CENTRAL CRIMINAL COURT
SECOND SESSION, HELD DECEMBER 13TH, 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.
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, December 13th, 1869, and following days,
BEFORE THE RIGHT HON. ROBERT BESLEY, LORD MAYOR of the City of London; Sir HENRY SINGER KEATING, Knt., one of Her Majesty's Justices of the Court of Common Pleas; Sir ANTHONY CLEASBY, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir JAMES DUKS, Bart., Sir ROBERT WALTER CARDEN, Knt., and Sir BENJAMIN SAMUEL PHILLIPS , Knt., Aldermen of the said City; The Right Hon. RUSSELL GURNEY, Q.C., M.P., Recorder of the said City; SILLS JOHN GIRBONS, Esq., and DAVID HENRY STONE , Esq., Aldermen of the said City; THOMAS CHAMBERS , Esq., Q.C., M.P., Common Serjeant of the said City; and ROBERT MALCOLM KERR , Esq., 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 VALLENTIN, Knt.
ALEXANDER CROSLEY, Esq.
ALEXANDER JOHN BAYLIS, Esq.
CENTRAL CRIMINAL COURT.
BESLEY, MAYOR. SECOND SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, December 13th, 1869.
Before Mr. Recorder.
MR. F. H. LEWIS. conducted the Prosecution; and MR. BESLIY. the Defence.
HENRY SUTER . I am a warehouseman in the employment of Hugh Jones & Co., of Wood Street—on the morning of 15th November the prisoner came into the silk department on the ground floor—he brought some patterns with him, which he wished to match—I showed him silks, but they were not near his patterns, and while I was getting some others he turned away from me—I afterwards saw him stopped, and this piece of silk (produced) taken from under his coat—he had not left the warehouse—this piece of silk had been lying in a fixture on the top of some more goods—it is the property of Messrs. Jones, and is worth 3l. 7s. 6d.—the prisoner had been at the premises on the Monday previous, and about three hours after he had left I missed a piece of black satin, worth about' 10l.—here are two pieces of paper, produced by the constable, which I recognize; and here is the buyer's mark on this piece—it is similar to the piece that was round the satin which I missed.
Cross-examined. Q. This is a very large warehouse, is it not? A. Yes—I swear to this piece of silk—I had seen it in the fixture a short time previous—we have some hundreds of pieces in the warehouse—I had not taken this piece out to show to the prisoner—the mark on the paper is a pencil mark—I can swear it is the mark of our buyer—he is not here—I had not complained to the police of the loss of the satin before the prisoner was given into custody.
COURT. Q. How far from the fixture, where this silk had been, was the prisoner when this was found upon him? A. Close to it—when he was charged with it he said, "You make a mistake, I was taking it to bring to you to cut a pattern.
THOMAS REED BRIDGMAN . I am in the prosecutor's service—I saw the prisoner in the silk room on this occasion—I saw him go to the fixture, take this piece of silk, and conceal it under the cape of his cloak.
Cross-examined. Q. You have not been examined before to-day? A. No—I was about five yards from Mr. Suter—I saw him take some pieces, open them, and cut some patterns—he turned his back to the prisoner to do that—the prisoner then went behind the pile of silks, and after looking carefully round to see if any one was looking, he quietly took this piece of silk from the fixture, and put it carefully under his inverness, pulling the skirts of the inverness round him, so as completely to conceal it; and then he went back towards Mr. Suter—he was given into custody about a minute afterwards—after we charged him with stealing it, he said he was bringing it to have a pattern cut from it—there were other persons in the warehouse—there are, perhaps, 400 employed there—this was about 8.30 in the morning.
ROBERT MAYNE . (City Policeman 177). I took the prisoner into custody—at the station-house he gave his address, 26, Princes Street, St. George's-in-the-East—I went there with Brett—I found a key on the prisoner, which opened a box in the room he occupied—I was present when Brett took these pieces of paper from under the bed.
The Prisoner's statement before the Magistrate: "I merely picked up the piece of silk and gave it to him."
GUILTY .—He further PLEADED GUILTY. to a previous conviction at this Court, in February, 1859**— Seven Years Penal Servitude.
MESSRS. BESLET, MOODY, and HUNT. conducted the Prosecution; and MR. F. H. LEWIS, the Defence.
GEORGE PROCTOR . I am chief usher of the Marylebone County Court—on 1st October there was a suit in that Court, of "Savory v. Johnson"—I administered the oath to the prisoner, who was the plaintiff in that suit—I heard him say that he had seen the defendant (Johnson) that morning in Basinghall Street—that he was on the other side of the way, but so far from him that he had not an opportunity of speaking to him—Mr. Beaumont was the judge that day.
JOSEPH BULLEY TORR . I am deputy registrar of the Marylebone County Court—I produce the record of the proceedings in the plaint of "Savory v. Johnson"—the plaint was taken out on 2nd July, and was returnable on the 23rd—there was notice of set-off on 15th July—the case was adjourned from 23rd July to 27th September, and then further adjourned to 1st October—I was present on the 1st October—Savory was sworn in my presence, and I heard him say that he had seen Johnson that morning in Basinghall Street—I did not hear him speak of seeing him at any other time—Mr. Rodwell, who was acting as solicitor for Johnson, cross-examined him, and called his attention to the notice having been served upon him on the previous evening.
Cross-examined. Q. There were various adjournments? A. Yes, they were entered in a book by the registrar or myself—here is the order made
by Mr. Beaumont, the deputy judge, who was acting in the unavoidable absence of Sir Eardley Wilmot.
HENRY BLIGH RODWELL . I am a solicitor—I acted for Mr. Johnson in this matter—on 1st October I was present in Court—I saw Savory there—in accordance with the notice I had given, I applied for an adjournment—I heard Savory sworn, and heard what he said—I did not take any note—I handed in a medical certificate with reference to Johnson's absence, and Savory got up and said, "Oh, that is all nonsense, I have seen him"—the judge said, "Well, let this man be sworn"—he was sworn, and said, "I saw him yesterday, at his office in Basinghall Street, and in the Bankruptcy Court, and I saw him this morning in Basinghall Street"—I then Cross-examined him, and said "Now repeat where you saw him," and he said, "I saw him in his office in Basinghall Street, yesterday, and I saw him this morning in Basinghall Street"—I said, "This morning, that was after you got my notice"—he said, "Yes"—I said, "In the face of that notice, why did you come here with counsel and witnesses; and, if you had seen the man, why not say you had got a notice of his being ill, and you were surprised to see him in the street"—he said "He was over the other side," or something of that sort—I had given him notice of my intention to apply for an adjournment—after this evidence a verdict was taken for the defendant for 7l. 4s. 10d.—I was not able to go into the set-off—the Judge would not hear any remarks.
Cross-examined. Q. Did you take any note of what was said? A. No, I could not—I was examining him at the time—he did not say, after saying that he had seen Johnson that morning, "He was also seen at his office in Basinghall Street," nor did he point to a man named Hart—there was a man examined, I can't tell his name, who repeated Savory's words, word for word—I acted for Johnson from the commencement of the proceedings—his claim was 6l. more than Savory's, it was 16l. odd—Johnson was not present on 23rd July, and I paid the costs of the day, through his absence—I communicated to him that the verdict was against him, two days after-wards—he has not applied for a new trial—he has paid the money—he has taken no other proceedings than these.
MR. MOODY. Q. Why did you not apply for a new trial? A. Because I believe the rule is that you must indict for perjury first, and apply for a new trial afterwards.
MR. LEWIS. Q. Were you present on 27th September, when Mr. Beaumont suggested some settlement of this matter? A. Yes, and the defendant and his counsel, Mr. Wood, went with us into a private room—Mr. Johnson did not offer to pay three guineas; lie refused, and objected to pay anything, because there was a balance in his favour—Savory did not say he would take three guineas and give it to the poor—I believe he said he would take the balance and give it to the poor, if he could get it; he did not want the money; he would put it in the poor box if Johnson would only give it to him—Johnson refused.
BERTRAM ROBERT JOHNSON . I am a law stationer, and am also a clerk in the Bankruptcy Court, Basinghall Street—my address is No. 2, Gresham Chambers—Mr. Robinson is a clerk in the same room with me—in September last I was suffering from illness—I consulted Dr. Harding, and by his advice I left town, on 29th September, with my friend Mr. Ward, for
Edinburgh, by the steamship Ostrich—I remained away till 8th October—I was not at my office, in Basinghall Street, from 29th September till 8th October—I have known the prisoner four or five years—we met each other frequently, nearly every day—I don't know what he is—he does business in the Bankruptcy Court—I was the defendant in this action, and I pleaded a set-off to the amount of 16l. 6s. 9d.—it was for work done by me relating to the Bankruptcy Court, and other business as well, and also a loan of 1l.—these are the particulars of the set-off.
Cross-examined. Q. The action against you was for money lent, was it not? A. Yes—it was lent twelve or fifteen months ago—about 15th August, 1868, I should think—he asked me for some when he was short of money—he had never lent me money before that—he had not lent me 35l., on 16th April that year, nor 2l. on 8th October—this cheque for 2l. was, I suppose, for business done for him—it was not money lent to me—I expect it was for bankruptcy stamps—I did not send him any particulars of my set-off until after I received the summons from the County Court—I had been on very friendly terms with him—I went to Edinburgh on 29th September—I knew that the case was coning on on 1st October—it had been adjourned, at my request, on 23rd July—I was not there that day.
