marten—he told me that—I think he said they charged 21 per cent., if not more.
MR. METCALFE. Q. You knew that he was tearing down these doors and things from the buildings, and you took them in, and gave him 10l., and you knew they were Messrs. Standing & Marten? A. I knew they were knew Mr. Lyle's—I knew the prisoner when he was building the houses, and I knew Mr. Blackburn—I pay 90l. rent for my house.
Recommended to mercy by the Jury.—Six Months' Imprisonment.
Before Mr. Recorder.
MR. BRINDLET. conducted the Prosecution.
WALTER ROPER . I am a decorator, and live at Lewisham—on Wednesday, 27th January, I missed from outside my shop a roll of lead, about 4 cwt, worth about 4l. 10s.—it was under the shop window—this (produced) is a portion of it, about 1 cwt—I know it by the marks on it.
WILLIAM TOWNBR . I am in the prosecutor's service—I missed the lead on opening the shop on the morning of 26th January—I had seen it safe the previous week—there was more lead then—I can't form any opinion about the lead produced—I did not examine it.
JAMES DIONUM . I live at Walpole Street, King's Cross, and am in the service of Mr. White, of South Street—on Monday, 25th January, about 1.30, the prisoner came into the shop with a roll of sheet lead in a sack—I weighed it, there was 1 cwt.—I agreed to give him 15s. for it—I did not see him paid—he said he was a neighbour, and lived close by, and that it was his own property.
DAVID SIAMAN . I am assistant to Mr. White, a marine store dealer, of 5, South Street, Blackheath—I saw the prisoner at our shop on 25th January, with this roll of lead in a sack—I saw him paid 15s. for it, I believe by Mrs. White—he gave the name of Smith, and said he lived in South Street, and it was his own property.
JAMBS HAZELDINB . (Policeman R R 21). On 25th January, I received this lead from Mr. White's shop, showed it to Mr. Roper, and he identified it—on the following Thursday I apprehended the prisoner in bed at his own house, in Room Street, Greenwich—I told him the charge—he said he knew nothing about it, he had not been at Mr. White's shop that day.
ALFRED LEFTWICH . I keep a beer-house, at Strait's Mouth, Greenwich—on the Monday before the prisoner was apprehended, I was driving a horse and cart across Blackheath, and saw the prisoner walking along the road—he had a sack which seemed heavy; he asked me to give him a lift, which I did—he asked me to pull up in South Street—he then took the sack out, and I drove home—I don't know where he went.
The Prisoner, in his statement before the Magistrate, said that he had found the sack containing the lead on Blackheath.
GUILTY .— Six Months' Imprisonment.
Before Mr. Common Serjeant.
MR. PATER. conducted the Prosecution; and MR. WILD. the Defence,
WILLIAM LAWRENCE . I live at 12, Latchmere Road, Battersea, and am a commercial traveller—the prisoner lives at No. 10, which is next door to me—on 1st February, about 3 a.m., I heard screams of "Murder," coupled with my name, and tapping at the wall—I called out that I would come directly, and called my sons up—I saw the prisoner come from the adjoining house, and on going down stairs found the prisoner in my daughter's bed-room, blood running from her head—the prisoner was in the passage—I said "Halloa, young fellow, what have you been up to?"—he never spoke a word—he had his trowsers and shirt on, but no boots—I requested him to fetch the police—he would not do so, and at last I demanded that he should fetch them, but he would not move—the prosecutrix bogged of him to fetch the police—she said if your father was here he would have run all over the neighbourhood for the police by this time—she said, in his presence, that she was lying in bed, and had a stroke on the side of the head, and woke up and called for protection—I went into the next house with the police, but saw no evidence of breaking, or of footmarks.
Cross-examined. Q. Is No. 10 next door to No. 12? A. Yes; the even numbers are all on one side—the prosecutrix tapped against the wall with the heel of her boot, and screamed, "Mr. Lawrence, they are murdering me"—I know the prisoner's father and mother, as next door neighbours—they were 80 or 90 miles away in the country at the time—his father is an officer in the Civil Service—I have lived there five or six months, and have heard them say that they have lived there six or seven years—as soon as I came down I saw the prisoner in the middle of the passage—my sons had let him in—I went with him next door—the door was opened—one window in the front door was broken, and another in the back door, and another opposite the landing in the bed-room; three broken panes in three different parts of the house.
