CENTRAL CRIMINAL COURT
FIRST SESSION, HELD NOVEMBER 22ND, 1869.,
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND, BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED, BY
EDWARD T. E. BESLEY, ESQ.,
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
SESSIONS I TO VI.
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, November 22nd, 1869, and following days,
BEFORE THE RIGHT HON. ROBERT BESLEY, LORD MAYOR of the City of London; Sir ROBERT BARNARD BTLES , Knt., one of Her Majesty's Justices of the Court of Common Pleas; Sir RICHARD BALIOL BRETT, Knt., one other of Her Majesty's Justices of the Court of Common Pleas; THOMAS QUESTED FINNIS, Esq., WILLIAM LAWRENCE , Esq., M.P., ANDREW LUSK, Esq., M.P., and THOMAS SCAMBLER OWDEN, Esq., Aldermen of the said City; THOMAS CHAMBERS , Esq., Q.C., M.P., Common Serjeant of the said City; and ROBERT MALCOLM KERR , Esq., LL.D., Judge of the Sheriff's Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
Sir JOSEPH CAUSTON, Knt., Alderman.
Sir JAMES VALLENTINE, Knt.
ALEXANDER CROSLET, Esq.
ALEXANDER JOHN BAYLIS, Esq.
CENTRAL CRIMINAL COURT.
BESLEY, MAYOR FIRST SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—fin obelisk † that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, November 22nd, 1869.
Before Mr. Common Serjeant.
1. ROBERT COOK (58), was indicted for unlawfully, and by false pretences, causing and inducing Angelina Clara Hall to execute a certain deed assigning her interest in certain property. Second Count—Inducing her to affix her name to it, that it might be dealt with as security. Third Count—Converting to his own use a certain policy of assurance, with intent to defraud.
MR. SERJEANT SLEIGH, with MR. MONTAGU WILLIAMS, conducted the Prosecution; and MR. SERJEANT BALLANTINE, with MESSRS. METOALFS and POLAND, the Defence.
ANGELINA CLARA HALL . I am a widow—my husband's name was William Agar Hall—he died on 6th May, 1868—previous to his decease I knew the defendant—I knew that my husband had monetary dealings with him—at my husband's death I was left with five children—I came to London to seek advice—I went to the defendant, who, at that time, had an office in Pall Mall while his house was under repair—I subsequently went to him at 18, Warwick Street, Regent Street—I took him a policy of insurance for 200l. long my husband's life—he looked at it, and said, "I am very sorry for you, Mrs. Hall; I regret to hear you are left as you are. Leave this with me, and I will get this for you free of expense"—I left it with him—this was in June, 1868—I told him when I handed it to him that it was a policy on my husband's life in the Equitable Insurance Office—I went to him again on 10th September—I had my little boy very ill, in fact dying; and I begged of him to give me some money—I went to him then in consequence of receiving a letter—my sister was with me, and Charles Pointer was also present—he was one of Mr. Cook's clerks—I was always given to understand Mr. Cook had a deed prepared for me that he was to advance 200l., exclusive of the insurance money—he said it was to enable me to go into business, he felt so deeply for my situation—I had no provision for my family, and with my insurance money he would advance me 200l., for
which T was to sign the deed—he said, "I have mentioned your insurance in it, but that has nothing to do with it, that is yours"—he said he thought a public-house would be the best thing I could take—he said that I was to pay him 5 per cent, for this 200l., and date it from the same time that my husband's mortgage was to run—I was aware that my husband had had an advance on mortgage from Mr. Cook—he asked me if I should require an advance of some money, and I said if he pleased—he asked me how much would do, would 30l. do, and my sister replied, "No, my dear, not less than 50l."—he then gave me a cheque for 50l.—the deed was read to me—Charles Poynter read two or three leaves of it, and Mr. Cook took it out of his hand, and read it in a quick and hurried manner—he said Poynter did not know how to read—he did not read it correctly; but he was reading it correctly, so that I could understand I—Mr. Cook said this was merely a deed for me to assign over, at 5 percent., for the 200l., not mentioning the insurance at all, to assign to him the Interest for the 200l.—I did not receive 200l. on that occasion, only the I. cheque—I also signed a cheque for 120l.
CHARLES ULLMAN . I am a clerk in the office of Mr. Bretton, solicitor—I served a notice, of which this is a copy, according to instructions I received from the office—I served it on a servant at Mr. Cook's office, 18, Warwick Street, Golden Square (This was a notice to produce tilt deed and certain cheques and letters).
Cross-examined by MR. SERJEANT BALLANTINE. Q. You say the notice was served from the office of Bretton & Company? A. From Mr. Brettou's; he is a solicitor—the notice is signed "E. Lewis & Co."—I have seen it before—it was not read over to me—I did not read it—it was given to me by one of Mr. Brettou's clerks—I did not see the contents—I know it was a notice, because I took it, and the one I served and the others were read over together by the two clerks—Mr. E. Lewis is with Mr. Bretton; he is a partner—I was in the room when the two clerks read it over; but I did not take notice of it.
ANGELINA CLARA HALL (continued). I asked Mr. Cook what the 120l. cheque was for, and he said to take out administration in England and Ireland—(The. deed and cheques were here produced)—This is my hand-writing at the back of these cheques—the other endorsement, "Henry Arnold," was not then on this one—(The cheques being read, were on Cox, Biddulph & Co., for 50l. and 120l. respectively, one endorsed by the witness and Henry Arnold, the other by the witness only)—This is my signature to the deed—this is the deed I signed on 16th September—Mr. Cook said the 120l. cheque was to pay the administration in England and Ireland, that it might come to so much, and it might not; but, of course, if it came to more, I had nothing to give, and he would have to pay the over plus if it came to more—I also signed this memorandum on that occasion (Read: "Mrs. Angelina Clara Hall, in account with Mr. Robert Cook, by mortgage, 200l.; cheque, 50l. Ditto Mr. Arnold, for administration, 120l.; bonus, 30l. I have examined the above account, and do approve of the same, 10th September, 1868. Angelina Clara Hall. Witness, Eliza Smalley.")—Mrs. Smalley is my sister—I had no connexion whatever with Mr. Arnold—I did not know at that time who he was—I had not, before 10th September, been furnished with or seen any deed or copy—I saw it for the first time on 10th September—on 7th September I wrote this letter (produced) to Mr. Cook, and received this letter of the 8th, signed, "Henry
Arnold," in reply, and on the 10th I went and found the deed all ready for me—(The letters were put in and read; Mrs. Hall's letter stated that she was greatly inconvenienced at not hearing from him, being in much need of money. The reply made an appointment for the 10th)—When Mr. Cook gave me the 50l. cheque he told me to be very careful of it, that money was very slippery, and soon passed through your hands—when I signed the deed my firm belief was that he was going to advance me 200l., with my insurance money, to enter into business—that was what induced me to sign the deed—I did not know that I was making an absolute conveyance of the policy of insurance, or that I was conveying it in any way to him—I did not know that I was doing anything of the kind, had I done so I should certainly not have signed it—the next interview I had with Mr. Cook was on 19th November, at 18, Warwick Street—I went and saw him there—I asked him for some money, and after some conversation he gave me a 10l. cheque—of course I kept wanting to know the reason that he never gave me the 200l. that I had signed for—I did not say anything to him about it—I was always afraid to speak to him—he asked me if I would show him different papers that I had been to about houses of business—I showed him some about public-houses that I had been inquiring about—I told him that I had been seeking after them, but they wanted so much money to enter into them—he said he would advance me 400l. or 500l.—I was to go as far as 500l.—he then, after a long time, gave me a cheque for 10l. on that date—this (produced) is the cheque; this is my writing at the back—he also gave me a piece of paper to sign—he dictated it, and I signed it—this is it (Read: "19th November, 1868. To Mr. Robert Cook, 18, Warwick Street, Golden Square. In consideration of 10l. lent and advanced by you to me, I hereby agree that the same, with interest thereon at 10 per cent, shall be tacked to my mortgage to you, and charged upon the securities thereby assigned. Angelina Clara Hall")—He said nothing to me on that occasion about having received the insurance money—he never mentioned it—this document (produced) was brought to me by a clerk from the insurance office, in October—(This was dated 21st October, 1868, from Mr. Gover, the manager of the British Equitable Assurance Company, enclosing a form of receipt to be filed up by the witness when the payment would be made)—I took that to Mr. Cook some time in October, I don't exactly know when—I showed it to him, and he dictated a letter for me to write to Mr. Gover—he told me to say that they were to hand the cheque to Mr. Arnold—I asked if I might go with Mr. Arnold to receive the money—he said, "Oh no, we will do all that for you"—I wrote the letter at his dictation, and handed it to him—after the interview on 19th November, I saw him again on 23rd December—I went alone then, and saw Mr. Cook alone—I went to ask him for some money—he was very much annoyed at my asking him, and said he really could do no more for me—I said, "For why?"—he said because my insurance money was all swallowed up in expenses—(he had never mentioned to me before that, that he had received my insurance money)—I asked him to render me an account of them—he said he did not know what they were, that he had given the money to Mr. Arnold, but he would have them made out for me—I then asked him for some money—he said he could only give me 5l., and he could not do that, only it was so near Christmas, and he could do no more for me, my money being all gone—I told him I had no provision whatever for my children, and I did not know what I should do—he said lie was very
sorry for me, but he could not help me—this is the 5l. cheque he gave me; he at the same time dictated this document to me, which I wrote and signed—(Read: "23rd December. To Mr. Robert Cook. Memorandum—Mr. Robert Cook has advanced me 5l. this day, and I hereby agree that the same shall be tacked to my mortgage to him, with interest to the date therein mentioned")—I have a brother, a publican, at Putney—after this I made a communication to him, and gave instructions to my solicitor to obtain my money back—I brought an action against Mr. Cook to recover the insurance money—all I received from Mr. Cook before bringing that action, was 65l. that was every halfpenny I had from him—(The deed was put in and partly read it wot very long, and contained numerous recitals and covenants)—I did not at any time during the reading of that deed, understand that I was assigning to Mr. Cook my policy of assurance.
COURT. Q. Can you tell at what part Poynter left off reading, and Mr. Cook began to read? A. No I really cannot, I was in such trouble at the time, my little boy was dead.
MR. M. WILLIAMS. Q. Did you understand what Mr. Cook read, after he began to read it? A. Certainly I did not understand it as I understand it now, or I never should have been so silly as to sign such a deed as that, I am quite certain.
FRANK MOORSON . I am a clerk in the British Equitable Life Assurance Office—I have a brother, who is also a clerk there—I have not seen him here to-day—he left the office, with the policy of assurance, to come here—he was subpœnaed.
WILLIAM HENRY MOORSON . I produce a policy of assurance on the life of Mr. Hall—I was subpoenaed—I have the subpoana in my pocket—(The policy was put in and read; it was dated 13th September, 1867, and was for 200l., on the life of William Agar Hall, and the following receipt was endorsed upon it: "Received, 3rd November, 1868, of the British Equitable Assurance Company, 190l. 6s.;. 4d., in full discharge of the claim in respect of the within policy, &c. Angelina Clara Hall. Witness, Henry Arnold.")
MRS. HALL (re-examined). That signature, "Angelina Clara Hall," is mine—I signed it at Mr. Cook's—I never went to the office—I handed it, signed, to Mr. Cook.
Cross-examined by MR. SERJEANT BALLANTINE. Q. What was your husband's age at the time of his death? A. Thirty-eight—there was some allegation by the office that his age had been misrepresented, that accounted for the deduction of 10l., so Mr. Cook told me—I only know what he represented to me—I have no reason to doubt it—I am paying for this action myself—if Mr. Cook had acted honourably to me, I might have been doing something—I have been paid the whole 190l.—I have had it in my own possession; but, of course, I am laying it out daily—I am bearing the expense of this prosecution—my attorneys are Messrs. Lewis, of Great Marlborough Street—if Mr. Cook had handed the money over to me at once, I might have been making a provision for my children—I was advised by my friends to prosecute Mr. Cook, to punish him for his unkindness towards me—I am doing it to show his conduct to others, that he should not deprive the widow and her family of her only subsistence—that is the way I am spending my money—I never intended to gain anything else by it, I never expected it—I know that my husband represented the Irish property to be worth about 3000l.—I don't know that it was worth nothing of the kind—my brother-in-law is a trustee—I don't know from him that the property
is worth nothing like that—Mr. Cook was aware that my husband's family were not very fond of me—I don't believe that the property is not worth a so much, I believe the contrary—my brother-in-law never enlightens me upon anything as to what the property is worth, merely sends me a few accounts—I have not taken any means to ascertain what the property is worth, only what Mr. Cook has taken himself—he took out administration for me—he charged me for it—I have not taken any means since I have been out of the hands of Mr. Cook to take out administration, because Mr. Cook had had my administration previously—I have never seen them—I have not directed anybody to apply to Mr. Cook for them—I have never tried to take out administration in Ireland, because I thought Mr. Cook had already done so—he told me he had, or otherwise the property would not be secured to him—I don't know thai there is a farthing coming to me out of the Irish property—if I did take out administration, I don't know whether there is or no—my friends have not enlightened me upon the subject—I really don't know whether I shall get a penny out of it—I know how much money my husband actually had from Mr. Cook—he had 300l. and 200l. besides, the rest was for bonuses—the property is at Limerick—I took the policy to Mr. Cook because he was always very polite to me, and I took it to him to show it to him, and ask how I was to obtain it—I did not know of everything that had passed between my husband and Mr. Cook—my husband was often at Mr. Cook's without me—I knew that the policy was mentioned in the deed, but Mr. Cook said, "That is nothing, it is yours"—I was in such deep affliction, my husband dying, and three months afterwards I lost my little boy, and I had no money to pay the funeral expenses—that was what I wanted money for, and I thought to get my insurance money for it—I thought I was to obtain that and the 200l. he was to advance—I firmly believed it.
Q. What did you think was to be his security for the 200l.? A. I thought, of course, when his mortgage came due he would sell the property, if my mother-in-law should die—he told me I was a shrewd woman, and I was sure to get on in business—of course I believed that I was adapted for business—I did not ask why the policy was mentioned in the deed, because, unfortunately, I put too much trust in Mr. Cook's kindness towards me—my sister was with me on two occasions—she was with me at the time the deed was read, but she is very near sighted—that would not prevent her hearing, but I could not tell you what it was—when it was read to-day I' could understand it—I allowed the reference to the policy to remain in it, because, unfortunately, I must have been very ignorant of it to allow it to be inserted—that is the only account I can give—I did not think the memorandum I signed, on 10th September, referred to the policy—I thought it meant the 200l. he was to advance—I did not understand it—he never explained it—I never understood it meant the policy—I see it now, but I did not then—I can say with truth I did not understand it to refer to the policy—I thought it meant the 200l. I was to receive from Mr. Cook—I was under the impression that he would deduct the 50l. from the insurance money, and hand me the difference—he led me to believe that I had something to do with the Irish property—I thought at the time that he would deduct it from the insurance money—my husband had agreed to the 30l. as a bonus—I never had any agreement—I did not understand I was to give back 30l.—I knew that he had taken out administration for the property that was in England—he told me he had
paid for it—I have not—I don't know whether it amounted to 20l., he never gave me any account of the expenses—I did not know that there was also a succession duty to be paid—he never explained anything of the matter to me—my husband's brother is John Henry Hall.
Q. Have you not learnt that this property in reality will not pay its incumbrances? A. Mr. Cook has, I have not learnt it; but Mr. Cook was in Ireland at the time he made ray husband an advance, and certainly when he was in Dublin, within a few miles, he went to see what the property was worth, no doubt—the annuity that has been mentioned was upon the life of my husband's mother—I don't know her age; I dare say she is past sixty—I don't know whether she is in bad health—I don't hear from her—I received from my brother an account of the value of the property for Mr. Cook, which I took him, and he has it; but, allow me to explain, there are limekilns, and at the time the account was rendered to Mr. Cook they were not at work, which brings in much more—I took the account to Mr. Cook, and left with him; I think it was 200l. when the taxes were deducted—I think that was the annual produce of it; I really can't say—that was a paper I had obtained with a view of explaining the value of the property.
MR. M. WILLIAMS. Q. You handed the paper to Mr. Cook, did you? A.—the annual value of the property was represented as about 200l. a year by my brother-in-law to Mr. Cook—he has shown me some of the letters he received from my brother-in-law, at least he read them to me—he did not show them to me all—I think one or two of them were produced before the Magistrate at Marlborough Street, by Mr. Cook's counsel—the 50l. annuity is paid at the present time to Mr. Cook—I was to pay Mr. Cook 20l. a quarter for interest at 5 per cent.; the principal was to be paid when my husband's mortgage came due—that will be in 1872—I think the property is of the value of 200l. a year, after paying all outgoings—I did not receive back a shilling of my money until I brought the action—it was in March that instructed my solicitor to bring the action—it was tried in July—during that interval I lived by the assistance of my brother at Putney—I was totally dependent, save and except what I could get from my friends—I had not a shilling of my own.
LOUISA SMALLEY . I am the sister of Mrs. Hall—in September last year I went with her to Mr. Cook's office we saw Mr. Cook there—no one else was in the room when we first went in—Mr. Cook asked my sister if she required any money, she said "Yes"—he asked her if 30l. would do—I replied directly, "No; we could not defray the expenses under 50l."—the Clerk Charles Poynter, was then called up, and Mr. Cook told him to read the deed—he read about three leaves, and Mr. Cook said he read it so hurriedly that he would read it himself—he took it out of his hands and read it so hurriedly that we could not understand it—the clerk read it the more intelligibly—after it was read, Mr. Cook said that there was 200l. advance her, exclusive of her insurance money, and that the durance money was hers—he said he would advance her 200l. to enable her to go into business—I did not understand, during the reading of the deed, that it conveyed the policy of insurance to Mr. Cook—we were in such trouble about the demise of my poor brother-in-law and the little child, that we did not know what we were doing scarcely—he said, "I merely mention the policy in the deed, but it is yours—we thought the Irish property would defray the expenses—I did not say so—Mr. Cook said that, of course, the 200l. was to be tacked on to the Irish mortgage.—
my sister signed another document at the same time—I witnessed the deed—I called on Mr. Cook on the 19th November with reference to my sister—she was with me—Mr. Cook gave her a cheque for 10l., and told her she was not worth a shilling; he was very sorry for her—she cried so bitterly Mr. Cook came to the door and let us out, but he said "Now you are not worth a shilling"—I believe my sister signed some paper upon getting the 10l., and she requested a copy of it, which Mr. Cook was very much annoyed at—I heard him say she was not worth a shilling—I did not hear him say that the money was all swallowed up in expenses—I was only there on two Occasions, on the 10th September and 19th November.
Cross-examined by MR. SERJEANT BALLANTINE. Q. I see you also signed that paper containing that account; just tell me this, "To cash, by cheque, 50l.," how was that to be paid back? A. I can't exactly tell—it was never stated that it was to be paid out of the policy—I swear that—it was never stated, and nothing of the kind was ever understood.
MR. M. WILLIAMS. Q. Did you hear anything said about its being Wed noted out of the policy? A. No, I did not.
JOHN SMALLET . I keep the White Lion, at Putney—I am brother of he prosecutrix—in June, 1868, I called on Mr. Cook, with my sister—she merely went to see him—I don't recollect what pissed—in January of this year, I wrote a letter to Mr. Cook, in consequence of a communication my sister made to me with regard to her policy—I directed the letter to "Mr. Cook, Warwick Street"—this is a copy of it—it is in my handwriting—I posted it—(Read: "6, Assembly Road, Clapham Junction. Sir, I was surprised; to hear from my sister, Mrs. Hall that you make a claim upon her Insurance money, and likewise refuse to lend her any more money than the 65l. already received by her. As you must be aware this is all she had to Hoped upon, I therefore hope you will not plunge her and her family into want and misery, by keeping it from her. I must tell you, she is in deep Histress through the disappointment, and I do wish to know if you persist In detaining what I consider she is justly entitled to. Hoping you will favour me with an early reply, I am, Sir, Yours, John Smalley")—I received no reply to that letter, and I wrote a second letter, of which this is a copy—I posted this also (Read: "Mr. Cook. Sir, I shall be very much obliged if you will kindly let me know what claim you have upon my sister's insurance, as I am very desirous of coming to some terms with you, if possible, on her behalf. I have been waiting for a reply to my previous letter, and shall feel obliged by your kind attention to this. Signed John Smalley")—I did not receive any reply to that letter—I went to see In. Cook, about a fortnight after, with my sister—he detained us some time in his office, before we could see him; but eventually we were told to go Into his own office, where he was—I walked in as I might into any gentleman's room, and said I had just come to ask him why he had not replied to my two letters—he said, "For a very simple reason, because there is no reply required"—he did not deny the receipt of the letters—I said, "Will you tell me why you are detaining her insurance money"—he said, "For a very good reason, she owes me money; if not, her husband does"—I said, 'Well, but her husband's debts have nothing to do with hers"—and he immediately replied, that he had kept it for expenses—I said, "Surely, she as only had 65l., the rest can't be swallowed up in expenses"—he said it was so—I said, "What about that deed?"—he said, "Your sister has signed a deed for 200l."—I said, "Well, but what is it for, she has not got it; surely
you don't intend to keep what is really her due from the insurance money"—he said he did, for expenses—I asked him if I could have a copy of the deed—he said, "Certainly, if you choose to pay for it"—I said I would do so—and he said, "Well, you must go to my solicitor"—I asked him who his solicitor was, and he immediately turned the conversation—he would not tell me who his solicitor was—I asked him again, but he made no reply—he then accused me of entering his room abruptly, and of speaking in a very abrupt manner—I said I was in the habit of going into gentlemen's rooms, and had never been accused of it before in my life; that I knew how to enter a room as well as he did—I said to my sister, "Never mind, you had better come away, and he shall hear further about it"—I was present at Hertford, when this action was tried—I saw a man named Poynter there—I was present during the trial—he was not called as a witness at all.
GUILTY .— Twelve Months' Imprisonment.
NEW COURT.—Monday, November 2nd, 1869.
Before Robert Malcolm Kerr, Esq.
MR. WIGHTMAN conducted the Prosecution.
MOSES WOLDER . I keep a cake shop, at 22, Wentworth Street, Spitalfields—on Saturday night, October 30, about 60.30, I served the prisoner with two pennyworth of cake—he gave me a florin—I gave him the change and he left—I put the florin into the till, where there was no other florin, and ten minutes afterwards gave my boy 5s. 10d. to fetch some goods, and the florin was among it—he came back five minutes afterwards and said that the florin was bad—this is it (produced)—I afterwards gave it to a policeman—next day, November 3rd, my wife called me into the shop and gave me another florin—the prisoner was there, and I told him he had also given one yesterday—he did not say a word—my little daughter said that he had given it to her—I gave him in custody with the two florins.
LEWIS WOLDER . I am the son of the last witness—on 30th October ho sent me out with some money, among which was a florin—I went to a neighbour's shop, who tried it with his fingers, and made some cuts on it with a knife, and gave it back to me, and I gave it to my father.
PHOEBE WOLDER . I am the daughter of Moses Wolder—on 3rd November I was in the shop, about 8.30—my mother was in the parlour—the prisoner came in for two halfpenny cakes, and gave me a florin—I tried it with my teeth, made a little mark on it, and called my mother—there was no change in the till, and I took it to a baker, who returned it to me—I took it to my mother and told her it was bad, in the prisoner's presence—she gave it to my father—this is it (produced).
GUILTY .—He wot further charged with having been convicted of a like offence in April, 1868, to which he
PLEADED GUILTY.**— Seven Years' Penal Servitude.
MR. WIGHTMAN conduced the Prosecution.
Buildings, Fleet Street—on 2nd November I saw the prisoner talking "to a little child, Ellen Gertrude Smith, outside the door—he gave her "a piece of coin and a bottle, and she went into the Ben Johnson—I then went in, and gave information to Williams.
Prisoner. Q. Was my face to you? A. Yes—I do not think I had ever seen you before—I swear to your face.
ELIZABETH ANN GROVER . I am barmaid at the Ben Johnson, Fleet Street—on the evening of the 2nd November the little girl Smith came in for a half-quartern of rum, and gave me a florin—I found it was bad, broke it in two, and gave her the pieces—these are them (produced).
ELLEN GERTRUDE SMITH . On 2nd November the prisoner said to me, "Please, my little girl, go to that public-house, and get a half quartern of rum"—he gave me a florin and a bottle—I went into the public-house, asked for the rum, and gave the florin to the last witness, who bit it in half, and gave me the bits, and I gave them to Mr. Williams—when I came out the prisoner was standing at our house, and I pointed him out to Mr. Williams.
Prisoner. Q. When you came to me, did you go to see where the man was? A. No, I went to my door—I am sure you are the man.
JOB WILLIAMS . I am a warehouseman at Westmoreland Buildings—on the night of 2nd November I was at Lambert's coffee-house, opposite the Ben Johnson—the waitress spoke to me, and I went outside the door to look after the little girl—I went into the Ben Johnson, spoke to the girl, and she came out with me, and pointed out the prisoner next door, standing with his face to the Ben Johnson, pretending to read a paper, but there was no light—I said, "What business have you to send this child for rum?"—he said that he did not do it—he was given in custody by one of the lodgers—the little girl gave me a bad florin in the public-house, which I gave to Preston.
Prisoner's Defence. I saw the girl come out of the house. She came up to me, and offered me some rum and a florin. I said that I had not seen them before, and did not want any rum, and refused to take it. The girl ran away, but the witness called her back, and said, "This is the man. "I was given-in charge.
GUILTY .—He was further charged with having been convicted of uttering, in January, 1865, when he was sentenced to Five Years' Penal Servitude, to which he
PLEADED GUILTY.**— Fifteen Years' Penal Servitude.
MESSRS. COLERIDGE and WIGHTMAN conducted the Prosecution.
ANNIE HANNAFORD . My husband keeps the Hand in Hand public-house—on 22nd October, about 11.30, I served the prisoner with a pint of beer—he gave me a bad half-crown—I gave it to my husband, and the pot boy fetched a policeman.
JOHN FREDERICK HANNAPORD . I keep the Hand in Hand, Holborn—my wife gave me this bad half-crown, and I said to the prisoner, "Have you got any more?—he said "Yes," took some money out of his pocket, with some coppers, and gave me a good half-crown—I sent for a policeman—the
prisoner said that he did not mind going to the station, but he was anxious to get on a Royal Blue bus.
JOHN KEY (Policeman E 155). I was called, and took the prisoner—he said that he did not know he had any other money—I found on him two good half crowns, some coppers, a tobacco box, and some stamps—the prosecutor gave met his half-crown.
ELLEN KNIGHT . I am barmaid at the Robin Hood, Holborn—Mr. Arnold is the landlord—the prisoner came there with a woman, in the middle of October, about 10 a.m., for two glasses of porter, and gave me a half-crown—I gave him 2s. 4d. change, and put the half-crown in the till, where there was no other—the landlord spoke to me ten minutes afterwards—I looked at the half-crown, and it was counterfeit—no other half-crown had been put into the till.
Prisoner. Q. How came you to take it? A. I did not observe it much, as it was a very foggy morning—a policeman spoke to me about it, it might be a fortnight afterwards—the policeman did not describe you to me—no bad money has been offered me since you have been here.
Prisoner. Q. Did you give my description to the witnesses? A. No. WILLIAM WEBSTER. These coins are both bad—one is of 1818, and the other 1824.
Prisoner. I want the witnesses called who have spoken against my character.
COURT to J. SUTTERS. Q. Did you say all this which is in your depositions? (As to the prisoner's previous conviction). A. Yes, because there was a very strong likeness in the prisoner. (MR. COLERIDGE slated that the charge of former conviction was withdrawn.
NOT GUILTY .
MESSRS. COLERIDGE and WIGHTMAN conducted the Prosecution.
JANE WALLACE . I am the wife of Rowland Henry Wallace, of Priory Tavern, Bromley—on 1st November I served the prisoner with two-pennyworth of rum—he gave me a bad shilling—I bit it, and he took out a sixpence, and said, "Take it out of this"—I said, "Do you know where you took it from?"—he said, "I suppose somewhere," and left—on the Friday following he came again, with a lad, who asked for a pint of ale, and put down a florin—I recognized the prisoner, and found it was bad—I said, "This is very strange; you came here last Monday morning, and uttered a bad shilling, and now your friend, or mate, gives me a bad 2s. piece. I shall keep this and make you a present of the pint of ale"—they drank the ale and left—I marked the florin, and gave it to the constable.
Prisoner. Q. How do you recognize me as the man who came on the Monday? A. By your voice, features, and scarf—I noticed you because you took up the shilling so suddenly that I should have kept you then if I could.
put it in the till where there was no other half-crown, and gave him the change—I afterwards found it was bad, and gave it to the policeman.
Prisoner. Q. Have I been into your house since? A. Yes, two or three times; but I thought it was no use telling you of it.
JANE MARY CHANDLER . I am barmaid at the Lord Campbell, Bow—on 12th November, the prisoner and another man came in, about 8.30, for a pint of porter—the prisoner gave me a bad florin, which I showed to Mrs. Vincent, who said, "Are you aware that this is a bad 2s. piece?"—the prisoner said, "No, you make a mistake."
HENRY DUCK (Policeman K 435). I took the prisoner, and received this florin from Mrs. Vincent, this half-crown from Rogers, and this florin from Wallace—he said that he did not know it was bad—he gave his name Thomas Skiff.
GUILTY — Eighteen Months' Imprisonment.
MESSRS. COLERIDGE and WIGHTMAN conducted the Prosecution.
MATILDA BENNINGFIELD . I am the wife of George Benningfield, tobacconist, of 60, St. Martin's Le Grand—on Wednesday, 27th October, about 6 p.m., the prisoner came in for a three-halfpenny cigar, and gave me a sixpence—I gave him change, and he turned to go, but my husband tried the sixpence, found it was bad, and went after him—I had put it in a drawer where there were two old sixpences—this was a new one, and the old ones were at the back of the tray—two days afterwards my husband called me into the shop, and I saw the prisoner and identified him.
GEORGE BENNINGFIELD . On 27th October my wife served the prisoner with a cigar, and he left—shortly afterwards I looked in the till and found a bad sixpence in front of the tray—I did not notice whether there were others—I went to look after him—on 29th October, about 3 o'clock, I served the prisoner with a cigar, and he gave me a bad sixpence—I called my wife, and said, "Do you know this man?"—she said, "This is the man who passed the bad sixpence the other day"—I do not remember whether the prisoner said anything—I gave him in charge with the two sixpences.
GEORGE WARD (City Policeman 120). The prisoner was given into my custody on 20th October—I searched him at the station, and found a bad sixpence in his waistcoat pocket, wrapped up in paper, and 4s. 4 1/2 d. in good coin—I received these two sixpences from Mr. Benningfield.
Prisoner's Defence. I did tender a sixpence that evening, but whether that is the one I cannot say.
GUILTY — Two Years' Imprisonment.
MESSRS. COLERIDGE and WIGHTMAN conducted the Prosecution.
EMMA BEALER . I am barmaid at the Notting Barn Tavern, Silchester Road, Netting Hill—on 13th November, about 9.30 p.m., I served the prisoner with three-half pennyworth of rum—he gave me a half-crown—I being it, and told him it was bad—he said he was very sorry, he had just
received it from Mr. Miller, for his work—I kept it, and he went out and came back, and paid me three-half pence—I refused to give him the half-crown back, and he said that I had better break it, that nobody else should get it—I put it on a shelf by itself, and he left—I afterwards received information, and saw the female prisoner in Mr. Attler's shop, receiving a bad half-crown and giving a good one—I knew her before—the male prisoner was about twenty yards off, standing about, and I should say that he could see the shop window—I gave the half-crown to the inspector at the station, and he gave it to the constable.
Jane Douglas. My husband was not in my company, and I did not know he was there.
SAMUEL THOMAS ALLMAY . I keep the Ale Stores beer-shop, Silchester Road—at 10 o'clock at night the male prisoner came in for a half-pint of beer, and gave me a bad half-crown—I bent it, and said, "This is a bad half-crown, have you got any more about you? where did you get it?"—he said, "I was out at work yesterday, and took it for wages"—I put it in my pocket, and he gave me a good sixpence—I gave it to the police—I was alone on both occasions.
JAMES HOWES . I keep the Red Lion, Notting Hill—in November, Jane Douglas and another woman came, and I served them with a quartern of gin—Jane Douglas gave me a half-crown—I gave her 2s. 1d. change, and they left—I then received information, found the half-crown was bad, and gave it to the constable.
Jane Douglas. The other woman called for the drink; I do not know what she put down; I never had a farthing in my pocket. Witness. I am positive you put it down, I have known you so long.
JAMES HATLOW . I am a greengrocer, of 77, Bromley Road, Notting Hill—Jane Douglas came there for a cabbage, which came to 2d.—she took out her purse, and I saw two half-crowns in it, one good and one bad—I could see the difference in them—she paid me with the bad one—I said, "This is a bad one"—she said, "Oh, is it; I am very sorry," and took it from my hand—a policeman came, and she was given in custody.
HENRY DRAVETT (Policeman X 37). On 13th November, about 11.30, I heard a conversation between the female prisoner and the greengrocer, and seized her hand, and took from it this bad half-crown (produced)—I took her in custody, and the male prisoner came across and asked me what I was taking her for—I said, "You are the man who is charged with passing bad money in the neighbourhood, as well"—Miss Bealer came and said, "That is the man that passed bad money at our house, and at the beer-stores as well"—I took the female prisoner to the station, and left the man in charge of the potman—I searched the man, and found this bad shilling, 4s. 3d. in silver, and 3 1/4 d.—I received this half crown from Mr. Howes.
R. Douglas's Defence. I changed a sovereign, and had these three half-crowns in the change; if I had known they were bad I should not have passed them in my own neighbourhood.
Jane Douglas's Defence. I did not know it was bad; it was not me that put down the money.
GUILTY — Two Years' Imprisonment each.
9. JAMES LISLEY (22) , to burglariously breaking and entering the dwelling-house of Ann Butlers, and stealing one watch, her property— He received a good character— Twelve Months' Imprisonment. [Pleaded guilty: See original image.]
11. RICHARD WEST (22) , to breaking and entering the warehouse of James Smart, and stealing thirty yards of flannel, his property, having been before convicted**— Fifteen Years' Penal Servitude. And [Pleaded guilty: See original image.]
12. JOSEPH BENTLEY (42) , to unlawfully publishing a defamatory libel concerning the European Assurance Company— To enter into hit own recognisances to appear and receive judgment when called upon. [Pleaded guilty: See original image.]
OLD COURT.—Tuesday, November 23rd, 1869.
Before Mr. Common Serjeant.
13. WILLIAM HAYES (26) , PLEADED GUILTY to feloniously breaking and entering a building within the curtilage of the dwelling-house of John King, and stealing 100 lbs. of skins, and 8 lbs. of pork, his property— Recommended to Mercy by the Prosecutor—Three Months' Imprisonment.
14. HENRY HUBBARD (24) , to a burglary in the dwelling-house of Jacob Hubbard (his father), and stealing a mattrass, his property, having been before convicted of felony— Seven Years' Penal Servitude. [Pleaded guilty: See original image.]