MR. LEWIS. Q. Why? A. Because I had received an appointment from the chief registrar at the Bankruptcy Court, and I was compelled to be at the Court, and I thought, by paying the costs, I could have the case adjourned.
THOMAS WARD . I am managing clerk to a firm of solicitors in London—I know Mr. Johnson—I went with him to Edinburgh on 29th September, in the Ostrich—we started from St Katharine's Wharf, about 10 o'clock in the morning, and returned on Thursday, 8th October—I was continuously in his, company between those times—he was not out of my company an hour the whole time—he did not come to London during that time—he complained of illness and looked ill, before he left and while he was absent.
ERNEST ROBINSON . I am a clerk, acting with Mr. Johnson in the Bankruptcy Court—we occupy the same room there—I was there on 30th September—Mr. Johnson was not there that day—no one can look into the room without my seeing them—I have known the prisoner three or four years—I saw him at the office on 1st October, but not on 30th September, to my knowledge.
MR. LEWIS. called the following witnesses the Defence:
EDWARD PHILLIPS WOOD , ESQ. I am a barrister, of Hare Court, Temple—I was acting as counsel for the present defendant, the then plaintiff in the action at the Marylebone County Court, on instructions from Mr. Pullein—I was present on 1st October when application was made to adjourn the case, and I heard Mr. Savory examined upon that application—I called him as a witness—he did not say that he had seen Mr. Johnson at his office in Basinghall Street—I am certain of that—he said that he saw the defendant some distance from him, in Basinghall Street, and that he was seen to enter his office there—the Judge then said, "Have you any doubt it was he?—he said, "No, I have no doubt; he was some distance from me, but I have no doubt he was the same person, and he was seen in the Bankruptcy Court yesterday by a witness of the name of Hart," turning round and pointing to Hart—I called to Mr. Hart to stand up, and he stood up in the box.
Crow-examined by MR. MOODY. Q. Was anything said by the defendant except that he saw him some distance off? A. Words to that effect—he
was Cross-examined by Mr. Rodwell, and the Judge put some questions—I will undertake to say that he did not convey the impression to my mind that he had seen him the day before—if he had done so, it would have been contrary to my instructions, and I should have stopped him—I will undertake to say that he did not say so—what he said was "He was seen in the Bankruptcy Court yesterday, as Hart will prove"—I was counsel for the defendant at the Police Court—I tendered myself as a witness then.
WILLIAM TURNER . I am a grocer and cheesemonger, of 1, Laokton Street, Netting Hill—I was present at the Marylebone County Court on 1st October, and heard Savory examined—he said he had seen Mr. Johnson in Basinghall Street, but he was some distance from him, and could not speak to him—he said nothing about having seen him at his office the previous day—I don't remember hearing that—it is some time since—I don't recollect anything further than I have stated.
Cross-examined by MR. MOODY. Q. What were you there for? A. I happened to be there out of curiosity—I met Mr. Savory in the street, and he said he had a case on—I have known him some time, and I went into the Court with him—I had no particular reason for attending to the matter.
---- HART. I was present at the County Court on 1st October, and heard Mr. Savory examined—I did not hear him say that he had been the day before to the office of Mr. Johnson, in Basinghall Street—he said he had met him that morning in Basinghall Street on the other side of the way—he said nothing about having seen him at the office, or about anybody else having seen him—I was afterwards examined, and I said I had seen him a day or two previous—Savory-did not refer to me in his examination, or point me out at all—I was by his side, and I was called by the usher—I expected to be called.
Cross-examined by MR. MOODY. Q. How came you to be attending there that day? A. was there as a witness to prove the disputed accounts—I had been there on the 23rd July, and on 27th—I am an accountant—I carry on business now at my own place, John Street, Blackfriars Road—my business is done at the official assignees and different accountants—I have no staff of clerks—I am a clerk—I do all my accounting myself—they are bankruptcy accounts—I have been an accountant forty years—I had not teen Mr. Savory on the morning of 1st October, before I went to the Court—I was there first—I did not know there was going to be an application to postpone it till Mr. Savory was in the box—I had seen Mr. Johnson a day or two before 1st October—I did not say, at the Police Court, that I had seen him the day before; I said a day or two before—I see him half-a-dozen times a day sometimes.
FANNY GOODBNOUGH . I am a milliner, and live at 64, Market Street—I was at the Marylebone County Court on 1st October, and heard Mr. Savory examined—he did not swear that he had seen Mr. Johnson the day before, in his office in Basinghall Street.
Cross-examined by MR. MOODY. Q. You were not before the Magistrate, I believe? A. No, I was at the County Court on business that day, on a case of Mr. Thompson's, who has been examined—I knew nothing of Mr. Savory before—I heard him say that he had seen Mr. Johnson that morning—I may have heard him say "He was seen yesterday in his office, and this man (Hart) can prove it"—I can't swear it, and I sha'n't swear to anything but the truth.
CHARLES THOMPSON . I had not any matter of my own on at the County Court on 1st October, but the witness understood that I had—on 1st October I was in Basinghall Street—the defendant pointed out some one to me, and said, "My God, there is Johnson"—I did not see him for the crowd.
Cross-examined by MR. MOODY. Q. Do you know Mr. Johnson? A. Not at all—I don't know whether or no there is another Mr. Johnson in the Bankruptcy Court.
NOT GUILTY .
MR. BESLEY. conducted the Protection; and MR. SERJEANT BALLANTINE, with MR. MONTAGU WILLIAMS, the Defence.
GUILTY .—He received a good character.— Twelve Months' Imprisonment.
MR. MOODY. conducted the Prosecution.
JOSEPH ATKINS . I am a plumber, and live at 7, Barnsbury Street, Bethnal Green—on Saturday afternoon, 28th November, between 5 and 5.30, I was in Wood Street, and was attacked from behind by several men—the prisoner is one of them—he is one of two that held me, while another snatched my watch and broke my chain—I sprang away and endeavoured to catch the thief, but I was thrown down with great violence in the road, and my hand was cut—I got up and ran after the parties shouting "Police!" but they escaped—I then returned to Wood Street, went to the station, and gave a description of the men—I afterwards saw the prisoner on 1st December, in Old Street Station, about 12 o'clock at night—there were twelve others in the room, and I identified him without the least hesitation.
Prisoner. I was put between five detectives, and the others were old men, and then he only said he believed I was one of the parties. Witness. That is not so—there were some about his own size, and I believe the man who stole my watch was amongst them, but I could not swear to him—I have not the least doubt about the prisoner.
RICHARD KENWOOD . (Detective Sergeant G). I took the prisoner into custody on 1st December—I told him it was for being concerned with two others in stealing a watch, at the corner of Wood Street, on Friday evening last, between 5 and 6 o'clock—he said he knew nothing at all about it, and was not there—I took him to the station, and another with him—they were placed with ten others—the prosecutor was fetched, and he immediately picked out the prisoner—he had previously given me a description of the parties.
Prisoner's Defence. I am innocent of it; I was at home all day Sunday when the gent. says he was robbed.
MATILDA BOSWELL . I am the prisoner's mother—he lives with me—on Sunday, 28th November, he was not well, and was at home all day—he was not out at all further than the yard—he did not even have his shoes on.
Cross-examined. Q. This is not the first time you have been a witness for your son, is it? A. I was a witness for him once before, at the Middlesex Sessions—he was there charged with stealing from the person, but a stranger cleared him, and he was acquitted—I live at 7, Green Court, Bunhill Row, that is not far from Wood Street, Old Street—my son stayed at home
because he was not well—he had been to the Gray's Inn Road Hospital—he was not so bad as to be laid up—he carried a small kettle of water up stairs for me—I live in the top room—he was down in the yard several times in the day, but only for a very few minutes, and he never put his shoes on.
MARY ANN LYE . I live next door to the last witness—last Saturday fortnight I went to her place to fetch my little girl, who had been there all day playing with the prisoner—he was not ill, to my knowledge—I saw him first at 9 o'clock in the morning, in his mother's room, and again in the afternoon, up and down the stairs and out in the yard, getting some water from the butt—he had no shoes on all day—I saw him up to 9 o'clock at night.
EMMA WHITEBAIT . I live in the same court—on Saturday fortnight I saw the prisoner at 3, at 5, at 7, and at 9 o'clock—I gave him a kettle of water at 9 o'clock—he had no boots and no coat on—he had not been out all day, I can be on my oath—I was up and down stairs with my baby, and saw him several times.
Gross-examined. Q. Did he seem ill? A. He was not very well—he was in his shirt sleeves, and I did not see any boots on him all day—he mostly spends his Sundays in that way.
NOT GUILTY ,
MR. COLE. conducted the Prosecution.
JOHN LOHMANN . I keep the Half-moon public-house, in Buckle Street, Whitechapel—on the night of 26th November I saw my house safely locked up at 12 o'clock—I came down about 7.30 next morning and found the front door open, and the shutter broken about seven inches hi width, large enough for a man to put his hand in and reach the lock of the door—a padlock was torn off the bar shutter, and was lying on the floor—I found this chisel standing outside, close to the door; it is not mine—I missed from the bar a musical box and some cigars—I had seen the prisoner at my house the week before, and also at the Prussian Eagle, close to the Highway; and on one occasion I saw him with a chisel in his hand, just like this—there is nothing peculiar about it, and I did not take any particular notice of it.