COURT. Q. Where? A. One in the front door, and one in the kitchen door which leads into the area, and one pane in the staircase window—the prosecutrix was covered with blood—she was in my daughter's bed-rooms screaming—she was not in her night dress—she had all her clothes on except her bonnet and shawl—she had been undressed, apparently—I saw a poker reared up against the bed-room door—the latch of the kitchen window was broken.
MR. PATER. Q. How far was the broken pane up stairs from the garden? A. Twenty-five feet, I dare say—it was on the second floor—the pane was 15 or 16 inches wide, by 2 feet deep—it is a large staircase window, lighting the house from the top to the bottom.
1st of February, I found the prosecutrix and prisoner at my father's door—my brother opened it—I asked the prisoner what was the matter—he said that somebody had been murdering Caroline, or striking her—she had a great deal of blood on her face—the prisoner was dressed in a dark shirt and trowsers, he had no boots; I could not see whether he had stockings—I heard my father's evidence, it is correct—my father told him to go for a constable, but he did not say anything—I went over the house next door when the first policeman came.
Cross-examined. Q. Did either of you volunteer to fetch a policeman? A. No. I had my trowsers and nightshirt on, but it was raining very hard.
CHARLES LAWRENCE . On Sunday morning, 1st of February, I was first down, I opened the front door, and saw the prisoner and the prosecutrix—the prosecutrix was covered with blood—she said that somebody had been in the house trying to murder her, and the prisoner said the same—he had a dark flannel shirt and trowsers on, but no boots—I went into a field at the back of our house, about 11 o'clock that morning, and found this policeman's staff and bull's-eye lantern (produced).
JOHN HARRIS . (Policeman E 187). On Sunday morning, 31st of January, about 3.30, I saw the prosecutrix and prisoner outside the door—I said to the prosecutrix "What is all this noise about, what is the meaning of your standing out here?"—she said that while she was lying on the bed upstairs some man or burglar had been hitting her about the head, and nearly murdered her—the prisoner said nothing at that time—I went up to his bed-room which adjoined the prosecutrix'—there was no clothes on her bed, only the ticking, which had blood upon it; the window was open, and there was a quantity of blood upon the floor, and drops of blood on the outside sill of her window, which is on the second floor; it is very high—each story is about ten feet—I asked the prisoner who opened that window?—he said that he did not know—I found a poker secreted against the wall outside the prisoner's bed-room door—his bed-room window was open—I asked him who opened it?—he said "I did"—I said "Whose poker is that?"—he said "Ours"—I said "How do you account for it being here?"—he said "It has been hare over a week"—I asked the prosecutrix if she knew the poker—she said "It was theirs"—I asked her if they were in the habit of keeping it there—she said that it had been there, but on the Saturday morning, when she cleaned the house, she took it down into the kitchen"—I said "Are you positive of that?"—she said "I will swear it"—on the landing, as you go down, six or seven steps from the bed-room, I found a pane of glass broken, and asked the prisoner if he knew how it was broken—he said "No"—I looked round at the fastenings and they were all secure—he said "Very likely the party may have escaped this way"—there were no means of escape from the aperture—the catch was fastened—I undid it, and in raising the window a piece of glass fell from the inside—I went down to the parlours and saw that everthing was secure—the front kitchen was also secure—a pane of glass in the area door was broken, the top panel, and there was room enough for anybody to get their arms through and reach the top bolt; but it was impossible for anyone to reach the bottom bolt—the bolts were both fastened—the prosecutrix said that the glass had been broken some months—the catch at the back kitchen window was broken off, and the prisoner said that it had been off some time—he lifted the sash up a little way, and said "He may have got out this way and made his escape"—there was a row of flower-pots, and some gallipots outside the window, and it was impossible for anybody
to have got out that way without disturbing them—I lifted a flower pot and found that it had not been disturbed, as it was damp underneath—I said to the prisoner "It is impossible for anybody to have got out this way"—the prosecutrix said that she had been all over the place, and was perfectly satisfied that nothing had been moved, and no fastening disturbed since she fastened them up—London went to the house with me afterwards—I stood at the door with Mr. Lawrence and the prosecutrix, and the sergeant came up—when I first saw the prisoner he had on a dark shirt and trousers, no necktie, stockings, or boots.