16. GEORGE MASON (14) , feloniously forging and uttering a cheque for the payment of 50l., with intent to defraud. Recommended to Mercy— Six Months' Imprisonment. [Pleaded guilty: See original image.]
17. JOHN HENRY DURRANT (33) , to embezzling the sums of 500l. and 67l. 4s., the moneys of Henry Christopher Roberts, and others, his masters— Five Years' Penal Servitude. [Pleaded guilty: See original image.]
20. THOMAS JONES (18) , to burglariously breaking and entering the dwelling-house of William Henry Parker, and stealing three skirts, baring been before convicted of felony**— Seven Years' Penal Servitude. [Pleaded guilty: See original image.]
MR. POLAND conducted the Prosecution; and MR. LEIGH the Defence.
WILLIAM MASON (Police Sergeant A R 413). I am stationed at Uxbridge—on Tuesday night, 16th November, about 10.15, I was outside Mr. Wood-bridge's premises—the river runs through a field where I was—about sixty yards from the fowl-house I saw the prisoner walking along the field, in a direction from the premises—he got over some hurdles into the foot-path, near the river—I went and met him—I knew him before—I asked him what he had been in the field for—he said, "I have been in no field"—I said, "It looks very suspicious; what have you got about you?"—he said, "Nothing!"—I said I wanted to see what he had got about him, and I felt the side of his jacket—he then seized me by the throat, and said he would
see me b—before he would tell me—a struggle took place, and we fell down—we got up, and he got hold of me again—I caught hold of him again, with his back to the river, and I pushed him into the river, as I could see that he was trying to push me in; it was not very deep, just enough to cover him all over—I picked him out again, and searched him, and took from his jacket pocket three dead fowls, two cocks and a hen; they were warm, and had evidently just been killed—I took the prisoner to the station—on the way there he said the fowls did not belong to him; they belonged to me—he then said they were swimming down the river, and be went in to pick them out, for fear they should be drowned—I found this key upon him—I have tried it to the lock of Mr. Woodbridge's hen-house, and it fits the lock—I showed the fowls to Harman and Weatherley, and they ideiitified them.
Cross-examined. Q. The prisoner wan wet, was he not? A. He appeared I wet about the bottom of the legs—when I first stopped him he seemed as though he had walked through the river—the fowls were wet, the water I had got into his pocket.
DAVID WEATHERLEY . I am under gardener to Mr. Woodbridge—on Tuesday afternoon, about 5 o'clock, I looked through the beer-house, and the fowls were all safe—in the morning, about 6.45, the two cocks and the hen were shown to me by the sergeant; they were the property of Mr. Woodbridge—I had known them ever since they were hatched—the look of the hen-house door was not damaged at all, but it was partly open.
GUILTY .*— Two Years Imprisonment.
MR. F. H. LEWIS, for the Prosecution, offered no evidence.— NOT GUILTY .
The Court considered there was no case to go to the Jury.
— NOT GUILTY .
MR. MACRAE MOIR conducted the Prosecution; and MR. MONTAGU WILLIAMS
CHARLES ALFRED HARTLEY . I am a saddler, of 20, Portman Street, Marylebone—I have known the prisoner for some time—I have discounted some bills for him—he was introduced to me by Mr. Reece—this 50l. bill was brought to me by the prisoner on 11th April—I had done bills for him before, of his mother's—he said, "This one is signed by my mother," and asked me to get it discounted for him; I did so—I had no suspicions about the bill until I brought an action against the mother in the Marylebone County Court, and she made an affidavit—this (produced) is the writ of summons in that action, and this is the affidavit—I did not recover.
Cross-examined. Q. Do you discount young gentlemen's bills? A. I never did any before this—I think the prisoner first came with his friend, Mr. Reece—I don't know who Mr. Reece is—he is a gentleman—I believe he has run away—he got into my debt for some saddles and things—I believe he is a racing gentleman—I think I had discounted three bills for
the prisoner before—they were drawn by his mother—I hare received one letter from his mother—I don't know that it was about the time this bill was brought to me—the mother came to me herself in the first place—I think that was upon the first bill, the first or second—she told me it was her bill, and she said she wanted to give her son some money—I discounted that bill, and it was regularly paid, and the second bill also—I can't tell you how this began—the prisoner used to call with Mr. Reeoe, that was how it began—I had never discounted bills for Mr. Reeoe—he was a minor then—I had no racing transactions with the prisoner, nor any business transacttions—he had 40l. for the 50l. bill—it was a three months bill.
MARGARET WRIGHT GARFORD . I am a widow, and live at Kent Villas, St. Alban's—the prisoner is my son—this bill of exchange is not my writing—I did not authorise my son, or any one else, to sign it for me—I first knew of its existence just before the writ came—I defended the action brought by Mr. Hartley.
Cross-examined. Q. Your boy, until he went to St. Alban's, was a very good boy, I believe? A. He always has been—he got mixed up with racing men at St. Alban's—he lived with me—we have always been most happily united—I had accepted bills for him previous to this, at his request, to help him in his difficulties—he was extravagant, and I helped him—my property is not large—my solicitor made me promise not to accept any more—I did not give any direct authority to my son to sign this hill—we were living upon such terms that he might have implied an authority on my part—he might possibly think so.
JOSEPH SPOONER (Policeman H R 31). I took the prisoner into custody on 30th October—I told him I took him into custody for the forgery of some bills of exchange—he said nothing at that time, but, at the station, he said he did forge the name, but it was with his mother's consent, he did not think Mr. Bartley would have done what he had done.
The Prisoner's statement before the Magistrate: " All that I wish to say is, that my mother was cognizant of the bills after I had signed them, but it was some time after."
NOT GUILTY .
MR. MACRAR MOIR conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
CHARLES ALFRED BARTLKY . The prisoner brought me this bill, for 50l., dated 8th April—I discounted it—he said it was drawn by his mother, the same as the other bills—when it came due, I brought an action upon it in the Superior Court, and after that the mother denied having signed the bill, and made an affidavit.
Cross-examined. Q. How much did you give for that bill? A. 40l.
MARGARET WRIGHT GARFORD . This bill purports to be drawn and endorsed by me—it is not my signature—I did not authorize my son to sign it for me, nor any one, or to put my name at the back—I first saw it when I was sued.
NOT GUILTY .
MR. BESLEY conducted the Prosecution; and MR. MONTAGU WILLIAMS
January, 18(58, the prisoner came to our place—he said that he was in a very good position, and also when he was of age he should come into a good deal of money—between that time and February 24th, 1869, I trusted him with cigars amounting to 28l. 19s. 8d.—on 20th June, 1869, I received this letter from him—(Read: "Sir, being desirous of settling your little account, which I think has been standing long enough, I beg to offer you a bill of 50l., signed by my mother, which I am about to get cashed, at one month; if you like to do it, take your balance, and hand me the difference, you can do so; I am of age in July, &c. 20l. or 25l. will keep me going for a month ")—I answered that letter, and he came to me on 25th June, and brought the bill with him—at that time the drawer's name, "Margaret Wright Harford," was on it, and it was also endorsed by her—I asked him if it was his mother's drawing, and also the endorsement, to which he replied it was—I then gave him this cheque for 21l. 0s. 4d.,—it has come back through my banker's—I paid the bill into my banker's, and on 28th July it was dishonoured—my solicitors then wrote to him and to his mother—I did not see him afterwards—I did not get a fraction for the bill.
Cross-examined. Q. Have you taken any action on the bill? A. I went to the County Court—I gave instructions to my solicitor to sue—whether any action has been taken upon it or not I don't know, I leave these things to my solicitor.
MARGARET WRIGHT GARFORD . I have another son besides the prisoner, between 14 and 15 years of age—in 1868 I had a conversation with the prisoner in reference to bills that I had paid for him—I think they were bills to the amount of 150l. that Mr. Bartley was paid; but I am not quite sure—I don't know whether they were the only bills I had paid for my son—I don't think there were any others—I can't remember—I only recollect Mr. Bartley as mixed up with bills—this has been such a painful matter to me that I scarcely know what to say—I have seen my solicitor many times upon the matter—I promised him that I would not sign any further bills—I can't say when that was—it was since Christmas, I think—I don't remember telling my son of that particularly—I saw him from day to day—I never break my word—since I made that promise I have never signed a bill—the signature to this bill is not mine, or by my authority, nor is the endorsement—I knew nothing of its existence before I was sued.
Prisoner. Mamma, you are mistaken; you recollect a letter from Mr. Coltman? Witness. Yes, in which he offered to cash the bill.
MR. BESLET. Q. What is the rental of the house where you live? A.—I don't think that has anything to do with it—it is sixteen guineas a year—I do not carry on any business—I decline to answer whether I have any means of paying this 50l.
Cross-examined. Q. Was your son entitled to property when he came of age? A. A reversion—I had drawn bills for him previously to 1868, and paid them.
MR. BEBLET. Q. What was the reversion, in money or lands? A. Money—I decline to answer how much.
Cross-examined. Q. Was this what was said, "Is this your mother's drawing?" A. Mr. Coltman asked if it was his mother's signature or drawing, I can't say which it was.
NOT GUILTY .
MR. ROBTON conducted the Protection.
GEORGE GRAY . I am a labourer, and live at 26, Peel Street, Kensington—on Sunday night, 31st October, about 11.30, I was at the Prince of Wales, having a glass of ale—the prisoners were there—I got talking to Davey, and gave her a glass of ale—we all came out together—I stood talking to Davey in Prince of Wales' Terrace, and the two male prisoners came up—one of them, I think Beamish, knocked me in the eye, and knocked me backwards, and Lee fell on the top of me, kicking me—then the three of them came on top of me, and picked my pocket of my watch, a silver chain, a spade guinea, a fourpenny piece, two keys, and a seal, and 16s. besides, which I had in my left-hand pocket—they then went away, leaving me senseless—I remained so for about half-an-hour, as I thought—I then got up, and went straight to the police-station, and gave information—I gave the constable a description of the prisoners—I am quite sure they are the persons—I have known them for the last seven or eight years.
Lee. Q. How came you to know me? A. Your mother lives in the same street; she worked along with my wife.
Reamish. Q. When did you first know me? A. I have always seen you about Netting Hill and Kensington—I saw you and Lee as we wore taking Davey to the station, and pointed you out to the constable—you went into the Prince of Wales, and after we got Davey to the station we went back and took you.
Davey. Q. Were you not very much the worse for drink? A. No—I treated you to three pennyworth of rum—I have seen you many a time before with Beamish.
JAMES DALEY (Policeman). The prosecutor came to me at the station on the Monday morning, about 10.30, complained of having been robbed, and gave me a description of the persons—in consequence of that description I apprehended the prisoners—I took Davey first—I told her she was charged with robbing the prosecutor of his watch and 16s., a seal, a fourpenny bit, and a watch guard—she said, "I laugh at that as I do at other things"—I took the two male prisoners a few minutes afterwards in the Prince of Wales public-house, Church Street, Kensington—the prosecutor had pointed them out to me—I told them the charge—they said one to the other, "This is something good "—in taking them to the station Beamish kicked me very severely on the legs—I have seen the three constantly together.
STEPHEN BUTLER (Policeman T 63). About 11.30 on this Sunday night I saw Davey in Victoria Road, Kensington, running in a direction from where the prosecutor was robbed—Beamish and another one were with her—I am not able to say who the other was—I did not see his face—they were about 50 yards from Prince of Wales' Terrace—about 20 minutes to half an hour after they passed me, I saw the prosecutor—he was bleeding very much from his eye and the back of his head—he made a complaint to me and gave me a description of some persons—I have seen the procures together before.
WILLIAM LANGSTON (Policeman T 161). On this Sunday night, about 12 o'clock, I saw the three prisoners together, turning the corner of Cannon Place, loading into Gloucester Road—that is about live minutes' walk from
Victoria Road—I can swear to Lee and Davey, but idiot to the other—I know Davey—I have frequently seen her in High Street, Kensington.
WALTER LOVE I live at 7, Prince of Wales' Terrace—on this Sunday I was shutting up—I saw the prosecutor and two men and a woman—one of the men struck the prosecutor on the head, knocked him down and kicked him—they then went away altogether, towards the Victoria Road—I spoke to the prosecutor—he was bleeding, and he said he was hurt very much indeed—he then went away—I can't swear to either of the prisoners.
Davey's Defence. On Sunday night four weeks the prosecutor asked me to have some beer with him, and he paid for three or four pots of six ale. I did not see him again till I went into the very public-house, and if I I had committed such a robbery would I have gone in there again? I did not see the two young men on the Sunday night or the Saturday night.
Beamish's Defence. I met this chap (Lee) and had some beer with him and went home. I never came out or saw anything of the prosecutor that night I was not in the young woman's company at all, and had not spoken to her for a fortnight before.
Lee' Defence. I never saw the prosecutor before in my life.
GUILTY —ANN DAVEY father PLEADED GUILTY to having been before convicted on the December, 1863.**— Seven Years' Penal Servitude —BEAMISH and LEE— Eighteen Month' Imprisonment each, and Twenty-five Lathe with the Cat.
MR. GRIFFITHS conducted the Prosecution.
THOMAS ADINGTON DARRINGTON . I am a meat salesman, hi the New Metropolitan Meat Market—on 29th October I sold the carcasses of four pigs to Mr. Birdseye—they were weighed and hung up in the shop—I afterwards saw a carcass of a dead pig at Smithfield police-station—it was one of those I had sold to Mr. Birdseye.
HENRY SMITH . I am salesman to Mr. Darrington—about 8.30 on the 29th October, I weighed four pig for Mr. Birdseye, and hung them up in the shop, ready for him to come for them—a man came into the shop and asked for four pigs for Mr. Birdseye—I said, "There are two of them"—he only took two away—I don't know who the man was—it was neither of the prisoners.
JOHN DOWDELL (Police Detective-Sergeant E). On 29th October, about 9 o'clock, I went with two detectives to 1, Argyle Row, King's Cross—the two Jacksons lived there, hi a back room on the first floor—I went into the room and saw Elizabeth Jackson there—there was a dead pig lying on a chair—I asked her how she accounted for it being there—she said two men had brought it there that morning—I asked her who the two men were—she said she did not know, at first, and then she said, "It was a man who lives here"—I waited there for half an hour, and then the prisoner Charles Jackson came there—I asked him how he accounted for the pig being there—he said he had it there to mind for his master—I asked him who his master was, and he refused to tell me—Sage was brought in by Carter—as he came in Jackson said, "That is my master"—Sage said, "No, I am not; I don't know you."
talking—I went up stairs with Sergeant Dowdell, and waited on the stairs—about half an hour afterwards Jackson came up and went into the room—about three-quarters of an hour after that Sage came up, with a woman—he listened at the door—I said, "What are you about here?"—he said, "I have come to see a friend"—I said, "You have been here this morning, before"—he said, "No, I have not"—I said, "Yes, you have; you have been here with another man, and brought in a dead pig"—he said, "I have not"—I knocked at the door, and some one opened it—as soon as we entered, Jackson said, "That is my master, that I had to bring the pig for"—I took Sage to the station—on the way there he said, "I met a man coming from the market this morning, and he gave me a pig to carry, and I was to have a shilling for my trouble"—I told him I knew the man well—I said, "I have known you both for years together, as being associates."
Charles Jackson. Q. Do you say you knew me for years? A. Yes, I knew you in the neighbourhood—I never knew you in trouble or in prison before; but I have known you as selling legs of pork for 3d. a pound, and legs of mutton for 2 1/2 d. a pound.
Sage. Q. How long have you known me? A. For years—you had been living in the neighbourhood of the Hackney Road.
WILLIAM CHAMBERLAIN (Police Detective E). I was in company with the other officers—I took the two women into custody—one of them was discharged—Jackson was the other—on the way Jackson said, "We are b——well in for it now, Jessy; but I am sorry for you."
STEPHEN BIRDSEYE . I am a butcher, at 78, Lower Marsh, Lambeth—on 29th October last I bought four pigs from Mr. Darrington—I received three of them—I received the other after it had been stolen—it was given to me by the policeman—that was the one that was found in the room—the value of the pig was 2l. 10s. 7d.—I know nothing of the prisoners—I did not instruct them to fetch the pig away—my own man fetched the two pigs, which were left in the shop—I sent for four, but he only got two.
Charles Jackson's Defence. I had the pig given me to sell on commission. Elizabeth Jackson knew nothing of how I got the pig. I did not say anything to her about it; she is quite innocent. Of course I plead guilty, as I was in possession of the pig. Sage's Defence. I know nothing whatever of it.
CHARLES JACKSON and SAGE— GUILTY — Fifteen Months' Imprisonment each.
ELIZABETH JACKSON— NOT GUILTY .
NEW COURT—Tuesday, November 23rd, 1869.
Before Robert Malcolm Kerr, Esq.
WALTER SMITH PLEADED GUILTY .
MR. F. H. LEWIS conducted the Protection.
CLARA EMILY WRIGHT . I live at 20, Upper Westbourne Terrace—in October, 1867, I sent a box of plate, containing a soup tureen and a number of spoons and forks, value 350l.—part of it was presentation silver to my grandfather—the tureen was part of the testimonial—the plate corresponded with this side dish (produced)—it had a similar inscription and a crest—the tureen was quite round, and had a high cover—it was on a pedestal—I
packed the plate myself and counted it—I received the case back last September, and found the silver all missing, except these two side dishes, two spoons, and some silver knives—the tureen was not battered at all when I sent it to Price & Boustead's.
PATRICK WASHBORNE . I am cashier to Price & Boustead, of 34, Craven Street, Strand—I recollect a box of plate being sent from Miss Wright—it was kept in the butler's pantry, outside the strong room—Walter Smith was Mr. Boustead's footman—Mr. Boustead came to town this year and stopped till the beginning of April—he ordinarily resides in the north—Walter Smith went to the north with him in April, and I have not seen him since.
WALTER SMITH (the prisoner). I was in Mr. Boustead's service, in Craven I Street—this box of plate was kept in my pantry—my brother came to visit me, from time to time, and I used to see him in the pantry—I have pleaded guilty to taking this soup tureen—my brother was not in the house at the time I took it—he had not spoken to me about taking it, and he did not know it was there—I do not know who took it—it was not in the chest when I took the plate.
COURT. Q. You have pleaded guilty to stealing the tureen? A. Not the tureen.
MR. LEWIS. Q. What plate did you take? A. Some small plate and three cups—my brother had nothing to do with stealing them, only with disposing of them—I put them in my bag, in March, and gave them, I suppose, to my brother—it was night, and I cannot positively swear, but I suppose it was him—I did not break the case open, it was broken open I when I went to it—this letter (produced), from the House of Detention, is my writing—I do not know where the plate was disposed of—I got nothing I for it—I took it because I knew my brother was in bad circumstances—I still persist that I did not give him the tureen.
G. S. Smith. Q. Do you say I assisted you in disposing of this plate? A. I suppose you disposed of it—I gave it to you in a black bag, between 7 and 8 o'clock at night, in Craven Court—I do not positively swear that it was to you—this is the bag (produced).
COURT. Q. Did you go out into Craven Court, and give it to any one you met? A. I went to meet my brother in Craven Court—I had arranged to do so.
JURY. Q. Is Craven Court so dark that you cannot distinguish between one person and another? A. It is dark.
SAMPSON SALOME . I am a silversmith, of 278, Westminster Bridge Road—about the end of February a tureen, with a round foot and two bandies, was brought to me by George Smith—the Hall mark was George III.'s reign, with the date letter 1808 or 1809, and armorial bearings the same as are on this dish, and the same letter M—it was very much battered, and I asked him where he got it—he said, "From a young man, who got it from his uncle"—I refused to buy it, and told him to return it to where he got it—I afterwards gave it to the police.
G. S. Smith. Q. Was there any cover to it? A. No—you did not point to the arms, and say, "Not the Elephant and Castle, but the Lion and Castle"—you said that if I purchased the tureen I could likewise purchase a large number of spoons and forks which the same party had.
him there from time to time, and stopped some considerable time—in February or March last George Smith came with a black bag resembling this, between 11 and 12 o'clock—he said that he had brought a bag for his brother Walter—I saw him with the bag at another time, and he said that he had brought the bag he had borrowed from his brother—he went down stairs with the bag.
JOHN FOLEY (Detective Officer). I went down to Mr. Boustead's Hall, in the North, and had a conversation with Walter Smith—afterwards, on Sunday, 31st October, I took George Smith, at St. George's Road, Peckham, and asked him if his name was Smith, formerly of Foster's—he said, "Yes"—I said, "I am a detective officer; about seven or eight months ago you offered a silver tureen for sale to a person in Westminster Bridge Road"—he said, "Did I; oh, yes, I did offer something of the kind to Mr. Salome, of Westminster Bridge Road, but it was in a battered condition, and he would not buy it, and advised me to have nothing to do with it. I returned it to the gentleman I got it from, and advised him to have nothing to do with it"—I asked him who the gentleman was—he considered first, and said that he forgot—he afterwards said that it was Mr. Norbrey, of Union Street, Plymouth—I asked him how it came—he said, by rail; in a wooden box, by itself—that it came a few days before he offered it to Mr. Salome, and he returned it again to Mr. Norbrey, who he did not think I should find, as he thought he had gone to Westmoreland—I made inquiries in Plymouth, but could not find any person of the name—I said, "Well, I believe that tureen was stolen from Mr. Boustead, of Craven Street; your brother Walter is in custody for stealing it, and he has confessed that you and he stole it"—he said, "Indeed; that remains to be seen"—I took him in custody, took him to his house, 39, St. George's Road, Peckham, and searched, and found a number of duplicates, bills, and letters, but nothing relating to the property—I took Walter Smith in Cumberland, and found the black bag in his possession.
G. S. Smith's Statement before the Magistrate:—"I strongly deny the charge; I made a mistake when I said I received it in a box by rail; I find I received it from the gentleman himself, near the Scotch Stores, Regent Circus.
G. S. SMITH— GUILTY of receiving— Fourteen Years' Penal Servitude.
WALTER SMITH— Five Years' Penal Servitude.
MATLOCK PLEADED GUILTY . Strongly recommended to mercy by the prosecutor.—Twelve Months' Imprisonment.
MR. STRAIGHT, for the Prosecution, offered no evidence against
SKELTON— NOT GUILTY .
MR. GRIFFITHS conducted the Prosecution; and MR. HARRIS the Defence.
CHARLES ALFRED YOUNG . I am a value and appraiser, of 52, Great Leonard Street, Finsbury—on 2nd September, between 8 and 9 o'clock, I was at the corner of London Wall, crossing the road, the prisoner accosted me and walked by my side—I went into a public-house to avoid her, and remained there two or three minutes—she followed me in and out, and
after I had gone a little distance she took hold of me and pressed me, and wanted me to go with her—she swung me round, and two men came and pressed against me, and immediately afterwards I missed two 5l. notes, with ten sovereigns wrapped up in them, and the change of one sovereign, which I had paid a cabman with—the money was safe twenty minutes before—the prisoner walked away directly the men pressed against me—I swear positively to her—I picked her out from others in Newgate yard.
Cross-examined. Q. Had you that coat on? A. No, a loose coat, with a low close pocket—the sovereigns were wrapped in the notes, and formed a little packet—I was not in company with anybody else after that.
ROBERT OUTRAN (City Policeman 75). On the night of October 18th I was in Fenchurch Street, and saw the prisoner with a man, accosting several gentlemen—that continued till 11 o'clock, when I apprehended them for loitering with intent to commit felony.
Cross-examined. Q. What did he say to you when he came out? A. "There is a woman in the yard that I identify as one of the women."
NOT GUILTY .
MR. GRIFFITHS conducted the Protection.
WILLIAM SHEWS . I am a printer and stationer, of East Avenue—on 15th October, about 9 o'clock p.m, I was in Wilson Street, Finsbury—I went up a court, and the prisoner followed me and began hustling me about—I said, "Let me go," and a big fellow came up and took my watch—I said, "I am robbed, you thieves," and followed, crying, "Stop thief!" but no one helped me—I missed my watch and chain while the woman was hustling me—it was worth between 8l. and 10l.
Cross-examined. Q. What were you up that court for? A. For a natural purpose, and also to catch my train on the North London Railway—the woman was not with me half a minute—it was done momentarily—I wear glasses, but I can see very well through them—I missed my watch and chain the very instant that the woman caught hold of me.
COURT. Q. You were going to the train, had you a bag in your hand? A. Yes, rather a heavy one, and a coat on my arm—I think my other coat was unbuttoned, and the chain was rather showy, hanging outside.
JURY. Q. How was the chain attached? A. With rather a small bar, and I generally had it unbuttoned, and by a small pull it would come out—it was a thin French watch, not thicker than a half-crown—there was a gas-light facing her in the court, and I saw her features.
ROBERT OUTRAM . I took the prisoner on 18th October—she was asked at the station where she lived—she said, "I sleep at a coffee-house when I get money enough"—Mr. Shews identified her at the cells at Guildhall, where she was placed with four other women, and directly she came out of the cell he laid, "That is the woman."
GUILTY .*†— Five Years' Penal Servitude.
33. WILLIAM STATFIELD (36) , PLEADED GUILTY to stealing an order for payment of 20l., of George Warren, his master; also to feloniously forging and uttering an endorsement to the said order.— Twelve Months' Imprisonment.
MR. LEIGH conducted the Prosecution.
ANDREW RUTTER . I am a seaman, living at Green's Sailors' Home, Poplar—on Saturday night, 14th November, about 12 o'clock, I had been drinking a little—I had a parcel, which I took home, and came out again—the prisoner and another man stood at the door till I came out—I asked them where I could get something to drink—they said they would show me, and went with me to a house—I treated them, and after we came out we were joined by two or three other men—I wanted to part company with them, but they would not leave me—they wanted me to go up a street, and I did not want to go—they pushed me, and said, "Come this way"—I said, "No"—one man kicked me on my legs, and the prisoner put his hand in my pocket—I shifted a 6l. note into my watch-pocket, and I had some silver as well—I said "Keep your hand out of my pocket," and sung out for the police, and told a policeman I was robbed of 5l.—the prisoner came up, and I recognized him, and gave him in custody—I am able to say that he is the man who had his hand in my pocket—I had been in the public-house with him ten minutes, and we had two glasses of rum each—I swear positively he is the man, but the other three men I know nothing about.
Prisoner. I did not put my hand in his pocket at all. Witness. Yes you did—I had a fight in the Sailors' Home, about a watch and chain—I gave it to a man to keep, and then wanted it back, and he would not give it to me—I had both the watch and chain, and a sovereign, in silver—I had a glass of stout and some beer—I do not know how much.
GEORGE MOORE (Policeman K 207). On Sunday morning, about 1 o'clock, the prosecutor complained to me, and mentioned a 5l. note—a man came up, and he said "That is one of them," and when the prisoner came up, he said "That is the man who had his hand in my pocket and took a 5l. note from me"—he swore a dozen times that the prisoner was the man.
Prisoner. I said that I was willing to go with you. Witness. Yes—the prosecutor had been drinking, and was very much excited.
The prisoner called
JAMES HEATHER . I am a seaman—on Saturday, at the closing of the houses, I came out, and this gentleman gave the sailor a chain to mind—he wanted it back, and the sailor would not give it to him—he drew out the chain and a pair of kid gloves, and then they went up the court, and I went to the gate, and when he came out he asked me where he would get some drink, and we went and had two glasses of rum each—when we were going home he would not go down the street but went a little higher up—three more chaps came up and wanted to shove him down one of the streets—the prisoner was not one of those three—he was by my side—I saw the gentleman talking to a policeman, and said "Why do not you go into the Home?"—the gentleman said "This is one," and he was locked up, and I was taken, too, but was freed—I have a card in my pocket of where he changed the other 5l. note—one he changed with the Superintendent of the Home, and the other at Mr. Ruff's.
Cross-examined. Q. Did he give you in charge? A. Yes—first he said I was one of the men who robbed him, and then he let me go—he said "That is the man who had his hand in my pocket".
NOT GUILTY .
OLD COURT.—Wednesday, November 24th, 1869.
Before Mr. Justice Byles.
MESSRS. COOPER and MONTAGU WILLIAMS conducted the Prosecution; and DR. KENEALEY, Q.C., with MR. WARNER SLEIGH the Defence.
EDWARD SAWYER . I am a clerk in the Civil Service, and live at May's Cottage, Bounds Green, Tottenham—on Monday, 4th October, I was on the platform of the Holloway railway station at 5.5—after I had been there about five minutes, I saw two persons there—I did not know who they were at that time—I afterwards ascertained they were Boyd and the deceased woman, Maria Death—I also saw two musicians on the platform at that time—I saw Boyd speak to them, and one of them played a tune, and the other sang, on the platform—shortly after that the 5.10 down train arrived from King's Cross—I saw Boyd and the two musicians get into that train—I did not take sufficient notice to say whether Maria Death got into that train or not—I got into the same train—I saw nothing of either Boyd, Death, or the musicians, until the train arrived at Wood Green—I got out there, and proceeded from the station, over the bridge, on my way home—after I had crossed the bridge, on looking forward, I saw Boyd recovering himself, getting up from the ground—I had not reached where he was at that time, and I noticed a severe wound on his cheek, it was bleeding—directly afterwards the woman Death ran past me towards the station, and the prisoner in pursuit—she was some few yards in front of him—she was running, and he was running in pursuit—he caught her, and caught hold of her by the waist—I looked round, and waited a minute till they passed me—he was still holding her by the waist—I did not interfere at all—I heard the woman say to him, "Fred., you know what you have said to me," or "told me; I am afraid of my life"—at the time she said this to him he I was taking her home, using no more violence than was necessary to take her home—he had got her right hand under his left arm, and was partly dragging her home—I walked behind—a little further on there is a corner; they turned that corner—after I had turned the corner I saw Boyd and the two musicians—the musicians were wiping the blood off Boyd's cheek—the prisoner and deceased passed them—a little further on there is a stile—the prisoner had to lift the deceased over the stile, she would not get over herself—when I was near the stile I saw Mr. Whitton, and he and I walked on together—at that time the prisoner and Death were in front of us, and Boyd and the musicians behind—there were two more stiles, and the prisoner lifted the woman over both—a little further on is a road called Bounds Green Road; when they got into this road the prisoner and Death increased their pace, and by the time we reached Truro Road they were just about turning into the gateway of Nella Cottage—we still followed them—we were on our way home—we stood at the corner of Truro Road for a minute—we then walked nearly to Nella Cottage, Mr. Walter Gray accompanying us—he had joined us at the corner of Truro Road—I did not at that time know that there was another residence behind Nella Cottage—while we were fronting Nella Cottage I heard the report of a gun; I did not hear anything before that—after the report I heard something which appeared like blows—before the report I heard a scream, one or two screams—I looked in the direction of the
report, and saw the smoke, and I saw the form of a woman fall; there were some shrubs, I could not see plainly—I called out, "The woman is shot!"—I saw the gleam of some instrument raised and put down with violence; that was at the bottom of the garden of Nella Cottage, the same place where I saw the form of the woman fall; and I heard blows—after that I saw the prisoner coming from the spot where I saw the instrument raised—he had a gun-barrel in his hand like this (produced)—he came within three or four yards of me into the Truro Road, and said, "Yes, I have shot her; there is no mistake"—that was all I heard him say—he then walked into the Bounds Green Road—I followed—he still had the gunbarrel in his hand—there were a lot of navvies standing in the Truro Road—I made some communication to them, I don't know whether the prisoner could hear it—he went on till he came to Elder Cottage, which was occupied by Boyd—I should say that is about sixty yards from Nella Cottage (looking at a plan)—I believe this is correct—from the time they started from the station till the prisoner stopped opposite Elder Cottage, it was not more than from fifteen to twenty minutes.
HENRY GIRLING BRAY . I am a surveyor, and live at Wood Green—I prepared this plan, it is to the scale of 16 ft. to the inch—I have measured the distances of the different places—from the Wood Green Station to Nella Cottage is 900 yards, the route described by the witness—the distance from Nella Cottage to Elder Cottage by the road is 180 yards—Hinaon's cottage is at the bottom of the garden of Nella Cottage—Nella Cottage is the cottage of the landlady, behind which Hinson lived—Elder Cottage was Boyd's cottage—looking in the direction coming from the railway, Hinson's cottage would be behind Nella Cottage, rather standing to the left.
EDWARD SAWYER (continued). When I saw the form of the woman falling I was standing in the Truro Road, and Nella Cottage was on my right—I saw Hinson turn into the gateway of Elder Cottage, and he was lost today view—I then retraced my stops towards Nella Cottage, and, not seeing anything of him, I turned again down the Bounds Green Road—I then saw him retracing his stops towards Nella Cottage, and he turned into the gateway of Nella Cottage—I then saw two policemen in the Bounds Green Road, coming towards me—in consequence of what I said to them, they drew their staves from their pockets and turned into the gateway of Nella Cottage, which is occupied by Mrs. Allen, the prisoner's landlady—the constables went in first and I stood in front of the gateway—I went down the garden and saw the prisoner throwing a policeman—he had got the policeman on the ground—I went and seized the prisoner by the throat and he released the policeman—I left him in charge of the police, and went round to Boyd's Cottage—I went to the bottom of the back garden, and there saw Boyd lying on the threshold of the stable door, on his back—his head and face was battered about very much—I saw a woman there, named Margaret Robinson, I believe—I took her into the kitchen of Boyd's cottage and left her there—I then came out, passed Boyd, and got over the fence into the garden of Nella Cottage—I there saw Maria Death, outside the summer house that Hinson lived in, at the bottom of the garden of Nella Cottage, on the same spot where I had seen the form of the woman fall—she was lying close to the window, perhaps a yard from it.
Cross-examined by DR. KENEALEY. Q. Did you notice what time it was when you arrived at the railway station? A. No—I did not take any particular notice of the time at all during the transaction—I know about how
long it takes from the station, because I go over that ground every day—it is by that I calculate the time I have given—when I saw the woman running back, outside the railway station, she was not running back to the place where Boyd was; Boyd was in front at the time—he was getting up from the ground—I did not interfere—if the prisoner had knocked her about I should very likely have interfered—I have said there was no more violence used than was necessary to take her home—I could not say whether the was sober, I did not notice—I noticed that she was very much excited—I did not state that before—I was not asked—what the cause of the excitement was I cannot tell—I can't say whether it was for the purpose of assisting her that he helped her over the stiles—I should think not—she did not want to go—I did not interfere, because I did not feel justified in doing so—I did not even remonstrate—I considered the woman was his wife—I did not know her—I considered she was his wife because I had seen her on the platform at Holloway, and Boyd also; and noticing that Boyd was knocked down, that was the inference I drew—I did not interfere because I thought she was the prisoner's wife—I saw no more done than I have stated, that would have justified my interference—I noticed the prisoner—I did not take particular notice of the musicians—I should think they were sober—I believe they were sober—Boyd was drunk—the prisoner appeared to be a little excited—I noticed him when he was coming towards Truro Road after the shot had been fired—he did not appear in a state of great excitement—he appeared as cool as I am now—I took particular notice of that—I did not notice the front door of Boyd's bouse when I went there—I went down the gateway at the side—I did not go through the house—I saw the door afterwards—it was not torn down, merely the catch of the lock forced—it was forced open—the catch that supports the lock was forced off—the fence I got over is a low fence—it separates the garden of Nella Cottage from Boyd's garden—it is about 3 or 4 ft. high.