CATHERINE KEELKR . I live at 10, Buckle Street—at 5.45, on the morning of 27th November, I was going to Spitalfields Market, and on passing the Half Moon public-house I saw the prisoner at the door, with his hand against a part of the wood where it was broken—I was on the other side of the street—I did not see him doing anything—I only saw his hand against the wood as I passed, as if he was putting the wood in again—I am quite sure he is the man—I had never seen him before—I saw him again on the next Tuesday, at the station-house, with five others, and I pointed him out.
KARL LUTZE . (Interpreted). I am a shoe maker, and live at the prosecutor's house—I have seen the prisoner there several times—I saw him there on the Friday before the robbery—he was standing at the bar, and he had a chisel like this in his hand—I believe he is a carpenter by trade.
DIEDRICH INTCHMANN . I lodge in the prosecutor's house—I saw the prisoner there about a week before the robbery—it was about 1 o'clock in the day—he was standing just inside the street door, and was looking about the door, near where the shutter was afterwards broken—he was having something to drink there.
house, about eight days before the burglary—he was standing against the door, putting his left hand to the door, where the shutter was afterwards broken, and putting his foot on to the bottom bolt, just moving it; I was going to speak to him about it, but when he saw me looking at him, he came away from the door—I made a communication to my husband afterwards—that same night I saw a chisel in the prisoner's possession, exactly like this.
PORTER WILLIAM DUNNAWAY . (Police Sergeant H). On 29th November, I examined the shutter at the prosecutor's house—a person, by putting his hand through the hole, could draw back the lock—there were marks on the wood work—I compared those marks with this chisel, and they exactly fitted.
NOT GUILTY ,
MR. COLS. conducted the Prosecution.
FERDINAND BUSSE . (Interpreted). I reside at 18, Buckle Street, White-chapel—I am a candidate for employment at a school—the prisoner lodged in the same room, and slept in a bed on my left—on 22nd November, when I went to bed, I placed my trowsers on the bed, and when I got up in the morning they were gone, and the prisoner also—they were the only pair I had.
JACOB SEIPP . I lodge at 18, Buckle Street—the prisoner lodged there for two nights, in the same room with me and the prosecutor—on the morning of 22nd November I awoke—saw him twice at my bed—about 5 o'clock I saw him take a pair of trowsers from the prosecutor's bed, put them on, and put his own trowsers on over them; he then stopped a little while, said, "Good Morning," and went out and did not return.
Prisoner. You were so drunk that night that your mother and sister brought you home, you could not stand upon one leg. Witness. I was not drunk, I had had a drop of beer, but I knew what I was doing—I did not think they were the prosecutor's trowsers at first—the room was not dark, there was the reflection of a gas light.
Prisoner's Defence. It is all a lie that he tells; why should I take the poor fellow's trowsers.
NOT GUILTY .
94. CHARLES COOK (20), and CHARLES KETTLE (16), PLEADED GUILTY . to breaking and entering the shop of John Lowe, and stealing eight sovereigns, and other moneys—COOK— Twelve Months' Imprisonment. —KETTLE— Six Monts' Imprisonment.
MR. PATER. for the Prosecution, offered no evidence against ELIZABETH YEATMAN.
NOT GUILTY .
23rd October the male prisoner came and asked me to cash this cheque (produced) for 2l. 15s., and said that Mr. Brond, my predecessor, had been in the habit of doing so—the drawer is T. Watson & Co.—I do not know them—I paid the cheque into my bankers, the London and County Bank, the following Tuesday.
CHARLES HUNT . I am ledger keeper at the London and County Bank—there is no account there in the name of T. Watson & Co.—there was, but it was closed in 1862—this is not their signature—this is a cheque given to them when they kept an account there.
ISAAC PAWSEY . (Detective Officer K). I received this cheque from Mr. Goddard on 7th October, in consequence of which I went to the prisoner's house, 9, Charles Street, Bethnal Green—his wife made a statement to me in his absence, in consequence of which I took him two hours afterwards—he said he had sold some lead and took the cheques in payment, and' paid them away in a bond fide manner.
NOT GUILTY .
MR. PATER. offered no evidence.
NOT GUILTY .
NEW COURT.—Monday, December 13th, 1869.
Before Mr. Common Serjeant.
MESSRS. COLERIDGE. and WIGHTMAN. conducted the Prosecution.
JAMES BRANNAN . I have been thirty-one years employed by the Mint authorities—on 3rd December I was near Charing Cross Railway Station, with several other officers—I posted myself there about 3 o'clock in the afternoon, with Sergeant Curley—the prisoner and another man came there at about 3.45—we both knew the prisoner very well—he stood at the railway entrance, and we seized him—I said, "Well, Mr. Drew, you are suspected of having counterfeit coin in your possession, have you any about you?"—he said "No"—at that time Curley seized him and took from his side-coat pocket a paper packet which he handed to me—I opened it—it contained two smaller packets—the first contained eight bad half-crowns with paper lapped round them, and the other nine bad shillings with paper lapped between them, and I saw the sergeant take a bad half-crown from his waistcoat pocket—I said, "You will have to account for the possession of these, Mr. Drew"—he paused a little and then said, "A gentleman gave me these while I was standing under a lamp post in Parliament Street, and said, 'Hold this money'"—Curley said, "Who was the gentleman?"—the prisoner said, "I do not know, I never saw him before"—Curley said, "Who is that man that was with you?"—he said, "There was no man with me, I swear, and you cannot say there was"—I said, "Perhaps you will tell that tale to the Magistrate; if you do not I certainly shall"—he made no reply—when the charge was read to him he said, "Well, suppose it is, you cannot say that I was going to utter it "or" pass if—he also said, "My name is
not Drew, my name is Patrick Harrington"—I said, "Yes, that is the name I formerly knew you by."
FREDERICK CURLEY . (Detective Sergeant). I was with Brannan, and have heard his evidence; it is correct—I took a packet from his coat, containing I two smaller ones, and a half-crown from his waistcoat pocket.
Prisoner's Defence. I did not intend to pass them, they were given to me.
GUILTY .—He was further charged with having been before convicted, in September, 1867, of a like offence, to which he
PLEADED GUILTY. **— Seven Year's Penal Servitude.
MESSRS. COLERIDGE. and WIGHTMAN. conducted the Prosecution.
JAMES BRANNAK . I am agent for the Mint authorities—on 18th November I went to King Street, Seven Dials, with Curley, Hines, and seven or eight other officers—Hines and Miller were in a house in King Street—about 9 o'clock I went with Curley to a passage in King Street, and found the prisoner in Hines' custody—the prisoner was pushed into the parlour of a house by Curley and Hines, and I said, "Well, Mr. Keefe, you are suspected of passing counterfeit coin"—he made no reply, but held his hand with his fingers on the cuff of his coat—I saw Curley seize his hand, and from it dropped this paper packet (produced) containing ten florins, and this other packet containing ten counterfeit shillings, with paper lapped between them—I saw that his hand was closed, and called Curley's attention to it, he opened it, and it contained four half-crowns with paper lapped between them—Curley searched him, and found some good silver in his waistcoat pocket, among which was the florin (produced), which he handed to me—I said, "This is also counterfeit"—the prisoner said, "If the other is counterfeit this is not"—he was taken to the station, and when the charge was read over he said, "Well, if it is bad, you cannot prove I was going to tender it."
Prisoner. Q. How many officers were there in the parlour? A. Curley, Hines, and I—the owner of the room was there—a quantity of coin was brought to the station next morning by two young men, from Field Lane Refuge, and a second packet by a man residing in Earl Street, Seven Dials—we searched 9, Queen Street, where you have a depit for counterfeit coin.
PHILIP HINES . I went with Brannan and the other officers—I stopped the prisoner and asked him if his name was Keefe—he said, "Yes"—I said, "I suppose you know me?"—he said, "No, I do not"—he called out to two men behind him, and I pushed him into the passage of a house—I asked him if he had any bad money about him; he said, "No, and very little good"—I felt in his pocket, but found none—he tried to bolt away; but I detained him till Brannan and Curley came—I saw Curley take something from his cuffs, and saw a good florin found—he said, "If the other is bad, that is good.
Prisoner. Q. How many officers were there? A. Five—I heard of some coin being brought to the station—I do not know that a Mr. Cozens brought it.
FREDERICK CURLEY . (Detective Sergeant). I was with Brannan when the prisoner was pushed into the parlour—he had a tin can on his little finger, and a packet dropped from his sleeve on to the table—I handed it to Brannan—it contained ten florins—I then seized his hand, and another
packet dropped on the table, containing shillings—I then took from his hand a packet containing half-crowns, and from his right-hand waistcoat pocket twenty-two good shillings, and this other florin, which I bit, and said, "This is bad"—I handed it to Brannan—the prisoner laid, "No, if the other is bad, that is not"—he was then taken in custody.
WILLIAM WEBSTER . This single florin is bad—this packet of florins are all bad—I have picked out one from the same mould as the single one, and I daresay there are others—these shillings and half-crowns are all bad.
Prisoner's Defence. I picked up the parcel of coins in Great Earl Street, and was going to take them to Bow Street, when I was stopped.
GUILTY . **— Five Years' Penal Servitude.
MESSRS. COLERIDGE. and WIGHTMAN. conducted the Prosecution.