Cross-examined. Q. Was it a fine night? A. No, there was wind and rain at 3.30—the two Mr. Lawrences came to the stable and fetched me—it was impossible for a person to have got over the row of gallipots, because there was a bench inside the window, and a washing stool with the gallipots and other things on it, and they must have knocked some of them over, or else moved the flower-pots to get out of the window—the first door was open, and they were standing outside with Mr. Lawrence, the elder, and two or three neighbours.
WILLIAM LONGTON . (Police Sergeant V 19). On the morning of 31st January, about 4 o'clock, I was passing this house, and prosecutrix stated, in the prisoner's presence, that she had been assaulted on the head by some person similar to the prisoner, while lying in bed, and that he had on a dark shirt and trowsers, but no boots—I heard Harris's evidence; it it quite correct—I asked the prisoner how long after she screamed he went into her bedroom—he said three minutes—the prosecutrix immediately contradicted him, and said that it was about ten minutes—the glass in the landing window had been broken from the inside, as the glass was lying outside—the prosecutrix said, "He threatened to strangle me yesterday morning, because I spent the money for housekeeping purposes"—he made no remark at that time—this staff was brought to the station, and I noticed that the handle of it was cut, and glass was buried in it.
Cross-examined. Q. You say that the prosecutrix complained of being strangled; where did she say that? A. On the door step, in the prisoner's presence, a few minutes after I arrived—I was examined before the Magistrate, and stated about the housekeeping money.
CAROLINE CANNELL . I am servant to the prisoner's father, at 10, Latchmere Road—on the morning of 31st January, I was in bed, and was awoke by a blow on my head—I went to turn round, and got another one in the same place—I jumped up and called Mr. Lawrence—I just caught sight of somebody leaving the room, and I called out—it was a man with a dark shirt on, and no boots—he corresponded in site to the prisoner—I had heard no footsteps or noises in the house—I saw the boy to bed (the prisoner)—he had nothing with him—I took away his light, and went to bed myself.
COURT. Q. What time did he go to bed? A. I closed the house, and he woke me up by shutting the door—I let him in and Saw him get into bed—I took away his light, and said, "Good night; you won't be there long before you are sick"—he was the worse for liquor—he said, "Good night, old girl."
MR. PATER. Q. Had you had any words with the prisoner that day? A. I had a few little trifling words, but these were nothing—we used always to quarrel about trifling things—I always treated him as my younger
brother, by living in the family so many years, and he would not hurt me—he would take my part in everything I did.
Q. Did he ever strike you? A. He has just touched me, and I have done the same to him—he has just put his hands on my throat, in a lark, and said, "You know, dear, it is only done in play"—there had been a quarrel about spending the housekeeping money—I knew he was an innocent boy, and I said, "I will tell your father if you go about wasting that money"—some money was left for housekeeping when the father went away, and I told the prisoner if he got into debt I would tell his father, because I knew him to be an innocent boy, a silly lad—I had had words with him on the Saturday morning, but nothing to harm—he ran at me, to hit me, and just caught hold of me, but nothing to harm—I seized him by the hair of the head, in play, but on Saturday night we parted the best of friends—he was sleeping in the same room as I was sleeping in on Saturday night, and my belief is that the blow was intended for him and not for me—this poker was last in the kitchen—I had taken it down in the morning, and did not bring it up again—I fastened up every door, and afterwards the back kitchen door was open, and I was looking out at the window, and saw him knocking at Mr. Lawrence's door, and then I went down again.
COURT. Q. The back kitchen door was open? A. Yes; I left it shut—it is an inner door—and when he came to me, he said, "Oh my good Lord! Caroline, what is the matter?"—he said, "Don't you come here to me," and then I looked out of the window, and saw him knock at Mr. Lawrence's door.