HENRY WHITTON . I am a clerk in the War Office, and live at Maidstone Road, Colney Hatch—I joined Mr. Sawyer on the evening of this occurrence, as he was walking home from the Wood Green station—I had seen the prisoner a few minutes before—he was running after the woman—he was going towards the station at the time I first saw him—the woman was running from him—I saw her at the moment he bad caught her—I scarcely saw any running—he held her by the waist and told her to come with him—she said, "No, Fred., I would rather not; do let me go"—he then turned her round, and they went in the opposite direction, and walked across the fields—he held her hand very tight under his arm—you could scarcely call it dragging her along, but he caused her to go with him, evidently against her will—there were three stiles on the road—he lifted her over the first two; and the third, my impression is, she got over by herself—the last stile is perhaps 200 or 300 yards from Nella Cottage—I was following on after them—I saw them turn down the Truro Road and turn into the gate of Nella Cottage—I remained in the road, supposing they had gone into Nella Cottage—I then heard the report of a gun—I can't say exactly how soon that was after I had seen them turn into the gateway of Nella Cottage, but I should think certainly within two minutes—I also heard the sound of a blow and saw a figure fall, apparently the figure of a woman—before she fell I saw a stick, as I thought it at that time, raised above the figure, in motion, but I could not distinguish the person who held it—I
then saw the prisoner come out of the gate by the side of Nella Cottage, with a weapon in his hand resembling a bar of iron—I have since found it was a gun barrel—some one in the road, standing not far from me, said, "The woman is shot"—the prisoner, apparently in answer to that, said, "Yes, I have shot her; there is no mistake about that, and I will now kill," or, "do for the other"—I then saw him go round the corner, and saw him enter the gate of Boyd's cottage—I spoke to some men in the road, and told one of them to run as fast as he could to the station and bring some policemen, which he did—I saw the prisoner again in a very short time, indeed, it might have been a minute—he was then passing between the gateway of Boyd's cottage and the end of Truro Road, perhaps ten or fifteen yards from Boyd's cottage—I followed him, and saw him again enter the gate of Nella Cottage—I next saw two policemen running round the corner of Truro Road, and I called to them, or one of them, and pointed to the gate where Hinson had gone in, and they went in there—I afterwards saw a sort of struggle—it was very confused, and nearly dark, but I saw a figure on the ground, and a figure bending over him, apparently—I afterwards saw the body of the woman—when I first saw it closely it had been mored into the little iron house, Hinson's cottage—I had seen it previously among the bushes in the garden of Nella Cottage, within two or three yards of Hinson's cottage—from the time I first saw Hinson take hold of the woman to the time I saw him struggling with the policeman in the garden, I should think about twenty or twenty-five minutes elapsed.
Cross-examined by DR. KENBALEY. Q. After the shot was fired, and you saw the prisoner on the road, may I ask you why you did not attempt to stop him? A. Because I considered it would have sacrificed my own life immediately, without any good whatever—I formed that opinion from the manner of the man—he appeared to me to be in such a state that he could not have controlled himself if any one had interfered with him—there were about half-a-dozen navvies there—I have not a very clear recollection of that—I did not notice—there was a little group—they were standing at the corner of Truro Road—I am not sure whether they had the tame opportunity of seeing the prisoner that I and Mr. Sawyer had—some of them came up afterwards, I think—I did not hear any appeal made to them—I was not close to Mr. Sawyer at that moment—I was still standing opposite Nella Cottage, and he had gone to the end of the road—I did not see him converse with those men at all.
MR. COWPER. Q. You say the prisoner was carrying an iron? A. Yes, I think it was in his right hand.
WALTER GRAY . I am a railway clerk, and live in Clarence Road, Wood Green—I was a passenger by the 5.10 train from London, on 4th October—I got out at the Wood Green station—on my way home I overtook the two last witnesses, Mr. Sawyer and Mr. Whitton, at the comer of Truro Road—Mr. Sawyer spoke to me, and from what he said I remained with them—I went with them in front of Nella Cottage—whilst standing there I heard the report of a gun—I saw a flash, and saw the form of the woman fall—after the report I heard a violent beating—I afterwards saw the prisoner come from the garden of Nella Cottage into the Truro Road—I heard him say "She is dead enough; I shot her, there is no mistake," or words to that effect—I don't remember anything else that he said—he muttered something—he then went into the garden of Elder Cottage—he tried the front door, and finding it locked, he put his foot to it, and smashed it open with his
foot—he came out again in about a minute, by the gate at the side of the house, and I heard him say, "He is dead," or, "He is settled"—I think it was, "He is dead enough; this is what happens when a man goes with another man's wife; where is a policeman?"—I afterwards helped to take him into custody.
Cross-examined by DR. KENEALEY. Q. You noticed a vacant look about him, did you not? A. He looked round in rather a vacant manner when he came out of Elder Cottage, and asked for a policeman.
Q. You are a very strong man, may I ask why you did not interfere when you saw this man walking along the road with a gun barrel, after shooting the woman? A. I did not think it would be safe to do so—he seemed to be very determined—I certainly was under the impression that if I had interfered, he could not have mastered himself—when he called for a policeman, he looked round in a vacant manner—he did not address himself to any one in particular.
ISABELLA HEPPEL . At the time of this occurrence I was housekeeper to Boyd, and had been so for six months—he lived at Elder Cottage—on Monday, 4th October, he left his house about 4 o'clock to go to London—he returned at 5.45, in company with two musicians—he came through the house, and went down the garden to the stable—the two musicians followed him—I was in the back passage when the prisoner came in the front passage—he knocked the front door open, broke it open, and came through the passage—he said to me, "Where is he?"—I said, "Who do you mean?"—he said, "Your governor"—I said, "He is down the garden"—he went down the garden, I followed him—he went into the stable, and flung the master out on his back—he put his foot on his breast, and struck him four or five times across the forehead with the gun-barrel which he had in his hand, and killed him—I did not hear my master speak at all—the prisoner then came up the garden again—I came up alongside of him, and said, "What is all this about?"—he said, "Well, that is the fruits of taking another man's wife away"—the two musicians, when they saw the prisoner coming down the garden, jumped over the fence, and I saw no more of them.
Cross-examined by DR. KENEALEY. Q. Do you know whether Boyd was a married man? A. Yes—at this time a girl of the name of Robinson was living with him—he had told me that he intended to turn Robinson away, and to take Maria Death after—she had removed from the cottage—he I told me that he had had connexion with her.
THOMAS HINSON . I am a carpenter, and live at Wood Green—I am the prisoner's father—he had been living with Maria Death, between eight and nine years—I believe she was not his wife, he had a wife living, she had left him.
Cross-examined by DR. KENEALEY. Q. And went to live with another man, did she not? A. I don't know where she went to—I have not seen her for a long time—she left him of her own accord—my son is a carpenter—I believe Maria Death had been a governess in a gentleman's family, or something of that, I can't say—she had six children by him; but there is only one alive, and one by my son's wife—they all lived together in this cottage—the eldest child is pretty well nine years of age—the other is between seven and eight—the prisoner was very fond of Maria Death—I have heard him say there was not another woman in the place to equal her—he was always a sober, industrious man—I did not see
my son on the 4th October until the evening, after this was all over—I was not at home that day—my wife and daughter kept house for me—I live three or four minutes' walk from the cottage—I knew he had been inquiring for her at my house that day—he always called her his wife, and treated her with just as much respect as if she was—he was in the habit of working at Hendon—that is about eight or nine miles from Wood Green—he was in the habit of going to his work on the Monday, and coming back in the course of the week—the children were always kept with very great care.
COURT. Q. How old is the prisoner? A. Thirty—I don't know Boyd's age; I hardly knew the man.
THOMAS SEARLE (Policeman Y 112). I am stationed at Wood Green, and live in Bounds Green Road, near Boyd's house—about 6 o'clock on Monday morning, 4th October, I was in bed—I heard people running by my house and calling "Murder!"—I jumped up, put on my uniform, and ran out—I went to Hinson's cottage—I found Hinson there, kneeling beside the dead woman, extinguishing some fire on her clothing—I said to him, "Who done it!"—he said, "I did it"—I seized hold of him, and said, "You are in my custody"—he then rose from his knees and picked up the barrel of the gun that was lying beside him, and held it up over his head, as if to strike me—Neale, another constable, came up and said, "Fred., what is all this about?"—the prisoner said, "What did he interfere with me for, then?"—he walked by my side for a few yards, and then put his hand round me to try to throw me down—with the assistance of my brother constable, I took him to the station—he asked for a drink of water, which I gave him.
Cross-examined by DR. KENEALEY. Q. Did he pull out a penknife and wound himself on the throat? A. Yes, that was at the station.
MR. COOPER. Q. What kind of wound did he make? A. A slight wound.
DR. KENEALEY. Q. You stopped him at once, I suppose? A. Yes.
EDWARD NEALE (Policeman Y 173). I live next door to Elder Cottage—on Monday, 4th October, a little before 6 o'clock, I heard a female scream—in consequence of that I ran out of my house, and went to Boyd's garden—after what I saw there I went to Hinson's cottage—Searle was in advance of me—he took hold of the prisoner—on coming up, I said, "Fred., what are you about?"—he said he wanted to put the fire out—the body of Maria Death was on the ground, and her clothes were smouldering—I stooped down with the prisoner to put the fire out—I then took the gunbarrel from his hand—I also picked up the stock of the gun, which I product—it was broken off—it was lying by the side of the deceased woman—they are now just in the same state as they were—I said to the prisoner, "What is this?"—he said, "I shot her through the window, and I broke this about her"—Mr. White, the surgeon, was then standing in Boyd's garden—he came to where the body of Maria Death was, and I picked up the body for him to examine—she was quite dead—I saw a wound in the left breast—I then saw the prisoner with Searle, on the ground, and I went to Searle's assistance—the prisoner said, "I have done it for the b——, and her too, and I am not sorry for it; all I am sorry for is my poor dear children"—he said that in the garden; that was all he said—I then took him to the station.
prisoner—he had been my tenant for about three yare—he and Maris Death lived there together, as man and wife—on the 4th October she left her house somewhere near 1 o'clock in the day—the prisoner must have left early, before I was up—he returned about 2 o'clock, and asked where Maria Death was—I said she had gone to London, I thought, to match some cloth—I said that in consequence of what she had told me—the prisoner kept a gun in his house—I saw the prisoner and Maria Death return between 5 and 6 o'clock in the afternoon, and shortly after I heard the report of a gun—I saw the prisoner pass my window quickly, after the report—I heard him say to some one, "If a woman deceives me, I deceive her"—I did not at that time know what he had done—I did not see what became of him—I afterwards saw him at the stable-door of Boyd's house, beating the door in—I then withdrew to my own house, to protect my children.
Cross-examined by DR. KENEALEY. Q. you say he said this to some one—to whom? A. I don't know—I could not see any one that he addressed it to, I heard the words; there was no one there that I could see.
WILLIAM WHITE . I am a surgeon, practising at Wood Green—on 4th October I was visiting at Bounds Green—I went to Hinson's Cottage, and there saw the body of Maria Death—she was quite dead—I did not make a post-mortem examination—I could see no wound, because she had her clothes on—I made the ordinary examination—I put my hand about her; there was blood from her left side—her clothes were charred—I should think her death was caused by her being shot through the heart.
COURT. Q. Did you observe anything the matter with her head, any blows? A. No, I did not—in fact, I expected to have to make a post-mortem examination, and I went away, making sure that I should have to examine the bodies afterwards.
CHARLES EDWARD HOCKEN . I am a surgeon at Wood Green—on 5th October I examined the body of Maria Death, with the Coroner—I examined the body externally—I did not make a post-mortem examination—I found a large wound over the region of the heart—it was such a wound as would be caused by a charge of shot at a short distance—I have no doubt whatever that that was the cause of death.
GUILTY .— DEATH .
NEW COURT.—Wednesday November 24th, 1869.
Before Mr. Justice Brett.
NOT GUILTY to be entered for her.
MR. GRIFFITHS conducted the Prosecution; and MR. SERJEANT SLEIGH the Defence.
REBECCA MARKS . I am single, and am the prisoner's sister—I live at 236, High Street, Shad well—the prisoner is married—her age is 30—she has one child by her husband—her husband went to Lima, five years ago, and she then lived three years with my father, and nearly two years with me—her husband sent her money from time to time, but not sufficient to
support her, and he had not sent any for a year and nine mouths, till last December, when he sent her 10l.—the letter was written in July—I knew that she went to reside with Mrs. Markham, and that she was confined of a female child, about 12th September—I was with her on the night of 8th October, and found her very weak, and she spoke very strangely—the has often expressed a wish to go to her husband, but the money came very late for her to go—it came before her confinement.
Cross-examined. Q. Was it received just before she was about to be confined with this child? A. About four months before—I saw her the night before this, and she spoke strangely—she looked vacant and strange—she always had a vacant look, both before and after the birth of the child—I saw her three times a week after the birth of the child, and observed on those occasions a strangeness about her appearance and manner when I attempted to speak to her—she was always melancholy, and used to complain dreadfully of her head—she always behaved to the child with kindness and affection—it was weak and sickly, and when I went there on Friday night it appeared to be sinking very rapidly, and I told her so—she appeared to pay it all the kindness and attention a fond mother would—she complained of her head—at the time her mother was carrying her she attempted to hang herself, and my father had to cut her down—that was in Wales—the prisoner is older than me—all the family through have been insane—my mother and my two aunts were afflicted with mental disease, and I have heard that each of my aunts was confined in a lunatic asylum—my brother was also mentally afflicted; he was not placed under restraint, but the doctor told me to keep out of his way, and not come in contact with him in the dark.
MR. GRIFFITHS. Q. Your mother was never placed under restraint? A. No; but she was insane at the time she died—with regard to my aunts, it is only what I have heard.
CHARLES MARSHALL . I am a chemist, of 67, Bedford Street, Mile End—on 9th October, about 11 o'clock, the prisoner came in for a pennyworth of plain powder—she then asked for something to take out ink stains, and I recommended her salts of lemon, and supplied her with a pennyworth, which is about three quarters of an ounce—she said that that would not be sufficient, and wished for more—I supplied her with a twopenny packet, and she wished to know how to use it—I told her to dip the linen in hot water, and put the salts in it afterwards, to wash it—salts of lemon contains two parts of oxalic acid and one of potass—both packets were labelled, "Poison," with my name and address—I observed nothing remarkable about the prisoner, and had no suspicions—it is not an uncommon thing to be asked for, for that purpose.
ELIZABETH MARKHAM . I am the wife of Martin Markham, a bricklayer, of 71, Rutland Street, Mile End—the prisoner came to lodge with us on 19th July, and on 12th September she was confined of a girl, a very delicate child—she treated it well, as a mother would—it was very weak and low—on Saturday morning, 9th October, between 10 and 12 o'clock, the prisoner came to me and said, "I have poisoned myself and the child"—she seemed in a very wild and excited state—I said, "You have never done such a thing as that?"—she said, "Go and see for yourself"—she put her hand to her head, and said, "Oh dear, I shall go mad; troubles will drive me mad, they are so great"—I had a conversation with my husband, and went up stairs, and found the child on the bed, foaming at the mouth—I took it up, and it died my arms—the prisoner came up after me and said,
"My head is so bad I shall go mad, my troubles are so great"—she seemed quite unconscious of what she was doing—my husband fetched a doctor, and I saw him administer an emetic.
Cross-examined. Q. When she repeated that she was so bad and that her troubles were so great, did she add, "Let me die! let me die!" A. "Yes"—that was up stairs—when she said that she had poisoned her child she was very excited; her eyes were rolling in her head, and there was something very strange about them—the child seemed in a dying state—I was looking for its death hourly, before she told me that—the child was unable to take the breast, the mother paid it all the attention and devotion which an affectionate mother could—she was always very affectionate towards it—ever since she received the letter from her husband the prisoner has been wild and vacant at times, and since the birth of the child I have observed her to be in a low, melancholy state, and she used to cry a great deal—irrespective of that I have frequently seen her wringing her hands and putting them to her head, and crying—the whole of the week before the 9th the state I have described was more intense—there was a restlessness about her eyes, and she was still more vague, and she used to come and talk to me, and then run away in a strange manner in the middle of a sentence—they administered an emetic to her the moment the doctor came, and he ordered her to be taken to the hospital at once.
COURT. Q. Are you married? A. Yes—I am 33 years of age, and have four children living—I made the remark to my husband during the week that the prisoner was more like a mad person than a sane one.
RICHARD GRUBB . I am one of the medical officers of the London Hospital—the prisoner was placed under my charge there on 9th October—I examined her when she was brought in—she was very pale and cold, and I had reason to believe from her state that she had taken some sort of poison—I gave her an emetic, and came to the conclusion, from what came from her stomach, that she had taken oxalic acid; salts of lemon would be practically the same—she remained in the hospital two or three days, and was then taken in custody.
Cross-examined. Q. Was she really in a state of collapse when she was brought in? A. Yes—I caused her to be carefully watched while she was in the hospital, and saw her every day, but further than passing through the ward I had no further observation of her state.
COURT. Q. Did you come to any conclusion, from what you saw or from what was told to you, as to the state of her mind? A. From what I saw myself; nothing but reports were made to me, from which I ordered her to be watched.
Cross-examined. Q. From the instructions you received, did you think it necessary to keep close watch over her while she was in the ward? A. Yes—she was very low and depressed while she was in the hospital, and on the Sunday evening I found a pocket-handkerchief twisted round her neck, and I believe she tried to strangle herself—it was on Monday, the 11th, just before 9 o'clock at night—she had been left alone for a short time, and when I came back I found the handkerchief in that state, and took it off and said, "You should not do this, because you are getting people into trouble"—she said, "I do not wish to do that."
MR. GRIFFITHS. Q. Was it tied tight? A. Not particularly tight—I saw her hand down, and said, "What are you doing?"—she said, "Nothing," and I saw the handkerchief, and took it off.
COURT. Q. How long was she in the hospital? A. From the 9th to the 13th—I only spoke to her for about five minutes on the 9th—she appeared to speak sensibly, but she was very low spirited—she was unable to do anything for herself, she was too ill—the handkerchief was not tied in a knot; it was so twisted that I thought she had been trying to strangle herself.
—MORRISON. I am a surgeon—I attended the prisoner in her confineinent, of a female child, in September—it was a very sickly child—I was called in again on 9th October, and found the child dead, and the prisoner partially insensible—my assistant had administered an emetic to her before I arrived—I was at a labour, and was sent for—I had her taken to the hospital—I made a post-mortem examination of the body of the child on the following Monday, and came to the conclusion that it died from an irritant poison—the symptoms were consistent with poisoning by oxalic acid—I put the stomach into a jar, and sent it to Dr. Letheby.
Cross-examined. Q. Had you attended her, day after day, two or three times a week, since her confinement? A. Every day, or every other day—there was a suppression of the lacteal secretion—I observed between her confinement and 9th October that she had a wild, vacant look; not so much as to warrant interference to have her confined in a lunatic asylum, but sufficient to attract notice, and make me suspicious of her sanity—the had the peculiar look of puerperal mania, which is a well-recognised form of insanity with women about the period of their confinement—it affects them when they are not able to give milk to a child, and is the consequence of it—this form of puerperal mania develops itself sometimes by acts of violence to the nearest and dearest, and to the offspring of the woman—there it no fixed period at which it arrives at intensity, sometimes one and sometimes two weeks after confinement—there are two forms, the acute, wild, raving, and the other is the melancholy sort, with which there are no delusions.
COURT. Q. Tell us that again? A. One is violent, with debates, coming on usually within a day or two after confinement, and the other coming on after the 15th day—that is the melancholy, and is without delusions—they both lead to acts of violence—the second form is the melancholy type, and is what the prisoner's symptoms indicated—the second form is a recognised form of insanity; there are no delusions, but it leads to acts of violence—I do not believe that persons who have that melancholy form have sufficient control over themselves to prevent them committing crime.
MR. SERJEANT SLEIGH. Q. Are women in whose family there is ah hereditary taint of insanity more likely than others to become afflicted with this terrible complaint? A. They are—for a week before the 9th the prisoner seemed wilder—she had a peculiar look, which it is very difficult to give a definition of—it is not the look of a sane person—the appearance of her eyes was not so marked at the Police Court as I used to notice it in her bedroom.
Q. Is this your opinion (reading from Dr. Taylor's work) that "In a person labouring under puerperal mania the killing of a child may be the result of an uncontrollable impulse seizing her at the time the act is done; but it may be done with a knowledge on the part of the mother that the act she is doing will cause death?"Knowing that the act of giving poison or cutting a child's throat would cause death, might she still be under that uncontrollable mania which would cause her to do it? A. Yes.
COURT. Q. You say that she would know the result of what she was
doing? A. Yes—sometimes persons hare been known to kill other people in order that they may be hung themselves—I believe that in this form of mania they would be conscious that they were doing wrong, and still not be able to prevent themselves from doing it.
MR. SERJEANT SLEIGH. Q. Is this your opinion in respect to puerperal mania, that "Wherever there exists an hereditary family taint of insanity, the mind of the medical man should be particularly alive to the chance of its developing itself during a confinement?" A. Yes; but I was never informed that there was insanity in the family till after the deed was committed—a large proportion of the cases of puerperal mania are in persons whose families have had an hereditary taint.
MR. GRIFFITHS. Q. Where you find melancholy puerperal mania, do you often find acts of violence? A. In both sorts of puerperal mania you may have infanticide—more kill their children than kill themselves—I draw a distinction between puerperal mania and homicidal mania—I did not observe these symptoms before she was confined, not till about a fortnight after, and then they did not appear to be at all alarming; there was a peculiar expression of the eyes, but no other symptom—there was only sufficient for me to warn the friends; my assistant warned the sister, and I spoke to her myself—puerperal mania may come on as long as six weeks after a confinement.
DR. HENRY LETHEBY . The contents of a child's stomach were given to me, which I analyzed, and found two grains and three quarters of oxalic acid—I cannot say that that was sufficient to cause death, because we have no case on record; but in my opinion that was the cause of death.
Cross-examined. Q. Have you been present and heard the evidence to-day A. Yes; the prisoner's symptoms, after her confinement, indicate puerperal mania, from my reading, but I have never seen a case.
COURT. Q. Do you agree with Dr. Morrison, that she would know the probable result of what she was doing? A. I think the depression, the melancholy, may be so great that, though she knew the result, still it would be an uncontrollable impulse—the mind may not be so disordered as to render the individual incapable of judging between right and wrong, yet the melancholy may be so great that she might commit the act, and try to poison herself as well—I think she would know that what she was doing was wrong; but if carried to its greatest extent, it might prevent her knowing that it was wrong.
MR. GRIFFITHS. Q. Would you expect that a person suffering from puerperal mania could go to a shop, converse reasonably there, and buy poison? A. Yes.
Cross-examined. Q. When did you tell her what the charge was? A. When I brought her from the hospital in a cab—she said that she recollected nothing about it.
Cross-examined. Q. Have you seen her continually? A. Yes, from 28th October nearly daily—I have heard all the evidence given here to-day, and coincide in the opinions given by Mr. Morrison and Dr. Letheby—she has been in a melancholy condition the whole time she has been in Newgate—I have not been able to enter into any conversation with her—my opinion is that she is in a peculiar condition, amounting to a form of insanity.
MR. SERJEANT SLEIGH stated that he had witnesses present to prose the insanity of the prisoners mother, grandmother, and great-grandmother. THE JURY expressed their unanimous opinion that, on 9th October, the prisoner was in such a mental condition as to be incapable of distinguishing right from wrong.
NOT GUILTY, on the ground of Insanity. — To be detained during Her Majesty's pleasure.
THIRD COURT.—Wednesday, November 24th, 1869.
Before Mr. Common Serjeant.
37. WILLIAM WILLIAMS (40) , PLEADED GUILTY to burglariously breaking and entering the dwelling-house of Nathaniel Davis, and stealing twenty-two spoons and other articles— Seven Years' Penal Servitude. And
SAMUEL NEVITT . I live in Wilmott Street, Bethnal Green Road, and am organ blower and assistant sexton of Spitalfield's Church—on Thursday, the 28th October, at 6.30, I opened the church for evening service—I went towards the western end of the church and found the poor box had been broken open—I examined the south side and found the middle window open—I went for Mr. Wright, the sexton, and he returned with me.
GEORGE WRIGHT . I live at No. 3, Wood Street, and am sexton and parish clerk of Christ Church, Middlesex—I have charge of the church,—about 6.45 on the evening of the 28th October, Nevitt came to me and told me the church had been entered—I returned with him and went up the chancel, and, on the communion table, I found two bottles of wine and a decanter partly filled with wine—they had been taken out of the churchwardens' room, from the locker, which had been broken open—all the offering boxes, seven in number, had also been broken open—they were all empty—the window on the south side aisle was open, and there was space enough for a person to creep through—it was closed on Wednesday evening—I had to prepare for the evening service—after the service the choir practices, and when they had gone, I made thorough search in the church but could find nobody there—I left at 10.15—before doing so I saw the place securely fastened—soon after 4 the next morning I was called by the police—I went with them to the church—we entered by the north-eastern door—I examined the middle window and found the place had been made larger, and there were a few burnt matches there which were not there the previous evening, and also some pieces of glass that had been broken off—the comminion table-cloth was gone, and the velvet had been taken off two pillows—this is the velvet (produced)—it was shown to me by the police—the reading desk cupboard had been broken open, and I missed five keys from various locks—the churchwardens are Mr. Samuel Mully and Mr. Richard Bunsfield.
TEMPLE GEORGE TOLLEY . I live at 37, Lamb Street, Spitalfields—on the 28th October I had some men at work in the churchyard—I saw the window safe about 4 o'clock in the afternoon—those plans (produced) correctly represent the church—at this middle window there is a door leading down to the crypt, which offers facilities for climbing up.
the 28th October—I was aware that Spitalfield's Church had been entered—about 4 o'clock in the morning I saw the prisoner climbing over the iron railings, between the church gates and the rector's house—he came from the churchyard into Church Street, and walked fast—I called "Hi!"—he took no notice, but walked faster—I ran after him, and be ran, and while running along Church Street, towards Brick Lane, I saw him pulling something, that appeared to be bound round his body, under his jacket—he turned down Princes Street, and at the comer I slipped and fell—I followed him again, and in Red Lion Court he threw this velvet away—he ran into Spitalfield's Market, and there I lost sight of him—I cried, "Stop thief!"several times—a minute or two after I saw Sergeant Reed—I am quite sure the prisoner is the man—I went back and picked up the velvet, and called the sexton—we went and examined the church, and found the window broken.
ALFRED JOSHUA REED (Police Sergeant H 3). About 11 o'clock on the night of the 28th, I saw this broken window—I was aware the church had been entered—I saw the window again in the morning, and the hole was much larger, and there were some burnt matches—a few minutes after 4 o'clock I heard the cry of "Stop thief!"—I saw the prisoner and the constable running across Commercial Street, into the market—I followed the prisoner, and caught him—he was very much exhausted—I said, "What have you been up to?"—he said, "Nothing; I am going home"—I said, "You must go back along with me, and see what is the matter"—I took him back into Spitalfield's Market, and there met Cable, who said, "That's him; I saw him jump over from the churchyard into Church Street"—he produced this piece of velvet, and said, "I saw him throw that away"—I took him to the station, and he gave the address of some coffee-house in the Whitechapel Road—when I saw him running he was going in a contrary direction to the Whitechapel Road—I went with Sergeant Saunders and the sexton, and examined the church.
Witnesses for the Defence.
JAMES CURTIS . I am a stevedore, and live at 35, Langley Place, Commercial Road—I have known the prisoner two years and a half—on the 28th October he was with me from about 3.30 to 9 o'clock, p.m.—that was on the Thursday—I then left him in company with a young man named Alexander.
Cross-examined. Q. You say you live at 35, Langley Place; that is Victoria coffee-house, is it not? A. Yes—I am not a waiter there—I last worked at Mr. Rolling's or Mr. Sharpe's—that was last week—I cannot tell where it was—I do not know the man's name—on the 8th May, 1868, I was convicted of being concerned in a burglary, and had nine months' imprisonment, but it was proved I only carried the thief's plunder.
COURT. Q. Where were you between 3.30 and 9 o'clock? A. We went to Stepney, and from there to the Mile End Road, and through Victoria Park, and back again to Stepney station.
GEORGE ALEXANDER . I live at 12, Anthony Street, Commercial Road and am a carman—I have known the prisoner about four years—on Thursday night, the 28th Cottar, I saw him about 8.45 with James Curtis at the Victoria coffee-house—we left Curtis—we went to the George public-house,
in the Commercial Road, and had some ale—we then went to another public-house in Whitechapel, and from there to the "Clyde," and sat there till 11.25—I then left him to go home.
PLEADED GUILTY— Seven Years' Penal Servitude.
MR. F. H. LEWIS conducted the Prosecution; and MR. STRAIGHT the Defence.
RICHARD SMART . I am temporary clerk at St. Peter's Church, Islington—I produce the Register of Marriages for 1850—on the 25th July I find that William Baynes Netherwood, of full age, late Captain of Madras Infantry, was married to Martha Pearce, of fall age.
ROBERT HAYNES . I am a solicitor, of Duke Street, Manchester Square—I knew the prisoner before his first marriage, in 1850—I acted as his solicitor—I also knew Martha Pearce—I acted as solicitor to her mistress—I did not know of the marriage until afterwards—the signature in this register, "William Baynes Netherwood," is the prisoner's handwriting, and I believe this to be Martha Pearce's—I afterwards knew them to live together as man and wife—I acted as their solicitor—they separated in 1856 or 1857 without a deed—I afterwards obtained a Protecting Order for the wife—I saw her last night—she called on me—I last saw the prisoner and her together about three weeks ago; but I had not seen them together before that for eight or nine years, about 1857—I have refreshed my memory since I was before the Magistrate, by looking at my books and papers—I have not got them with me.
COURT. Q. Did you say before the Magistrate, "Some nine or ten years ago I remember them meeting; I was then in an office in Orchard Street?" A. That is true—that would bring it to 1859, and it might be in 1859 that I last saw them.
Cross-examined. Q. You do not mean the end of 1859? A. Well, if I could fix a date, I should say it was in 1858, because soon after 1858 I removed from Orchard Street—the prisoner served in the Crimean war—Now I can fix a date; he returned from the Crimea in 1857, and I saw them once, a few months after that, so that they separated in 1858—they separated in consequence of certain matters that came to the prisoner's knowledge, which occurred during his absence—he has not, to my knowledge, lived with her since—I saw the prisoner living with the prosecutrix in Rutford Place—I am aware they lived together two years before the second marriage, which was on the 12th June, 1867—I was not present at the marriage—before the second marriage he gave me instructions to make inquiries about his first wife—I caused inquiries to be made—she was not known at the last address she gave me, and we were informed she was dead—the Protection Order was not brought to the prisoner's notice in any way.
MR. LEWIS. Q. You knew of the Protection Order being obtained in 1864? A. Yes—when the prisoner applied to me about his wife, I did not tell him that she was alive in 1864, and that I had obtained a Protection Order against him—after that Order I lost sight of her altogether—I believe it was registered—I made inquiries in Commercial Road East, where my letters had always found her, that is all.
COURT. Q. It was impossible to trace her, and you believed she was dead? A. Yes.
MR. LEWIS. Q. You did not advertise for her? A. No—the prisoner did not tell me he wanted to marry the second time—I made many other inquiries besides, but could get no information about her—my clerk is now instructing counsel who defends the prisoner.
EMILY PEARETH . I am the wife of Thomas Peareth—he was a cornet in one of Her Majesty's cavalry regiments—I was married to him about the 25th June, 1807—I married the prisoner at the Registrar's Office, Kensington—I had run away with him before marriage, at his solicitation—a week or two after we had been married I heard he had been married before, and spoke to him about it—he represented himself to me as a bachelor—when I spoke to him about it he said he had not been married before—I did not exactly live with him at all—it could not have been more than a few months, and then he did not pay, and he was turned out—I still live in the same place.
COURT. Q. How long after the marriage was that? A. A few months.
Cross-examined. Q. I believe your name originally was Emily Hunt Waterman? A. Yes—I first met the prisoner at Paddock Wood station about four years ago—two months after that he asked me to run away and marry him, and I came up to London and lived with him—I lived with him because I did not wish to marry him—I went to an hotel with him for about a fortnight, and then left him—I met him after that, and lived with him again—I mean to tell the Jury that he lived with me at an hotel, but there was no relation of man and wife between us—the only injury he did me was by marrying me, because I was engaged to be married—I have married a gentleman now.
NOT GUILTY .
MR. POLAND conducted the Prosecution; and MR. F. H. LEWIS defended Benjamin Curran; and MR. WILLIAMS defended Henry Curran.
THOMAS HURDSFIELD . I am a warehouseman's assistant, and live at Mr. Hammett's, 6, Westmoreland Place, City Road—he is a machine-quilter—in October last I was out of employment—I had known the prisoners about six weeks previous to the 11th October—Benjamin is a hosier, haberdasher, and dealer in tailors' trimmings, and keeps a shop in Provost Street, Hoxton—I have seen Henry there, assisting his brother—I went to their shop in October, for the purpose of buying some silk for Mr. Hammett—I saw some green silk fringe lying on the counter, and a person was asking the price of it, and Benjamin said it was 1s. 1/2 d. per yard—I examined it, and asked how much they had of it—Benjamin said about three or four pieces—I am not positive whether Henry was present—I asked him if he would let me have some patterns of it, and I would see if I could dispose of it—he said it was very good fringe, but it was hardly suitable for that shop, and it would sell better in a better-class neighbourhood—he gave me some patterns, and he then introduced the black gimp trimmings, of which he also gave me some samples—I was told the gimp trimming was to be 4d. a yard, and the fringe 10d.—they had three pieces of brown fringe and one piece green—on the 11th October I sold 61 yards of fringe, at 10d., and 281 yards of trimming at 4 1/2 d., to Mr. Hinton, of Pitfield Street—it used to be Cox & Co.—this
if the bill I delivered (produced)—I went buck to the prisoner's shop—I saw Benjamin, but I am not certain about Henry—I told him I had effected a sale, and he agreed to take 3d. a yard—I was to have 1 1/2 d. per yard on the trimming, and 1d. per yard on the fringe—I took the goods to Mr. Hinton's, and Henry Curran went with me—I went in and delivered the goods while he waited outside—I received 7l. 16s., and, after deducting my commission, I gave the difference to Henry—I have identified the property produced—it is the same that I sold—about a week after I got some more I patterns of the black trimmings—I believe both prisoners were present, and he said I would try and dispose of it—I gave the patterns to Mr. Hammett, and he sold some to Messrs. Rotherham's—this bill (produced) was made out by me—I assisted Mr. Hammett in delivering the goods—it was four and a quarter gross at 2 1/2 d. per yard, half a gross at 2 1/4 d. and one gross of fringe at 3d.—the amount of the bill altogether was 8l. 17s.—Mr. Hammett received the money, and he gave it to me when we got outside—I returned to the shop and paid it over the same as the other, deducting only 1/4 d. per yard—I gave it to Benjamin—Henry was not there.