CAROLINE LEE . I am assistant to Mr. Syer, beer-shop keeper, of 4, Upper East Smithfield—on Wednesday, 3rd November, about 12.30, I served the prisoner with a glass of ale and a cigar, which came to 2 1/2 d—he gave me a crown—I sounded it, found it was not good, and took it to Mr. Syer, who gave him in charge to another man, and left the shop.
WILLIAM SYER . I keep a beer-shop, at 4, Upper East Smithfield—on 3rd November, about mid-day, the last witness brought me a crown into the parlour—I found it was bad, and asked the prisoner where he got it—he said that a sailor gave it to him—I said, "It is bad, and I shall give you in charge"—he said, "Throw it to me"—I said, "No I sha'n't"—he threw down 2d. and said, "What, you won't let me look at my own money?"—I kept it and gave him in charge with the crown, which I had not lost sight of.
LEWIS HOFFMAN . I am barman at the Black Bull, Old Montague Street, Whitechapel—on Saturday, November 27th, the prisoner came in—I thought he was the man who had passed a bad half-crown a few days before, which I kept—he asked for a glass of ale and a screw of tobacco, which came to 2 1/2 d—he took out three half-crowns, put two of them on the counter, and took two up again—I tried the third, and it was bad—Munder came up, I spoke to him, and the prisoner left the shop—Munder went after him, and he was brought back by H 204, and I gave him in custody with the two half-crowns.
Prisoner. Q. Did not you take another half-crown at the same time? A. I took money of another person, but it was not a half-crown—I do not know what it was—it was either a sixpence or shilling.
WILLIAM MUNDER . I am a baker, of 6, Ann Street—on 27th November I was at the bar of the Black Bull, and saw the barman trying a half-crown—he spoke to me, I went to the door, saw the prisoner running away, followed five yards behind him, and a policeman stopped him, and brought him back.
CHARLES HOUSEMAN . (Policeman H 204). I stopped the prisoner—he said, "It is all up now"—Munder came up and gave him in custody—I searched him, and found two half-crowns, 5s. in silver, and 2 1/2 d. in copper, all good—he said, "You have not seen the half-crown yet; when you see it, see whether you can square it up; if you can, you have some money of mine and you
can keep it"—I said nothing, but took him to the public-house—Mr. Hoffman gave me these half-crowns.
Prisoner. What he has said about squaring it, is totally false; he said, "I wish you would run round the corner, I do not want this job now."
Prisoner's Defence. Another person paid a half-crown at the same time, and Mr. Hoffman accused the only party who remained.
He was further charged with having been before convicted of a like offence, at this Court, in July, 1868, when he was sentenced to Fifteen Months' Imprisonment, to which he
PLEADED GUILTY. **— Five Years' Penal Servitude.
MESSRS. COLERIDGE. and WIGHTMAN. conducted the Prosecution; and MR. COLE. the Defence.
EMMA CRICK . I am assistant to Mr. Beed, a fishmonger, of 292, Mare Street, Hackney—on 25th November I served the prisoner with two bloaters, which came to 2d.—he gave me a florin, and I gave him a shilling, a sixpence, and a fourpenny-piece—I kept the florin in my hand, and after he had gone I tried it and found it was bad—I went after him, found him across the road, and said, "Do you know what you gave me, this bad two-shilling-piece; I want you to give me back the 1s. 10d. I gave you"—he said, "No, let me go back to the shop"—on the way I said, "If you do not give me the money I shall call a constable; if you do, I shall let you go"—he made no reply, and I gave him in custody, with the florin—the policeman told him to give me two good shillings, and he did so.
Cross-examined. Q. Did you tell the Magistrate a single word about hii refusing to return the florin? A. Yes—I said, "He seemed very reluctant, so I called a constable."
MR. COLERIDGE. Q. Was he in custody when he gave you the two shillings? A. Yes.
JOHN BRAWN . I took the prisoner—as I crossed the road to him he put his hand to his mouth and swallowed something—he then took a piece of bread and ate it—I told him the charge, and asked him if be would give her the two shillings, and he gave them to her directly—a half-crown, five shillings, seven sixpences, three fourpenny-pieces, and 1s. 11d. in copper, all good, were found on him, and a half-quarters loaf, three packages of bloaters, two in each, and thirty postage stamps, all on one sheet.
MR. COLERIDGE. Q. Did he give you an address? A. Yes, and it was right—he asked me to go back to the house, as he had taken it somewhere in the Commercial Road—I took him in charge.
Cross-examined. Q. Did you search at his address? A. Yes, but found no counterfeit coin—I found a sailor's chest, containing clothes.
NOT GUILTY .
MESSRS. COLERIDGE. and WIGHTMAN. conducted the Prosecution.
ALICE ANN GOODCHILD . I am barmaid at the Ship and Anchor, Upper Street, Islington—on 4th December, about 3.30, I served the prisoner with a glass of cooper—he gave me a shilling, which I put in the till—there was no other money there—another man was with the prisoner—after I gave him his change he asked for some more cooper, and gave me another shilling—I
put it in the till beside the first, and gave him the change—he called for drink twice after that, and each time gave me a shilling, making four times, and I gave him change on each occasion, and put the shillings in the till—he then called for cooper a fifth time, and gave me a shilling—I showed it to the other barmaid, Goodliff, who went to the till and took out the four shillings, in my presence—there was only the four shillings there, as I had taken no other money—the prisoner and the other man ran out.
Prisoner. Q. Did not a man call for two-pennyworth of gin? A. No—one gave me a shilling for two twopenny cigars.
LOUISA GOODLIFF . I am a barmaid at the Ship and Anchor—on 4th December the last witness showed me a bad shilling, and I found four other bad shillings in the till, and no other money—I gave them all to the constable—I had cleaned the till just before—the prisoner had been having drink before I cleaned the till—Good child served him.
GEORGE PRENDERGAST . (Policeman N 208). I was in Tyndale Place, and saw the prisoner running away from the public-house, and a crowd after him—he ran down Tyndale Mews—I caught him, took him back to the Ship and Anchor, and received five counterfeit shillings from Miss Goodliff—I searched him at the station, and found one bad shilling in the lining of his waistcoat pocket, and seven good sixpences, and It. 7 1/2 d. in copper.
GUILTY .— Eighteen Months' Imprisonment.
MR. WIGHTMAN. conducted the Prosecution.
JAMES FRANCIS CULLUM . I am a confectioner, of 134, Essex Road, Islington—on Saturday morning, 20th November, my sister served Davis with 1 lb. of flour, which came to 2 1/4 d.—my wife handed this bad shilling to me, which the prisoner said she got from her husband, who got it from a woman who had done some work that morning—she wanted it back, but I would not give it to her—she then gave a good half-crown—my sister gave her change and she left—about a quarter of an hour afterwards I went out and saw her walking up the road, looking about her—she turned up a bye-road, and I gave information to two constables—a man was going up the bye-road at the time.
THOMAS HALL . (Policeman N R 42). On 20th November I met Mr. Cullum in Essex Road—he gave me a bad shilling and described a woman, in consequence of which I followed the two prisoners along Upper Street for half an hour—they waited at two or three places, and did not go in—I was in uniform—they went to the corner of Park Street, waited a few minutes, and then went into a public-house together—I went in—Davis had a pot in her hand, and was drinking with two females—Wood was standing just outside the door—I asked Davis to come outside—I told her the charge, and told Davis I should charge him with being concerned in it—he said, "I know nothing of this woman, she is a perfect stranger to me," and Davis said, "I know nothing of the man"—I took Wood, and Tew took Davis.
THOMAS TEW . (Policeman N 174). I was with Hall—I took Davis; she said that she was a perfect stranger to Wood—I searched Wood, and found these three counterfeit shillings, lapped in bits of paper, in his top coat pocket—I asked him how he came by them—he said, "A man gave them to me to hold"—I found on him a sovereign, two half-sovereigns, three shillings, eleven sixpences, and 10d. in copper—I saw Davis put a florin and 2 1/4 d., in good money, on the station table—she had a basket which contained two packets of flour, some children's boots, and other things, which she was selling; and a loaf, some sweets, and other articles—I also produce a shilling, which I received from Mr. Cullum.
Davis' Defence. I received the money from my husband.
WOOD— GUILTY .— Fifteen Months' Imprisonment.
DAVIS— GUILTY .— Nine Months' Imprisonment.
THIRD COURT.—Monday, December 13th, 1869.
Before Robert Malcolm Kerr, Esq.
MR. COLERIDGE. conducted the Prosecution.
MARY ANN UNDERDOWN . I am the wife of George Underdown, and keep the Plough, Wellington Road, Hounslow—on 15th November a man came into my house between 6 and 7 o'clock in the evening, and asked for a half-pint of beer—he gave me a bad florin in payment—the prisoner then came in and asked for a half-pint of beer—I left the bar for a little while, and I heard the two men conversing together, and they went away together—I gave the bad florin to the man again, and he paid with a shilling—the prisoner gave me a penny.
HANNAH BUTLER . I am the wife of Thomas Butler, who keeps the Royal Albert beer-house, Wellington Road, Hounslow—about 7 o'clock on 15th November a man came to my house and asked for a lodging—a man was in there and asked for a half-pint of beer, and gave me a bad florin in payment—I gave it to my husband—the man went out without the change, and Isaac How followed him.