Cross-examined. Q. Was it a very dark night? A. Yes—I do not burn a light in my room—my bed room door will not lock—I had no candle, but I could see very well, because the moon seemed to come across that way—it was raining—when I received the first blow, I awoke, and twisted round, and went to lie down again—I put my hand up and got another blow, and saw the dark shadow leave the room—I jumped up, and saw somebody leaving the room, with a dark shirt on—I immediately called Mr. Lawrence, and the prisoner came to the door, and said, "Oh my good Lord! Caroline what is the matter!" and he went to catch hold of me, so as I should not go down stairs alone—when I got down stairs the kitchen door was found open—I have lived seven years with the family—the prisoner is only sixteen—I have always attended to him as a young brother—we have always been friendly—we have had our little quarrels, just as brothers and sisters do; and on this night, about 6.30, he said, "Caroline, I feel so ill, will you fetch me a little rum?"—I said, "Yes"—he said, "I will take half, and leave the other half on the mantel—shelf for you"—when he came in I saw him up to bed, and there was nothing at all, at 11 o'clock, in his bed-room—his father had sent him money—I do not think he had more than 2l.—he was not without money—I have never seen this club and lantern before—they do not belong to the house.
COURT. Q. Do you say it was ten minutes after you screamed before the prisoner came? A. Yes—it seemed ten minutes to me—when he came in ho put his hand on the side of my head.
WILLIAM HENRY KEMPSTER . I am a surgeon, at Battersea—I examined the prosecrutrix on the morning of 31st January—she had a contused wound about three inches long on the right side of her head, caused by a severe blow from a blunt weapon—a poke', I should imagine, would produce it—she has quite recovered now.
Cross-examined. Q. Was she ever in danger? A. Never—this club would not cause a similar wound, it is too thick—it was a wound of great superficial area—I think I can undertake to say that it would not—the same would apply to the other end of it—it was a very extensive wound, but it healed very well.
COURT. to CAROLINE CANNELL. Q. Did you go down with the prisoner? A. Yes, from the bed room—I saw him knock at Mr. Lawrence's door—I was looking out at the window at the time—he opened his own door, that is all I know—I asked who opened the door, and he said he did—he had come in by the inner door, and went out by the front door—I hardly know which door he went out at.
Twelve Months' Imprisonment.
MR. STRAIGHT. conducted the Prosecution; and MR. DOUGLAS. defended Wells.
WILLIAM CAMPION . I keep the Role public-house at Diamond Street, Camberwell—I know both the prisoners, and Mason I know well by seeing him at my house for about four months—I first knew him at the beginning of 1867—I know Wells by his Doming occasionally with Mason for refeshment—I was told Wells resided at Peckham—I did not know where Mason lived until after September—on 27th September, 1867, Mason came to my house with three or four others, they had some brandy-and-water, and gin-and-water, which came to about 2s. 4d.—my son was there at the time—Mason gave my son this cheque (produced) in my presence, and asked me to change it for him—it was dated forward for the 30th—(Read: "30th September, 1867—No. 5 1728—Newington Branch, London and County Bank, 18, Newington Butts, S. Pay Mr. Mason, or bearer, the sum of 13l. 5s. Signed W. Drew.")—The word "bearer" is struck out, and across it is endorsed, "Account closed," and then at the back, "Mason"—I asked him if the "George Mason" was his handwriting and he said, "Yes"—I asked him if it was perfectly right, and he said it was—he said, Mr. Drew was a respectable man, and had plenty of money to pay it—on the faith of that statement, and upon his endorsing his name on the cheque, I gave him the money for it—no reason was given why it was dated the 30th—I did not notice it until after he had gone—I went to the bank on the 30th, I presented the cheque and they returned it to me—I afterwards went to Mason's house in Camberwell—I went three times, but could not see him—I saw his wife, and I told her I wanted to see him very particularly about a cheque—I saw him a few mornings afterwards, about the end of the week—I told him I had been to the bank, and there was no money there—he said., "There must be"—he also said, "I took it from a gentleman, a friend of mine, in the way of business," and Mason then promised me the money for the cheque in the course of the week—I said if he did I should be very glad, and if he did not I should take other proceedings—he did not come with the money—I next saw him twelve months afterwards, on 5th January, 1869, in the dock at Lambeth Police Court—after the interview I had with him in 1867, I gave information to the police.
Cross-examined by MR. DOUGLAS. Q. You say you knew something about Mason? A. Only as a customer, that is all—I have seen Wells at my house with Maroon—I only knew him by sight.
Mason. How many times have you seen Wells with me? Witness I can't say—he used to come in with you—that was in 1867, about September—I am sure it was not in October I saw you with Wells; very likely the latter end of September—I recognize Wells by the cast in his eye—you have been in the habit of coming all times in the day to my house—Wells came in with you once—I did not know where you lived till after you gave me the cheque—you are well known in the neighbourhood—I don't think Wells spoke to me—you asked for the liquor, that is all.