Cross-examined by MR. LEWIS. Q. You were not limited as to where you took the fringes to? A. No.
MR. POLAND. Q. Did any one assist you to carry this lot to Rotherham's? A. Yes, they sent a man who goes on errands for them.
WILLIAM EDWARD HINTON . I am a hosier and trimming seller, of 82, Pitfield Street, Hoxton—the business was formerly Cox & Co.'s—this box of trimmings, and the green and brown fringe, I purchased of the last witness for 7l. 18s.—I kept them in the box just as I bought them—I was communicated with by the police, and I gave them up.
JAMES HAMMETT . I live at 6, Westmoreland Place, City Road, and am a machine quilter—Hurdsfield lives with me—he was out of employment and I assisted him—I sold four and three quarter gross of this black trimming, and some fringe to Rotherham & Co.—I was shown some at the Police Court, and I identified it as that which I sold—I sold it to Mr. Searle, Messrs. Rotherham's buyer—I had a commission—the goods were produced at the Police Court by Messrs. Vyse & Co., but they were not in the same state as when I sold them—they were knocked about, and had been taken off the cards and changed—I was allowed 1/4 d. per yard.
JAMES SEARLE . I am buyer to Messrs. Rotherham & Co., drapers, 81 to 88, Shoreditch—I bought a quantity of this black gimp trimming and some fringe—this is the bill for it (produced)—there were about nineteen pieces, and thirteen or fourteen were in boxes, rolled on cards—they were not taken off the cards—I sold those pieces to Mr. Allen, Messrs. Vyse & Co.'s buyer—I took them out of the boxes and threw the boxes in the waste paper basket, but I did not take them off the cards—these are some of the cards (produced)—I gave them to the officer—I told Messrs. Vyse some were on cards, and some without, and they said it made no difference as they had cards of their own—I bought them as a job, and sold them as a job, at 4d. a yard—I did not know they were foreign manufacture—I hare never seen such goods before—I bought one gross of fringe, but that has been put in stock and sold—I bought on the 23rd and sold on the 25th, but I had had samples in my possession for a week.
Cross-examined by MR. LEWIS. Q. Messrs. Vyse & Co. are merchants in the City, employing 700 or 800 people? A. Yes, I should imagine they do—it is a very first-class house—I tried to dispose of these goods to a Mr.
Young, an importer, and he represented they were not sufficiently fashionable—Messrs. Vyse & Co. complained to me of the colour—we buy "jobs every day in the week—I get a commission on purchases—we supply shop-keepers.
CHARLES WILLIAM ALLEN . I am trimming buyer to Messrs. Vyse & Son, 76, Wood Street—I produce eighteen pieces of black gimp trimming—I bought nineteen, but one has been sold—I bought them of Mr. Searle, at 4d. a yard—the moment I heard of the prosecutors' loss I communicated with them—this is the state in which they were delivered to me.
Cross-examined by MR. LEWIS. Q. Messrs. Vyse are wholesale dealers, are they not? A. Yes—I should have re-carded and re-boxed the trimmings, and then sold them to retail houses—it is the habit of wholesale houses to sell job lots, but not to buy them—this is an exceptional case—I depended upon the house I was buying them from—I thought I was giving a sufficient price to keep up the reputation of my principals—Messrs. Rotherham have a good reputation—I should think Messrs. Vyse employ about 250 people in Wood Street—there is always a margin for these goods.
COURT. Q. Would 4d. a yard for goods worth 1s. 6d. be within the margin you speak of? A. In some cases—these goods are subject to the fluctuation of fashion.
MR. POLAND Q. Did you happen to know they were just made? A. I did not think they were—I thought they were old goods, from the manner in which they were delivered to me—it is a make not much in demand.
WILLIAM GREEN (City Detective). On Thursday, the 28th October, I went I with Mr. John Hulbert, one of the prosecutors, to the prisoner's shop, 73, Provost Street, Hoxton—over the door is "B. Curran, Hosier and Tailors' Trimmings"—Benjamin was behind the counter, serving—I said, "I am a police-officer, and have come to inquire about some gimp trimmings that I have reason to believe has been in your possession"—he said, "Gimp trimmings? I do not know anything about them"—Mr. Hulbert then produced some samples, and showed him them, and he said, "Oh, yes, I remember them now. I know nothing further, for my brother buys all the things"—I said, "Where is your brother? where does he live?"—he said, "I do not know; but he will be here in about an hour and a half"—we waited about two hours and a half, when Henry came in—I said to him, "I am an officer, and have come to inquire about some gimp trimming that has been stolen from 127, Wood Street"—he said "Yes, I remember them, we bought them over the counter"—I said "We? who do you mean?"—he said, "Me and my brother"—I asked of whom he purchased them, and he said, "A man"—I said, "What is his name, and where does he live?"—he said, "I do not know"—I said, "How much did you give for them?"—he said, "I will speak of that by-and-bye "—Benjamin was present during this conversation—I told them I should have to take both of them into custody for receiving this gimp, well knowing it to have been stolen—Benjamin said, "Cannot you take one of us?"—I said, "No, you must both go," and, with the assistance of another officer, I took them to the station—I left an officer in charge of the shop—at the station the charge was read over to them, and the inspector asked what they had given for the trimming—Henry said, "Between 6l. and 7l."—I then returned to the shop, and took possession of 63l. 2s. 3d., the money in the till—I searched the place, and found these eight boards of braid (produced)—the next morning I took Benjamin from his cell, and showed him the braid and other things, and asked how he
accounted for the possession of them—he said, "It is quite right, they are mine; I purchased them, and you will find the bills on the file at the shop"—I found two files of bills—I have looked through them, but can find no invoices of the trimming, or of the brown and green silk, or the braid—I produce the property from Messrs. Vyse and Mr. Hinton's.
Cross-examined by MR. LEWIS. Q. When Benjamin Curran said, "Yes, I remember it," did not he say, "I have given some pieces to two men to sell for me? A. Yes—that had slipped my memory—I did not take a note of the conversation in writing—it is the usual practice to take a prisoner out of his cell, and ask him questions—I am authorized by my inspector to do it.
Cross-examined by MR. WILLIAMS. Q. When you asked Henry the question, did he answer them readily and properly? A. He did.
JOHN PEARSON . I am a carman—on the 7th October I delivered at Messrs. Beddo, Hulbert, & Hulbert, of Wood Street, Cheapside, a box numbered 5454, and marked "B. H. H."—I brought it from Brewers' Quay, and got a receipt for it.
RICHARD BUNYAN . I am clerk to Wilkins, Cowley & Co., Custom House agents—I examined this case, 5454, and marked "B. H. H."—it contained a box of gimp trimming like this (produced)—it was fastened up again, and ordered to be delivered by the carman.
EDWARD SCHERBER . I am in the service of Carl Grumbled & Co., of Book-hart, in Saxony—they are in the habit of supplying Messrs. Beddo, Hulbert & Hulbert, of Wood Street, with goods—I packed the case 5454, and marked "B. H. H."—it contained black trimming, in a box like this (produced)—this is the invoice (produced)—the price, after deducting discount, is 59l. 17s.—there were 972 yards in all, and consisted of six different patterns—the goods (produced) are the same that were packed in the case—they were made specially for Beddo, Hulbert & Hulbert.
JOHN HULBERT . I am one of the firm of Beddo, Hulbert & Hulbert—the box was missed on the afternoon of 7th October—on Thursday, the 28th, some patterns were brought to me from Messrs. Vyse, and that led to the tracing of these goods—I went with the officer to the prisoners' shop—I believe Green asked them if they had an invoice of the gimps, and they said "No"—I cannot say which spoke—these goods produced are made specially for us, and for no other house in London—they cost us from 9 1/2 d. to 1s. 11d. a yard—I also missed eight pieces of braid, exactly the colour of this (produced).
Cross-examined by MR. LEWIS. Q. I suppose you expect to pay something for the new fashion? A. These are not articles of fashion—they are hand-made goods—we do not pay anything extra for a new design—I buy jobs occasionally—I sometimes sell job lots of old goods at 70 per cent discount.
MR. POLAND. Q. Could these goods in any way be termed a job lot? A. No, they are only just made, the invoice only bears date in October. The prisoners received good characters.
GUILTY.—Strongly recommended to mercy — Twelve Months' Imprisonment each. The Jury were of opinion that Messrs. Rotherham deserved severe censure for their conduct in buying the goods.
FOURTH COURT, Wednesday, November 24th, 1869.
Before Robert Malcolm Kerr, Esq.
In this case the Jury were discharged without giving any verdict, and the trial was postponed until the next Session.
MESSRS. METCALFE and GRAIN conducted the Prosecution.
ALBERT MITANLY . I live at Queen Street, Bethnal Green—on 19th October I was in Brick Lane, near the Great Eastern Railway Station—about 1.20 I saw the prisoner there with a horse and cart—when I first saw him he was dragging a sack of oats out of Mr. Fieldhouse's shop—the horse and cart was opposite the window—I did not see him drive up—I first saw him in the shop—he was about three yards inside—he laid the sack just outside the shop, in the street—he went into the shop again after that—he called Henry George Fieldhouse out into the shop, and wanted him to serve him with some oats, and I took no further notice, because I thought he was a customer—the prisoner wanted a bag to put some oats in, and said he would lend some money on the bag; but Mr. Fieldhouse had not got a bag for the oats—the prisoner went out of the shop, got up in the cart, and drove away—Mr. Henry Fieldhouse pulled the sack of oats into the shop again, and put it where it was before—he did not see the prisoner drag it out—he could see the corner of the sack from the shop, while the prisoner was there—I did not hear what the prisoner said to Mr. Fieldhouse about the sack.
Prisoner. Q. How do you know it was a sack of oats? A. I can't say that they were oats, it might have been chaff—I did not see you go into the shop and ask for a feed of corn for your horse—I saw you go in after you had dragged the sack out.
HENRY GEORGE FIELDHOUSE . I assist my father, who is a corn dealer, at 162, Brick Lane—the sack in question contained four bushel of oats—it belonged to my father, William John Fieldhouse—his initials, "W. J. F.," are on the sack—it was standing about three yards in the shop—I did not see anybody move it—I was called into the shop by the prisoner, and he wanted a sack to put some chaff in—I said we had not got one—I saw him get up in the cart and drive away—he said he could get a sack from Mr. Sunman—I noticed the sack outside the shop, in the street, when he was there—he said he got it from Mr. Sunman, and was going to put some
oats in the nose-bag, and he wanted some corn to put with it—I said nothing to him after that—he did not seem drunk—he was just as he is now—when he was in the shop I saw the two first letters of our name on the sack—I said it was our sack, and he said he got it from Mr. Sunman.
Prisoner. Q. Did I not knock on the counter, and call you out to serve me with some corn? A. Yes—I did not think at the moment that you meant to steal the sack of oats—I should have given you in charge if I had.
NOT GUILTY .
THOMAS LEE . I am a van guard, in the employ of the Great Eastern Railway Company—on 19th October I was with a van, in Cheapside, about 5.45—the van was drawn up opposite Friday Street—I was on the pavement, by the tail-board—I saw the prisoner go to the side of the van and get on the shaft in front, and began pulling a truss out—I pulled him off, land asked him what he wanted there—he said, "Joe, the carman"—Joe is not my carman—I do not know any such person—I gave him in charge to a policeman—the truss had come from Arthur Kay & Co., Watling Street—I saw it in the van before the prisoner touched it, and after I had pulled him off, it had been moved from the place where it was before.
Prisoner. Q. You say you pulled me off the van? A. Yes—I held hold of the leg of your trowsers—I was at the back of the van when you got up—I don't know whether you were in your right senses or not—you were by the shafts when the policeman took you—you did not say, "How dare you throw things at me"—I have not got promoted by the company since I have given this evidence, that I know of.
MR. METCALFE. Q. Had he a horse and cart there? A. Yes, behind—the horse was eating the straw from my tail-board.
JOHN DOUGHTY (City Policeman 614). About 5.40, on 19th October, I was in Cheapside—I saw the Great Eastern van standing at Thomas's ware-house—there was a horse and cart behind it—I saw the prisoner at the shafts of the van, held by the boy—the boy called me and said, "This man has been in my van"—the prisoner said, "I got in there to look for a mate of mine, named Joe "—I went behind the van, where the horse and cart was standing, and said, "Who does this belong to?"—the prisoner said, "That is mine; I stopped here to get in this van to look for my mate Joe"—I asked him where he had been, and who is master was—he said he worked for Mr. Pound, packing case maker, in Leadenhall Street, and that he had been to Jewin Street with some of Mr. Pound's goods, and that he was on his way back, down Cheapside, and saw the van standing there, and he get into it to see if Joe was there—he gave the name of John Bryan, 22 1/2, St. Mary Axe—I went there, but could find no such place as 22 1/2—I went to Mr. Pound the same evening—there was nothing but a mattrass in the cart at the time.
Prisoner. Q. What did you take me to the station for? A. For loitering in Cheapside with a horse and cart, with a felonious intent—the charge of being drunk was mentioned—the boy told me that he saw you move the truss—he did not come to the station at that time—I went to Mr. Pound's, and found you had been working there, but had been discharged about
twelve months—I did not hear you tell me to go to Spencer & Sons, opposite.
JAMES FRENCH . I am a carman in the employ of the Great Eastern Railway Company—I loaded the van where the prisoner was caught—among other goods it contained a truss received from Arthur Kay & Co., of Watling Street—it was going to Buckles—I put it into the van myself—I left Lee in charge of the van, in Cheapside, when I went into Messrs Thomas's warehouse—when I came out I found the truss had been shifted—there were a lot of people round—Lee said the prisoner had been on the shafts, and attempted to steal it—the prisoner said he knew Bob the driver—I had seen the prisoner in his cart—he followed us from Sweeting's up to Thomas's—I do not know him—my name is James, not Joe—the weight of the truss was about three-quarters of a hundredweight, and about 3 ft. long.
Prisoner. Q. Where was the truss? A. In front of the van—on the top of other goods—it is a covered van with hoops over it—the truss was not tied—you could have easily pulled it out.
MR. METCALFE. Q. You saw the prisoner in his cart? A. Yes, just by Sweeting's—when I stopped, he stopped—I stopped at Weldon's, and he stopped quite close behind—after I had collected at Weldon's I went to Thomas's, and then he stopped again—I did not see him go in anywhere.
CHARLES JOHN SUNMAN . I am a carman at Bethnal Green—the horse and cart which the prisoner was driving belonged to me—he hired it—he had had it four or five times before—I did not let it to him on that day—he went and knocked my man up and got it—I do not know Mr. Pound—I did not let it to him.
Prisoner. Q. Is your son here? A. No—I found that you went to my son the night before, and he promised you should have it—I gave orders myself that you should not have it any more.
The prisoner, in his defence, stated that he took tome trunk, which he had made, to sell; that he got too much to drink, and as he was returning through Cheapside, some one threw a handful of nut shells at him; that he got out of his cart and looked in the van to see who it was; and that he was then taken into custody and charged with driving to the common danger, but that no charge of felony was brought against him, and that it was not likely that he should go and attempt to take this truss when there were hundreds of people about, and the boy dose by.
NOT GUILTY .
MR. LEIGH conducted the Prosecution; and MR. WOOD defended Ward.
ARTHUR WILLIAM FERNE . I am a porter in the employ of Messrs. Benjamin Hay & Co., 29, Aldermanbury—about 2.30 on the afternoon of 11th November I saw a bale of goods in the passage as I went out—it was then in good condition, and not disarranged in any way—I returned in about five minutes and saw Williamson in the act of pulling open the bale—he saw me and ran out—I ran after him and gave him into custody—I afterwards examined the bale and found it had been cut open some distance—it had also been moved from the door—it contained woollen goods to the value of about 18l., I believe—it was a large bale.
Williamson. Q. You never lost sight of me? A. No—I did not go into the shop and tell my master—I halloaed out—you were running as fast as you could—the bale was up against the shop door, where I came out—there was room for me to get out—the bale had been moved about a quarter of a yard.
Cross-examined by MR. WOOD. Q. Who put the bale there? A. I don't know, the carrier, I believe—I don't know how long before—I had seen it about five minutes before, when I went out to lunch—I did not measure the distance it was from the wall—it belonged to the people up stairs, and was lying right in front of me as I came out—there were no other bales there.
Cross-examined by MR. WOOD. Q. Was he in Aldermanbury or Addle Street? A. In Addle Street, near Wood Street, nearly 100 yards from the house where the bale was—there was no one with him.
FREDERICK DOWNES (City Policeman 102). On the afternoon in question, at a few minutes past 2 o'clock, I saw the three prisoners and another man, not in custody, together at the corner of Aldermanbury—I followed them about for some time to Fore Street and back to Aldermanbury again—Poole and Williamson went down the left side, and Ward and the other man on the right—they all went in the same direction, but on opposite sides—Poole left Williamson at the corner of George Yard, and Ward stood at the corner of Addle Street—I lost sight of the fourth man—Poole went into the passage of 29, Aldermanbury—he came out again and bad a conversation with Williamson, and he went into the passage of 29—Poole walked up and down—Ward still remained in the same position—I concealed myself in another warehouse and saw Williamson come out very hurriedly—he signaled to Poole, and went down Addle Street, followed by the witness Ferne—I followed the whole of them till they met Fuller, and Ferne gave Williamson into custody—Fuller brought Williamson back to No. 29—Poole and Ward followed some little distance behind till they got into Moor Lane—they were both close together, and I took them into custody and told them they would be charged with Williamson—they were very violent, and Poole said he should like to cut my b—throat—they both gave false addresses.
Williamson. Q. Did you see me go into the passage? A. Yes—you were there two or three minutes.
Cross-examined by MR. WOOD. Q. How far were you from the house? A. In a passage opposite—Poole passed me once, and saw me—I was in plain clothes—Ward stood at the corner of Addle Street—I saw him in company with Poole—I did not see Poole speak to Ward after he had been into the passage and come out again.
Poole. Q. Where did you take me? A. In Moor Lane. You were following Williamson to the station—there were a good many others following—I did not take you when you were in Aldermanbury because I wanted to get the whole of you.
HENRY THACKRAH . I am a woollen warehouseman, at 29, Aldermanbury—on 11th November I had a bale of goods in the passage of my premises—it contained 125 yards of woollen cloth, valued at 18l. 15s. 3d.—I did not see it till 3 o'clock—it had been opened then—it had been ripped open about two-thirds across.
in the passage—it was then in a perfect state, and not cut open in any way—I was called down in the afternoon—it was then cut open and in a different state—it had been moved about a quarter of a yard.
Cross-examined by MR. WOOD. Q. Who told you it had been moved a quarter of a yard? A. I saw it had—it was near the door when I went out, and it was moved when I saw it—it could not have been moved by the door—the door opens the other way.
Williamson further PLEADED GUILTY to having been before convicted in July, 1868**— Seven Years' Penal Servitude. WARD and POOLE*— Eighteen Months' Imprisonment each.
MR. LEIGH conducted the Prosecution.
HANNAH CRESSALE MITCHELL . I am a widow, and live at Church Street, Mile End—on Sunday morning, 21st November, I was awoke by a noise—I saw the prisoner getting in at my bedroom window—I got up and went to the window, and pushed him away, and fastened it—I had shut the window the night before—I missed a towel—it was shown to me afterwards by a constable—it was hanging on a line in the yard the night before—it was worth 3d.—this is it (produced).
JOHN BROWN (Policeman H 186). I received information from Mrs. Mitchell, and found the prisoner concealed behind a door close by—he had been drinking—I found the towel on him at the station, concealed under his coat.
Prisoner's Defence. I was drunk, and did not know what I was doing.
GUILTY — Six Months' Imprisonment.
MR. TURNER conducted the Prosecution.
THOMAS BAKER . I am a carman, and live at 1, London Place, St. George's-in-the-East—on 12th November, I saw the prisoner and two others in Pennington Street—I saw them knock the prosecutor, James Moore, down—he was a seaman—I saw them take his money from him—I was by myself, and therefore I did not interfere, but I followed them—I could not swear that the prisoner struck him—the man fell against the wall—I saw them take the money from his pockets—I saw the money—they were all engaged in it; the prisoner as well as the rest—I followed them along the street—I was about ten yards behind them—I met a policeman, and the prisoner crossed the road, and looked into a beer-shop window—I pointed him out, and the policeman took him into custody—I lost sight of the others—I never lost sight of the prisoner at all—I am quite sure that he is the man—the policeman said to the prisoner, "I want you," and then he told me to run and catch the others—the prisoner said nothing.
Prisoner. Q. Was not I drunk? A. No, at the time the prosecutor went to the Police Court he was a little the worse for drink—he has gone to sea.
ALFRED WOODCOCK (Policeman H 60). On 12th of this month I was on duty in St. George Street—the last witness came to me and pointed out three men—they were about ten yards from him—the prisoner was one of the men—I took him into custody, and told the witness to follow the others—they run away then—I told the prisoner he would be charged with robbing
a sailor, in Pounington Street, and he said, "I have not done anything"—the sailor attended at the Police Court the following morning—he was sober then, and identified the prisoner—the Magistrate told him to look round, and he pointed to the prisoner, and said, "That is one of them."
GUILTY **— Seven Years' Penal Servitude.
OLD COURT.—Thursday, November 25th, 1869,
Before Mr. Justice Byles.
MESSRS. LEIGH and E. J. DUNNE conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
EDWARD ALDRIDGE . I live at 38, Blair Street, Bromley, and am clerk to George James Watts, sawmill proprietor, the prisoner's brother—I have known the prisoner for these fifteen years, he was employed by Mr. Watts up to about three months since—on Monday afternoon, 15th November, as I was leaving the premises, I saw the prisoner at the entrance gates coming into the office—the moment he saw me be drew a revolver from his coat pocket, and presented it at me, within about two yards—I immediately closed with him, and held him, and shouted for assistance, and a friend and Mr. Watts, the prisoner's brother came to my assistance—I held him till I was told he was safe—I had my arms round him—he struggled very hard with me, and said, "D—you, I will do for you," and struck me three or four times, and he picked up an iron bar, and attempted to strike me with that—it was taken from him—I did not strike him—this (produced) is the pistol—it is a six-chamber revolver.
COURT. Q. What ground of offence had you given him? A. None that I am aware of, unless it was that I had done part of his duty; I was not in his place—I had been employed in the mill three or four years—when he neglected doing his duty it was generally done by his brother and myself—his-brother is part master of the mill, and the prisoner and I were in his service.
SAMUEL REA (Policeman K 454). This pistol was handed to me at the station by Mr. Watts, the prisoner's brother—I examined it, the six barrels were loaded—I took it to a gunsmith, and saw him unload it—I produce the cartridges it was loaded with—the prisoner said he had no intention of shooting the man or doing him any harm, he meant to shoot himself, but the pistol would not go off—he said he would allow me to shoot at him to try it, if I wished; he was confident it would not go off—the pistol does not require a cap, the cap is inside the cartridge—there are all the three materials; cap, powder, and ball—there is a little thing that goes up outside the barrel, and serves the place of a cap, that goes down into the cap and explodes.
JOHN WATTS . I live at 34, Barking Hood, and am proprietor of the sawmill with my brother George—Mr. Aldridge was in my employ—the prisoner is my brother—on the afternoon of 15th November I saw the prisoner and Aldridge struggling, and heard calls for help—I saw that my Brother had a pistol in his hand—I went to Aldridge's assistance, and with the assistance of a young friend, who happened to be near, the pistol was taken from him—he had it in his hand—I can hardly
say how—Aldridge had him with his arms pinioned—I did not see how he held the pistol before his arms were pinioned—I did not see him present it at Aldridge—I separated them—directly the pistol was taken away from the prisoner, Aldridge released him—the pistol was thrown on the ground, and was afterwards picked up and given to me by one of our men, named Brooks—it was loaded—a boy picked it up and gave it to Brooks, and he gave it to me within two or three minutes—I have heard the prisoner threaten to shoot persons before this—I would rather not be asked any questions about it.
Cross-examined. Q. Is he in his right mind, do you think? A. I believe he is, except when he has had too much drink, or rather after the effects of the drink has gone off—he gets sullen and morose ideas into his head, and I inclined to do anybody mischief—I said, before the Magistrate, "I believe him to be of unsound mind; I don't think it safe for him to be left uncontrolled"—I believe he was of unsound mind when he was before the Magistrate, and perhaps at the time of this occurrence.
COURT. Q. What makes you say so—what has he done? A. We have had one or two matters of this sort before—he has been in the habit of threatening persons, and having weapons taken from him—that is the only thing, and I am sure he would not do so in his sound senses.
WILLIAM TREW . I am a pawnbroker's assistant, at 228, High Street, Poplar—the prisoner bought this revolver at our place the same afternoon that he committed this offence—I also got him a box of cartridges for it—he gave 35s. for it, including the cartridges—it would be worth 4l. or 5l. new.
MR. M. WILLIAMS submitted that there was not sufficient evidence of an attempt to discharge the pistol, at would support the 14th and 18th sec. of 24th and 25th Vic., upon which the indictment was framed. The words of the section were, "By drawing the trigger or in any other manner attempting to discharge," the mere fact of presenting the pistol was not enough, there must be some actual attempt to discharge it in order to support the present indictment.
MR. LEIGH contended that the Act of Parliament was transgressed when a loaded fire-arm, with the trigger and everything in proper order, was presented at a person.
MR. JUSTICE BYLES entertained considerable doubt upon the subject, and, after consulting MR. JUSTICE BRETT, expressed his opinion that the evidence was not sufficient to show an attempt to discharge the pistol, by drawing the trigger, or in any other manner. He would reserve the point, but for the fact of there being another indictment for an assault, which this evidence clearly made out.
NOT GUILTY .
PLEADED GUILTY — Six Months' Imprisonment, and to find Sureties for Twelve Months.
NEW COURT.—Thursday, November 25th, 1869.
Before Mr. Justice Brett.
MR. H. S. GIFFARD, Q.C., and MR. F. H. LEWIS, conducted the Prosecution; and MR. SERJEANT BALLANTINE with MR. DAY and MR. POLAND, the Defence.
LEWIS METER . I am living at Wells Street, Poplar—I was cook on board the Old England, which left Cardiff on 15th June—and was a ship of 1200 or 1300 tons—Bulman was the captain, and Helburn the carpenter—after leaving Cardiff the vessel was pumped every four hours, every watch, from the time we left—the pumping lasted fifteen minutes at a time—that continued for about a fortnight, after which she was pumped every two hours—I observed that the pumps sucked—I remember Saturday, 24th July, the day before the ship was abandoned—it was fair weather—the ship had been pumped every hour that day, for fifteen or twenty minutes—the pumps sucked, but they were not in good order—about 4 o'clock that afternoon we saw a Portuguese brig, and the captain went on board about 6 o'clock—the ship was pumped the last time at 8 o'clock—the third mate gave an order not to pump, but the captain was not present; he was on the poop—as far as I saw, the men were willing to pump—the second-mate, the carpenter, and two sailors, went on board the Portuguese brig with the captain—on Sunday morning, the 25th, about 9 o'clock, I saw the carpenter with a parcel under his arm, wrapped up—he went into the fore-cabin, and I asked him where he was going—he said, "Into the hold—I followed him—he went down the fore-cabin after-hatch, which is in the fore-cabin—the steward was with him—this (produced) is a model of the ship—the carpenter afterwards put the parcel on the deck to take the hatch off, and I then saw two augurs in it—I afterwards saw the carpenter in the hold, on the top of the cargo of coal—he had the parcel with him—I saw no water then—I was close to the bread tank, in the fore-cabin, and could see into the hold, because the after-hatch is in the fore-cabin—there are two hatches in the fore-cabin—the ship had a between decks, the fore-cabin was in the after part—I was in the fore-cabin, which is on deck—the afterhatches are in that cabin, and he took up the hatches, and went down into the hold—I said to the carpenter, "I believe the Old England don't leak no more; I don't see the water"—he said nothing—he was then in the hold, on top of the cargo—he called for the captain about half an hour after that, and I went to the captain, who was on deck, sitting on the rail, and said, "The carpenter wants you in the hold "—the captain went to the carpenter, and I followed him to the after-hold—he was away about four or five minutes, and then came back with the carpenter, who went to his work; I did not notice where, and the captain came on deck—about 12 o'clock I went down between decks, in the fore-hatch, and saw water in the hold, for the first time—it was between 5 ft. and 6 ft. from between decks to the top of the water—I went on deck, and told the carpenter, "Water; come quick!"—he answered, "Six," or "Sixteen inches?"—I do not remember which—I left the ship about 2.30, and went on board the Portuguese brig—I have been at sea about seven years—we had good weather all the way from England—the ship was floating when we left her, and as long as we could see her—I did not see the water in the hold after 12 o'clock—the Portuguese Captain came on board the Old England on Sunday morning, and I interpreted between him and our captain—I can speak a little Portuguese—the Portuguese captain asked me when we left pumping—I did not tell Bulman
what the captain said; but I old the steward to ell Mr. Bulman what the captain had asked, and the went to him, and brought back a message—when I was on board the Portuguese ship the captain asked me if our captain was sure the Old England had gone down—I told that to Mr. Bulman, and the said, "Yes; for when the left the ship there was 13 ft. of water in the hold. "
Cross-examined by MR. SERJEANT BALLANTINE. Q. Where did you ship A. In London—I was cook on board an English ship before that; and before I was a cook, I was a clerk to Mr. Bertue, in Lausanne, Switzerland that was in 1854—I left Switzerland in 1860, and went to Algeria, as a soldier, in the French army—they knew I was going—after that I became cook in a ship from Marseilles—I have had no quarrel with Captain Bulman—I made no complaint against him, except about scuttling the vessel—I have had no quarrel with him about the stores which were saved—the sold them, but I did not complain that the had promised me a share of what they sold for, and had not given it to me—I did say to Lloyd's agent that the captain old me to be careful with the water, and all the provisions that we had saved from the ship, which belonged to me, as well as to him—I also said that when we removed to the Isle of Salle the sold the whole, and no one ever saw the colour of the money—the Old England was asking out fuel to Point de Galle, and we should have had to go round the Cape if she had not been abandoned—the crew came up to the captain in a body, and represented that it would not be safe to carry the vessel round the Cape, and they could not go—that was two or three days before the ship was left—that was before we saw the Portuguese brig, and we had been a long time without seeing any vessel—I mean to swear that I saw the carpenter with a parcel—the steward and the captain were on board at the time I saw it; nobody else—it was a long parcel—the steward is a black man—the parcel was in canvas—he passed close to the galley, across my door, and the saw me—I had nothing to do with boring holes in the vessel—the carpenter took the parcel down into the fore—cabin immediately—when he put the parcel down the canvas came off—I do not know whether he saw me at that time, but I was near enough for him to see me—he was between the two tanks, and I was 5 ft. or 6 ft. from him.
MR. GIFFARD. Q. You gave a statement to Lloyd's agent, was that in French or English A. French—this (produced) is the statement I gave him—I old him what I have old you to-day.
COURT. Q. You say that about 12 o'clock on Sunday you saw water in the hold, 5 ft. or 6 ft. from the deck A. From the between deck; the water was not higher than the cargo—the cargo was in steps—it was 5 ft. or 6 ft. from the between deck.
JEREMIAH SPICER (a black.) I am a native of Baltimore—I was steward on board the Old England—we sailed from Cardiff on 5th June last—when we first started the vessel was pumped every four hours—I cannot remember how many days that continued—it was fine weather up to 24th July, and there was not much sea on—on 24th July we fell in with a Portuguese brig, and the captain went on board her—after that two kept on the some course as the Portuguese brig for some time—about 9 o'clock on the Saturday night a seaman named Hall asked the carpenter how it was they did not pump the whip—the carpenter said that it was all right—that was all I heard him say—I turned in about 11 o'clock that night, and turned out between 4 and 5 o'clock in the morning—I saw the carpenter in
the fore cabin between 8 and 9 o'clock in the morning—he had a canvas parcel, which the laid down on the deck, and I saw that it contained two augurs—he went below into the lower hold with the parcel, and the captain went with him—I do not know how long the carpenter was here, but the captain was there five or ten minutes—after that I heard a rush of water as if water was running in—I had not heard that sound before—the sound came from the lower-hold, near the place where I saw the captain and carpenter go—I did not do anything, or go to any officer of the ship and tell him that I heard water rushing in—there were three officers in the ship; the captain, the first mate, and the second mate—at the time I heard it a man named Hanlon, a seaman, was standing near me—he called my attention to it.
COURT. Q. Where were you A. Standing at my door, to the aft of the fore-cabin—I heard the rushing of water after that up to 12 o'clock—I did not see any water in the ship, for I never looked—the boats were ready for leaving the ship when I heard the rush of water—orders had been given for leaving the ship—when I turned out that morning I got my orders to lend a hand to pass the provisions out, to put in the boats, and we were passing provisions till after 12 o'clock—I had not packed up anything at that time, nor had the other sailors, that I know.
MR. GIFPARD. Q. Did the cook bring you a message to take to the captain? A. Yes—that the captain of the Portuguese brig wished to know at what time we left off pumping the ship—I gave that message to our captain, who old me to say, "that morning," which I did—this was about 9 o'clock on Sunday morning, the 25th—I thought it was not true, but I took the message—I never heard or saw any pumping that morning—this was after the captain and carpenter had gone into the lower hold, but before I heard the rush of water, which was about 10 o'clock—that was the only time the Portuguese captain came on board—I did not notice how long the stayed—this conversation took place a few minutes after the came on board.
Cross-examined by MR. SERJEANT BALLANTINE. Q. You say that the captain and carpenter went together to the lower-hold? A. Yes, the carpenter went ahead with the parcel, and the captain followed him—I saw the carpenter take up the augurs, and I have no doubt the captain saw him also—I did not see the cook at that time—he could have been in the fore-cabin without my seeing him—I have no right to disbelieve that the was there, nor yet believe it—I did not mention a single word to any human being about these augurs, till I came to England; not even to Hanlon, when the called my attention to the rush of water—I have remained in England ever since I returned, and am kept by the Salvage Association—I do not know that some of our sails were carried away, but I saw the sail maker mending some sails—there had not been rough weather—the sail maker had to work every day, except a few days, when the was sick; that was at starting—I did not see him in the fore-cabin at the time of the transaction about the augurs.
MR. GIFFARD. Q. Why did not you mention about the augurs? A. It was not my business; such things pass my notice; and if I am not asked, I say nothing about it—I have had 1l. 18s. a week from Lloyd's Salvage Association, that is, 18s. for my board, and 1l. to keep myself—I do not earn so much at sea—my wages are 4l. a month, but it costs more to live ashore—I am fed on board ship.
BERNARD HANLON . I was an able seaman on board the Old England—I have been at sea eighteen years—after the vessel left Cardiff, she was pumped every four hours first, and then every two hours—we began to pump every two hours after we had been about three weeks at sea, I think—we had fine weather—the last time she was pumped was 8 o'clock on the Saturday night, before we left her, on 24th July—the pumps sucked then at 18 in.—the ship drew about 18 ft., but I am not certain——she was a flat-bottomed ship, not a clipper—when we went to the pumps, at 9 o'clock, the second mate stopped us—he said, "What are you doing there"—I said, "We are going to give her a jog out"—he said, "Come away from there, and let the pumps alone"—we turned in between 2 and 3 o'clock on Sunday morning.