ISAAC HOW . I am proprietor of the Royal Albion—I was at Mrs. Butler's house on 15th November—a young man came in for a half-pint of beer—I don't know who he was—he gave a bad florin in payment—it was marked in my presence, and I handed it to the police—while the bargain was going on with the other man, the prisoner, came in with a bundle in his hand and asked for a night's lodging—Mrs. Butler said she was full and could not take him—the prisoner and the other man then went out together—I went out of another door and met the prisoner coming out of the house with the 2s. piece in his hand—I took it from him and marked it.
SARAH RAY . I am the wife of Richard Ray, and keep the Queen Victoria, Bath Road, Hounslow—on the evening of 15th November the prisoner came into my house about 9 o'clock—he asked for a half-quartern of gin, which was 3d.—he paid with a florin—I handed it to my husband: he handed it back to me—I gave it back to the prisoner and told him it was a bad one—he then gave me 6d., and I gave him the change—a constable came in and took him into custody—he took the florin from the prisoner's hand, and it was marked in my presence.
JOSEPH GRANT . (A R 331). I was on duty at Hounslow on 15th November—I went to Mrs. Ray's about 6 o'clock—I met the prisoner coming out of the door and I took a bad florin from his hand—I took him into custody and searched him—I found 6s. 6d. in other, good money, and 2s. 7 1/2 d. in copper.
GUILTY . *— Twelve Months' Imprisonment.
106. WILLIAM HEY (41), STEPHEN WILLIAM PUGH (63) , Unlawfully conspiring with others to defraud Isaac Lewis of his moneys. Second Count—with intent to hinder and pervert the due course of law and justice.
MESSRS. BESLEY. and STRAIGHT. conducted the Prosecution; MR. COOPER. defended Hey, and MR. GRIFFITHS. defended Pugh.
ISAAC LEWIS . I live at Richmond Terrace, Watteford Road, Fulham, and am a builder—I was plaintiff in an action of "Lewis against Clark"—a Mr. Lake was employed by me to swear personalty—his charges were 25l.—I gave him an I O U for that amount before the taxing of the costs—I was only allowed three guineas at the taxing for Mr. Lake's services—he took out a plaint in the Sheriffs Court—I employed Mr. Johnson—I showed the summons to him and went with him to the Court—I saw Mr. Wood, the barrister, there—he had a brief before him—Mr. Lake was also there—I saw Hey after the adjournment—I don't recollect seeing Pugh—I saw Hey in conversation with Mr. Wood—Hey had some papers with him—Mr. Lake went away, and, in his absence, there was an adjournment—I had seen Hey at Mr. Lake's office before the hearing—I had agreed to settle with Mr. Lake for 15l., and the second time I went to his office Hey was there—I said I was come to settle, and Hey said Pooh, pooh, he would not for 15l.—he said, "You can pay 15l. down, and 10l. a month afterwards"—Mr. Lake and me had agreed to settle before that for 15l.—I said "Well, if it is like that, I hope Mr. Lake will be as lenient as he can to me," and Lake said "You and me can settle that"—nothing more was said then—I went away—I did not leave the 15l. with them—I saw Pugh at the taxing of the bill—I did not attend on the adjournment day—I did not go into the office at the Sheriffs' Court at any time for the purpose of consenting to the arrangement—before I got the bill of costs I signed a consent paper, and, after that, I signed this bill of costs—I saw Pugh at the taxing—I had never seen him before, to my recollection—I did not know who he was at all—he asked me if my name was Lewis, and I said "Yes"—and he said, "Are you come about the bill of costs, and I said "Yes"—he said "You will find it all right"—I said I never heard of such a thing as 20l. costs for a 15l. debt, and he said "You know more of bricks and mortar than you do of a bill of costs; I have been in the law line these, twenty years, and I know how to draw a bill of costs"—we then went into the taxing room—Hey was there, and Mr. Johnson, and Mr. Biggenden—I believe they went through the question about the charges—Biggenden came to me some time after I had paid the money into Court—I had not seen him before that—I went to Mr. Maynard, a solicitor, after that, and placed the matter in his hands—I saw the defendants at the Sheriffs' Court one day after the taxing—I did not speak to them—they appeared to be acting in a similar way to what they did on my occasion—I only saw them again on that occasion before they were at Guildhall—I did not know that no solicitor had been employed in my case.
Cross-examined by MR. COOPER. Q. You recollect meeting Mr. Hey at Mr. Lake's office before the adjournment? A. Yes—he gave me a piece of paper with his name and address on it—at the Police Court at Guildhall, Mr. Lake was prosecuted, as well as the two defendants, for conspiracy—Mr. Johnson told me that he had agreed that I should pay 15l. and the costs—I did not assent at that time, I did afterwards—I don't recollect ever hinting to Mr. Johnson that I was going to take criminal proceedings against these men—I don't think I ever did mention it to him—the first time I thought of taking proceedings was when Mr. Biggenden called upon me.
Cross-examined by MR. GRIFFITHS. Q. How long have you known Biggenden? A. I can't say—I did not know him before he called on me—that was the first time I had seen him, after this matter—I knew Hey was not Mr. Biggenden—I made an information to obtain a summons at Guildhall—that was made on oath—I swore there that I believed that Hey was Mr. Biggenden, and that Pugh was his clerk; I did not know who they were; I believed it, because the name of Biggenden was on the brief—I did not know who they were, they were strangers to me—before I swore that information, I had seen Hey, and he had given me his name and address, and told me his name was Hey—I knew Hey was not Mr. Biggenden—I did believe that Pugh was—the depositions are taken wrong—I knew Key's name, and I understood that Pugh was Biggenden, and Hey was acting as his clerk—I did not take any trouble to inquire whether there was any attorney employed against me—I saw counsel there, and I believed all was going on genuine—I did not know whether there was an attorney against me or not.
EDWARD JOHNSON . I am an attorney, at St Martin's Court, St. Martin's Lane—I acted for Mr. Lewis in the matter of "Lewis against Clark"—I attended at the Sheriffs Court when the case came on, on the 2nd August—Mr. Lewis was with me—I saw Mr. Hey there—he told me that Mr. Wood was the counsel engaged, and then I spoke to Mr. Wood with reference to making terms—in the midst of my conversation with Mr. Wood the case was called on—Mr. Lake was then absent, having gone to his office, and Mr. Wood asked for an adjournment—the case was then adjourned to the 12th August—the same day, after the adjournment, Mr. Wood and myself agreed to settle the action upon Mr. Lewis, paying 15l., and the costs upon the 15l., and I think Mr. Wood endorsed his brief to that effect—we then went to the registrar, down stairs, and arranged to have the order drawn up upon the terms agreed; but a clerk in the office said that, as it had been called on and adjourned, we must attend on the adjournment day, unless a written notice was forwarded by Mr. Lewis to the Court; in the meantime a written consent was given—I went into the office; the prisoners went in as well, I think, I am not certain of that—they were about the Court, at any rate—I did not know them before, and I did not know their names—I did not know Mr. Biggenden before I saw him at the Guildhall Police Court—in the interval between the adjournments the consent paper came—Mr. Lewis signed it, and it was sent to the Court on the 12th, the adjournment day—I did not attend on the 12th—I got the bill of costs about ten days afterwards, and I went with Mr. Lewis to the taxing-master's office, to tax it on his behalf—both the defendants attended on the other side—the bill of costs was set out upon the higher scale, and I objected to it, and ultimately the taxing-master taxed it on the lower scale—the defendants wanted it taxed
on the higher scale—the taxing-master rejected that bill, and said he would tax under the Act of Parliament, under the scale of allowance—he put that bill on one side, and allowed them only the lower scale—I acted throughout under the belief that there was an attorney in the matter, and that Mr. Biggenden was the attorney because his name was at the bottom of the brief, and at the bottom of the bill of costs—that was the only reason—the practice at the Sheriffs' Court is, if there is no attorney there is no taxing; the costs are allowed in Court—the bill of costs does not profess to be signed by Mr. Biggenden; but it is usual to put the name at the bottom of all the papers.
Cross-examined by MR. COOPER. Q. You saw Hey and Pugh together on 2nd August, I think? A. Yes—I knew that Hey was going to give evidence if the case had been tried—I did not know what evidence he was going to give—Mr. Wood was not there at the time of taxing the costs—when I was for the lower scale of costs, both the defendants opposed it—the Taxing-master said that only one of them must do it, and then Pugh conducted it—I think Pugh said that he was Mr. Biggenden's clerk; at any rate, he made me believe that he represented Mr. Biggenden.
Cross-examined by MR. GRIFFITHS. Q. And Pugh was acting as Mr. Biggenden's representative, for Lake, of course? A. Yes, for Lake.
JOHN WILLIAM GRANT . I am assistant registrar at the City of London Court—I produce the papers in the case of "Lake V. Lewis," including the bill of costs that was taxed—I allowed 18s. 4d. for the summons; paid on issuing subpoenas 17s.; Court fees, 1l. 12s.; counsel with brief, 2l. 4s. 6d.; 15s. for attorney; refresher to counsel, 1l. 3s. 6d.; 10s. fee to attorney on the adjournment; 5s. for subposna; 10s. for subpoena for Mr. Johnson's attendance as a witness, and 15s. for the attendance of Mr. Hey as a witness on two occasions; and also allowed 1l. 10s. to Mr. Lake as a witness, on two occasions, he being a surveyor—the defendants were present when the taxing took place—I proposed that a bill should be brought in to Mr. Pugh and those who came there—the bill was brought in, and the defendants came down—I said they had better come on the 12th, and we would go into the items with Mr. Johnson—I said, "You can't have these costs at all," and struck my pen through them and I said, "You are only entitled to the amount allowed by Act of Parliament"—I had not seen them before that at all—I never saw Mr. Biggenden till I saw him at the Police Court—I should not have allowed the charges if I had known that no attorney had been employed—the brief was produced to me at the taxing in the ordinary way—when the case was called on, Mr. Wood opened the case, and Mr. Lake had gone away to fetch the I O U—Mr. Hey was put in the box as a witness, and then the Court was adjourned for Mr. Lake.