JOSEPH ALFRED SMITH . I am manager of the London and County Bank, Newington branch—I have seen this cheque—at the time this cheque bears date, no person of the name of Drew had an account there—it was presented on 30th September, 1867, by our customer, Campion—there was no account at the bank at that time, and the words, "Account closed," were written across it—there had been an account in the name of William Drew, a surveyor, of 37, Montpelier Road, Peckham, on 18th April, 1867, but it was closed on 28th August, 1867—I opened that account personally—the prisoner Wells opened it in the name of Drew—he signed that as his name—he gave me a reference, which I found was incorrect, and I sent for him to explain the circumstance, to see whether any mistake had occurred—I saw him, and told him he must close the account, and as he failed to do so, I wrote to him on 3rd July, 1867—he opened the account with 150l.—at the time the account was closed there was 20l. standing in his name—when the account was opened, I handed him a cheque-book—I have the numbers of the cheques—No. 1728 is from it.
Cross-examined by MR. DOUGLAS. Q. When did he draw the cheque for the balance? A. Not until August—I would have closed the account in five days if I had been able—I have explained that he gave me a false reference—I could not compel him to draw the cheque for the balance—he continued drawing cheques after the account was closed.
MR. STRAIGHT. Q. Have you the signature book there? A. No—the signature to the cheque is like the one in the book—had there been funds, I should have paid it—I believed it to be his writing.
JOHN LOMAS . I am a butcher, at Rye Lane, Peckham—I never became acquainted with Wells, but I used to send meat to his house, in October, 1867, 8, South Grove, Rye Lane—on 25th October, Mason came to my shop, and handed me this cheque (produced)—he said he wished to pay for Mr. Wells' meat if I could cash him the cheque—the amount of Wells' account was about 12s. or 15s.—the cheque is drawn on the London and South Western Bank, Peckham, No. 1087, and dated 25th October, 1867: "Pay self or bearer the sum of 5l. 15s. Signed W. Wells; crossed, Albion Bank, Limited," and on the cheque is written the name, "Pannell"—I gave him 5l., and some odd shillings, deducting the account due to me from Mr. Wells—I asked Mason to endorse the cheque—I don't know whether he did it or not; I banded him a pen, and he gave me back the cheque with the name "James Forster" on it—he said, "I will endorse it, my name is Forster"—I afterwards paid the cheque away to a person named Pannell, and it was returned to me, on the following Tuesday, with "No account" written on it—I had received the cheque on the Saturday previous—I never saw Mason before that day—I am certain he is the man who paid me the cheque—I did not see him again till he was at the Police Court—I recognized him directly I saw him.
Cross-examined by MR. DOUGLAS. Q. You never saw Wells? A. No.
Mason. What time did I come to you? Witness. About 6 o'clock in the evening—it may have been on a Saturday—I am sure you are the man—I gave you the money—I can't say how I gave it you—I did not see you write your name—I gave you a pen and ink—I went to my desk, and I can't say whether you wrote it or not.
HARRY GIRLING . I am manager of the London and South Western Bank, at Peckham—on 21st August, 1867, I had an account opened by a person of the name of William Henry Wells, with 36l. 10s.—this is his signature in the signature book, to the best of my knowledge—on 25th October, 1867, there was no amount of 5l. 15s. standing in his name—the account was closed on 30th September, 1867—if there had been funds at the bank at the time, we should have paid it.
Cross-examined by MR. DOUGLAR. Q. You don't know the prisoner at all? A. No—I don't know whether he was the man who opened the account.