COURT. Q. When you were pumping every four hours, how long did you pump each time? A. From ten to twelve minutes—no report was made at 8 o'clock on Saturday night about the depth of the water—after we had been out three weeks we pumped every two hours, day and night; we used to pump, watch and watch—I do not know what water there was in the ship—I never saw a sounding—about a week before we left her we got to pumping her every hour—I do not know whether any examination had been made to see where the leak was, and I do not remember asking anybody; I might have.
MR. GIPPARD. Q. You turned in between 2 and 3 o'clock on Sunday morning—a little before you turned in did you sound the well? A. Yes—a man named Collins was with me—we sounded the port pump, and there was then, as near as I could measure, about 30 in. of water—that was about 2 o'clock in the morning, and she had not been pumped since 8 o'clock the previous night.
COURT. Q. Did anybody tell you to sound A. No—I did it because I wanted to see what water there was, and how the vessel stood, as I heard on Saturday night that we were going to leave her next morning—I did not think much of it—I turned in after that—I knew it would be a good spell to pump out the 30 in. of water, but that was nothing for such a ship as that—she might have gone round the Cape, but we could not tell what she might have done if we got a gale of wind—I did not tell any of the officers—I made no remonstrance about leaving the owner's ship—I did not tell the captain how much water I had found in the hold.
MR. GIFFARD. Q. Next morning, at 5 o'clock, were you sent by the captain to get out the boats A. By the captain and mate—that was to carry the provisions to the brig—I went down into the fore-hold about 8 o'clock to see the water there, but there was no water on top of the skin forward—I do not know what there might be aft—I went a couple of tripe between the Portuguese brig and the Old England with provisions, and after coming back from the second trip I heard water washing about in the lower fore-hold—I went into the lower-hold the first time, and the second time I looked down the hatchway and saw water there, washing about—it made a noise, as if it was a leak coming through somewhere, a gurgling kind of noise—I cannot say how high the water was in the fore hold, because it was washing over the keel—there was probably about 4 ft., but I could not say exactly how much—the gurgling noise seemed to come from aft—I went to the fore-hold to get a glass of grog, and heard much the same noise, only I could hear it louder there—I did not look into the after-hold—I was in a hurry, and I drank my grog and left—I left the vessel, for the last time,
between 2 and 3 o'clock, he water was gaining fast then—it was between 3 ft. and 4 ft. from he between deck, as near as I could say, but it was washing about—the between deck is about 15 ft. from the lower-hold—there was no bulk-head or division between he fore and after-hold, except round he pumps—the cargo was stowed fore and aft—there was no difficulty in finding men to work he pumps—they did not grumble at being made to pump—I have been in leaky vessels before—about the third day before we left her, and before we saw he Portuguese brig, all hands went aft, and one man asked he captain what he was going to do with the ship, and he said that he was going to Point de Galle—some of them asked if he had not better ask her in somewhere, and get he leak stopped—he said that he did not know any place to go into—I spoke then, and asked him if Pernambuco was not on the coast, and if that would not be a good place to go to—he said hat Ascension was he nearest port that he knew of—we left the poop then, and that was all that was said—I did not understand that he was going to put into Ascension—he did not say that he would go any where—after that I went to he pumps.
Cross-examined by MR. SERJEANT BALLANTINE. Q. Were you and the rest of the crew of opinion that remaining in the vessel was attended with risk? A. We wanted to put her in port and have the leak stopped—we did not like to go round the Cape with the vessel leaky—she was safe then, but I cannot say whether she would have been safe in a gale—if she did not make any more water than she did then, she would have been safe in a gale—I cannot say what a gale would have done with her—when the Portuguese brig hove in sight the captain called us all up—he did not ask us whether we would stand by the ship, but whether, if he Portuguese brig would ake us on board, we were willing to go, and I answered "Yes"—nobody said "No," that I heard—I thought the ship safe at that time, if she did not make more water and there was no more wind—mine was he first watch on Saturday night, from 8 o'clock to 12 o'clock, he starboard watch—I did not turn in when my watch was over, but wandered about the vessel—I do not mean that I was in the starboard watch, it was the port watch, the first mate's watch—I did not turn in because some of them were smoking and packing up their dunnage, their clothes—Michael Collins, who was in my watch, was with me when I tried the water at 2 o'clock—the pumps were not fitted with sounding pipes that ever I saw—we always sounded through the chamber of the pump—we drew the upper and lower boxes with pumping hooks—that does not take a great deal of time, you just have to drop the cap over and it is in working order again—I did that with both boxes and measured with a sounding rod which was hanging here—I started the job—nobody but Collins was with me at the pumps—I raised the lower box with the pump hooks single-handed, and put it all back again, but I do not think I put the upper spear in.
COURT. Q. Is his sounding the pumps an operation for an able seaman to do? A. Yes, I had seen the carpenter sound the pumps during the voyage, and, I believe, twice—I did not see him sound them on hat Saturday, or on the Sunday before leaving, but I was on the boat most all the morning.
MICHAEL COLLINS . About 9 o'clock, on the evening of 24th July, I went with Hanlon to pump, and the second-mate old us to go away, and not mind the pump—I did not see where he came from, but he went to the captain, who was on he poop—I recollect Hanlon sounding the pumps at
2 o'clock on Sunday morning—the sounding-rod showed 30 in.—the carpenter old me that he pumps sucked at 15 in.
Cross-examined by MR. SERJEANT BALLANTJNE. Q. Were here marks on the sounding-rod? A. Yes; I am sure of hat—I do not know the length of it; he feet were not marked on it, but he inches were.
THOMAS WILSON . I was a seaman on board he Old England—on the Saturday night before we loft her, I was at he pumps about 8 o'clock—they sucked—after hat I was at he wheel—I had no course given me, only to keep company with he brig; it was fine weather, and here was nut much sea—we left he ship about 4 o'clock on Sunday—the water was hen about half way up to the white streak outside—she was deep in he water, and seemed to be sinking—I cannot say he height of he white streak from he water when she was in proper condition.
DANIEL DAVIS . I am a labourer—I coaled he ship with patent fuel, which was appeared down towards he keel, fore and aft—she was not decked, and hey laid he fuel between he beams—there was a between-deck forward and a little aft.
COURT. Q. Do you understand ships? A. Yes; I cannot tell you what draught of water his ship had—from he bottom of he ship to the between-deck beams was 8 or 9 ft—I never measured he upper-deck—I should say hat was 7 ft. more; it is generally a foot less or he between-deck beams.
Cross-examined by MR. SERJEANT BALLANTINE. Q. Was here a quantity of coal for he use of he ship? A. Not before I put it here—I put twelve or fifteen ones right in he bows, between decks.
MR. GIFFARD. Q. You say he coal was between docks; was here anything to prevent a person who went down into he fore-hold from seeing the keel? A. Nothing.
HENRY TAILOR . I am a clerk in he office of he Registrar-General of Seamen—I produce he articles with reference to the last voyage of he Old England—Thomas Bulman was captain, and homes Helburn carpenter—the crew numbered about twenty-three—I also produce he articles of the same ship on her previous voyage; he captain and he carpenter were the same—I also produce he register of ownership of he vessel—Captain Bulman owns one-eighth.
ABRAHAM POPHAM . I represent he West of England Assurance Company—I produce a policy, dated May 17th, 1869, on he captain's effects, for 200l., for twelve months from he date of sailing from Cardiff—Mr. Hinson's clerk afterwards came to me and said, "You must hold hat policy over, we will do it from London to Cardiff"—the premium paid was six guineas—that is an ordinary amount for a captain's effects—I thought it rather large, and asked Mr. Ellii, who said hat he captain was part owner—I saw he captain after he loss of he ship, and said I thought it was a very stupid affair on his part, and a very bad job, and I said, "Worse than hat, losing your log-book, captain; what did you do with hat "—he said it was all done without a thought, and I think he said he gave it to he brig, and left it on board; I forget exactly—I had very little conversation with him—he said hat he thought a new log would look better than he old one, and I said I had rather have seen he old one—I have been a captain myself—he hen brought in a statement of his effects, which he had saved, but he brought no log at all.
Cross-examined by MR. SERJEANT BALLANTINE? Q. Do you know that the captain has insured for he same amount for several years'? A. No—I
never look a risk before—I hare only been here since January—I first asked Mr. Ellis for a list of he hangs—I believe he said here was nothing saved—I said he must make an affidavit, and hen he brought his list of the effects, upon which he claimed—that was after he examination before the Magistrate at Greenwich—Mr. Ellis is here.
MR. GIFFARD. Q. You say hat Mr. Ellis had claimed for he whole; did you see he captain at all about it? A. No—Mr. Ellis was his assistant.
COURT. Q. I see in he first policy he ship is valued at 4000l., and in I his policy at 3000l.? A. hat is often he case—taking her to be a ship of 1000 ones, built in May, 1859, 1800l. is not an over insurance, quite the contrary for hat age, build, and size.
Cross-examined by MR. SERJBANT BALLANTINR. Q. Do you know the captain? A. For thirty years intimately, he has been a seaman all that time—I know no man of better character—I have been a ship's captain myself—he has been a master fifteen or twenty years—there has never been any claim yet upon me as an underwriter.
GEORGE HERRING . I am a shipbroker—I chartered he Old England on behalf of the Messageries Imperialles—the value of he freight was about 1560l. or 1570l., one half payable after he sailing of he ship—the tonnage was freight—the whole freight insured came to 1580l., but he company did not effect an insurance, they ake heir own risk—the half freight was 772l. 10s.
Cross-examined by MR. SERJEANT BALLANTINI. Q. Had you known this vessel before? A. Yes, I chartered her on a former occasion for a cargo of teak amber—I did not know he captain personally, but he was in command of he vessel—she look a moderate cargo for her tonnage when she was lost.
ABRAHAM POPHAM (recalled.) I underwrote on he freight two policies for 500l., he woe for he voyage from Cardiff to Point de Galle—the value of such a ship depends greatly on her since, on where she was built, on her age, and on he market—I have not seen her—her value would depend on the hull—I have always heard her spoken of as a very good ship—I should think she was worth 4000l., but ships are depreciated very much—it depends on what is wanted, but I should say about 3l. a on, which would be between 3000l. and 4000l.
MR. GIFFARD to GEORGE HERRING. Q. Has any part of he freight been paid? A. One half was payable on he sailing, 772l. 10s., and the other half on he production of he certificate—there was 780l. to insure.
Witness for he Defence.
between six and seven years—he has invariably borne an upright honest character.
Cross-examined by MR. F. H. LEWIS. Q. Have you effected he insurances? A. A portion of them—I am not aware that there were other insurances on the ship—there were several owners, but we only effected insurances for two of hem, one of 550l. and one of 500l.—he did not act for all the ownenrs, and I do not know whether they are insured or not—he did not insure for Bulman, but for Peter Smith, the managing owner, and for Arthur Pardue—he also effected 500l. insurance on he freight for the owner's jointly.
COURT. Q. You are instructed by who to insure? A. By Peter Smith—he is ship's "husband"—it is on his account separately—he was in London at the time, and gave us verbal instructions.
MR. F. H. LEWIS. Q. Are hose he only policies you effected? A. 200l. the captain's effects, that is all.
MR. SERJEANT BALLAOTINE. Q. Did you know the captain was going out in the vessel? A. Yes—I have still a very high opinion indeed of his character.
JURY. Q. Do you think his effects were over insured? A. His effects were worth 70l. or 80l.; but he had 77l. worth of goods on board, and 44l. was for clothing—that is included in the 200l. policy on his effects.
COURT. Q. Do you think you can insure cargo on captains' effects? A. The policy states, "Captains' effects and goods," with the West of England Insurance Company.
Other Witnesses gave Bulman a good character.
— NOT GUILTY .
THIRD COURT.—Thursday, November 25th, 1869.
Before Mr. Common Serjeant.
MR. GRIFFITHS conducted the Prosecution; and MR. METCALFE the Defend.
JOSEPH BATCHELOR . I live at 116, Stanley Street, Pirnlico, and am an omnibus driver—on the 6th February a person named William Penny brought me this cheque (produced) for 12l. 10s.—he said, "Batchelor, I have come to pay you the 4l. 10s. I owe you; I have only a cheque, which I received from Colonel Craufurd, and when I got to he bank it was closed, and if you can give me he difference of it, it is all right"—I told him that I could not, for I had been out of employment sixteen months; but I said, "I will take you up to my butcher"—I took him to Mr. Croft, in Lupus Street, and asked him if he would be kind enough to cash it for me—he said, "Who is Penny; do you know him?"—I said, "I have known him twenty-five years as an omnibus driver "—ho said, "Where is he?"—I said, "Outside "—I brought him in—he said, "Well, this is Saturday, I am rather short, I will let you have 6l. 10s., and your 4l. 10s. will make 11l., and if he comes up on he Monday I will give him 1l. 10s.—I called at Mr. Croft's on the Monday and found he cheque had been dishonoured—I told him he had better keep it a few days, as perhaps he had overdrawn—he paid it through his bank, and it came back again—I have had to pay Croft he 6l. 10s.—I received a letter by post from Colonel Craufurd—this is it (produced)—it was produced before the Magistrate, and the prisoner said it was his handwriting—he also said the cheque was his (The cheque
was dated February', 1869, and drawn by R. E. F. Craufurd, LieunantColonel, upon Messrs. Cox & Co., for 12l., in favour of William Penny, or order, endorsed "William Penny." The letter, dated 8th April, 1869, stated that he had been disappointed in getting some money paid in to his account, and requested Mr. Batchelor to let it stand over for ten days, when he would call on him and settle it)—He has never written to me or paid the money since.
Cross-examined. Q. What is Penny? A. He was an omnibus coachman—how he came to owe me he 4l. 10s. was, I gave him a half-sovereign to put on a horse for he Edgware Steeple Chase; he got eight half-sovereigns to one; the horse won, but he never paid me—that was my first and last bet—he is what I should call a "Welsher"—I know Clinch, the livery-stable keeper—Penny was tried here, about three months ago, for robbing two people, in Upper Thames Street—he turned Queen's evidence, and got off.
THOMAS CLINCH . I am a livery-stable keeper, of Keppel Mews North, Russell Square—I produce his cheque for 10l., which I got from my daughter—I know a man named Penny—he hired a brougham of us by the week—I sent John Wood, he coachman, to drive it—I passed this cheque through my banker, and it was returned dishonoured—I took proceedings against Colonel Craufurd for the amount of the brougham, 26l. 2s.—I was unable to serve the writ—I did not try to serve it, it was in the hands of the officers.
Cross-examined. Q. Did Batchelor ask you to come and give evidence? A. A friend of Batchelor's, who endeavoured to find Penny, came to me—I do not know who employs the attorney in this case—my daughter manages my business—I never saw Colonel Craufurd until he was at the Police Court—I dealt entirely with Penny.
JOHN WOOD . I am a coachman, in the service of Mr. Clinch—I was employed to drive the brougham in question—Colonel Craufurd and Penny used to ride in it—Penny rode inside once or twice, and outside once or twice—once Colonel Craufurd said to me that Penny had made a mistake in his change, and given him a shilling instead of a sovereign, and he told me if I could get it he would give me a half-crown—I got he sovereign.
Cross-examined. Q. Where did you drive the brougham to pick up Penny? A. I generally met the Colonel and Penny at the Victoria or Charing-Cross Station, or Ludgate Hill Station—I did not drive Penny by himself—Penny was living in Bury Street, Bloomsbury—I went to his house for the sovereign, that was the only time—I last saw Penny, I think, about the 12th or 14th January—I drove the brougham eight days, from the 9th to the 17th January.
MR. GRIFFITHS. Q. You say you drove to Penny's house, were you told by any one where to drive? A. Yes, by the Colonel.
ANN CLINOH . I manage my father's business—I received this cheque On the 9th January, from Penny—he hired a brougham of us on the 1st January—he inquired about the price, and said he wished something extra charged, because Colonel Craufurd was a very rich man, and he wanted something to pay him for his rouble, as it was his option whether he went to St. James', or came to us for it—he said it was for Lieutenant-Colonel Craufurd—a bill was sent in to Colonel Craufurd at the end of the week—the bill was given to Penny receipted, and it was supposed to be paid for by cheque—I received 5l. 18s. 6d., and gave him the difference of the 10l. cheque—this
cheque was presented at our bank on the 16th, and returned—Colonel Craufurd kept the brougham till the 17th, and then said he should not want it the next day, but he would write what time he wanted it the following day—the coachman brought that message—I produce three letters received from him, and a bill for the hire of the brougham, amounting to 26l. 2s.
Cross-examined. Q. Penny proposed to charge the difference between your prices and the West End prices, is that so? A. Yes—I agreed to that because if we had our amount it did not matter to us—I knew the difference was going into Penny's pocket—I have charged for he brougham up to the 21st, because it was on weekly hire—I do not know exactly what the difference is between our own and West-End prices—I made out the bill from Penny's dictation—I do not know what he got out of it.
WILLIAM WARREN . I live at 29, Cloudesley Square, Islington, and am a cheesemonger, but now out of business—in December last I carried on business at 22, Everett Street, Russell Square—a man named Penny bought some goods of me, amounting to between 2l. 10s. and 3l.—he had previously dealt with me on two or three occasions—he did not pay for the goods—I gave him credit, because of his being in conversation with a livery-stable keeper, that lived in the same neighbourhood, whom I knew—Penny represented that he belonged to a firm of veterinary surgeons at King's Cross—on the 24th he brought us a cheque and borrowed a sovereign—he said I need not take the cheque, as it was Lieutenant-Colonel Craufurd's signature on it, and he would call on the Saturday and pay for the whole—on the 26th he brought a cheque for 7l., and I gave him 2l., which, after paying me what he owed me, left a balance of 1l. 2s.—he said he would call for it, but he never did—I paid the cheque to a wholesale firm, who paid it through their bank, and it was returned—I wrote to Penny, and he called to see me—he said he would be very sorry for me to think he was anything else than a gentleman, that Colonel Craufurd's pay was due on a certain day at Cox's, and if I went it would be paid.
Cross-examined. Q. Where was Penny living at his time? A. 18, Bury Street—I sent the goods there—they consisted of turkeys and geese—he said he wanted them for presents—I believe Colonel Craufurd was in the cab when Penny borrowed the sovereign, but I cannot be positive—when Penny called on me he said he hoped his arms would drop off if he did not pay me—I cannot say how long that was after the cheque was dishonoured.
JOHN THORN . I am a butcher, of Leadenhall Market—on the 28th November Penny was brought to me by a customer of mine, named Simpson—he had a cheque for 15l., and said he was too late for the bank, and as he wanted some money, a little cash would be of great service to him—knowing Mr. Simpson, I advanced him 10l.—he said he would come on the Monday with the 10l., and take the cheque back—he did not come, and on the Tuesday I paid it away in the regular course of business—it went through the bank, and was returned.
Cross-examined. Q. Who is Mr. Simpson? A. A corn dealer—he is not here—I have seen him many times since, but he has not paid me.
FREDERICK PAWSIT . I am clerk at Messrs. Cox's, the army agents—I know Lieutenant-Colonel Craufurd—he belongs to the Royal Artillery—he retired on half-pay four or five years ago, and he has had an account with us a little more than eighteen months—his half-pay is about 150l. a year, and that is subject to a reduction of 50l., which has to be paid to the Insolvent Debtors' Court—we received it from the Paymaster-General—he had
a cheque-book—I have not brought our books with me, but I can say he had no effects for three of these ceases—these cheques are all in the Colonel's handwriting—they were presented at Messrs. Cox's, and dishonoured—there was not sufficient to pay—the payments were made at the expiration of each quarter—I told him certain cheques had been presented and dishonoured, and requested him to discontinue the practice of drawing them.
Cross-examined. Q. How many years had the colonel banked with you when he was on full pay? A. Several years; I do not know how many—he has seen a great deal of service, and was in the Crimes—officers are allowed to overdraw occasionally, but not without permission—money has been paid in since these cheques were dishonoured—we had honoured his cheques in advance.
MR. GRIFFITHS. Q. Did he ever ask you for permission to overdraw? A. Yes; but not on these particular occasions.
NOT GUILTY .
PLEADED NOT GUILTY.
JOSEPH SMITH . I produce a certificate, dated 7th September, 1866, for burglary, after a previous conviction—I was present at the trial—the prisoner is the same man—he was tried in the name of Frederick Schleter.
GUILTY*.— Seven Year's Penal Servitude.
FOURTH COURT.—Thursday, November 25th, 1869.
Before Robert Malcolm Kerr, Esq.
58. MARTIN BIRMINGHAM (20), ALFRED BROWN (20), CHARLES HYATT (20), CHARLES AUSTIN (18), THOMAS DAY (18), and FREDERICK HOWARD (20) , Robbery, with violence, on William Thomas Brown, and stealing a chain and a pipe, his goods.
MESSRS. COLLINS and HUNT conducted the Prosecution; MR. WARNER SLRICH defended Birmingham and Brown, MR. COLE defended Austin, and MR. MONTAGU WILLIAMS defended Howard.
WILLIAM THOMAS BROWN . I live at 11, Lodge Road, St. John's Wood, and am a clerk in the City—on he evening of the 5th November I was on Primrose Hill with Thomas Moore, a friend—we were surrounded by a mob, and I received a blow on the hat—I saw Birmingham and Brown in the crowd—my friend came to my assistance, and I got away—they followed us—we made a run to get to the bottom of the hill, and we were followed by the crowd—one of the men ran at the side of my friend and said, "What is the matter, sir?"—I then saw him receive a blow—I did not see who struck it—I was dragged down on he ground, and I lost a gold albert chain and a meerschaum pipe—the chain was attached to my waistcoat in the usual way, and my coat was buttoned up—it was worth about 2l. 10s.—I do not know who robbed me—I saw Brown and Birmingham while the chain was being taken—Brown had hold of me all the time I was on the ground,
and he tried to take my watch—Birmingham was very busily engaged in the crowd, and I saw him repeatedly about me—the others were all with him—Birmingham tried to ake my chain from me, by snatching at it—he was taking an active part in the robbery.
Cross-examined by MR. W. SLEIGH. Q. What time was this? A. 8.30, on the 5th November—Birmingham was not taken into custody at that time, nor was Brown—I saw him afterwards in a public-house—I was fetched there to identify them by the of the constables—there was no name mentioned—Birmingham was in front of the bar with hill—I picked out Birmingham—I saw him and Brown first on the top of the hill—I don't know who the man was who asked my friend what was the matter—I said at the Police Court that Brown kept hold of me—I don't know whether it was taken down—my deposition was read over to me, and I believe that statement was there—there were about 200 people there that night—the crowd was on the side of the hill, not on the pathway—there are lamps down the pathway.
Cross-examined by MR. COLE. Q. You don't identify Austin as having assaulted you? A. No, I do not.
THOMAS MOORE . I am a medical student, and live at 11, Upper Berkeley Street—I was with the last witness on Primrose Hill—when we got to the brow of the hill I saw his hat knocked over his eyes with a stick—I did not see who did it—I lost sight of him for a moment, and when I turned round I saw him a little distance off, surrounded by a mob—I went and got him away, and we ran down the hill—when we were running Birmingham came behind and said, "What is the matter, sir?"—I did not take any notice, and then I received a blow on the head with a stick from Birmingham—it knocked me down—I lost my umbrella—when I got up I found some one's arms round my waist from behind—I put my hand down and saved half my chain—my watch and he other half was akin—I don't know who took it—I did not see Birmingham before he knocked me down—there were fire-works going on that night on Primrose Hill.
Cross-examined by MR. M. WILLIAMS. Q. they were burning the Pope, were they not? A. I don't know—we did not go near the bonfire—we were going across to a friends—we did not stop on the hill—there was a crowd on the top of the hill—there were very few near us, they came down from the hill, and then there was a great crowd—I only identify Birmingham.
GEORGE LILES . I live at Hereford Street, Lisson Grove, and am a smith—on the 5th November I was on Primrose Hill—I saw four of the prisoners there—Birmingham, Brown, Hyatt, and Austin—I saw Brown attempt to take Mr. Brown's watch out of his hand—Birmingham was trying to undo his coat—he had a stick in his hand—I did not see him use it—Hyatt and Austin were hustling him about on the other side—I did not see anything more.
Cross-examined by MR. W. SLEIGH. Q. When did you afterwards see the four prisoners that you speak of? A. After the prosecutor was rescued—they were going away from him then—after that I saw them on the Friday at the Police Court, in the dock, and I picked them out.
Cross-examined by MR. COLE. Q. What part of Primrose Hill was this? A. About eighty yards from the top, on the St. John's Wood side—I went to see the fireworks—I drew the attention of the park constable to the mob—I went before the Magistrate once, and that was on the Saturday—I made a mistake when I said it was Friday.
JOHN HORTON . I live at 7, Harawood Street, Lisson Grove—I went to see the bonfire on Primrose Hill, on 5th November—I saw Mr. Brown and Mr. Moore there—I saw all the prisoners there except Austin—I saw Howard take Mr. Brown's watch and chain—I saw Brown and Hyatt strike another gentleman on the head—they knocked Mr. Brown and Mr. Moore down, and dragged them to the bottom of the hill—I don't know who it was knocked Mr. Brown down—I could not see, for there was such a mob round—they were trying to get his watch out of his pocket—the prisoners were all round him—I knew them before, about the street—it was Brown and Hyatt who struck the young gentleman on the head.
Cross-examined by MR. W. SLEIGH. Q. You gave your evidence at the Police Court, did not you? A. Yes—I never heard it read over to me—I heard them talking about something; but I did not take any notice—I signed it as correct.
Hyatt. He can't say he saw me, it is only through spite. Witness. I have known Hyatt two years—I swear that he was there.
Cross-examined by MR. COLE. Q. There were several hundred people there? A. Yes—a great deal of fun was going on—this was about 100 yards from the top of he hill—I did not let any fireworks off—I was there about an hour and a half—I did not bonnet anybody during that time—I did not have any fun with he people round—I conducted myself in a quiet and orderly manner.
Day. Q. Did you see me there? A. Yes, and I saw you afterwards in Portland Town.
Cross-examined by MR. M. WILLIAMS. Q. Have you ever said before that Howard took the watch and chain? A. Yes—I am him take the watch and chain out of Mr. Brown's pocket—I said so before he Magistrate, on the first occasion—Howard was not in custody then—I said it on the second occasion as well—I have not had a quarrel with Howard—I knew him at the baths—I might have had two or three words with him there; but he brought hat up himself.
MR. COLLINS. Q. What were the two or three words about? A. For chucking persons in the water—that was the only time I had words with him.
JOHN PARKER (Park Constable 13). On the night of the 5th November I was on duty on Primrose Hill, with two other constables and the witness, Liles—I saw Mr. Brown and Mr. Moore there, and all the prisoners, except Howard—Day assaulted me with a stick, and knocked my that all to pieces—they all had sticks—there was a mob of two or three hundred—the prisoners were hustling Mr. Moore and Mr. Brown about—I ran up to Mr. Moore's assistance, and he said, "For God's sake take me away from this crowd"—I rescued him, and the mob followed us a little way—I was struck on the head when I went up to Mr. Moore—I was a little way behind him—another constable went up to Mr. Brown—the prisoners were all round him, and he was down on the ground.
Hyatt. Q. Why do you say you saw me, when I was not there? A. You were here—I swear you were there.
Cross-examined by MR. COLE. Q. there were a great many people there? A. Yes, and lots of boys, who had sticks with them.
Cross-examined by MR. M. WILLIAMS. Q. Were the five men nearest to Mr. Brown? A. Yes—I swear that—I had ample opportunity of seeing what ook place—I looked round and recognized all their faces, knowing them before.
CHARLES FLEET (Park Constable 12). I was with the last witness on the 5th November, on Primrose Hill—I saw the whole of the prisoners there engaged in attacking Mr. Brown and Mr. Moore, and robbing them—they were all armed with sticks—some carried them in their hands and some up their sleeves—they had Mr. Moore on the ground—they tore his waistcoat up—he said, "Save my watch; they have got my chain," and I caught hold of him and got him out of the crowd—the prisoners were all there, assisting.
Cross-examined by MR. M. WILLIAMS. Q. Did you ever say before that you saw Howard there? A. I took him into custody—I wad at the Police Court—I did not state hat I saw Howard there—I was close behind Parker—he got there first—I should have the same opportunity of seeing as the did—we were nearly close together.
MR. COLLINS. Q. You did see Howard there? A. Yes—upon the first examination before the Magistrate the was not in custody—I took him the same day I was examined—I was not examined afterwards.
JOHN BRAMBLEBY (Park Constable.) I was on duty, on Primrose Hill, on this night—I saw Mr. Brown and Mr. Moore there—I recognise all the prisoners as being there, except Hyatt—Howard kicked me on the left knee while I was down on the ground—I saw most of the prisoners actively engaged in pulling Mr. Brown about, and robbing him.
Cross-examined by MR. W. SLEIGH. Q. his was on the grassplat, at the side of the hill? A. Yes, twenty or thirty yards from the hill, on a sort of blind path—the lamps are on the paths, some distance away.
GEORGE FREDERICK CAUNT . I am inspector of the Regent's Park constables—I was on duty on the 5th November—I saw all the prisoners on the top of the hill, except Howard—they were throwing things in the fire, and throwing the fire about—I was not on the spot when Mr. Brown and Mr. Moore were robbed.
CHARLES TAFFERY (Policeman D 215). In consequence of information received I went with Parker, the park-keeper, to Lisson Grove, in search of the prisoners—I took Brown into custody, about 7 o'clock in the evening in Bell Street—he said, "You have made a grand mistake"—I afterwards went into a beer-shop, in Bell Street, and saw Birmingham and Hyatt inside—I went and fetched Mr. Brown and Mr. Moore, and asked hem to go in I and see if they could identify any one—they did so, and the prisoners were taken into custody—I was present when all the prisoners were taken—I was all day and all night after them.
Cross-examined by MR. W. SLEIGH. Q. Do you know the witness Liles? A. Yes, the was with me, and saw Birmingham and Hyatt in the public-house—he wont in after Mr. Brown and Mr. Moore—he was with Parker—I saw him at different times, and the left my company lots of times.
MR. COLLINS. Q. Did Liles go in with you? A. No—I did not go in with Mr. Brown and Mr. Moore—I stood outside, I would not go in, but I had been in previously.
Day's Defence. I went up at 6 o'clock, and there were no fireworks I came down and met he witness Horton, in Portland Town; he never saw me on Primrose Hill.
BIRMINGHAM, BROWN, HYATT, DAY, and HOWARD— GUILTY .— Eighteen Months' Imprisonment each, and Twenty-Five Lashes with he Cat,—
AUSTIN— NOT GUILTY .
59. HYPPOLITE LONGUAY (62), EMILE ANTOINE, (35), GEORGE CHRISTIENS (22), and ANDRE BERTHIER (63) , Burglariously breaking and entering the dwelling-home of Ernest Dorguin, and stealing ninety-two rings, fifty-seven brooches, and other articles, value 500l., the property of Benjamin Lee.
—BERTHIER PLEADED GUILTY .
MR. MOODY conducted the Prosecution.
The evidence was interpreted to the prisoners.
BENJAMIN LEE . I am a hair-worker and jeweller, and rent a shop of Mr. Dorguin, a confectioner, at 9, Baker Street—on the 25th October I looked my shop up about 8.30—when I went into the shop next morning I found it had been broken into, and all the valuable stock was gone—the place was in confusion, and all the fixtures and drawers in a heap on the floor—the swing fan-light had been taken down, and was lying in the shop—the opening was large enough for a man to get through—the value of the property stolen was about 500l.—I have seen a number of brooches and other articles of jewellery produced at the Police Court, and I identified them there,—I knew Berthier and Christiens—they were employed in painting and whitewashing the premises in the course of last summer.
ERNEST DORGUIN .—I am a confectioner, and live at 9, Baker street—between 10 and 10.30 on the 25th October I fastened up the doors of the house, and saw everything safe before I went to bed—next morning, from what I was old, I went down, and found the house had been entered—I missed a clock, a candelabra, a table-cover, and various other things, worth about 10l.—I employed Christiens and Berthier to do whitewashing for me last summer.
Christiese. Q. Did you have any Complaint to make against me? A. No.
GEORGE GEEA (Policeman D 184). On the morning of the 26th October I was on duty in Blandford Street, Baker Street—I saw Berthier and Christiens between 12.15 and 12.30—they were at the corner of Blandford Street, about sixty yards from Mr. Dorguin's house—I saw Berthier there again afterwards about 12.45.
Christiens. Q. Are you sure you saw me? A. Quite sure. MATILDA FOWLER. I live at 10, Gerrard Street, Shoe—I have lived with the prisoner Longuay about six years as his wife—on Tuesday, 26th October, about 8 o'clock in the morning, Berthier, Christiens, and Antoine came there—we were in bed—I got up and opened the door for them—Christiens had a canvas bag with him—I left them in the front room with Longuay while I went and dressed myself—I hen went back, and we had a cup of tea—after tea some articles of jewellery were placed upon the able—Longuay told me to go out and pledge them—I went out and pledged two rings at Hawes & Sons, in Cranbourne Street, and two or three rings at Mr. Clark's in Long Acre—these are the tickets—at Hawes' I pledged a ring for 2s., and one for 17s., and a thimble later in the day—I also pledged three rings in St. Martin's Lane at Mr. Fleming's place—those were all the things I pledged that morning—I went back to Gerrard Street—all the prisoners were there—I put the money and the tickets on the table—Berthier divided it, and kept the tickets himself—Berthier gave me a half-crown—I pledged the things in the name of Ann Matilda—on Wednesday evening Antoine came to my place, and I went with him and Longuay, and pawned four brooches at Bradington & Young's—those (produced) are the four brooches
and the tickets—they waited forme while I went in, and when I came out I gave the money and tickets to Emile Antoine—the gave Longuay 4s.—I pawned the things for a pound—I got nothing myself—on the Tuesday I pawned two things at Mr. Luxmore's, in St. Martin's Lane, and on the Thursday some brooches at the same place, and on the 27th I pawned another ring at Hawes'—these are the tickets.
Longuay. Q. Was any money given to me when it was divided? A. No, not after tea—a half-crown was given to me—4s. was given to you on the Wednesday, when you went with Antoine, and 4s. was given to me for the breakfast—I got 6s. 6d. altogether.
Christiens. Q. Was I present at any of these pawnings? A. No, you were not.
AMELIA COTTON . I am landlady at 74, Cleveland Street, Fitzroy Square—Chriatiena and Berthier lodged at my house—they worked as painters and white washers—I knew Antoine six or seven years ago—he used to work for me—he used to come with Christiens and Berthier, and I did not like him—Longuay used to come with a bag—Antoine used to sleep here sometimes, I am positive—on 25th October last Berthier and Christiens were in the house till 11.30 or 11.40.—I then heard them go out—they returned in the morning between 5 and 6 o'clock—it might have been a little earlier—I can't be quite sure.