Cross-examined by MR. COOPER. Q. Who took out the plaint? A. Mr. Lake himself.
Cross-examined by MR. GRIFFITHS. Q. Was it a fact that Mr. Lake took out the costs himself, all that were allowed? A. Yes—we should have only paid it to Mr. Lake—I should not pay it to anybody but Mr. Lake, or by his authority, in writing—I have the book here with his signature—1l. 5s. was allowed for the attorney, and that is all that would be got.
JOHN BIGGENDEN . I carry on business at 34, Castle Street, Holborn, as a solicitor—I have known Pugh for several years—he was formerly a client of Mr. Biggenden, sen.—I remember being examined at Guildhall Police Court—I had seen Pugh about three weeks before that, and had a conversation
with him—he came to my chambers on the Saturday, when I was out of town, and on the Monday he came and informed me that I was wanted down at the Sheriffs' Court—he told me that my name had been put to the brief in this case of "Lake against Lewis," and I informed him that I knew nothing about it—that was on a Monday, some time in August—I never authorized anybody to put my name on the brief—a few days afterwards he came to me again, and offered me a guinea or a pound, I forget which, and I refused to take it—I suppose he wanted to settle the affair—he said it was for the case of "Lake against Lewis"—I said I knew nothing about it, and I would not take it—I had never heard of a case of "Lake v. Lewis" until he came to me—I never drew any brief or gave instructions to anybody—I never authorized anyone to pay 2l. 4s. 6d. on my behalf, to counsel in that case—I never instructed anyone as attorney in the case—I have seen Hey once before—I did not know him until I saw him at the Guildhall Police Court—I did not authorize him to draw a brief, or to pay 2l. 4s. 6d. on my behalf, or put my name at the bottom of the brief—I never authorized either of the prisoners or anyone to put my name to the bill of costs—there was no relation of any kind existing between myself and the prisoners before, from which they could imply an authority from me to use my name—Pugh has not acted as my clerk—I have not received the amount of this bill of costs, not a farthing—I never told anybody that employing Mr. Pugh was as good as doing the business myself.
Cross-examined by MR. COOPER. Q. Who did you first see about this action? A. Mr. Pugh—he came to me on the Monday and told me I had been wanted on the Saturday; that my name had been put to the brief in the case of "Lake against Lewis"—I said "Mr. Pugh, how could you act in that way towards me? I would not appear at the Sheriffs' Court in such a case like that because I have not been properly instructed"—he said all would be right—I said I did not think it would be all right to put my name to a brief in that way, and he said it would be all right, or words to that effect—I said it was too bad to behave in that manner—Pugh merely laughed at that, and said it was nothing at all, went away, and came again a few days afterwards—it was the Saturday previous to the Monday that Pugh said I was wanted at the Sheriffs' Court—he came again a few days afterwards—he said "Here is your guinea, Mr. Biggenden"—he said it was a bad affair, but it would pay us very well, and that he should get nothing out of it himself, or words to that effect—I refused to take the guinea—I asked on what scale the costs were allowed, and he said "The lower scale"—that was when he offered me the guinea—he did not say that he only got 5s. out of it himself—I won't swear that he did not—I had not conducted other cases with Pugh before this action—I don't remember a case of "Lawrence"—I never heard of it—I don't know Henry Matthews, of 159, Vauxhall Road, solicitor's clerk—I never heard the name before, it is quite a novelty to me—I don't remember his calling at the office when Pugh was absent—I certainly don't know him by name—I have several persons call, but I don't recollect them all—I did not tell any such person when Pugh was absent, nor say that it would be just the same instructing me as it would Pugh—I swear that—I don't know Robert Merton—(Robert Merton was called into Court)—I don't know that gentleman by name, and I don't think I ever saw him before—he never came to my office—I was not in the Castle Tavern with Pugh when Mr. Merton was there, and I never heard Pugh tell him that he had joined partnership with me, and that he would be much
obliged if he sent him business—I never gave Merton my card—I give my card to persons who ask me, but I can't recollect all of them—I have not solicited business from Mr. Pugh—I have met him on several occasions—I have not often solicited him to bring me business, nor have I divided the profits with him—this paper (produced) is in my handwriting, certainly—I have told Pugh I should be most happy to do any legitimate business—I said nothing about sharing it; I will swear that—he never has brought me any business—I never received a penny from him, and have never paid him any, not a sixpence—I went to Mr. Wood's chambers in the Temple about this case of Lake's—I did not see him on the first occasion, I saw the housekeeper—I called again, and met him coming out of his chambers—I told him I was informed that he was counsel in the case of "Lake against Lewis"—he said he was, and he asked me if my name was Biggenden, and I said it was—he said "Your name was put to the brief"—I said "It was without my authority"—Mr. Wood said it was too bad to act towards me in that way—I was very much put out at it, and I said I should indict Pugh for embezzlement, which, of course, I knew I could not do because he was not my clerk—I was so put out I did not know what I did say—I told Mr. Wood that Pugh was not my clerk, and had no authority from me—I certainly never led him to believe he was my clerk—I swear I told him distinctly he was not.
Cross-examined by MR. GRIFFITHS. Q. You formerly lived in Southampton Buildings, did not you? A. Yes—that was about a year ago—I was first on the ground floor, and then at the top of the house; the garret, if you like to call it so—Pugh did not come to me at the top of the house—I was on the ground floor first—he very likely came to see me there at my invitation—that was not to solicit him to get business for me—Mr. Pugh often used to come to Southampton Buildings—sometimes it was a friendly call—he did not always come on business—he never offered to get me any business—I told him that if he could get me any legitimate business I should appreciate it—I did not tell him that my connections were respectable, and I should like him to join me; I will swear I did not—he did not say he could not bring friends to such an office as that—I did move two or three months after, to the beet of my recollection—I am in Castle Street now, on the first-floor back—I do not keep a clerk—I never did; I hope to have one some day—I take anything I can get; any respectable legitimate business—I don't know what the last case was that I had—I may have issued a few Lord Mayor's plaints—I practice in the Mayor's Court—I can't say when my last case was, it was so long ago—I was in Castle Street at the time—I don't recollect the case—it never went to trial—I only issued the plaint—I never meant to try it—I did not tell Pugh, at Southampton Buildings, that if he would join me I had plenty of money to discount bills with—I said I had a friend who discounted bills, and who would lend money on mortgage—my father was Pugh's lawyer for upwards of twenty years, I believe—I knew Pugh very well—I don't recollect that it was in July that Pugh called upon me at Southampton Buildings—I have been to the Castle Tavern with him to have a glass, very likely—I can't say that that was in July, or whether it was summer or winter—I never agreed with him that he should act as my clerk, and that he was to have a part of the profits—nothing of the sort—Pugh never told me that Mr. Merton, the landlord of the Castle, could get us business—he did not introduce me to Mr. Merton, at least I don't recollect it—I won't swear he did not—I did not
know Mr. Merton—there was a man at the bar, but I did not know who he was; I don't speak to every publican—I won't swear that I did not give him one of my cards, because I give so many cards about, I want to get business—I never mentioned about joining partnership with Mr. Pugh—I swear the word partnership was never used—I remember that perfectly—it was not at that meeting, or at that time, that Pugh mentioned to me the action of "Lake against Lewis"—I will swear, to the best of my belief, that that was never mentioned at the Castle Tavern—I mean to swear that the Monday in August was the first time I ever heard of the case—he mentioned the costs to me on the Monday—Mr. Pugh told me it was settled on that day by consent—I don't recollect that I swore before the Magistrate that I would not swear that Pugh did not mention it in July—I did not say what month it was—I can't say what month it was; it may have been in July—it was on a Monday, but I can't say which Monday it was—I was out of town on the Saturday—when I went on the Monday, my housekeeper informed me that a message had been left that I should be required at the Sheriffs' Court—it was a fortnight or three weeks after that that Pugh offered me the sovereign for the costs—it was not on the same day, the Monday; nor the Tuesday—to the best of my belief it was a week or ten days after—I knew that the case was over then—Pugh never told me on the Monday that he had taken the costs out of Court himself; I will swear that—he did not say he was going to take them out—he said the case was "Lake against Lewis," and that my name had been put to the brief—I should not have been satisfied with 5l., unless I had been properly instructed—I thought I was entitled to more than a sovereign—I said before the Magistrate that I wanted to get all I could, and that is the truth—if I bad got a sufficient sum out of Mr. Pugh, and if I had been properly instructed, I should not have prosecuted him—I will swear I did not tell Pugh to bring the plaint note—I never saw the plaint note—I told him it was a very irregular thing to take out a plaint note in my name without my consent—he told me he had not got it—to the best of my belief, he said Mr. Lake had got it—I told him I considered it was a very irregular thing to take out a plaint note as he had done, and that, if he wanted to act honestly, he would let me have it in my possession—I don't recollect that he called at my office on the 26th August—he may have done so—he never told me in July that Mr. Lake had employed me in the case of "Lake against Lewis" on the condition that I gave Mr. Lake an indemnity against coats—nothing of the sort was said—I did not say that it was against the etiquette of the profession to give indemnity against costs—nothing was ever said about it at all; I am quite certain of that—I never saw this letter before I saw it at the Police Court—I never authorized any one to write a letter of that sort—I know nothing about it.