JAMES HAM . (Police Sergeant P 5). I took Wells into custody at the Buy Tree Tavern, St. Swithin's Lane—I saw him sitting down in the smoking-room—I went in, and said I wanted to speak to him outside—he came out—I was in plain clothes—I said, "Do you know who I am, Wells?" he said, "No, I do not"—I said, "My name is Ham, and I am going to take you into custody for being concerned with a man named Mason in passing fictitious cheques, and obtaining goods, in Camberwell and Peckham, on tradesmen"—he said, "You are not going to take me"—he then commenced struggling—he resisted very much—there were three constables to take him from the house—a great many of his companions tried to rescue him—he called his companions to rescue him—he said "I am not going to allow them to take me, I know nothing about it"—he used very foul and abusive language—I got him to the station, and told him the charge, he said—"All right, sergeant, you can't blame me for trying to get away"—as he was going to the station, he took a piece of paper out, and tore it up into little bits—I afterwards went to his house and found some papers, which I took possession of—I have seen him a great many times before I took him into custody—I have known him for years—he was living at South Grove, Ryo Lane—I have seen the prisoners in company together, many times—I should say forty times, in Peckham and Camberwell—I took Mason into custody on his discharge from Holloway Prison—I told him he was charged with uttering a forged cheque to Mr. Campion, at the Rose public-house, eighteen months ago—he said, All right, I have got seven witnesses, I can produce different to that"—I told him there would be other charges he would have to answer to, but I was not then in possession of the facts—he said, "All right, I can prove different"—I took him to the station and then to the Police Court—I have seen Mason with Wells at 8, South Grove, Rye Lane, a great many times—I saw him there in October, 1.867, backwards and forwards with Wells.
Mason. Q. What time in October have you seen us backwards and forwards? A. The whole of that month—I did not hold a warrant for you on the 17th—I believe it was the 25th that I had it—I have not been to your house at all—I sent someone there on 21st October—I generally saw you going home from Peckham in the evening.
Cross-examined by MR. DOUGLAS. Q. You have seen them often together? A. I have, quite forty times—I couid say fifty times, going back as far as 1865, and before that—they were friends of mine, such as we have to
look after—I took Wells quietly, I did not put myself out—I held him by the cuff before I told him the charge—I had not shown him the warrant—I had no warrent with me—he said at the station he did not care for himself so much as his wife and children, and he hoped it would take care of them.
Mason. Do you know Charles Talent? Witness. Quite well—I don't know that you subpoenaed him as a witness—I have seen him at the Bay Tree since you have been taken—he was examined as a witness before the Magistrate against Wells, but that ease has not been taken—I have not seen him for this fortnight—I know Walker well—I know Mr. Holmes; he is the carman who moved Mr. Wells' furniture—he will toll you that on 25th October he moved Mr. Wells, and Talent was there.
GUILTY . **— Two Year's Imprisonment each.
Before Mr. Recorder.
MR. MOODY. conducted the Prosecution.
WILLIAM DAVIS . (Policeman P 123). About 2.30 on the morning of 8th February, I was on duty at the corner of Champion Terrace, Denmark Hill, alongside the wall of Mr. Colchester's garden—I saw the two prisoner there together between 2 and 2.30—they passed me, walking quickly—about 4 o'clock I was called to Mr. Colchester's house, No. 1, Champion Terrace—I found this brace lying outside the house, in the garden—a piece of wood had been cut out of the shutter of the kitchen window, and the bar that went across was wrenched off—the box of the lock of the area door had been wrenched off, and an entrance liad been effected that way—I am sure the prisoners were the men I saw there—I never saw them before—I took Wiggett into custody on the 17th.
CHARLES CORNWALL COLCHESTER . I live at 1, Champion Terrace, Denmark Hill—my family went to bed between 10 and 11 on the night of 7th February—all was then safe—I went round myself, and the fastenings were all secure—I was aroused about 4 o'clock by someone shouting that there were thieves in the house—I went down stairs to the dining-room and found that seven or eight locks had boon broken open, and the articles scattered about the room—all the silver was taken—these things (produced) are mine; they were safe in my house on the 7th—those four spoons belonged to my daughter-in-law—some coats were stolen from the hull; a coat of mine was taken—that has not been found—the value of the property that I missed would be about 20l.
RICHARD WINN . I am assistant to Mr. Dacre, of 5, Southampton Street, Camber well, pawnbroker—I produce a coat that was pledged on 13th February, for 6s., in the name of Ann Ploughman—this is the ticket I gave to the person who pledged it.
February, at 19, Acorn Street—I went back to take house afterwards with him and made a search—there was a coat rack against the wall—I pulled it away and four duplicates fell out, and amongst them this one relating to the coat, produced by the last witness—I have known the prisoners some time as associates—they have lodged together at 19, Acorn Street for some months.
Wiggett. How long is it since you have known us together? Witness. Four or five months—I don't know how long you have been out of bed since you were laid up—I knew you were laid up, as I missed you for some time—I am aware you lived at Sydenham—you had lodged with Gray more than four nights.