Longuay. Q. Did you see me in the house on the 25th. A. I won't be sure—you had been here less than a week before—it may have been three days.
Antoine. Q. How can you say I ever slept there? A. I am positive, because sometimes you were not here at night, and I heard you go away in the morning.
Christines. Q. Did you see me come back in the morning between 5 and 6 o'clock? A. No, I heard you—there were no other lodgers in the house—I can't say whether there were one or two persons returned in the morning.
MR. MOODY. Q. Antoine was a very frequent visitor at your house, at all events? A. He was a frequent visitor.
WILLIAM WILDER . I am assistant to Messrs. Hawes & Sons, pawnbrokers, 15, Cranbourne Street—I produce a ring pledged on 26th October for 17s. and a himble pledged on the same day—they were pledged by the witness Fowler, in the name of Ann Fowler—on the 27th a ring was pledged in the name of Hyppolite for 2s.
ARTHUR WALLIS . I am assistant to Mr. Clark, 55, Long Acre—I produce two rings, pledged on the 26th October by the woman Fowler, in the name of Ann Matilda; also a writing-desk, some chair-covers, a brooch, and a bracelet in the name of De Lacy—I can't say for certain who pledged those, but the others I am sure of.
CHARLES SHAPLAND . I am assistant to Mr. Dobree, pawnbroker, Charlotte Street, Fitzroy Square—I produce a necklet, a brooch, and three lockets, pledged on 26th October by the prisoner Longuay, in the name of Hyppolite, 11, Jerrard Street, Soho—I also produce two brooches and a
necklet pendant, pledged on the 28th by Fowler, in he name of Jane Fowler, 11, Rathbone Place.
WILLIAM GEORGE RICH . I am assistant to Mr. Attenborough, pawnbroker, Charlotte Street, Fitzroy Square—I produce two scarf pins, a brooch, and three lockets, pawned on 26th October by Longuay—he gave he name of Hyppolite, 11, Jerrard Street—they were worth about 30s.
WILLIAM WIGG . I am assistant to Mr. Bravington, Princes Street, Leicester Square—I produce two rings, pledged on 26th October by Hyppolite, and, on the same night, a locket and two rings were pledged by Hyppolite—I knew him as a customer—I always supposed him to be a dealer—he gave his address 11, Jerrard Street, Soho.
ALEXANDER RAMOUSB . I am a gilder, at 35, Castle Street, Oxford Street—on 28th October, about 2 o'clock in the afternoon, Longuay came to me, and asked me whether I could regilt and repair a clock, candelabra, and two ornaments—I said I could—he went away and came back in about half an hour, with Antoine—Antoine brought he things in a bag, and they were left with me to be repaired—these are them (produced)—the police came to me afterwards and I gave them up.
Longuay. Q. Did I say, I did not want them at once? A. You said you were not in a hurry for them—I have known you fifteen years—I know nothing about you, either one way or the other.
GEORGE CLARK (Detective Inspector) From information I received, I went to 11, Gerrard Street, Soho, on Thursday, 28th October, with Inspector Hinds—we went to the front room, on the first floor—after remaining for a few minutes, Hyppolite came in and said, "What do you want in my apartments"—I said, "I want some explanation as to how you came possessed of the jewellery you pledged on Tuesday"—he said, "I have not pledged anything"—I old him I should search the room, and did so—I I found eighty-two pawn tickets—one of hem relates to property pledged at Mr. Clark's, 55, Long Acre, on 28th October, in the name of De Lacy, and another to a ring pledged at Cranbourne Street, on 27th October, for 2s.—I old him I should arrest him for being concerned in a burglary in Baker Street, he said he knew nothing about it, he was quite innocent—I took him into custody, and Hinds took Fowler—she was discharged after a remand—on Friday morning, as I was asking Longuay to he Police Court, he said, "I will tell you the truth, I am guilty of having the things, but I did not steal them, I have left some of the things at 30, Church Street, Soho, and if you go there, and ask Mr. Martin for the little box, the will give it you"—I found some keys on him—I went to Mr. Martin, and received a box from him, and one of the keys found on Longuay opened it—it contained a quantity of jewellery, twenty brooches, and other things, amounting to 100 small articles—I showed them to Mr. Lee, and the identified them.
THOMAS EDWIN HINDS (Police Inspector D.) I went with Clark to 11, Gerrard Street, and took Fowler into custody—I searched the room—I found a duplicate relating to a table-cover, pledged on 28th October—in, consequence of what Longuay told me I Went to Mr. Ramouse's, 35, Castle
Street—I found there the clock, candelabra, and the two chimney ornaments produced—I found a quantity of jewellery in Longuay'a room—it has all been identified—he gave me the address of Antoine, 33, Graces Street—I went there with a key that was found in the house of Mr. Lee, and it fitted the door of his house.
BENJAMIN LEE (re-examined). I found this key which has been produced, on my work board, on the morning of the 26th—it does not belong to me—it could have been dropped here, by a person leaning over the window.
GEORGE BROOKES (Policeman D 84). On Friday, 29th October, I was on duty, in plain clothes, in Gerrard Street, Soho—about 1.30 I saw Christiens go in to No. 11—he had his bag with him and a parcel—after the went in I knocked at the door, and was admitted by the landlady—I went on to the first-floor landing, and saw him—I asked him what the wanted, and the said he wanted to see Hyppolite—I said the was not in—I hen old him I was a police-constable, and I should take him into custody for a burglary at Baker Street—he said, "Not me, Hyppolite"—in the bag the was carrying I found twenty-four brooches, twenty-three lockets, and several other things, nearly 100 articles altogether—they have since been identified by Mr. Lee, as part of the stolen property—I also found twenty-three skeleton keys, two centrebits, a stock, eight common keys, four files, and a key-hole saw.
Christiens. Q. Are you sure as to the two rods I used? A. Yes.
JOSEPH SUMMERS (Policeman D 186). On Wednesday evening, 27th October, I was on duty in Gerrard Street—a little before 7 o'clock I saw Hyppolite and Antoine come out of No. 11—they went to a public-house in Little Newport Street—Hyppolite came out first, and went to Mr. Brown's, a pawnbroker, in Cranbourne Street, and offered some jewellery in pledge, which they refused to take, and said it was two Roth nothing—he joined Antoine again, and they went down to the Seven Dials, where I lost sight of them—on Thursday I saw Antoine go to 11, Gerrard Street, and come out with a parcel under his arm—it looked like a box, or something of that description—I lost sight of him in Little Newport Market—I took Antoine into custody on the Friday, for being concerned in the burglary at Baker Street—he said, "Very well, I will go with you quiet"—I went to his lodging, and found a brooch there, which has been identified by Mr. Lee.
T. E. HINDH (re-examined.) I went to Mr. Lee's after the robbery—I found an entry had been effected by the kitchen window, and then by going up stairs and taking out the fan-light of Mr. Lee's door.
Witness the Defence.
ANDRE BERTHIER (the prisoner.) It is true that these articles are the produce of the robbery—I old Longuay they were the articles of a bank-rupt in France—I made Fowler a present of the table-cover spoken of—Longuay is innocent, and knew nothing about the affair—I gave Antoine the brooch that was found—I old him the had been kind to me, and I
would make it a present to his wife—he has acted as interpreter to me on several occasions—he carried the clock to Mr. Ramouse for me—I can't account for the key being found in Mr. Lee's place—Christiens waft not with me on the night of the robbery—it was impossible that the could pass through the hole that was made—it was a young man who got in—he is an Italian—I saw Christiens go to bed in the evening, and I woke him up next morning—he knew nothing of the contents of the bag—I begged him to carry the two parcels on the day the was taken into custody.
LONGUAY— NOT GUILTY .
ANTOINE— GUILTY .
—He also PLEADED GUILTY to having been before convicted.— Seven Years' Penal Servitude.
CHRISTIENS— GUILTY .— Five Years Penal Servitude. BERTHIER.— Five Years Penal Servitude.
NEW COURT—Friday, November 26th, 1869.
Before Mr. Justice Brett.
MR. HARRIS conducted the Prosecution; MR. MONTAGU WILLIAMS appeared for Herring, and MR. BROMBY for Williame.
HERRING— GUILTY — Fourteen Years Penal Servitude
WILLIAMS— GUILTY of aiding and abetting. — Ten Years Penal Servitude.
THIRD COURT.—Friday, November 26th, 1869.
Before Mr. Common Serjeant
MR. KELLIY conducted the Protecution.
WILLIAM WELLER , I am a labourer, and live at 77, Minories—between 12 and 1 o'clock, on the 31st October, I was walking in the Whitechapel Road, a man came up to me and got into a conversation—he then chucked his right arm across my chest and threw me back, and two others caught hold of me by the shoulders—one of them took from my right-hand trowsers pocket a purse containing 21s., and the other from my left pocket a key of my street door—they ran away, and I caught the prisoner about four yards off, and gave him in charge—I hare no doubt the is one of them who attacked me—I never lost sight of him.
ALFRED WOODCOCK (Policeman H 60). I was on duty in Whitechapel, on Sunday morning, the 31st October—I heard cries of "Police!" at the corner of Osborn Street—I ran down here, and saw the prosecutor without his hat—he said the had been robbed—I said, "Do you know any of the party"—he said, "there is one of hem going up there in company with two women"—they were about twenty yards ahead, and the prosecutor was in front of me—there was no one near but the prisoner and two women—the prosecutor caught the prisoner—I asked him if the was sure the was the man, and the said, "Yes"—I told the prisoner he would have to go to the station with me—he said the had nothing at all to do with it—another constable then came up.
HENRY BURROWS (Policeman H 167) I was on duty in Whitechapel—on the morning of the 31st October I heard a cry of "Police I"—I ran in the direction of the cry, and saw the prisoner in custody of last witness—I followed close behind and the prisoner dropped Something from his
left-hand coat pocket, and I picked up his key (produced)—I took it to the station, and the prosecutor said it was his street-door key.
GUILTY .—He also
MR. STRAIGHT conducted the Prosecution; and MR. LILLEY the Defence.
JOHN WILLIAM LAKR . I live at 77, Whitfield Street, Tottenham Court Road, and am a drayman—I was present in 1858, at St. Panoras Church, when the prisoner was married to Lydia Allen—she was no relation of mine—I was one of the witnesses to the marriage—she is in court—after the marriage they resided somewhere in Camden Town—I forget the name of the street—I did not see them together after the marriage—I saw the prisoner a short time since.
PATRICK BRYAJR (Policeman L R 37). I took the prisoner into custody on this charge, in the Commercial Road, Lambeth, about 8 o'clock, on the 24th October—I old him I wanted him on a charge of bigamy, and he said he was not married a second time—Lydia Lewin gave me his certificate—I took it to the parish church, and it was afterwards put on the depositions of the Police Court—I compared it with the original entry, and it is a true copy—I also went to St. Philip's Church, Lambeth, and there compared a certificate of marriage between John King and Sarah Emma Page; that is also correct, and is attached to the depositions.
Cross-examined. Q. With reference to the certificate of marriage at St. Pancras, are you quite sure that you personally examined it with the original entry? A. I did.
SARAH EMMA PAGE . I live at 68, Commercial Road, Lambeth—I was married to the prisoner at the parish church of St. Philip's, Kennington, in October, 1865—he gave his name as John King, and said the was a bachelor—he courted me five months—during the time the lived with me he behaved very kindly indeed.
Cross-examined. Q. the was a good husband? A. Very, indeed—I had no property—I did not give him into custody.
NOT GUILTY .
MR. GRIFFITHS conducted the Prosecution.
FREDERICK FINCHAM . I am a French polisher, and live at No. 26, Ex-mouth Street, Hampstead Road—about 12.30, on the night of the 21st November, I went into a soup-shop, at the corner of Weston Street, Euston Road, to get a basin of soup—when I came out I had a purse in my pocket containing a half sovereign—I was suddenly seized by a number of young men, dragged round the corner in West Street, and thrown down—I was held down by my hands and legs whilst the others rifled my pockets—the prisoner was one of them—my waistcoat was torn, and my purse taken away.
Prisoner. Q. Were you not larking about with two bad girls? A. No, I did not fall down, I was thrown down.
FREDERICK MAY . I live at 7, Powis terrace, Netting Hill—I saw a lot of young men at the corner of West Street, bustling together, and presently I saw the old man forced down—I seized the prisoner, and held him till a constable came—he was on the ground, in a stooping position, near the prosecutor.
WILLIAM GIBBONS . I live at 6, Haydon Mews, Notting Hill—I was with the last witness on this night, and saw the old man on the ground—I heard him ask them if they meant robbing him, or what they meant to do—I made a rush at one of them, but lost him.
GEORGE BAMPFIELD (Police Constable F 210). On this Sunday morning I heard a row at the corner of West Street—I ran at once and saw the prisoner struggling violently with the witness May—the old man said he would give him in charge for stealing a half-sovereign and a purse—I found this part (produced) of the prosecutor's waistcoat on the ground.
GUILTY .—He also confessed to having been convicted of felony on the 4th of November, 1868.— Fifteen Months' Imprisonment.
FOURTH COURT, Friday, November 26th, 1869.
Before Robert Malcolm Kerr, Esq.
MR. LAMB conducted the Prosecution; and MR. STRAIGHT the Defence.
JOHN DIMMOCK . I am a constable in the Metropolitan Meat Market—I was on duty there on 21st October in the "F" Avenue—I received information, and saw a man take a sheep from a truck—he passed out of the gate of the market, where he was joined by the prisoner—there were about twenty-five carts standing in a row—they went to about the seventh one—the prisoner took the sheep off the man's shoulder, and placed it in the cart—I went up to him and said "Is that your sheep?"—he said "Yes"—I said, "Where did you buy it?"—he said, "At Bristow & Frost's"—I said, "What did you pay for it?"—he said, "4s. 6d. a stone"—I said, "Have you got a ticket?"—he said, "No, but I can get you one, if you like"—I then turned round to speak to the other man, but he was gone—the prisoner said "I will take the sheep back, if you like, to the shop with you"—I said, "Yes, I want you to do so"—on going back the prisoner said "I secured the sheep at Bristow & Frost's this morning"—I said, "Did you see it weighed?"—he said, "No"—I said, "Did you pay for it?" and he said "No"—I took him back to the shop and asked Mr. Frost if the prisoner had bought the sheep there—Mr. Frost said he had no recollection of him buying it—I took the prisoner into custody—the cart was brought to the station by another constable—there was a clod and a sticking of beef in the cart—the prisoner said he had purchased that at George Wright's.
Cross-examined. Q. What time in the day was this? A. About 8.30—that is a very busy time—Bristow and Frost are in a large way of business—the horse and cart was at the further end of the market, near the Metropolitan Railway.
THOMAS WARD FROST . I am a meat salesman, and carry on business at 70, in the New Meat Market—the dead sheep was shown to me by the last witness, and I identified it as mine—I saw a piece of beef at the station—that was also mine—I had not sold them.
Cross-examined. Q. You do a large business? A. Yes—there are five or six men in attendance.
The prisoner received a good character.
GUILTY .— Twelve Months' Imprisonment.
HOWARD PLEADED GUILTY .*— Five Years' Penal Servitude.
MESSRS. GRAIN and PAWSON conducted the Prosecution; and MR. GOUGH the Defence.
WILLIAM RICHARDS . I am in the employ of Messrs. Jay & Co., Regent Street—on Thursday, 5th October, the two prisoners came there, and asked to see some dresses—the dresses were brought, and the female prisoner consulted the male as to the cost, and whether he approved of them—after that the female went to the private room to have a dress tried on and the measurement taken—they chose two dresses, amounting to 38l. 6s. 6d.—they were ordered to be sent to 8, Bolton Street—the prisoner Howard gave me a printed card with 8, Bolton Street upon it.
PETER ARCHER . I am in the employ of Messrs. Jay's—on Wednesday, 6th October last, I went to 8, Bolton Street—I saw the prisoner Howard there—I asked him whether it was his intention to pay for the goods on delivery, or whether he wanted them on credit—he said, "I am not known to Messrs. Jay, and I shall pay for them"—the female prisoner was not present.
WILLIAM ROPER . I am porter to Messrs. Jay & Co.—on Saturday, 9th October, I took a parcel to 8, Bolton Street—it contained two dresses—I saw Howard there—I did not see the female prisoner—he gave me this cheque for 38l. 6s. 6d.—I handed it over to Messrs. Jay's.
MARGARET WEBSTER . I am landlady at 8, Bolton Street, Piccadilly—Howard came and took some apartments there on 29th September—in the evening he came with the female prisoner—they left on 9th October, about 9.30 in the evening—I received a week's rent.
Cross-examined. Q. Which week's rent Howard paid, I believe? A. Yes—he paid for everything.
WILLIAM BEACHEY (Detective Constable C). I apprehended Howard on a warrant at 27, Thome Road, Lambeth—the female prisoner walked out of the room as I went in—I told Howard I should take him into custody, and she said, "I am his wife; pray don't take him"—I found these goods there (produced).
Cross-examined. Q. She went to the station-house with him that night, and afterwards returned from the station-house? A. Yes—she was allowed to go away—she came to the station the next day, and was apprehended.
NICHOLSON— NOT GUILTY .
MR. STRAIGHT, for the Prosecution, having stated that the prosecutor had since died, the COURT was of opinion that the Jury could not convict without his evidence.
NOT GUILTY .
MR. HARRIS conducted the Prosecution.
MARIA MALONEY . I was present on the 8th August, 1851, when the prisoner was married to Jane Griffin—I produce the certificate—I have compared it with the register, and it is correct—it is about ten years since
I saw the prisoner—I have seen his wife since that—I can't exactly say when it was.
Prisoner. Q. Do you remember when it was you saw me? A. I can't exactly remember the year—it was at my father's house in Liverpool—that was the last time I saw you with your wife.
MARY ANN WOODS . I live at 13, Queen Street, Brompton—I was married to the prisoner at St. Giles's Church, Colchester, on 29th October, 1866—I was then a single woman—I met him at my brother's house—I knew him about twelve months—he represented himself as a bachelor—after we were married, I told him I had heard that he had been married—he denied it, and said he never had been—I received this letter from Jane Hewitt (produced). MART KITRICK. This letter is in my sister's hand-writing—I saw her write it in my house—(Read: "Liverpool, January 23rd. Kind Friend. I received your letter, and can personally inform you that he is a married man, and it is his wife that is writing to you. I was married in 1851, in St. Athanasias Catholic Church, Scotland Road, Liverpool, August 8th. I may say, my dear mother gave me 200l. as a fortune")—I received that letter after I was married—I lived with the prisoner for three years.
Prisoner to MART KETRICK. Q. How long ago is it since you saw your sister? A. Six or nine months since—she is in Edinburgh—I don't know what she is doing—she is not in prison.
MR. HARRIS. Q. When you say you saw the prisoner with your sister six or seven years ago, do you mean from the present time? A. Yes, I don't know when it was—I have lived all my life in Liverpool—I have been married fourteen years—I have a little boy about nine years old—he was about two and a half years old when the prisoner came with his wife.
Prisoner's Defence. I have not seen my wife for ten years. I went to Colchester, and this woman made me marry her. I throw myself on your mercy.
— GUILTY — Nine Months' Imprisonment.
MR. LANGFORD conducted the Prosecution; and MR. PATER the Defence.
HORATIO EDWARD NORFOLK . I live at 11, Coleman Street, and have an office on the second-floor—this clock (produced) is mine—it was safe in my office on 16th October—I missed it on Monday, the 18th—the prisoner had no authority to take it away.
Cross-examined. Q. You carry on business, I think, with a partner, as wine merchants? A. Yes—I have known the prisoner since January, 1854—he was then a clerk to Mr. Green—he was there some years—I have always thought him honest and respectable, or I should not have taken the ticket for the clock—his family are respectable—he is not a very strong-minded man—his great weakness is that he is too fond of rum.
JOHN EGAN (City Policeman 38). The prisoner told me he got the clock from a person named Wilson—I know Wilson—he was under my surveillance for some time, and at the time the charge was made I knew where to find him.
NOT GUILTY .
JOHN COCKS . I am a silkman, and carry on business at 19, Bennet's Hill, Doctors' Commons—on 14th October I left my office safe as usual, and on the following morning I missed two bundles of silk, of which this (produced) is part—it was worth about 50l.
Cross-examined. Q. How do you identify it? A. I know it by the twist, and also the way it is cut—it is very rarely cut in that way.
GEORGE VAUGHAN . I am a clerk in the service of Mr. John Lloyd, of Upper Thames Street—on Thursday, 21st October, the prisoner Dunn came there with a bundle of silk, similar to this—it was in brown paper—he asked me if he might leave part of it there, and he asked me for a piece of paper to put part of it in—he divided it—I gave him some paper, and he put part of the silk in that, and took the rest away in the brown paper parcel—on the afternoon of Friday, the 22nd, he came again—he asked for what he had left the day before; I gave it to him, and he went away—he came back the same evening about 6 o'clock—a policeman came there, and I heard him tell the policeman that he got it from a man named Wilson.
JOHN EGAN (City Policeman 38). On the night of the 22nd October I was called to the shop of Mr. Barker, a pawnbroker in High Street, Aldgate—I saw Cole there, and some silk was handed to me by the assistant—I asked Cole how he came in possession of it—he said a man named Dunn gave it to him, and that he was outside the shop—I asked him if he could point him out to me, and he said "Yes"—we went outside, and he said, "Dunn must have stepped it," or words to that effect—he said that Dunn had given it to him to pledge, and he was to earn a shilling by it—that Dunn lived at Hanover Court, Long Acre—that was where they both resided—I took him to the station, and he said that he went with Dunn to Mr. Lloyd's premises, in Upper Thames Street, that afternoon—that he remained outside and Dunn went in and brought the silk out, and asked him to pledge it—I then went to Mr. Lloyd's place and found Dunn there—I asked him if he knew anything about the silk—he said he did—that he had given it to a man to pledge for him, and that it had been given to him by a man named Wilson, who had gone to Dover—I then took him to the station—I showed him the silk, and told him he would be charged with stealing it.
THE COURT considered there was no evidence against Cole, and a verdict of
NOT GUILTY was taken; and MR. LANGFORD then examined him at a witness.
JOHN COLE . I am a French polisher—I lodge in the same house as the prisoner—about 130 lodge in the same house—on 22nd October he asked me if I could go to Upper Thames Street with him and earn a shilling—I was doing nothing at the time and I went with him—he went into Mr. Lloyd's and came out with a parcel—we went together to Bishopsgate Street, and he told me to go and pledge it for 14s.—he did not tell me where he got it from—I do not know a man named Wilson at all.
DUNN— GUILTY .— Twelve Months' Imprisonment.
OLD COURT.—Friday and Saturday, November 26th and 27th, 1869.
Before Mr. Justice Byles.
MESSRS. METCALFE and E. H. LEWIS conducted the Prosecution; and MR. WARNER SLEIGH the Defence.
JAMES FORD . I live at 85, St; John's Road, Hoxton—the prisoner lives next door to me, at 87—on the evening of 13th October, about 7.40, in consequence of smelling gas, I went next door (the prisoner's)—I found the shop-door on the jar—The prisoner is a wholesale boot and shoe maker—I saw a light in the shop, and rang the bell twice—I got no answer, and went and fetched a constable from the opposite corner—I went with him into the shop—I saw some wicker baskets with paper in them piled up against the wall—about 3 in. from the bottom basket I saw this rushlight (produced), with a piece of tape steeped in paraffin oil fastened to it—the tape went from the candle right into the bottom basket—it was connected to the candle by a pin through the tape—it was put through the bottom basket under the paper—I went over the house with the constable.
Cross-examined. Q. How were the baskets placed? A. Piled up, one on top of the other, and there was about the same quantity of paper in them as there is now—they were leaning against the wall—I saw the light before I actually perceived where it came from—you could not see where it came from before you opened the door—I saw the servant of the prisoner, a woman of the name of Jones, putting up the shutters about 5 o'clock, apparently shutting up for the evening, and after that I saw no one come out of the house, or anything taking place on the premises.
GEORGE TURNER . I was fetched by the last witness to 87, St. John's Road—I found the door open, and a small light burning in the shop—when I went in I saw those baskets and a rushlight on the floor—it was burnt down close against the tape—there was only one burner of the gas turned on in the shop, and that was alight—I blew out the rushlight directly—I went down stairs, and found the kitchen door locked—I went into the back kitchen—that was empty, except a lot of leather about the floor—I went into the sitting room—there was a gas chandelier there with three burners—two of them were turned on and neither of them alight—the gas was escaping—I turned it off directly—I found no one in the house—I examined the door of the house—there were no marks of violence upon it.
SAMUEL RAMSAY (Police Inspector N). I went to the shop about 9.30—I saw the baskets there—I found this piece of calico hanging over a rail, about 3 ft. above the top basket, and communicating with the top basket—it was unfolded two or three yards, and one part was on a cutting-machine—the rail was an iron one, for hanging boots on—the ceiling was about 2 ft. higher than the rail—a piece of tape was shown to me, it smelt of paraffin—I found some tape in the basket corresponding with that which was shown to me—that had not been steeped hi paraffin—upon looking at the papers in the basket I found some leaves of a Bible, and some leaves of a Waverley novel—I saw the prisoner when he came home, about 12.30—the whole family came with him—I said, "Do you know who was the last person who left this house?"—he said, "I was"—I said, "Did you leave the baskets in the same position they are now?"—he said, "I left them there, they are merely loose papers in them"—I said, "Did you leave a
candle alight on the floor?"—he said, "No"—I then said I wanted to go down stairs, for I found the kitchen was locked—I went down, and called out for the key—the daughter said she had locked it, and thrown the key in the back kitchen—I found it against the fire-place—I went into the front kitchen and found the gas escaping, and the place was nearly full—I went up stairs again, and told the prisoner that under the circumstances he must consider himself in my custody, upon suspicion for attempting to set fire to his place—before I went down stairs I asked him if he was insured, and he said, "No"—on going to the station he said, "I have paid a deposit, but I have not got my policy," and he remarked, "Why should I set my house on fire, I am earning 50l. a week?"—I searched him at the station, and found this receipt (produced) in his pocket (Head: "2nd September, 1869. Received from Mr. Russell, 10s., as a deposit on a proposed insurance for 700l., to be effected in the Sun Fire Office, from this date.—Signed, Thomas Lee")—that is written at the back of the card of "J. Russell, wholesale and retail boot and shoe maker"—when I examined the premises I did not see any trade books or wearing apparel—I looked in some boxes—I did not search very minutely—there was no food in the house, except some cold potatoes—I saw a lamp—there was some kind of oil in it, apparently—it was on the mantelpiece—the gas-meter was turned on—it stood under the shop window—when the prisoner came back, I was at a public-house about forty yards away, speaking to the publican—I could not tell whether the prisoner used his key or not to get in when he came back—I was too far away, and he was surrounded by his family—when I took him to the station he produced a key to his wife—he took it from his pocket, and also some money—I remarked to the prisoner that it was rather strange that there should be a Waverley novel amongst the paper, and the daughter said, "Oh, father, they were whole this afternoon"—the prisoner made no reply to that.
Cross-examined. Q. You have been examined before? A. Yes—I do not think I have ever said before anything about the daughter having said she threw the key into the back kitchen—there were some boots and shoes in the shop—I could not say whether the prisoner tried the door with his key or not—the constable was in the house at the time they went in—I asked the prisoner if he had left the gas turned on up stairs, and he said, "No"—he scarcely spoke at all after he came in—when I said I was going to take him into custody he said, "Very well"—the Misses Shipleys were not with him, I merely his own family and the servant Jones—he told me about the policy without any question on my part.
MARY ANN JONES . I am servant to the prisoner—I had been living in the house up to the time this occurred, with him, his wife, and four children—the eldest child is twelve years and the youngest eighteen months' old—there was no one else living in the house—on 13th October I went to the theatre with my mistress and all the children—we left at 5 o'clock—all went there except the prisoner—the gas was turned off at the meter before we went—there were some baskets in the shop piled up against the wall, one on top of the other—there was no candle on the ground—I left my master behind, cleaning himself—this piece of calico was hanging on the rails, but it was not unfolded—we left at 5 o'clock, and left my master there, with Mr. Perry—he is a friend of my master's—the prisoner came to the theatre about 7 o'clock—it was about eighteen minutes' walk to the theatre—he remained with us until we got back, 12 o'clock—the two Miss Shipleys went to the
theatre with us—we found the police in the house when we got back—there was no gas burning in the place when we went out—the shutters' were up, but the shop-door was not shut—there was some paraffin on the premises, which is used for the lamps for the machine girls to work by—it is kept in a bottle in the cupboard in the back parlour—there was a Waverley novel in the house, but Mr. Russell tore it up on the Saturday night to put up his work with—the baskets were brought to the house on the Monday, and were packed against the wall—this happened on the Wednesday.
Cross-examined. Q. Did your master open the door when you came back? A. Yes, be gave me the key to open it first, but I was carrying the baby, and he took it away from me, and went and opened it himself—we do not use any tape of this sort in the house—I have never seen any of it before—when I left the house the gas was left turned on in the kitchen, and in the sitting-room—I turned it off at the meter, but if the meter was turned on the gas would escape—it was not alight anywhere—we usually turn it off at the meter instead of turning it off at the taps—we used to use composite candles, but I have never seen a rushlight in use while I have been in the service.
MR. LEWIS. Q. Is it your habit to leave the gas on at the burners? A. Yes, and turn it off at the meter; no one told me to do it—my mistress and master knew I did that—I am still in their service—I have come from there to-day.
Cross-examined. Q. Did you go through the house, and take a list of the goods? A. I did—I did not look in the drawers.
PERCEIVAL BOWLES (Policeman N 284). I was in the house when the prisoner came home with his family—a knock came at the door—I was inside, and unbolted it—I said to the prisoner, "Why do you knock, when you knew your family were all out?"—he said, "I tried to open the door with the key"—I said, "You did not," and he never made any reply—he did not try the door when he knocked.
Cross-examined. Q. Were you called before the Magistrate? A. No, I had been standing behind the door from 8.30, except when I went to the station—I had been waiting for them to come home.
THOMAS LEE . I am an estate agent, at 243, City Road—I am the son of one of the agents for the Sun Fire Office—on 2nd September, the prisoner came to my office, and I took down from him the items as they now appear in the books (Read: "John Russell, 87, St. John's Road, stock and utensils in hand, including press, and binding and stamping machines, and other things, 400l.; furniture, &c., 240l.; china and glass, 15l.; pictures and prints, 15l.; musical instruments and printed music, 30l.; making a total of 700l")—he paid me 10s. on account, and I gave him this receipt, on this cord, for this reason, I told him I was without our usual printed receipt—he said he was only going to pay a deposit of 10s.—I said, "If that is the case, I will give you, if you like, a receipt on the back of your own card," and I did so—that 10s. was part of the premium—the premium on 700l. would be about 1l. 8s.—4s. per 100l.
Cross-examined. Q. Does that receipt say that he is insured from this date? A. Yes, the office would be liable for the whole 700l.—I don't remember the prisoner asking for a prospectus when he came in—I won't
swear that he did not—I did not suggest the deposit—I should have done so; it is our business, but Mr. Russell said, "I will leave 10s. on account"—when a person comes to insure it is our duty to make him or her divide the items, under different heads—a surveyor is supposed to call and see the goods—that is at the discretion of the office—to my knowledge I did not tell the prisoner a surveyor would call and value the goods—I said I would send the instructions to the office.
MR. METCALFE. Q. Your duty is to take instructions, and send them on to the office? A. Yes; and then the surveyor colls at his discretion.
FERDINAND EILOART . I am surveyor to the Sun Fire Office—on the morning of 19th October, I went to the prisoner's house—I went over the goods there—from what I saw I should not have allowed a policy to have issued for 100l.—the first-floor front room was furnished, and one bedroom up stairs had two beds, a chest of drawers, and some chairs—there was a mattrass rolled up on the floor, in the back room top-floor, and that was all the furniture there was.
Cross-examined. Q. You did not open the drawers? A. I did not—there was only one chest, and I did not open that or the boxes—the office it liable to pay the whole amount insured forks, if the fire occurs the next morning—my report to the office was that I would not give 100l. for all the things in the house—I did not count the number of machines in the place—I took it out in money.
MR. METCALFE. Q. You have been surveyor to the office twenty-five years? A. Not to the "Sun"—I have been in practice twenty-five years, Witnesses for the Defence.
JOSEPH PERRY . I live at 55, Englefield Road, Islington, and am a retired tradesman—I was formerly a wholesale shoe manufacturer—I have known Mr. Russell twenty-five years—I always found him an honest, hardworking man—he is an intimate acquaintance of mine—on this day I was at his house, about 3 o'clock in the afternoon—I always used to call on him once or twice a week—I was with him from 3 o'clock, with the exception of a quarter of an hour, about 5 o'clock to 6.57—he left me about 4.30 to go and clean himself, to go to the Britannia Theatre—during that time I had a glass of ale at the public-house, facing where he lives—he joined me there at 5 o'clock—I wished him "Good night," and went away for a quarter of an hour—I then found I had left my carpet-bag and two lasts behind, and I returned back to the house—the prisoner was there—the shop was shut—I rang the bell, and he opened the door—he had his hat on—I told him I had left my bag and the lasts, and we went into the shop to look for them—I had a pair of trowsers in the bag—the lasts were not in the bag—we looked for the lasts, but could not find them, and I said, "We had better light the gas"—the meter was under the window of the shop—he turned it on and lit one jet—we found one pair of lasts and the bag, and I took them away—we were about twenty-five minutes looking for them—we went out to have a glass of ale—the prisoner shut the door, and locked it—I did not see what he did with the key; put it in his pocket, I suppose—I did not see a piece of rushlight on the floor, near the baskets, when we left the house—I never saw it or thought of such a thing—after we came out of the public-house the prisoner said he did not care for sitting so many hours in the theatre—I was going down Shoreditch, and he walked with me—we went down Pitfield Street and Shoreditch, to Hoxton—when we got to the theatre I took my watch out and said, "It wants three minutes
to 7, you had better go in, for they will wonder what has become of you"—I shook hands with him, and left him there.
Cross-examined. Q. You went to the shop at 3.30, I understand? A. Yes—he was then having a glass of ale, and I went over to the public-house to him—we remained there till 4.30—I had a bottle of soda-water, and he had a glass of ale—we played at skittles—he went away to dress about 4.30, they were going to leave home at 5 o'clock—if it had not been for leaving the bag I should not hare gone back again—he came back to the public-house after he was dressed—I bade him "Good night" directly, and left him in the public-house—I went back to his house about a quarter of an hour afterwards—the shop was shut, and the family had gone some time before—the prisoner had his hat on ready to go out—when we left the house again he had another glass of ale—I had some soda-water again—we remained there about ten minutes—we came out of his shop both together—we left the gas alight when we came out, that was done intentionally—it was what I should have done myself—it was my suggestion that it should be left alight—I think I said, "Leave that alight, I think it will be safer"—I saw him turn the gas on at the meter—I did not smell any gas at all—we were only in the shop—it was about 6.5 when we left—I can't say exactly—I noticed some baskets against the wall—they were in their usual place—I did not smell any paraffin—we did not hare any candle—we could see well enough by the gas—I do nothing now—I did lend money; but I lost 700l. in five years, and I gave it up—I hare lent money to the prisoner, as a friend—if he asked me for 5l. he would have it, or 10l.—he owes me a few pounds at this time; about 10l.—not more, on my oath—he had that before this affair happened—he paid me 20l. the week before—I did not know that he was not paying his rent—it was not time to pay it then—he has been seven, eight, or nine months in this house—I can't say exactly, I am sure.