MR. BESLET. Q. On a particular Monday morning Mr. Pugh came and told you the matter had been settled by consent? A. Yes—it was between 12 and 1 o'clock, I think—that was the first time that "Lake and Lewis" was ever mentioned to me.
EDWARD PHILLIPS WOOD , Esq. I was called by the defendants before the Magistrate—I am a member of the Middle Temple, and have been practising about ten years—I know both the defendants; but not very much of Pugh—I have known Hey as a surveyor in other cases in which I have been engaged—I have known him as a witness in several cases, and in one case he was a complainant—I only knew Pugh in this case—I have seen him a good many
times about the Temple and the Courts—I have seen Hey speak to him once or twice; I may say in his company—I always understood that he was clerk to some attorney—I have seen him going to Mr. Bailey's chambers, in Hare Court—that was my first acquaintance with him—he came to me in this ease—I knew him by sight, and I knew his name was Pugh—he had never been to me on business before, and that was the first time I ever had a brief with Biggenden's name upon it—I was not there when he brought the brief—it was put through the letter-box—he afterwards came with Hey, and he then told me he had put it through the door—Hey gave me a cheque on behalf of Mr. Lake, for 2l. 4s. 6d.—Pugh told me he had left the brief for me, in the case of "Lake against Lewis," and he asked if I should be able to attend to it on behalf of Mr. Lake—I said I should, and then Hey handed me the cheque—I have not got the brief here—it was given back, I suppose, to Mr. Pugh—I attended on the 2nd August—I sent Mr. Lake to his office a few minutes after 10 o'clock; and while he was away the case was called on—I asked for an adjournment for a little time, and Mr. Johnson got up and said it would interfere with them, and it was put off to a future day—I went to Mr. Johnson afterwards, and suggested it was a pity we should come again, and whilst we were talking Mr. Lake came up—he was very much annoyed at having to come a second time, and I suggested to him that it would be better to compromise the matter—Mr. Johnson said that we could not recover the full amount, because the Master had taxed it at three guineas, and, after a conversation of about ten minutes, it was arranged that we should accept fifteen guineas and costs, and I was fully in hopes the matter would stop—the case had been adjourned till the 12th—I saw Hey and Mr. Lake before the 12th—I did not see Pugh—Hey paid me another fee—I met Mr. Lake the Wednesday or Thursday after the 2nd August—I was not present on the second occation when the case came on—I did not see Mr. Biggenden from first to last in this transaction—I did not know him at all—I asked Pugh who he was, and Pugh said he had brought the brief for him, or from him, I don't know which—he said he was Biggenden's clerk, and was acting with him, or something of that kind—I inferred that he was Biggenden's clerk, from what he said—I saw Biggenden about a fortnight after the 12th August—he called at my place—that was the first time I had ever seen him in my life—I had some conversation with him.
Cross-examined by MR. COOPER. Q. You have known Hey a long time, I believe? A. My acquaintance with Hey began last year—I knew him as a surveyor—I never knew him as an attorney in my life—the cheque was given to me by Hey—Mr. Mortimer was percent—I met them down by the gas works—I saw Mr. Biggenden about my place about a fortnight after, and I asked him if he wanted anyone—he said he was Mr. Biggenden, and he wanted Mr. Wood—I invited him in—he came in; and while I was getting my things together to go to Court, he said, "I have come to see you about the case of "Lake and Lewis," which was heared at the city Court; I believe you were counsel in it"—I said, "Yes, Mr. Biggenden's name was certainly on the brief"—he said, "Did they pay you any fees in the matter?"—I said "I received a cheque for two gainess, and subsequently a see of a guinea for a refresher"—"Well," he said, "I believe they taxed the costs on the higer scale"—I said I did not know about that—he asked what was the amount recovered, amount, and I told him a verdict was
taken by consent for fifteen guineas and costs—he said, "Well, they have taken all the money, and have stuck to it"—I said, "That is not right; do you mean to say that Mr. Pugh has taken out all the money, and has not given you any?"—he said, "Nothing, not a penny"—I said, "Well, that is too bad, I should not like that"—he said, "No, I don't like that sort of thing; it was all done without my authority, and I shall prosecute him for embezzlement"—I told him if I saw Mr. Pugh I would tell him that Mr. Biggeuden had been complaining to me about the matter, and that he had better hand over to him the amount taken on his account—he said, "Well, I wish you would do so"—I then left him—I asked him if Mr. Pugh had conducted other things for him in the Sheriffs' Court—he said, "No, he did call on me and mention it; but he did not state what was going to be done in the matter."
MR. BESLEY. Q. He did not tell you that he had called after it was all settled? A. No, he led me to believe he had called in advance—no time was mentioned at all—Biggenden never said that Pugh had acted as his clerk—I inferred he had, because he used the word "embezzlement."
MR. GRIFFITHS. called the following witnesses for Pugh:
MR. BESLEY. Q. How came you to write the letter of June 1st, 1869? A. I wrote to all my clients in the same way, when I removed from Southampton Buildings—in the letter of November I asked him to bring me business—he never did bring me any—I met him in the street, and told him I should be happy to do any business he could get for me—he never used my office, and no letters were ever addressed there to him, or legal papers left there—I never agreed to pay him salary or any money at all—I have never been present at any time when he has represented me—other papers were put into my hand at the Police Court, which I had never seen before.
HENRY GUNNING MATTHEWS . I live at 159, Vauxhall Bridge Road, and am an accountant—some time in the early part of August last I called at Mr. Biggenden's office, in Castle Street—I saw Mr. Biggenden and another gentleman there—I called to see Mr. Pugh—I had met Mr. Pugh a few days before, and in consequence of a conversation I had with him I went to Mr. Biggenden's office—I inquired if Mr. Pugh was in, and Biggenden said he had not been there that day, but he expected him every moment, and he asked the nature of my business—I said if it had not been already mentioned to him by Mr. Pugh I preferred calling later in the day—Mr. Biggenden then said, "Is it anything that I can attend to?"—I said, "No, I prefer consulting you upon this business in the presence of Mr. Pugh"—he said, "If you see Mr. Pugh in the course of the day, will you send him round here, and I shall be happy to see you"—he said it would make no difference whether I saw him or Mr. Pugh—I did not tell him what the business was—it was a dispute about partnership.
Cross-examined by MR. BESLEY. Q. You knew that Pugh was not an attorney? A. I knew that perfectly well—Mr. Pugh had told me a few days before, that he had joined Mr. Biggenden in business, and if I could introduce anything in the shape of business he would make it worth my while—he gave me the address—I thought he was Mr. Biggenden's clerk—it was business proper for an attorney that I went to him about—Pugh told me that
he would introduce me to a friend of his, Mr. Biggenden, who would transact the business on liberal terms—I did not tell him my business, as Mr. Pugh had not introduced me.
MR. GRIFFITHS. Q. How many years have you known Mr. Pugh? A. Ten or twelve years—he has always borne the character of an honest, respectable man.
ROBERT MERTON . I keep the Castle Tavern, Portugal Street, Lincoln's Inn Fields—I have known Pugh ten years—I remember his calling, with Mr. Biggenden, at my house, at the end of June or the beginning of July—I heard Mr. Pugh say that he was about to join Mr. Biggenden, and he asked me to give him some business from our house, as we have a great many persons come up from the country every week—I said, "Very well, I will see what can be done"—Mr. Biggenden said, "Anything you can recommend shall have my serious attention"—I have never heard anything against Mr. Pugh—he was always a respectable, honest, straightforward man—I knew him as clerk to Mr. Olive, a solicitor.
Cross-examined. Q. Has Pugh been to your public-house daily? A. He comes in occasionally—I have been to Mr. Olive's office, and he has been to my house—I did not see clients at my house—I knew Mr. Olive very well, and I knew Mr. Pugh from being with him—it was about twelve months ago I saw Pugh there—he used to sit at a desk in the office—I have seen him there from time to time—Mr. Olive has been dead about twelve months.
EBENEZER CONQUEST . I am independent—I live at Islington, and have lived there about fifty years—I have known Mr. Pugh very nearly thirty years—I knew him as Mr. Olive's clerk—I have known him as an honest, respectable man—he had collected money for me and I have employed him on many occasions.
CHARLES ALEXANDER MORTIMER . I am an accountant—on 2nd or 3rd September I called at Mr. Biggenden's office, in consequence of a letter I received—I saw Mr. Biggenden there and another gentleman of the name of Field—I said I had come to make a tender of some money—Mr. Field said he wanted the plaint note, to take the money out of Court—that was in the case of "Lake and Lewis"—it was the first I had heard of it—Biggenden told me that Mr. Pugh had gone on with the matter without consulting him—he did not say that Mr. Pugh was his clerk; but he gave me to understand that he was acting under his authority in this matter.
Cross-examined. Q. Where do you live? A. Durham Place, Dalston—I have no office in the City—I do business with persons at Dalston, but more frequently at Basinghall Street; not at a public-house—I never saw clients at a public-house.