ROBERT WEBB . (Police Sergeant P 6). I went with Ham to 19, Acorn Street—I found this coat hanging up behind the door—I asked Gray how he accounted for the possession of it, and he said he bought it in Petticoat Lane, about six weeks before—I searched the cupboard, and found these four spoons behind a plate in the cupboard—I went the following morning, the 18th, to a shed at the back, and found some ground had been removed—Gray's wife was there with her bonnet and shawl on, going out—she showed me the contents of her pocket—there was this knife, two little silver ornaments, and this tablet—Mr. Colchester identified all but the tablet—I afterwards told Gray, in his wife's presence, that his wife told me that he told her where the things were buried, and that she dug them up, and was going to throw them away—he said, "That is quite true, my wife knows nothing about it; I hope you won't take her up"—Wigggtt was not apprehended at the same place—he was taken on another burglary.
Wiggettt Defence. I have nothing to say. I know nothing about this affair, and had nothing to do with it.
Gratft Defence. I bought the things, and know nothing about Mr. Colchester's house.
GRAY— GUILTY .— Five Years' Penal Servitude.
WIGGETT— NOT GUILTY .
MR. POLAND. conducted the Prosecution; and MR. WARNER SLEIGH. the Defence.
SAMUEL JERRED . I keep the Greyhouud, High Street, Peckham—on 8th January the prisoner came for threepennyworth of gin, hot, and gave me a florin in payment—I examined it, and said it was bad—he said, "I gave you more"—he spoke in English very well—he gave me a good half-crown—I told him I could not let him go before I sent for a policeman—I did so, and gave him in charge, marked the florin, and gave it to the constable—the prisoner said he had taken it in the Old Kent Road, and afterwards, at the station, I allowed him to go.
Cross-examined. Q. Did he tell you he was coming from Deptford by one of the omnibuses! A. No, he said he had it in change from a conductor in the Old Kent Road—he did not state where he had come from.
HENRY HILLS . (Policeman P 178). The prisoner was given into my custody by the last witness—I searched him at the station, but found nothing on him—he said a 'bus conductor had given him the florin in change for a half-crown—he gave the name of Theodore.
Gold Digger's Anus, Peckham—on 28th January the prisoner came in for a glass of stout—he gave me a florin in payment—finding it was bad, I handed it to my husband, and he spoke to the prisoner.
JESSE BUCKLAND . My wife gave me a florin—I found it was bad, and told the prisoner so—I asked where he got it from—he said he took it from a railway station—I asked if he had any more in his pocket—he said "No"—he directly said he would give me a half-crown in good money, and wanted the florin back—I sent for a constable, and gave him 2s. 4d. change for the half-crown.
JAMBS ELLIOTT . (Policeman P 23). The prisoner was given into my custody—I asked him if he had passed a florin—he said he did—I said, "Did you know it was bad?"—he said "I took it of a friend; I don't know when, or yet where he lives"—I searched him at the station, and found on him a box of toys, nine oranges, a receipt stamp, 2s. 4d., a small piece of cosmetic, and he was wearing an imitation gold chain—he said he lived at 2, Charlotte Street, Greenwich.
Cross-examined. Q. Are you sure he said Charlotte Street? A. Yes—wrote it down himself on a piece of paper—I have not got that—I threw it away when I found the address was false—I found his wife in Ravens-bourne Street—I found no bad money in the house.
GUILTY .— Nine Months' Imprisonment.
MESSRS. POLAND. and GRAIN. conducted the Prosecution.
MARIA HEPBURN . I am barmaid at the Clarendon Arms, Camberwell New Road—in the middle of January, Howard came there for threehalf-pennyworth of rum—she gave me a bad shilling—I returned it to her, and she gave me another—I put it in the till with other shillings, and she then left—after she had gone, I looked in the till, and there was a bad shilling on the top of the other money—I gave it to Mr. Peall.
WILLIAM WVATT PEALL . I keep the Clarendon Arms—the barmaid gave me a bad shilling—I gave it back to her, and saw her give it to Howard—two or three minutes after she had gone, I went to the till and found another bad shilling at the top of the other money—I gave it to the constable.