MR. SLEIGH. Q. Did you know of his ever having been insured before? A. He never was insured before—I have often pressed him and he never would be—I have been in the habit of visiting him at all times—the baskets have generally been piled up against the wall—they are lined for packing boots in—I did not smell any gas escaping—I think the door was shut between the shop and the house—I don't recollect—I have lent the prisoner money hundreds of times, and he has always repaid me—he paid me 72l. 10s. about two mouths ago—he has got three machines in his shop, which he keeps at work.
ELIZA RUSSELL . I was called as a witness for the prosecution at the Police Court—I am twelve years old, and am the prisoner's daughter—on 13th October I went to the Britannia Theatre with my mother and the rest of the family, except my father and Mary Ann Jones—my father came to the theatre afterwards, about 7 o'clock—the performances had commenced at 6.45—the baskets produced used to be put on top "of one another aquarist the wall—they usually contained paper of any sort—my father was taken in custody after we came home that night—he had not left us till we left the theatre to go home.
Cross-examined. Q. Were there several baskets, or are those the only baskets kept in the shop? A. There were several others—they were kept with these generally, but the others were kept down stairs—these were always up stairs in the day as well as at night, and always piled up—three workpeople were employed in the shop, Miss Thompson and two others—the baskets always had paper of some kind in them—a Waverley
novel was kept in a cupboard in the shop—the cupboard is not under the window, it is like a case, at the side of the shop—I read that myself—I do not know when I last saw it—I did not say to the Inspector that it would turn up afterwards—I said it was whole when I last saw it, but I did not say that I had seen it whole on that afternoon—I do not know when I last saw it—the Bible was kept in the same cupboard sometimes, sometimes up stairs—I do not know when I last saw it—we had no Bible with leaves like this—I have not seen the Waverley novel since the fire—Perry was not there when I went out, I saw him once in the afternoon—my father was at home when I left the house, but I do not exactly know where—Perry was not in the house when we left—I do not know how long my father had been there when we left—he took tea with us just before we left, but nobody else.
MR. SLEIGH. Q. Did you state at the Police Court about the novel? A. I said that it was whole when I last saw it, but that I did not know when that was—I also said that I did not think these were the leaves of our Bible—we have two Bibles; but the other has the cover torn off, and some leaves torn out—my father buys his waste paper—it is used to pack the work with.
ELIZABETH SHIPLEY . I am single, and live at 5, Charter Street, Bethnal Green—I do work for the prisoner occasionally at my home, as a machine hand—I know that a ticket was taken for the Britannia Theatre, Hoiton, two or three weeks before this—I knew of it two or three weeks before—my sister also works for the prisoner, with me at our home—I went to the Britannia Theatre on 13th October, with Mrs. Russell—I did not go from their house—I met them outside, and went in with them, and Mr. Russell came afterwards, about 7 o'clock—he did not leave our company from 7 o'clock, till the performances were over.
Cross-examined. Q. Did all the hands leave that day earlier? A. I do not know, I was not there—Miss Thompson works there—she did not go with me to the theatre.
CHARLES HENRY COPP . I am an auctioneer and estate agent, of 116, Culford Road, De Beauvoir Town—on 19th November I made a valuation of the goods, stock, and furniture, at the prisoner's house, St. John's Road, Hoxton—this is it (produced)—I valued each thing separately, and put a price on each, excepting the drawers and trunks, which were valued piece by piece, and then put in as a whole—the total is 219l. 6d.—a description of property was given to me by Mrs. Russell, as having been taken off the premises independently of what I have taken—I have valued that separately—the 219l. is all that I actually saw and valued—to the best of my judgment that is a fair and proper valuation—the front room first-floor was nicely furnished—the furniture was very good—there was a cabinet piano-forte, and some engravings in gilt frames; a gilt looking gloss, some carved mahogany chairs, and an ottoman—I valued the stock at over 100l., and I think it was a fair and proper stock for a shop of that size.
Cross-examined. Q. Does that mean taking into consideration what you saw, or what you were told had been removed? A. What I saw; it being a business of that sort which is going out and coming in—I did not go to see the other goods which I was told had been removed—I made a separate account of them entirely from what I was told—it amounts to 90l.—they were removed to suit convenience previous to inventory being taken—I was told in some instances where they were removed to—here is a cutting
machine valued at 35l.—the party who it was had of had not been paid the whole amount, and he claimed it in virtue of the debt, as being on the premises at the time of the fire—I did not go to see it—it was my business to value that which I saw only—I believe these "shirts, blankets, writing-desk and tea-caddy" were pawned after the fire, because there was no business going on—the account given me was that this chest of books belonged to a brother-in-law who was living with him at the time, and who left, and took his books with him—these "sixes of kid" are work given out to the manufacturers—this silk is used in the sewing machine.
JURY to MARY JONES. Q. Who turned the gas off before you went to the theatre? A. I think I did.
The prisoner received a good character.
— NOT GUILTY .
MR. W. SLEIGH offered no evidence.— NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
MR. POLAND conducted the Prosecution.
WILLIAM BLEACH . I am staff-sergeant of pensioners of the Woolwich division—I enroll men for the Army Reserve Force—on 5th November the prisoner came to the Pension Office, Woolwich, and produced this paper, saying that he wished to be enlisted in the Army Reserve, and that his name was George Faulklaud—it is the practice for me to enroll men who have been discharged, if they are under the age of thirty-four, which he is—I asked him his age, found the certificate, and sent him to the doctor—on his return, I asked him if he was enrolled already—he said, "No"—I said, "If you are you will be severely punished"—I then referred to the attesting books, and found that a George Faulklaud was already enrolled—I then held his papers up to the light, and found that there had been an erasure in the name and date—I told him that I thought I knew him, and that he was George Faulkland—he said "No"—I sent for a policeman, and he opened the door and ran away, but I gave him in charge—the money paid on enrolment is 1l. 12s.
JOSEPH HENRY SCRIVENER . I am a sergeant and clerk in the Adjutants' Office, Royal Marines, Chatham—on 1st November I prepared this certificate—it is dated November 1st—the name in it then was George Faulkner, 1861, which has been altered to George Faulkland, 1865—it was sent by post to 9, Horseferry Road, Westminster—no such man as George Faulkland was discharged on that date.
HENRY RICHMOND . I am a staff-officer of pensioners, at Deptford—I knew George Faulkner in the Army Reserve Force—he has received his bounty—the prisoner is not the man—I have seen the prisoner at my office—he was enrolled in my district, and has received his bounty from me, and a man is not entitled to receive it a second time, it is a fraud.
Prisoner's Defence. I do not belong to the Deptford division of the Army Reserve at all, though he has seen me there. I did not alter the discharge, for I cannot write. It was a man belonging to the marines.
GUILTY — Six Months' Imprisonment.
Before Mr. Common Serjeant.
MARTHA BULFORD . I am the wife of John Bulford, who keeps an eating-house at 42, Bereaford Street, Woolwich—on the night of the 11th instant the prisoner and two other men came in—two of them ordered some soup, and paid for it, and then the prisoner ordered some, and he said it was paid for—I went and asked my husband, and he said it was not—my husband tried to take it from him, and the prisoner threw it over him—my husband went to look for an officer, and while he was gone the prisoner went into the parlour and took this coat off a nail—I was standing at the shop-door—I met him at the parlour-door with it in his hand. I said, "What business have you in my parlour? you have stolen that coat; I will give you in charge," and he swore at me—he dropped the coat and went out—I afterwards went to the police-station, where I saw the prisoner—I said, "That is the man who took the coat; I have no doubt at all that he is the man."
THOMAS BUTT (Police Inspector R). I was called by last witness's husband to take the prisoner into custody for stealing a coat—he was in the company of eight or nine others, and they were about to fight—I took him to the station, and Mrs. Bulford came a few minutes afterwards, and saw him—he was sober.
Prisoner's Defence. I have used this house ever since Mrs. Bulford had it, and before that; I know nothing about the coat. A man with a white jacket on looked into the parlour, but did not go in; I never saw the coat.—The prisoner received a good character— NOT GUILTY .
Before Mr. Justice Byles.
MESSRS. POLAND and BEASLEY conducted the Prosecution; and MESSRS. STRAIGHT and KELLEY the Defence.
JAMES WAUGH . I am a bricklayer, and live at 7, Little Suffolk Street, Borough—the prisoner lodged in my house, and the deceased, Sarah Ann Wright, lived with him as his wife—he is a shoe maker or a shoe finisher by trade—they had a little boy about eighteen months' old—they occupied the first-floor back—Mrs. Harper occupied the front room on the same floor, and I occupied the two lower rooms, sleeping in the front one under Mrs. Harper—they had lived there about twelve weeks—on Saturday afternoon, 25th September, about 4 o'clock. I saw the prisoner at his window—then deceased was standing in the yard washing—the prisoner spoke to me, and said, "It is a nice day, Mr. Waugh"—I said, "Yes, it is; but it has
been very warm"—I saw no more of him till I saw him at the police-station—about 12 o'clock that night I heard some one come into the house—I was not in bed, I was in my room—two persons came in together—they let themselves in with a key, and went up stairs into the prisoner's room—I heard the door shut—everything was then quiet till about 4 o'clock—I had gone to sleep, and was aroused by hearing the scream of a female—it appeared to me to come from the prisoner's room—I got out of bed, went to the foot of the stairs, and called out, "Martin, what is all this about? we are hard-working people, and we want to go to sleep when we go to bed; in fact, I won't have it"—I then went back to my own room, and went to bed again—three or four minutes afterwards I was disturbed by a knocking over my head—I had heard some one go out and shut the door, and as soon as the door was closed I heard the knocking overhead from Mrs. Harper's room—I opened the door, and Mrs. Harper said, "You had better come up stairs, for I think something is the matter, the child is crying so"—I put on my trowsers, went up stain with a light, and knocked at the door—there was no answer—I did not stop half a minute before I opened it, and there I saw the body of the deceased lying on the floor with her throat cut—her head was towards the foot of the bedstead close to it—the child was on the bed—I ran down stairs, put on my jacket, and ran to the station to give information—I was not above two minutes going there—I saw the prisoner there when I got to the station, and I said, "That is the man that has done it"—he was sitting on a stool in the station-house—he heard what I said, but made no answer.
Cross-examined. Q. I believe you are out at work during the day? A. Yes—I generally went out at 6 o'clock, before the prisoner went out—he and the deceased lived on very good terms—they all seemed very quiet and friendly—I did not notice any change in his manner during the latter time; in fact, my wife and I were away nine months out of the time minding a gentleman's house—Mrs. Harper's room is next to the prisoner's—her husband lives with her, and a son about fourteen years of age.
ROSE HARPER . I am the wife of Edmund Harper, and live at 7, Little Suffolk Street, in the front room, first-floor—I had lived there about twelve weeks, all the time the prisoner and the deceased lived there—on Saturday, 25th September, I saw the deceased about 4 o'clock in the afternoon as I came home from my work—she passed me going through the passage—I never saw her alive afterwards—I went to bed that night between 9 and 10 o'clock—I heard nothing in the night—about 4 o'clock in the morning I was aroused by Mr. Waugh calling out at the foot of the stairs—I heard nothing from the prisoner's room at that time, but about five minutes after Mr. Waugh had left the stairs I heard Martin open his door and run down stairs—I did not see him—he ran through the passage, opened the street door, and shut it again—I heard the baby cry, which was unusual at that time, and I got out of bed, and knocked on the floor, so at to disturb Mr. Waugh—I had my door ajar, and he said, "Oh dear me? he has killed her"—I did not go into the room then; I did afterwards, when the police came.
Cross-examined. Q. You have a son, I believe? A. Yes—he is here—I was not with him and others in the prisoner's room on the Monday prior to this.
JURY. Q. Was the prisoner always considered a person of sound intellect? A. I don't know, he was as far as I knew him to be.
JOHN POTTER (Police Sergeant M 7). On Sunday morning, a little after 4 o'clock, Mr. Waugh came to the station in Stones End—the prisoner was there at the time—I did not see him come in—Mr. Waugh said, "That is the man that has done it"—the prisoner made no reply—he had come in on his own account, I believe—I then went to 7, Little Suffolk Street, to the first-floor back—I saw a child on the bed, naked, and smeared all over with blood—there were two pools of blood in the bed, towards the foot and the side up the wall was smeared with blood—the deceased was lying on the floor on her left side, with her head towards the foot of the bed, quite dead—she had the loose skirt of an old dress thrown over her head so as to conceal the state of the throat—she was naked, with the exception of her chemise—another sergeant came in at the time—the prisoner was completely dressed when he came to the station; trowsers, coat, boots, and everything.
Cross-examined. Q. You were not present when he came to the station? A. No, I came in a minute afterwards—he was very quiet—he made no answer whatever to what was said; in fact, he did not say a single word.
WILLIAM GEORGE CAPON (Police Sergeant M 17). I accompanied Sergeant Potter to the prisoner's room, and saw the deceased lying there—I examined the room, and found these two table knives covered with blood and wet—both appeared to have been recently sharpened, and on one was a portion of hair resembling the prisoner's whiskers—I found that the deceased's throat was cut from the right side right round to the left, and the tendons of the neck were then moving—I afterwards assisted in taking the prisoner to Guy's Hospital—I asked him what his name was besides Charley—I knew him by that name—I have known him in the Borough for some time—he said his name was Martin—he was very calm and perfectly sober—he asked me to go and tell his children—I asked him where they lived—he told me at No. 50, Red Cross Street, Borough—I found them there—the elder daughter is in service—she is about seventeen years of age—there is a boy about fourteen, and three younger children.
Cross-examined. Q. Have you always known him as an honest, hardworking, industrious, peaceable man? A. I know nothing whatever against him—I have known him to work for Mr. Bowden, a shoe maker, in Union Street, Borough, and several other shoe makers in the neighbourhood—when he told me his name was Martin, he took hold of my hand and told me to go and tell his children—they were about three minutes' walk from where this took place.
WILLIAM MORTON (Police Inspector M). I was at the station when the prisoner came there, about 4.25—I noticed that blood was issuing above the wrapper that he had round his throat, and I saw that his throat was cut—I asked him how it occurred—he said, "I don't know"—I asked where he lived—he said, "I don't know"—I asked whether he was a married man—he said, "I don't know"—I directed him to be taken to the reserve room, and sent for a medical man—directly afterwards Mr. Waugh came into the station, and said that a murder had been committed in Suffolk Street, and turning round to Martin he said, "That is the man who has done it, his name is Martin; he is a lodger of mine"—the prisoner made no reply—I sent officers to the house—a surgeon Afterwards came and examined the prisoner, and he was taken to Guy's Hospital, at his recommendation—he was perfectly sober.
Cross-examined. Q. Did he come in through the door from the street up
to your desk? A. He did—after I had asked him these questions he sat down on a form in the reserve room—he appeared very quiet indeed—I had not known him before—I don't know whether he was in work at the time.
JOHN SLEEMAN . I am a general practitioner, and live in Southwark Bridge Road—I saw the body of the deceased on the Tuesday after the murder, at the request of the coroner—Mr. Teresa, my assistant, had been previously sent for—he is not a regularly qualified practitioner—I found a large wound in the throat, extending from the angle of the jaw, on the left side, to the spine on the right, right round the neck, cutting through all the structures, down to the spinal column—death must hare been instantaneous—there was a small wound, not very deep, on the upper part of the left breast—I think that must have been done by a stab with a knife—it was not at all a dangerous wound—there was an incised wound on the index finger of the right hand, extending from the second joint nearly to the top of the finger, lengthways; not done by a person holding a knife—there was a small bruise on the upper part of the right arm, as if by pressure—it was not a wound, merely a simple ecchymosed of the skin—I should think the wound on the breast was given with this knife, being round at the end, not sharp-pointed like the other; but that is merely conjecture.
—HART. I am a surgeon at Stones End, Borough—I was sent for to the station, between 4 and 5 o'clock on this morning, to see the prisoner—he had a superficial wound in the throat, not at all dangerous—it had just out through the skin and exposed the windpipe—it might have been done with one of these knives, it was a jagged wound—he was sufficiently well in a day or two to go before the Magistrate—I sent him to the hospital for what little treatment was required—he was quite sober—I don't think there was anything the matter with him—he was very quiet, but appeared a little mentally excited, of course, and very much objected to have his throat touched—he said "Don't touch my throat; don't touch my throat."
Cross-examined. Q. The blood would run freely from the wounds in his throat, would it not? A. No, there was very little blood—there was only one wound—there might have been two little scratches also—it was an irregular kind of wound, and a little scratched across.
JAMES CROXON (Policeman M. R. 31). I was at the police-station on this Sunday morning—I went to Guy's Hospital to take charge of the prisoner at 3 o'clock on the Sunday afternoon—during the evening I said to him "Don't cry; don't fret"—he said, "I can't help it, policeman, I begged of her three or four times not to go to sleep and leave me awake, for I thought something would happen"—a little while afterwards he said, "Well, it is done now, and it can't be helped"—he was taken before the Magistrate on the Tuesday following.
JAMES RIGALL . I live at 5, John Street, Southwark, and am a painter by trade—I knew the deceased Sarah Ann Wright—she was about twenty-one years of age—she and I lived together as man and wife, from 4th September, 1867, until 6th, February, 1869—I then left her—when I was in work, of course we did our best, the same as everybody else did—I left her at Bermondsey, where she had the home—I know the prisoner—I had met him some time previous to my leaving her—I did not know that she went to live with him till last May—I live about 250 yards from Little Suffolk Street—I saw her occasionally—I sometimes met her in Suffolk Street—on Saturday evening, 25th September, about 4.50, I saw her in Lamb Street,
and had some conversation with her—I was not with her more than about two minutes—the child she had was by me.
The following Witnesses were called for the Defence.
ROSA MARTIN . I am the prisoner's daughter—my mother died two years ago next April—I am now in service at Mr. Hales', Kent Street, Borough, and have been so four years—I have been in the habit of going home to Red Cross Street, on an average, once a week—my father has always been kind and affectionately disposed towards me, and good tempered—I don't remember the time he went to live in Little Suffolk Street—he went to live with Sarah Ann Wright somewhere about May—he lived with her first in Red Cross Street, and afterwards in Little Suffolk Street—he always seemed kind and affectionate towards her—I saw him about a fortnight before this occurrence—I was at home for my holiday, and he was at home all the time I was at home—I did not notice any change in his manner—he was as goodtempered and good-humoured as usual—that was the last time I saw him—he had not very much work, but I did not notice anything peculiar in his manner—we were comfortable at home—he was not at home when I went home the week after.
ALFRED MARTIN . I am the prisoner's son—I am fifteen years of age—I have been living at home, at Red Cross Street—I remember my mother's death, and my father going to live with Sarah Ann Wright—he was always very kind to her, and to all of us—I saw him on the Saturday, the day before this occurrence, and I had seen him all the week—he seemed as if he was a little in trouble—I went round to Suffolk Street on the Saturday, and he was walking up and down the room all the while I was there, about twenty minutes—he did not say whether anything was the matter with him—he held his head down—he seemed a little changed from what he had been before—he had had very little work—he is a boot finisher, and worked for Mr. Bowden, in Union Street, Borough, for about five or six years—he did a little work the week before this—I saw him twice or three times on the Saturday, walking up and down the room in this way, with his head down; that was between 2 o'clock and 7—I took him some boots—he was walking up and down the room, and I asked him what was the matter, and he threw up his hands and made no answer—the deceased came in with a shawl, which she had been to fetch from the pawn-shop—he then sent me home, and an hour afterwards he came home and gave me a half-crown, and told me to come round in the morning for the washing—the deceased was in the habit of doing the washing for us—I remember her going out on the Friday night to get some supper—I saw these two knives there—this knife father was in the habit of using to eat with—I don't know the other—he used to keep this one sharpened, and used always to call it his own knife—he took it from Red Cross Street, when he moved to Suffolk Street.
Cross-examined by MR. POLAND. Q. Used you generally to fetch the washing on the Sunday morning? A. Yes, from Suffolk Street to Red Cross Street; they were my clothes and my brother's—he gave me the half-crown to pay part of the expenses of the lodging; he was in the habit of doing so—at the time he was walking up and down the room the deceased was not there.
JOHANNA WENLOCK . I am the wife of David Winlock, and live in Red Cross Street, Borough—the prisoner came to live at my house in May, 1868, and occupied a room there, as a widower—when he first came he was of a lively deposition, and a pleasant, quiet man—during the lost few months I
have noticed a very great change in him—he left my place about ten weeks before this happened—he did not leave my house exactly, the children still strange manner, his conduct in walking to and fro; when he was spoken to he would not answer—I knew of no particular cause for the change—he seemed affectionately disposed towards his children and the deceased—on the Saturday night before this occurrence I saw him in my house—he went up to his room about 7.30, or 8 o'clock—his children were there—he remained about ten minutes—I saw him as he went out—I did not speak to him, but I noticed that he looked very wild, and I made an observation to my husband about him.
Cross-examined. Q. How often used he to come to Red Croat Street to see his children? A. He was there every day—he left the money to pay me with the children—the rent was 3s. 3d. a week.
MR. STRAIGHT. Q. Have you had some experience of insane A. Yes, I have been a great deal with them.
DAVID WENLOOK . I am the husband of the last witness—the prisoner came to live at our house in May, 1868—as far as I have known him with his family, he was kind and good-tempered towards them, and a possible, quietly-disposed man—I had known him fifteen or sixteen years before he came to reside with me—we were in the same way of business, and worked together at some shops—for five or six weeks before this occurrence I noticed a great change in him—I did not speak to him about it—I did to my wife—on the Saturday before this took place, I said something to her about his manner, and she said something to me—I believe his manner was kind and affectionate to the deceased and his children—I have had an opportunity of observing them.
Cross-examined. Q. Did you work with him during the week? A. Not during that week, nor the week before—he worked in the same house with me—during the last five or six weeks he was rather slack at times—he had some work.
MARY ANN ROBINSON . I am the wife of George Robinson, and live at 16, Little Quildford Street, Borough—I have known the prisoner turned four years—he has frequently visited at our house—until lately he has been a quiet, pleasant, good-tempered man, and a good husband and father—from Whitsuntide up to the time of this occurrence, I noticed a very great change in his manner—about a fortnight before he called upon me, and remained about an hour and a half—he walked up and down the room in a very distressing manner—I noticed that he was very much changed—I asked him what was the matter, but he made no reply—he said he did not know what was the matter, that was chiefly all he said to me—I saw him twice or three times with the deceased—he was kind and affectionate to her, and so he was to his wife, during a very long illness.
EDWARD HARPER . I live at 6, Gravel Lane, Borough—I have been several times in the prisoner's company—I used to call on my mother, who lived in the same house—on one occasion I saw him crying—I have noticed a strangeness about him several times—on the Monday before the murder I was in his company, in my mother's room—there was myself, my wife, my mother and father, Mr. and Mrs. Waugh, and the prisoner and deceased—the deceased sang a song, and my father said it was a pretty song—the prisoner said, "Yes; it was," and some few minutes afterwards he suddenly jumped up, and said, "I will hit any man a bleeding nose that insults me"
—no one had insulted him, that I know of—he became very violent—I tried to pacify him—I told him he was not in his own room, he was in my father's room, and if he took my advice, he would go in his own room, and he did so.
Cross-examined. Q. What was the song about? A. I don't know—I don't know that there was any talk about the deceased going to leave him—we all sang—no one sang a song called "Annie, are you going to leave me"—it was during the time the deceased was singing that he jumped up and made use of the expression—father said it was a very nice song—I don't know that it was said in a jeering way—I did not take notice whether it was or not—my father and he began jawing together directly—I don't know what about—father was a little intoxicated, and so, I suppose, was the prisoner; and father, I suppose, took the insult to himself when the prisoner jumped up.
DR. THOMAS HARRINGTON TURK . I reside at 37, Albemarle Street, and at Chiswick—I am a fellow of the College of Physicians—I have had great experience in cases of mental disorder—I have been about twenty-one years in practice—I have been present in Court during the hearing of this case to-day, and have heard the evidence both for the prosecution and defence—I hare also had a personal interview with the prisoner in Newgate, on Monday last—I should think his mind then was perfectly sound, although it was weakened, I presume, by confinement, and the nature of his position; but it is a perfectly sound mind, I think, now—I have heard the evidence as to his previous good character, and the change in his disposition; that would be exactly compatible with a temporary attack of insanity at the time of his committing this crime—from my own examination of him, before I heard the evidence, I also came to the conclusion that at the time he committed the crime he was of unsound mind—it struck me that he was a man of remarkable kindness of disposition, naturally—he told me his relations with this woman, whom he took out of charity—there was no attempt on his part to assume insanity, and he had no recollection.
COURT. Q. Did he know you were a doctor? A. I suppose so—his account of his condition, in which he could give me no information whatever, would be exactly compatible with a crime committed in that way—the recollection would go entirely, supposing it was committed in a paroxysm of insanity—he clearly had no recollection whatever; nor could he assist me in the slightest degree—he had a badly formed head—I have no doubt that the cause of the insanity in this case was the drinking acting upon a predisposed mind.
Cross-examined. Q. I understand you to say that he was of unsound mind when you saw him in Newgate? A. I think so—I have now reason to doubt that he was of sound mind the day before he committed this offence; I had not then; I had no evidence before me—from the evidence adduced to-day, I certainly think he was of unsound mind the day before he committed this offence, from the entire motiveless character of the deed itself; the absolute difference between the man's real character suddenly taking place, culminating in such an act; his affection for this woman; his attempt at self-destruction; the nature of his pursuits; the drinking before hand; the hour at which the deed was committed, it being common, in insanity, that the most dangerous period of suicidal impulse is at that hour of the morning, the first waking from sleep—I don't know whether he had been to sleep—when I went to Newgate I think I told the prisoner I had
come to see whether he was insane—not at first, but after some time—I did not speak to him for some time—Mr. Gibson was present, and he was speaking to the prisoner—the first words I spoke to him, certainly, were not that I had come to see whether he was insane—I did not tell him that—I think I told him, which comes to the same thing, that I had been asked to investigate the state of his mind, at the time of this murder—I was with him about half-an-hour—I keep a large private asylum—Mr. Gibson, the surgeon of the goal, was with me the whole time the interview lasted, and assisted me very much in the matter.
COURT. Q. You say the most dangerous period is at that hour in the morning, on the first waking—why is that? A. It is rather a practical experience of my own—it is supposed to arise from the recumbent position—that is one theory—I don't give it is my own, but the sudden rising from the recumbent position to the upright one, acting upon a brain diseased, produces a change in the mental functions—another theory is that the intellect is suddenly called upon to act; and a third, the heart's action being suddenly called upon to do an extra work.
MR. POLAND, proposing to call witnesses in reply, to prove the prisoner's sanity since kit confinement, MR. JUSTICE BTLES considered that that evidence should have been offered in the flirt instance, at the tendency of tome portion of the examination of the witnesses for the prosecution appeared to ratite this issue, but as tottered wot no dispute as to the prisoner being of sound mind since he had been in custody, the evidence proposed was unnecessary.
NOT GUILTY on the ground of insanity. Ordered to be detained till Her Majesty's pleasure be known.
77. JOHN CUSACK (48) , Feloniously setting fire to his dwelling-house, one George Head being therein. Second Count—Feloniously setting fire to certain matters and things in the said dwelling house, with intent to burn the said house.
MESSRS. METCALFE and F. H. LEWIS conducted the Prosecution; and MR. BROMBY the Defence.
WILLIAM HAMLYN . I am foreman of the Southwark district of the Metro—I politic Fire Brigade—about 2.30, on the morning of the 2nd August, I was called to a fire at the Dolphin public-house, in Red Cross Street, Borough—upon entering the house I noticed a strong smell of spirits pervading the house—I went over the house—in the cellar I found casks piled up in four different points, one on the top of the other, reaching nearly to the joisting—some wine laths were nailed to the joisting over the casks—they were charred—on the top of the top cask, in each place, I found some spirit, a kind of paraffin—that was also on the top of the casks—there had been fire at each of the four points—there were four of those pillars in the front cellar and two in the back, probably from 6 to 8 ft. apart—they could not have caught one from the other—there were four different fires—I went into the bar, and there saw two pie-dishes containing the same kind of side—there were two tubs with them—they appeared to be nine-gallon casks sawn asunder—the pie-dishes were on the floor, and the tubs along-side—there were marks of fire in both places—one was on the underneath part of the shelves under the counter, and the other at the back of the bar—there was a cupboard under the stairs, which had been burnt out—I found an earthenware pan in that cupboard—it was broken, but a portion of it contained a spirit like paraffin, or benzoline—the stairs to the
first-floor were nearly destroyed—in the public parlour I found a tub and A pan—the chairs and furniture belonging to the room were piled over then—the pan was alongside the tub, and contained some more of the same kind of spirit, and the furniture was piled over them loosely; chain and tables indiscriminately—one of the chairs had been burned—I then went into the back room first-floor—I there found a tub and a pan inside a large chest, the lid of which was open, and some chairs and other furniture piled over this again, and some bed linen loosely placed about—I think there was also some wearing apparel—there was some burnt paper in the tub—a portion of the box was slightly charred—in the back room, on the same floor, I found a tub and a pail on the floor—the pail contained some more of the same kind of spirit, and the furniture was piled about, as before described—there had been a fire in that room—some of the furniture was slightly burnt, which was placed over the tub and pail—on the second-floor landing I found a tub with an earthenware dish containing some more of this spirit, and some articles of furniture piled about in the immediate vicinity—there had been a fire there—the back room second-floor was nearly burnt out, and a portion of the roof gone—I found no spirit in that room, but I found the remains of a tub and pail—I could not discover any smell from that—there were some packing-cases on the floor in the front room—they were all brought into the centre of the room, and placed one on the other, reaching nearly to the ceiling—I observed that the plaster had been cut away from the ceiling, exposing the laths immediately over the packing-oases—there was some spirit in the lower packing-case in a pail, and there was also a tub there—the packing-case was slightly scorched inside—there was no lid on it—I then went into another front room on the same floor, and found some more packing-cases arranged in the game manner, and a basket with some straw on the top of the packing-cases near the ceiling—the plaster was also out away there, exposing the laths—the laths were not burnt—I found a chisel-hammer in that room, which I produce—that might have been used to remove the plaster—there is some portion of plaster upon it now—there was a bowl inside the tub in the second-floor room that contained spirit—the packing-oaaes in that room were slightly scorched in the same manner as I have previously described—the kitchen on the ground-floor was burnt out—I afterwards saw the prisoner with Inspector Sillifant about 3.30 that same morning—the premises were taken care of by the salvage corps—I said nothing to the prisoner on the first occasion, but I afterwards said, "I suppose you are insured, Mr. Cusack?"—he said, "Yes "—I said, "In what office have you your policy?"—he answered by pulling the policy with some other papers out of the waistband of his trowsers—I took the number of the policy, and left him—I afterwards told the Inspector to ask him to come down stairs and go through the house with us, which he did—I then spoke to him about the cause of the fire—he said he could not tell the cause of the fire more than a child unborn—I called his attention to the various fires and the different things, particularly to the tubs—I asked him if the brewer supplied them—he said he did not know—I said, "Did you saw them?"—he said he did not know—I said, "Surely you must know something about them; you have must know whether you had thorn from the brewer, or whether you have sawn them; something has been done with them recently"—he became very much agitated, and said, "Don't ask me any more questions"—he said that his brother had died recently, and that he had received a letter stating that
five or six Irishmen would attempt to roast him iii bio bed some day—I naked him if he had the letter, and he did not produce it—that conversation was in the front room, second-floor—when we came out on the landing I said, "You see there are some more of these tubs, Mr. Cusack"—he said, "Oh, I can plainly see somebody has set this place on fire; it was not me; I don't want any insurance money"—he was quite sober—I found altogether fourteen distinct fires in the house—I mean fourteen actually prepared for fire, and some had been on fire—it is a twelve-roomed house, reckoning the basement as two.
Cross-examined. Q. You are not quite sure what the spirit is that you found? A. No, I have not tested it—the prisoner did not appear in an excited condition until after I had questioned him—he may have said his brother died last August; I don't remember that.
GEORGE HEAD . I was potman to the prisoner for two years and a half—I am sixteen years old—my father assisted in the house when my mistress was away—he was there on the evening in question, the 1st August—there were only Mr. Cusack and myself in the house that night—he has a sister, who I call my mistress—she left on the Friday, and had not returned—my father left soon after the house closed, at 11 o'clock—Mr. Cusack has a nephew, who lives in the house; but he left on the Saturday—he was generally away from Saturday till Monday—when the house was closed, all the people had cleared out—I closed the two front doors, and fastened them with two bolts and a bar—I only went into the kitchen—that was all right, and the bar also—I turned the gas off, and went up stairs to bed with the prisoner—he slept in the same room, the first-floor front—I went to bed directly—we had different beds—the prisoner undressed and got into his bed—I went to sleep very quickly, and did not wake till I was called, at 2.30, by Mr. Cusack—he said, "George, the place is on fire"—I jumped out of bed and ran to the window—he said, "Stop, and put your trowsers on," and while I was putting them on he tied the sheets together, and we then went down, out of the window—I went down first—there was no fire in the room in which we slept—the door was doted—I could not see any fire at the time—the prisoner had his shirt and trowsers on—I did not notice whether they were buttoned up or not—he had no coat—when I woke the first thing I saw was the prisoner standing at the window, halloaing out "Fire?"—that was after he had called me—before I went to bed I had not noticed any furniture piled up in any of the rooms, or anything of that sort—I had not been into any of the up-stair rooms, except my bedroom—I had not been in them for some time, nor yet the cellar—it was not kept locked—Mr. Cusack attended to the cellar—I have gone down when I wanted anything; but I had not been down for some days—I did not notice any pie-dishes, or any furniture about before I went to bed—I had been in the bar all the evening, and that was all right—the pie-dishes were kept in the kitchen—I had not seen them in the bar that night—I have seen the tubs down in the cellar, not in the rooms—I have burnt some pieces of tubs, that were sawn up for wood—that was a week or so before the fire—the pieces that were not burnt were kept in the yard—there was some benzoline kept in the kitchen—that was used for lamps—I had fetched a quart the week before, and I used to get a quart each week—it came to 8d.—we burnt gas as well—I have seen this hammer-chisel before—there were tools all over the place—the prisoner is an amateur carpenter—I have seen him working with tools—I don't remember where I have seen this hammer before.
Cross-examined. Q. Miss Cusack was suffering from ill-health, was she not? A. Yes—the doctor had told her to go away—I did not use the benzoline for cleaning things—I know the back-kitchen window was very Insecurely fastened, so that any one could get in from the outside—there was no fastening to it—I remember the death of the prisoner's brother—he Was very fond of his brother, and I have noticed a change in him since—he has indulged in drink more than usual—I don't know whether that had any effect on him—one day, a little before the fire, I noticed him throw some tobacco into his fire, wasting it—he was then in a peculiar state—the room we slept in was a large room—the house is not a very old one—the partitions are not very thick.
MR. METCALFE. Q. Where does the kitchen window open to? A. Into the yard—it is a very low wall, but the window is about 5 ft, high—I went into the kitchen before I went to bed—it was safe and shut then.
VINCENT HEAD . I was at the prisoner's house on the evening of 1st August—I left about 11 o'clock—before I left I locked the parlour door and the yard door, and fastened the parlour window and the back door with two bolts and a bar—I looked round the back yard, it was all right as far as I know—when I fastened the parlour door, everything was in its proper place—while the mistress was away I attended, at her request, to help the prisoner, and do what was wanted with my son—when I went into the parlour on the Sunday morning I found some chairs all piled up—they were not in that condition when I locked the room the night before—when I left there was no one in the house but Mr. Cusack and my son—I did not know that the prisoner had been badly pressed for money.
Cross-examined. Q. I suppose you say the same as your son, that the kitchen window had no fastening. A. No, but there were two or three bars across it.
ALFRED CHASE (Policeman M 131). About 2.25 on Monday morning, 2nd August, my attention was called to some smoke coming from the cellar door of the prisoner's house, that would be from the right-hand front bar—I went and called the fireman—he came back with me.
JAMES MORRIS . I am a fireman, belonging to the Metropolitan Fin Brigade—I was fetched by the last witness to the Dolphin about 2.30—I went with the fire-escape—I tried to get it in at the front, at first—I could not do so—persons told me the fire was at the back—I went to the back, but could not get in easily there—there was a wall, and a fence at the top of the wall—I could not get over that—I had to go back to my machine, unship the first-floor ladder, and push it against the wall, and by that means I got over—I then forced open the yard door with my axe to let the people in—I saw fire issuing from the kitchen window—I used my hand pump until the engines arrived.
JOHN LILLET . I am an engineer of the Fire Brigade—I arrived at this place with my engine at 2.35—there was a fire at that time—I got the worst of it under in about ten minutes—I then went to the bottom of the stairs and found the back room, on the top floor, all alight—that is the one above the one the prisoner had been sleeping in—it was all fire—everything that was in the room was on fire—we got it out from the bottom of the stairs—the room was all alight, and there was likewise a hole through the roof—the room was what I call burnt out, and all the things in it were burnt—there appeared to be no ceiling that was burnt down—there was a hole right through the roof, so that you could see the light through—the
after were burnt to a certain extent, more than charred—the fire had actually eaten into them—the back room, ground-floor, was burnt, and the staircase nearly destroyed from the ground-floor to the first-floor—upon attempting to go up two or three of the stain gave way with me, through being burnt—I went all over the house with the foreman, Mr. Hamlyn—there were fires in fourteen distinct places.
JAMES COOPER . I am foreman of the Salvage Corps—I produce samples of the spirit which I found upon the premises—I took them from different vessels—there are the same number of vessels as there are phials or samples—it is supposed to be benzoline—it is a very strong spirit—that would ignite at any temperature—we even tried it on ice, and it ignited very easily upon applying a light to it.
Cross-examined. Q. Are you sure that none of it is spirits of wine? A. It does not smell like that—I should fancy from the smell it was bensoline—that is a stuff that is used in lamps—I never heard of it being used for cleaning pots and pewter stuff, or for getting grease out of things.
RICHARD SILLIFANT (Police Inspector). I was with Mr. Hamlyn, on the night in question—I then went into the house, adjoining where the prisoner was—Mr. Hamlyn asked him about his insurance, and he produced the policies from inside the waistband of his trowsers—we afterwards went over the house together—while we were in the top-floor room Mr. Hamlyn went out, leaving the prisoner with me, and he said, "Oh dear, I wish I had something to blow my brains out"—at the station he said he saw the premises safe before he went to bed; that he went over the premises and saw the doors and windows all secured—I found this blow-pipe in the back room—it is filled with cotton, steeped in spirit—the cotton has been partly burnt—the pipe U mounted on a piece of wood—you can blow by taking it off the wood, and when it is set fire to you can lift it about by aid of the wood—that was lying close to one of the tubs, which contained the spirit, in one of the back rooms first-floor—I produce the policy of insurance, which I took from the prisoner at the station, also a lease of the house, in Red Cross Street—when the prisoner produced the papers, he said, "I always sleep with them under my pillow, in case of fire."
Cross-examined. Q. Do you know that the prisoner has been suffering very much indeed, both before and since this occurrence? A. Since; I knew nothing of him before—he was three months in the hospital of the prison before he could be brought before the Magistrate, and be is still suffering; we had to carry him into the Police Court the other day—he has had rheumatic fever and sciatica.
FREDERICK INGERMALL . I live at 130, Union Street, and am agent for the Liverpool, London, and Globe Insurance Company—these two policies, dated 10th July, 1868, were issued by our office to the prisoner for 600l. each—one is for the house, and the other for the stock, fixtures, and furniture (read)—the premium is 1l. 16s. on each—here is a receipt attached for the premiums up to July 7th, 1870.
ROBERT LOW . I am an auctioneer and valuer, carrying on business with my brothers in Southampton Street, Strand—on 4th August I made an inventory of the whole of the furniture, wearing apparel, stock, utensils, fixtures, and fittings in the Dolphin—I made a fair valuation of them—the
furniture and wearing apparel I put down at 123l. 0s. 6d. and the stock and utensils, fixtures, and fittings at 127l. 15s.; together, 250l. 16s. 6d.
Cross-examined. Q. Do you know anything about the good-will of the business? A. No—I have not valued that.
MR. BROMBY submitted that, as separate offences were alleged in tack Count, the Prosecution should be called upon to elect on which they relied. MR. METCALFE would acquiesce in the suggestion if there were two separate acts; but on he one act set fire to the building and the things contained in the building, he did not feel himself called upon to make any election, although he was ready to admit that upon the evidence there wot no intention to burn the person who was with him in the house. MR. JUSTICE BYLES did not consider this a case in which he should call on the prosecutors to elect; the only question for the Jury was, did the prisoner or somebody else set fire to the house.
The Prisoner received a good character.
— GUILTY — Seven Years' Panel Servitude.
Before Mr. Justice Brett.
MESSRS. BESLEY and GRIFFITHS conducted the Prosecution; MR. RIBTON
appeared for the Sweeney's, and MR. LILLEY for Foster.
The prisoners received good characters.
GUILTY — Ten Years' Penal servitude each.
79. JAMES MARTIN (21) , PLEADED GUILTY ** to stealing two watches, a chain, and a pair of boots, of George Henry Clayton, after a previous conviction in September, 1865.— Eighteen Months' Imprisonment.
LYDIA WRENCH . I am single, and live at 36, Webber Street, Blackfriars Road—on 8th June, about 12.30, I saw the deceased standing by her door—I hood never seen her before—the prisoner was talking to a person next door, and was near enough to hear what the old lady said to me, "My young woman, that woman will be my murderer"—the prisoner then came to me and said, "Don't take any notice of her, it is all false"—the old woman repeated that she would be her murderer, as if trying to aggravate the prisoner, and she kept repeating it—the prisoner took her by the right arm, with her left arm round her waist, and threw her down very violently—I am sure she threw her down—she fell on her left side—the prisoner was standing at her side—I did not see anything that she could stumble over—she fell in the passage, and the prisoner shut the door—I saw Mr. Hurst; but the prisoner did not hear what he said—she opened the door to Mr. Hurst, and he asked me if I saw her shove her down—I said, "Yes, I did," and then she called me a liar—the prisoner was sober, and so was the old lady—(The prisoner handed a, written statement to the Judge).
COURT. Q. Was truer a mat near the entrance to this passage? A. I do not remember seen; one—this is a covered passage, leading into the house—I do not know whether it was the house of the prisoner's mother—I do not know the neighbourhood at all—I have only lived in London five months—no people were round when the deceased said that the prisoner
would murder her—I was merely a patter by, and the old woman stopped me—I feel quite sure the prisoner was not trying to get her into the house—it was the street-door which was shut, and the old woman had fallen quite close to it—I saw the door opened—I do not know where the old woman was then—she had either gone or been carried into the house—the prisoner opened the door—I did not know, till the evening, that the old woman broke her thigh—when the door was opened again she had gone or been taken into the house—there is a sill to the door.
JAMES HUNT . I am a licensed victualler, of 4I, Villier's Bow, next door to where the old lady lived—I heard a noise next door, about 4 o'clock on this day, and went to the street-door of No. 41, which had just been banged to—it was almost immediately afterwards opened by the prisoner, and I said, "What have you been doing to this old lady to cause this disturbance" or something of that sort, but it is so long ago now—she said that the carried her out of the passage and put her on the bed, or tried to put her on the bed, and found her lying on the floor—I do not think she said that she had carried her out few the passage into her bedroom—I think she said that she put her on the bed—I heard the old lady crying, went into the passage, opened the back parlour door, and saw the old lady lying on the floor, on the hearth rug, with her face towards the fire-place—there was no fire in the grate—there was a bed in the room—the old lady said, "This girl has broken my leg"—I said, "No, I hope not, surely"—she asked me to pick her up, and with assistance she was put on the bed—she was too heavy for me—she was not stout but she was tall—I could not put her on the bed, and I am not astonished that the prisoner could not—Mrs. Harstell came in—I heard the prisoner say that she had not ill-used the old lady, but the old lady did not say so.
COURT. Q. Is this her mother's house? A. Yes, her mother is a tenant of mine, and this old woman lodged with her—I heard that she was about leaving, but who gave her notice I do not know—she was a decent, respectable old woman—I do not know whether she was ill-tempered—I have known the prisoner from a child, she lived with her mother sometimes.
JURY. Q. Was the deceased in your house that morning? A. I do not think she was—I had not seen her there—I believe she was sober—I never saw her have more than a half-quartern of gin, or threepennyworth of brandy.
ELIZA HAHSTELL . I knew this old lady some forty years—she was eighty years of age—on the day in question I was going to her to remove her to another house—when I got there I saw a crowd around the door—I knocked and was let in—she had been for some weeks wishing to go, because she was not happy in the house—she was not annoyed at having to change—she was pleased.
HORACE MATTHEW DONOOHUK . I am a surgeon, and act for the parish of St. George the Martyr—I have known the deceased a good many years—I was sent for, and found her on the bed, in the back room, in very great a jony—I found a fracture of her left thigh bone, and attended her for nine or ten weeks—I ultimately sent her into the workhouse, where she died, on 2nd November—I made a port-mortem examination, but could find no cause of death—I attribute death to the shock to the system, from the injuries received.
COURT. Q. But that was four months after the accident? A. I cannot undertake to say, with safety, that the died from the shock, that it was
not from old age, but I could not see any cause of death—I had seen her before the accident, and she was very well, but after it her nervous system was much shaken—I attribute her death to the shock to her system.
MR. GRIFFITHS. Q. Did she rally at all? A. She rallied, but she never was as she was before, her system was much shaken, her appetite was bad, and she was confined to her bed the whole period—she was a healthy woman before—a fall or a push would cause a fracture of the thigh, or stumbling over anything—peoples' bones become much more brittle at an advanced age.
The prisoners written statement was that she had to wait upon the deceased and read to her, but that the she was very irritable, and called her a charity brat and parish bread; neither of which were true, in consequence of which her mother gave the deceased notice to leave, which expired on the day of the acci dent, on which day the person who was to help the deceased to move was very late in coming, which irritated her, and caused her to stand by the street-deer, and telling persons outside that the prisoner would be her murderer; and upon the prisoner requesting her to come in she refused and was more noisy, upon which she pushed her into the passage, and she stumbled over the mat and fell upon which she lifted her up, and carried her into her own room; that the Magistrate had fined her 20s. for the assault, which was paid for her by a minister; but upon the woman dying, she was again called upon to answer the charge.
Witness for the Defence.
REV. J. MURPHY. I am minister at the Borough Road Congregational Church—I have known the prisoner since she was a child—I paid the fine imposed upon her by the Magistrate, after visiting her in Horsemonger 1 Lane Gaol, and finding that there was a great deal of truth in her statement.
NOT GUILTY .
MR. COLE conducted the Prosecution; and MR. COLLINS the Defence.
MARY ANN TALBOT . I live at 64, New Church Road, Camberwell, and am a domestic servant—I have known the prisoner three years and a half—I was not engaged to be married to him, but we were keeping company—on Sunday evening, 26th September, about 9 o'clock, I went with him from any parents to my master's house, and on arriving there I said, "I must go in now, as it is getting late"—he asked me to wait a few minutes, but did not say what for—I waited, and saw him fumbling in his right-hand trowser's pocket, and while I had my head turned aside for a minutes I felt something strike the side of my head—I thought I was shot—I staggered on one side, and saw a knife in the prisoner's hand—he stood still with his hand down to his side and the knife in it—I bled a good deal, and ran away saying, "I am shot! I am shot!"—I only ran the width of the foot-path, and then I fell forwards on my face, and then found him on my back—he tried for my neck, he tried to push my head on one side—I did not see anything, I only felt his hand on my neck—I put up my left hand, and felt a knife go across my fingers—I managed to get away from him by struggling very much, and I got up and ran away across the round—he followed me, and cut my face here—somebody was standing there when I ran to Mr. Brabury, and the prisoner ran between us and cut my chin while I was trying to get away with my head down—he did not get
face to face with me, and I did not see whether he stabbed me or out me—while he was running after me he said, "I mean to murder you," or, "I will murder you "—I bled a great deal—I did not fall when he struck my face, because Mr. Brabury laid hold of me—I did not faint—I was taken to a chemist's, and then to St. Thomas's Hospital.
Cross-examined. Q. Had you been to the prisoner's house that evening? A. Yes—I did not stop there more than five minutes—I met him at 8.45, and this took place at 9.45—his house is about a quarter of an hour's walk from my master's—I had been to one public-house with him—that was in St. George's Road—I was chatting with him the whole time up to the time I was about to go into my master's house—I had been to my parents' house before I went to him; not with him—I know that he has been at home for the last few months, and that Dr. Chabot attended him about two months, before this—he was not in the hospital before this, he was onh attended by this doctor—he complained of his head and his heart—he has been in a very weak state of health—he is a wire weaver.
COURT. Q. Had he been complaining of you that night? A. No—he said that he did not feel very well—we had not had a lover's quarrel—he had not complained that night of my going with anybody, but he had before—he said that I had been going with another sweetheart and seemed angry, but he displayed no anger on this evening.
JOHN BRABURY . I am a clerk, and live at 5, Allen Street, St. George's Road, Camberwell—on Sunday morning, 26th September, I was with my brother and two friends, and heard screams of "Murder?"—I ran across the road, and saw the young woman running away—she appeared to miss her footing, and fell down by the side of the kerb—I saw the prisoner upon her punching her, as it appeared, with his hand—I did not see anything in his hand at that time—I pulled her from under him, and took her across the road, and the prisoner ran round us screaming and making a very strange noise, and using words I did not understand—he then came up to us, and wanted to get at the prosecutrix, and said, "If anyone interferes I will serve them the same."
COURT. Q. You tried to keep her from him? A. Yes—I thought when he made that remark that he was going to fight, and I asked him to come on; and when he found he could not get to the young woman again he stepped back, and said, "Look, look!" and began cutting his throat—she clung to me and said, "Save me!"—I said, "Don't you put yourself out of the way, I will see you right"—I did not see him strike at her, and do not know whether he did, because I thought he was going to run at me, and I was preparing myself—I should imagine that what was done to her was done while she was on the kerb, but she seems to think otherwise—I never saw him get near her, but he might have done so—I got ready to fight, and pushed the girl into my brother's arms—it was then that the prisoner said, "Look, look!"
MR. COLE. Q. Did you see a knife in his hand? A. Yes, when he made those remarks, and I run to him and asked him not to do it—not to cut his own throat, and he turned round and ran up Edmund Street about 100 yards, and turned round and saw that I was pursuing and made some noise and thrust the knife into his throat and stabbed himself—he then ran another 100 yards up the street, and I seized his hand with the knife in it and said, "You stupid fellow, what are you doing of?"—ie then struggled with me, and in the struggle he dropped the knife—I let go of him and he
ran back again—I waited my opportunity, seized him by the back of his shoulders, and threw him on his back—a policeman came up, and we took him to Dr. Chabot—a friend of the prisoner came up as we took him there, and said, "Why, it is young Forekett," and at the doctor's the prisoner said to his friend "I am happy"—he did not bleed much at the doctor's; but as he ran the blood flowed from his throat like water from a pump.
Cross-examined. Q. How far were you from where the prisoner and the girl were standing? A. About thirty yards—he appeared frantic—he ran about 300 yards, I should think—he did not drop till he was thrown on his back—I have not seen Dr. Chabot here.
FREDERICK POLLARD . I am house-surgeon at St. Thomas's Hospital—on Sunday evening, 26th September, about 11 o'clock, the prisoner was brought there with a large wound across his throat—the prosecutrix was shortly after brought in with a deep incised cut across the left side of her face and chin—it went to the bone, and it was cut obliquely, which made it deeper—it was 3 or 4 in. long—I also found a small wound on the right side of her neck across the muscles—it looked like a stab, but it was not deep—she also had a small wound on the right side of her head above her ear, which looked like a stab, also a cut on the back of her left forefinger—she was very weak at first, but the wounds healed kindly—she remained in the hospital from 26th September till 10th October, but was never in actual danger—this knife might have caused all the wounds.
COURT. Q. If the cut had missed her chin and cut her throat, what would have been the result? A. It would have been much more serious—it would have been dangerous—it was such a wound as a person trying to cut the throat would make if they cut the chin—it was a determined cut—the knife was very blunt, and it would require a great deal of force to do it.
MR. COLE. Q. When the prisoner was brought to the hospital did be appear to have his senses about him? A. Yes, he appeared sensible—he said, "What a foolish fellow I have been, and what will become of me?" or some such remark.
Cross-examined. Q. Was it a deep wound in his throat? A. Yes, and very long—it was from just above the top of the wind-pipe, and it extended to the upper part of the gullet—the end of the wound looked as if he had made a second wound.
CHARLES HUNT (Police Sergeant G 9). I found this knife in Edmund Street, Camberwell, about 10.45, on Sunday evening, 26th September—I saw the prisoner in Dr. Chabot's surgery, about 10.15—he said, "What a fool I was; my poor father!"
JOHN DAVIS (Police Inspector P). I went to St. Thomas's Hospital on, 17th November, and said to the prisoner, "I have come to apprehend you on a charge of attempting to murder Mary Ann Talbot, by cutting her throat with a knife; it is my duty to tell you that any thing you say will be given in evidence against you"—he first said, "I know I have done wrong, I am very sorry for it"—on the way to the station he said, "I think she tried to make me do it; I was very ill before this happened; I think my heart is diseased, as I often feel queer; three months ago I was taken to St. Thomas's Hospital in a cab, and fainted on the way; they refused to attend to me, but I was attended by Dr. Chabot afterwards"—he afterwards said, "She has been the cause of this, by going out with other young men; I have been keeping company with her four years,"
Cross-examined. Q. Had he been in the hospital the whole time? A. Yes, and had been watched.
The Prisoner's statement before the Magistrate was that he had been with the prosecutrix nearly four years, till she went to her place; that he forbade her going there, stating that if she did they would have to part; that he had been fretting and down-hearted, and became ill, and Mr. Chabot attended him six weeks; that he told the prosecutrix she had been drinking with other men, which she denied; that they had a quarrel on the road, and he made up his mind to cut his throat on account of her going with other men, and gave her a cut, and then cut his own throat.
— GUILTY — Fifteen Years' Penal Servitude. THE COURT ordered Brabury a reward of 5l.
Before Robert Malcolm Kerr, Esq.
MESSRS. POLAND and O'CONNELL conducted the Prosecutions
SAMUEL BOYTON . I am barman at the Green Gate public-house, Regent Street, Vauxhall—on 27th October, about 8.20, the prisoner came and asked for a half-quartern of the best rum, and gave me a florin, which I put in the till, and he left—there were no other florins there—about eight minutes afterwards he came again for a half-quartern of the best port, and laid down another florin—I put it in the till, gave him the change, and he left—I looked at it again just as he went outside the door, and found both florins were bad—there were no other florins there; I bad taken none in the interval, and no one was taking money but myself—about five minutes afterwards the prisoner came again for a half-quartern of the best gin, and gave me a shilling—I examined it, and told him it was bad—he said that a gentleman outside sent him in to get the gin—I caught hold of him, and went to see if I could see any one, but could not, and took him back to the bar and sent for a policeman—I am quite certain he is the boy who came in on the previous occasions and gave me the two florins.
COURT. Q. How long have you been a barman? A. Two years—this is the first time I ever took bad money to my knowledge—I did not think it odd that a boy of that size should ask for the beet rum, and when he came eight minutes afterwards for a half-quartern of the best port it did not strike me as odd—I went round the bar, but he had got away—I went outside the door but could not see which way he had gone, and there was nobody whom I could send.
JAMES STEPNEY . I am a coalheaver of 17, Neville Street—on the 27th October I was at the Green Gate public-house, and saw the prisoner when he came in the third time—I had also seen him the first and second time—he was taken the third time—I am sure he is the boy who came in the first and second time—he passed two florins on the former occasions, and a shilling the third time—I saw him pass them.
HENRY MULLER (Detective Sergeant L). On the night of 17th October, I was on duty, and the prisoner was given into my custody—Boyton said that he should charge him with uttering two florins, and a shilling—the prisoner said that he had never been in the house, except on that occasion, passing the shilling, and that a man outside gave it to him to go in and get some liquor, and gave him a 1/2 d.—I received two counterfeit florins from Boyton—no money was found on him—he gave his right address.
Prisoner. The man is here who gave me the money. Witness. The prisoner was in Court when Cheeseman, who has been convicted, was tried (See page 10), and he identified him as the man who sent him to the house.
Witness for the Defence.
JOSEPH THOMPSON . I work at the London Gas Light Company—I was in the house when the lad came in with the bad shilling—before that another boy, a smaller one, came in with a two-shilling piece; and the barman did not know whether it was good or bad—he said, "This is a queer one, is not it?"—I said, I have not had so much money as you have through my hands "—the barman said, "It is rather a queer one; perhaps I may have some more of these"—he looked, and found another, and said, "This is summut like this one"—in half an hour, or three quarters of an hour, the prisoner came in with one shilling, and he said, "You have been in here before, have not you?"—the prisoner said, "I have not; a man outside, with a billycoek, gave me the shilling to come in and get a half quartern of gin"—the man who was with the carman said, "I will go and fetch the governor"—he did so, but the governor was not at home; but the mistress came, and brought a police sergeant, and took the boy into the parlour—I do not know what was said, because I was outside—the sergeant came out, and said to the camen, "Well, I cannot make any more of him, you may as well give me the bad coin, and I will take him to the station-house."
Cross-examined by MR. O'CONNELL. Q. Did you look at the clock that I night? A. When I first went in there it was about 6 o'clock—the smaller boy came in with the florin about 6.45 or 6.40—I did not see him come in a second time—it was three-quarters of an hour from the time the barman looked at it and made the remark about it being a rum one to the time the prisoner game in—me and my father-in-law were drinking beer and having a bit of tobacco—he is not here—he might have taken as much notice as I did—I noticed it because I was asked to look at the florin—I looked at the boy who passed it; he was a smaller boy altogether than this—I swear that it was three-quarters of an hour afterwards, and a different boy altogether.
NOT GUILTY .
The COURT directed Muller to take Boyton and Stepney before a Magistrate, and charge them with perjury.
83. HARRY JONES (16), THOMAS CARTER (21), and GEORGE SAYERS (21) , Burglariously breaking and entering the dwelling-house of John Hyatt Spendlove, and stealing two coats, and other articles, his property, to which
JONES PLEADED GUILTY .— Seven Years' Penal Servitude,
MR. BESLEY conducted the Protection, MR. CARTER appeared for Carter, and MR. STRAIGHT for Sayers.
JOHN HYATT SPENDLOVE . I am a grocer, of 167, Royal Road, Kennington—my house was safe on 3rd November, and at 5 o'clock in the morning I found the back window shutter forced open, and a pane of glass taken out—I missed a quantity of property—I have seen the property found by the officers, in a basket and bag, it is all mine—I lost other things, besides some gold rings and ear-rings; I know nothing of it till the constable asked me.
Cross-examined by MR. CARTER. Q. What kind of rings? A. Small gold rings.
two dozen doors from Mr. Spendlove's shop—Carter was carrying a basket, and Jones a bag—I asked what they had got—they said, "Nothing, only our tools, going to work"—I took hold of them both, but Carter threw down the basket and ran away—I held Jones, and took him and the basket and bag to the station—I found on him two coats, Gibs, of sugar, sixteen packets of spice, some butter, an umbrella, and some silent matches in his pocket—in the basket I found a chisel and screw-driver.
Cross-examined by MR. CARTER. Q. Is Royal Road very long? A. Nearly half a mile—it was twilight—I had never seen Carter before, but I swear to him—I am not able to describe his clothes—Jones said he was not the man—I took him to Carter Street police-station.
WILLIAM PUTTOCK (Detective Officer). On 4th November, I went to 3, Frederick Place, Newington Butts about 6.30 or 7 o'clock in the evening—Jones was then in custody—I found there Sayers, his sister, and another young woman—I told Sayers I was an officer, and from information I received I was going to search his home, as I believed there was stolen property there—at that time Carter came in, and I asked him where he slept last night—Robinson, who was with me, made a communication to me, but not loud enough for Carter to hear—Carter answered, "Here"—I said, "Where?—he said, "Up stairs, in this house"—I asked him what time he went to bed—he said, "12 o'clock"—I said, "What time did you rise?"—he said, "5 o'clock"—I said, "Whose hat is that you have got on your head?"—he said, "My own"—I said, "Have you another?"—he said, "Yes"—I said, "Is this your hat?"—he said, "No"—that was a hat which was found in Boddington Grove—I received it from a milkman in New Street—I told him I should take him in custody for breaking into Mr. Spendlove's with Harry Jones—I took him to the station, came back, searched the house, and found this piece of lemon-peel in a box—I asked Sayers whose box that was under the dresser—he said, "Mine"—I said, "It is locked, where are the keys?"—he brought the keys out of his pocket, and said, "You open the box, and I will look inside"—I found in it a gammon of bacon, two parcels of tobacco, a bar of soap, some candles, some stick liquorice, a bottle of glycerine, eight bottles of marrow oil, two bottles of extract of limes, a box of pins, a tobacco pouch, a pair of socks, a dog collar, a shirt front, a number of books, two counterfeit crowns, a penny, and a number of duplicates—I found twenty-six pawnbroker's duplicates on a shelf of the dresser, two of which relate to the stolen property—I received from Sayers' sister a pair of ear-rings, a brooch, and two books.
Cross-examined by MR. CARTER. Q. Is it a large house? A. No—the mother and her two daughters and a female lodger live in it—Carter was living there; he is a carpenter—I went about 6 o'clock, which would be about the time he was returning from his work—the box was locked—I had determined to take him when I went there; but I questioned him, because he had escaped from another officer who went with me—when I had got every answer, I said, "I do not believe you, and I will take you in custody"—I questioned him, knowing that he had escaped—I inquired of the people of the house about his being in bed, and they said that they left him up the night before.
Cross-examined by MR. STRAIGHT. Q. Were you in uniform? A. No; but I told Sayers who I was.
him how he accounted for it—he said, "I do not know, Carter brings the things home, and we go shares; I do not know where he gets them from"—I examined a chisel found in the basket, and found "Carter" on both sides of it; but it was partly obliterated on one side—I took an old worn shilling from Carter, and some coppers.
Cross-examined by MR. CARTER. Q. Where was the old shilling? A. In his right trowsers pocket, when he was searched at the station, the same night, immediately he was brought in—I am informed that he is a carpenter—it is common for carpenters to leave their names on the handles of their tools.
ELIZABETH BLACKMAN . I am the wife of Edward Blackman, of 109, Princes Road, Kennington—on 4th November Carter brought these rings to me, and asked me to pledge them—I did so, at Mr. Robinson's, in the Triangle.
Cross-examined by MR. CARTER. Q. How long have you known him? A. He has been a lodger of mine about five months—he has conducted himself very well, and is, as far as I know, a man of respectable character.
MARIA SPENDLOVE . I am the prosecutor's wife—I had three rings—these produced are two of them—I lost two counterfeit crowns and a little penny-piece—I identify these coins as mine, and also this old shilling, which was kept in a tea caddy.
Cross-examined by MR. CARTER. Q. What do you know this shilling by? A. By its general appearance—I have had it for years—it is a smooth, round piece of metal—the reign is not visible—these rings are like what were taken out of my writing-desk—I know the pattern—there are thousands of rings like them.
Cross-examined. Q. How long has Carter been lodging there? A. four or five months—he is a working carpenter—when I got up on the morning of 4th. November I found Carter up, and in the down-stairs room—he was in bed when I went to bed, at a little after 12 o'clock.
Cross-examined by MR. STRAIGHT. Q. Did he sleep in the same room as you? A. He did that night—he was in bed before me—I have no father—my mother was out nursing—my brother George contributes largely to our support—he is the master of the house.
J. H. SPENDLOVB (re-examined). On the night my place was broken into I did not lose a cushion of bacon—I lost 6 lbs. of sugar, 8 lbs. of cocoa, sixteen packets of spice, some butter, bacon, two coats, an umbrella, three sheets, a silver knife, a pen-knife, three gold ear-rings, and other articles—these articles are similar to them.
CARTER— GUILTY .
SAYERS— GUILTY of Receiving.— Seven Years' Penal Servitude each.
Before Mr. Common Serjeant.
MR. LILLEY conducted that Prosecution; and MR. BESLEY the Defence.
NOT GUILTY ,
MR. GRIFFITHS conducted the Prosecution, and MR. PATER the Defence
JULIA GULLY . I am the wife of Thomas Gully, a toy-maker, living at 24, Church Street, Mile End New Town—I have a daughter named Louisa—I misssed her in March, 1862—I knew the prisoner before that—my daughter used to wait on his wife—his wife died, and in March, 1862, he married my daughter—I knew nothing of it—I produce this certificate, which I have compared with the original entry in the ledger—[The certificate, shawed that William Thomas Cockburn was married to Louisa Gully, on the 6th March, 1862]—he lived with my daughter eighteen months and a fortnight—she had one child by him, and he left her with that and two of his first wife's—they were put in the workhouse—his first wife was my sister.
MR. PATER here submitted that there was no case for the Jury, inasmuch as the second marriage was within the prohibited degrees of affinity, and therefore null and void. MR. GRIFFITHS contended that the onus lay upon MR. PATER to show that the sister was legally married.
COURT. Q. Were you present at your sister's marriage? A. No—I never knew she was married—I only go by his saying it was his wife—they lived together as man and wife for sixteen years.
THE COURT held, although the evidence was not conclusive, that it could not presume it was an illicit cohabitation. MR. PATER handed in a certificate of marriage between William Cockburn and Jane Mariner.
COURT. Q. Where was your sister living in 1853? A. With her father, in the Commercial Road—my father's name was Richard Mariner—he was a coal porter—my sister's name was Jane—in 1853 she would be somewhere about twenty-two—she was a spinster—her husband was a tailor.
The COURT, under these circumstances, held that the second marriage was absolutely null and void, and directed the Jury to find a verdict of NOT GUILTY .
MR. KELLEY conducted the Prosecution.
JOHN JONES . I reside at 30, Miter Street, Webber Street, Waterloo Road—between 11 and 1 o'clock on the 20th of November, I was in the Westminster Road, walking towards home, when I was suddenly attacked by the prisoner and some others—I was knocked down by a blow on the jaw, and my watch and chain was dragged from my trowsers pocket—I had put them there for safety—my trowsers were torn open from the knee—I held the prisoner, and in the struggle he got away and ran across the road, and, in less than a minute, a constable brought him back to me—I did not lose sight of him—I had never seen him before—the value of the watch and chain was 5l.
JOHN MANSFIELD (Police Constable L 70). I was on duty in the Westminster Road on this night, and was standing opposite St. Paul's Church, near Tower Street—I saw the prosecutor with his hands in his trowsers pocket, and three men following him—the prisoner was one, and he struck the prosecutor a violent blow on the face which knocked him down—the other two men stooped down and fumbled about the prosecutor—the prisoner then ran across the road—I laid hold of him and said "Halloa, what's your game?"—he said, "Nothing, master"—I said, "What did you knock that man down for?—he said, "It is not me, you have made a mistake"—I said,
"Oh no, I have not," and took him back to the prosecutor, and he said "That is the man that knocked me down"—the prosecutor's trowsers had been torn down and the pocket taken quite out.
GUILTY*— Eighteen Months' Imprisonment, and Twenty-Five Strokes with the Cat.
MR. WOOD conducted the Prosecution.
BENJAMIN WILLIAM WALL . I am a butcher, carrying on business at Stookwell Green—I have taken the shop of Mr. Hilsley, and still use his name—I have known the prisoner as a carrier of calves and lambs—on the 30th September I bought a calf at the Cattle Market of Mr. Marrell, the salesman—I instructed the prisoner to bring the calf home in his van—I said, "Here, Bailey, take this money over to the bank, and bring home the calf"—I gave him five sovereigns—the things are paid for at Lacey's Bank—he brought the calf home in the evening—he has not paid for it—I received a letter from Mr. Marrell, and in consequence of that I looked after the prisoner for two or three weeks—I could not find him at the Cattle Market, or his usual haunts—I went and sent continually—I gave information to the police, and next saw him in custody—he said "I confess I had the money, and I suppose if you have it returned that is all you require"—I said, "You are too late now; if you had come and seen me, I could have put up with any conditions rather than had any trouble"—I had to pay Mr. Marrell for the calf—I bought it in the name of Hilsley, and sent the money in that name—he told the officer he had given the money to William Tagg.
JOHN CHATER . I am a detective of the N division—I took the prisoner into custody, at No. 1, St. George's Market, London Road, South wark, where he lives, the 30th October—I had been watching his house for three or four days—I saw him go into his house about 11.20—I told him he was charged with stealing 5l., the property of Mr. Hilsley, butcher, of Stockwell Green—he said, "Oh, it is right enough, I had the 5l., and instead of paying it into the bank, as I was directed to do, I gave it to a boy, who was working for me, of the name of Tagg, and he stepped it with the money"—he said he had looked for Tagg, but could not find him—I made inquiries at the Cattle Market for him, but could not find him—I found that a lad of the name of William Tagg was sentenced to six months' imprisonment, on the 2nd September—he used to live in the same neighbourhood as the prisoner.
GEORGE PIKE . I am a detective of the Q division—I know the prisoner as a cattle-carrier, and have known him twenty years—he had a boy of the name of Tagg, that occasionally worked for him—on the 30th September he was in goal.
Prisoner. I have a wife and five children; my wife is near her confinement; I was willing to pay this money.
Strongly recommended to mercy. He also
PLEADED GUILTY to having been previously convicted of felony, on the 15th January, 1864.— Six Months' Imprisonment.
ADJOURNED TO MONDAY, 13th DECEMBER, 1869.