MARY JANE BARNETT . I am barmaid at the Union Tavern, Camberwell—on 29th January, about 10.30, Howard came in for threehalfpennyworth of rum and shrub, and gave me a florin in payment—I gave her the change, and she left—I saw her again in the house about half-an-hour afterwards, she was then served by Miss Frost with threehalfpennyworth of shrub—she put down a florin—I saw Miss Frost try it, and break it; and she said to the prisoner, "This is a bad one"—she then put down a half-crown—Miss Frost gave her change, and she left—I afterwards went to the till, and there found a bad florin—there was no other there—I took it out, and went after the prisoner—I found her about fifty yards from the house—I said, "This is a bad florin you have given me"—she said, "I did not give it you"—I am quite sure she did—I brought her back and gave her in charge, and gave the florin to the officer.
Tavern, Camberwell—on 27th January, Howard came there, and asked for threehalfpennyworth of shrub—she gave me a florin—I put it in the till, and gave her change—there was no other florin there at the time—about twenty minutes after she had left, I went to the till, and found a bad florin—I had not put any there in the meantime—I put it on a shelf, and it remained there till 29th January, when Howard came again, and asked for threehalfpennyworth of shrub—she gave me a bad florin in payment—I broke it, and told her it was bad, and gave it her back—she then gave me a good half-crown, which she had ready in her hand—I gave her the change—I am quite sure she is the same person who came on the 27th.
JOHN ISNKLL . I live at 31, James Street, Southampton Street, Camberwell—I was at the Union Tavern on 29th January—in consequence of what Miss Frost said, I went out in the road and saw the two prisoners together, about sixty yards from the house, talking and walking along together—I saw them again about half-an-hour afterwards, going towards Camberwell Green—I then went back to the Union Tavern and saw Howard at the bar—I saw her give the florin to Miss Frost, who broke it, and gave it her back—I then went out after her—she went up towards Kennington Park, and the man was on the other side of the way—I followed him for about a mile and a half—I spoke to a constable, who took him into custody.
Barnes. Did you see me go in anywhere along with the woman? Witness. No; you were whistling and singing all the time I followed you—you kept looking back, and at last you ran away.
ROBERT FROST . I keep the Union Tavern—on the morning of 29th January, I saw Howard at my bar—my daughter showed me a bad florin, and I saw it given back to Howard, who then paid with good money—after she had gone, I saw the barmaid take a bad florin from the till—I sent a man after Howard, who brought her back—I told her that she had been passing another one before that, and I should give her in charge—she said she did not pass it, that she would give two shillings for it if I liked—she was taken to the station—I received one florin from my daughter, and another from my barmaid, and there was a third one which my daughter detected—I gave them to the constable.
WILLIAM ROBINSON . (Policeman P 48). On the morning of 29th January, I smell spoke to me just as Barnes passed me—he commenced running—I ran after him, and caught him about sixty yards off—I told him I should charge him with being concerned with a female in uttering counterfeit coin—he said, "All right, I know nothing about it"—afterwards, in crossing the yard at the station, I said to Howard, "Do you know anything of that man"—she said, "Yes, that is my brother"—he was not within hearing—he denied all knowledge of her; he said he knew nothing at all of her, she was quite a stranger to him—I found 2s. 5d. on Barnes, and a pawn ticket.
SARAH KNOTT . I am the wife of Richard Rnott, who keeps the Hermit's Cave beer-shop, Camberwell—on the morning of 29th January, about 9.30, I served Howard with a half-pint of fourpenny ale—she gave me a florin—I handed it to my husband; he said it was bad.
RICHARD KNOTT . My wife gave me a bad florin—I spoke to Howard and told her it was bad—she said she knew where she had got it, and she could take it back—she then gave me a good half-crown—I gave her the change and the florin, and she went away.
WILLIAM CLARK . (Policeman N R 17). Howard was given into my custody for uttering three separate counterfeit florins—she said she was guilty of one, but not the others—I produce the three florins that I got from Mr. Frost, and a shilling which I received from Mr. Peall.
Howard's Defence. I am guilty of one, but not knowing it was bad.
Barnes' Defence. I think it is very hard for me to be imprisoned six weeks for nothing. I know nothing of the woman, and was never in her company.
HOWARD— GUILTY .— Nine Months' Imprisonment.
BARNES— NOT GUILTY .
ADJOURNED TO MONDAY, 5th APRIL, 1869.