MR. COOPER. called the following witness for Hey:—
NICHOLAS LAKE . I am an architect and surveyor, at I, Adelaide Place, London Bridge—I was plaintiff in the action of "Lake v. Lewis"—I have known Mr. Hey fifteen years—he is a friend of mine—I always knew him as an architect and surveyor—I never knew him to act as attorney or attorney's clerk—I gave him this cheque to pay to Mr. Wood, I also gave the guinea afterwards to him to give to Mr. Wood as a refresher—this (produced) is the receipt Hey gave me for the costs in his attendance upon me—(Read: Lake and Lewis. Received, of Mr. Nicholas Lake, 3l. 15s. 6d. for attendance in the City of London Court, and perusing accounts, and all travelling expenses. William Hey"—I always found Mr. Hey honest, and that was his character generally.
Cross-examined. Q. You never knew Mr. Biggenden at all? A. Never saw him—I dealt with Pugh as his clerk—I protected myself against Biggenden by a written indemnity—I made Pugh's acquaintance at the County Court—I took care never to see Biggenden at all—I never saw the bill of coats—I don't think that is Pugh's handwriting to it—I believe it is Mr. Hey's—I have got the receipt for 3l. 15s. 6d.—the allowance was only 30s.—I gave him extra for going through the accounts—I took the money out of Court myself, and paid over the 3l. 15s. 6d.—the action was brought upon an I O U for 25l.—I was not willing to settle before the hearing on 2nd August—Mr. Lewis called at my office—I think I saw him twice—I undertook to take 15l. in settlement of the matter, with the payment of costs—when he came with the 15l., Hey said he must have 10l. a month—there was something said about his knowing a great deal about costs, but very little law—there was a word or two between them—Pugh was not there—I took the summons out myself—I instructed Pugh as Biggenden't representative.
MR. COOPER. Q. At the first trial was Hey put in the box? A. Yet—merely to justify my accounts—he had gone through the whole of the accounts—I did not think that 3l. 15s. 6d. was too much for the time and the trouble he had taken—Hey was nothing else in the action, from first to last, but my friend and witness.
JAMES JOSHUA CARPENTER . I am a builder, at 87, Newington Butts—I have known Hey twelve years, but intimately about seven or eight—he is a surveyor and architect—I never knew him to act in any other capacity—I never knew him as an attorney or attorney's clerk.
GUILTY .— Two Months' Imprisonment each , and fined 20l.
OLD COURT.—Tuesday, December 14th, 1869.
before Mr. Recorder.
MR. GRIFFITHS. conducted the Prosecution; and MR. WOOD. the Drfence.
JAMES BRYAN . I am a costermonger, and live at 21, Short's Gardens—on 22nd November, about 3.30 in the afternoon, my brother called me down stairs—I went down and saw William Barrett—I said, "What do you want,
Bill?"—he said, "Will you fight me for 5s.—I said, "No, Bill, I have no provocation to fight you;" with that he up with his hand and hit me—I was outside the house at that time—John Barrett was standing at the corner, and he halloaed out "It's all right;" and with that six of them came up, and William Barrett was the 7th—I had 8s. in my pocket—a man named Finch came up and halloaed out to William Barrett "What are you a doing of, Bill?" and at the same time he caught me by the throat, and hit me and knocked me down, and carried me into the passage, and began hitting me, and he deliberately put his hand in my pocket and took out the 8s., and tore the buttons off in doing it—he then dragged me out of the house again, and said, "Fight, you b—"—I said, "I don't wish to fight"—I was hurt, and had my hand bit—my face was all over mud, and I had a little bruise on my nose—I had had a bit of a quarrel about four months ago with Michael Barrett, but I thought that was all dropped and past—I never said anything about it.
Cross-examined. Q. Have you been into the prison to see the prisoner? A. Yes, his wife asked me to go—I did not say I had not lost any money—Michael Barrett told me to say I had found my money—I received 50s. from his wife as a compliment for what they done to me—this is my receipt for the money—I did not go to the Police Court, but they sent a summons for me—I tried to beg them off, but the Magistrate would not have it settled—I knew that Michael Barrett has a diseased heart, and has been in the hospital—I don't know what has become of Finch—I have not seen him since.
NOT GUILTY .
MR. GRIFFITHS. conducted the Prosecution.
WILLIAM FREDERICK LONDON . I am a plumber, of 19, Stewart Street, Old Artillery Ground—on the night of 24th February, I shut up my house safe a little after 11, when I retired to rest—I rang the bell at 6 o'clock in the morning, for the servant, and she went down stairs first—I went down afterwards and found that the house had been broken into, and missed two coats, five table cloths and other things—the kitchen window was open—it was shut down the night before, and to the best of my belief, latched, but the shutters were not shut—I afterwards saw my things at the station-house, they were given up to me.
HENRY FORDHAM . (Policeman H 197). About 5.45 on the morning of 25th February, I went to 32, Flower and Dean Street, and there saw the prisoner with two men and a female, the prisoner had a bundle in his hand—when they saw me they made their escape out of the back way of the lodging-house—the prisoner dropped the bundle, I have known him a long time and am sure he is the man, I was close to him—I picked up the bundle, it contained coats, table cloths, an umbrella and other things—I searched the lodging-house, and found the clock up stairs on a bed in one of the rooms—I afterwards examined the prosecutor's house, and found it had been broken into—I apprehended the prisoner on 25th November, in a lodging-house, in Flower and Dean Street—I had not seen him since—I told him the charge—he said I was mistaken.
Prisoner. Q. How can you swear that I am the man? A. Because I was close to you—I could not take you then, and must either have lost the
property or you and the other two—I have seen you scores of times about Flower and Dean Street, I could swear to you out of a thousand—there were upwards of 100 persons in the lodging-house when I apprehended you—I was looking for another man—I did not notice anything remarkable in your way of running.
Prisoners Defence. I am a perfect stranger in London. On 26th November, I had been bad for some time, and not having means to procure proper lodgings, I went to lodge in one of these streets in Spitalfields. I had not been there above an hour, when this policeman walks in and takes me for this burglary; I know nothing at all about it. He swean he saw me run away, and saw nothing remarkable about me; I am lame with my left foot, which he would have noticed, if it had been me.
NOT GUILTY .
MR. LEIGH. conducted the Prosecution.
HENRY COLLINS . I am a printer, and live at 3, Lane's Court, Clerkenwell—on Saturday night, 11th December, about 12.5, I was coming down St. John Street Road; at the corner of Arlington Street, I was attacked by five or six men, they caught hold of me by the shoulders and legs, and threw me right bang on my back and held me there, some on one side and some on the other, and two of them across my legs—they put their hands into my trowsers pocket, and tore my trowsers all down—I shouted out, "Police" as loud as I could, they then let go of me from behind—the prisoner was rising from off my legs and I seized him by the throat, and held him till a gentleman and a policeman came up—I lost about 1s. 8d. in silver and copper, out of both my pockets.
Prisoner. Q. When you laid hold of me, was I not standing behind you? A. No, you were rising off my legs—no one told me to let you go, as you were not nigh me.
WILLIAM JENNINGS . I live at 9, Arlington Street—about 12 o'clock on last Saturday night, as I was going along, I heard the cry of "Police!" and when I got up to the place, I saw the prosecutor and prisoner struggling together—I caught hold of the prisoner, and held him till the policeman came up—I saw three or four men pulling the prosecutor about at the time I came up—he was excited, but I think he was sober.
DONALD MCKAY . (Policeman G 209). I heard the cry of "Police!" and went up immediately, and saw the prisoner held by Mr. Jennings—the prosecutor complained of having been robbed and assaulted, and told me to take the prisoner into custody, which I did—he walked quietly for about forty yards, he then began to use violence, took hold of me by the thumb, and fell against my legs several times—I got the assistance of another constable, and with great difficulty got him to the station—he tried all he could to get out of my grasp—the prosecutor was sober, and so was the prisoner.
Prisoner's Defence. I had just left a public-house, and was walking along, when the prosecutor laid hold of me. I knew nothing about it I was by myself.
GUILTY . **— Five Years' Penal Servitude.
MR. BESLEY. conducted the Prosecution; MR. GRIFFITHS. defended Clark, and MR. STRAIGHT. defended Hopkins.
import German and Belgian boards, manufactured from straw, which afterwards have paper put on them for the purpose of making boxes—some time in July the prisoner Clark with his wife came to my premises—I did not know him before—he wanted work—he said he knew how to line my boards, and could do it at a reasonable price—I sent him some afterwards—I supplied him with all the materials, and he did the labour—I supplied him with materials from time to time, he put them together and returned them to me, and I paid him the price agreed on, so much per ream—I have my book here—his wife seems to have been the manager in this business, and she came for the money, and signed "J. Clark" for him—a settlement was made on 1st October up to that date—boards were delivered out to him after that settlement, on 1st October, 27th October, and 3rd November—I sell the boards wholesale at 11s. a cwt—on 1st October a ton and a half were delivered out to him—this entry is in my writing—he did not return the whole of that manufactured, there was about 1 1/2 cwt. deficient—on 27th October the entry is my brother's, he is here, 148 bundles, i.e. 64 cwt, were delivered out, twenty bundles afterwards on 28th, and another twenty on 29th, altogether 74 cwt in 1/2 cwt. bundles—the whole of those were not returned to me manufactured—there was a deficiency of about 8 1/2 cwt.—on 3rd November here is an entry in my writing of 1 ton delivered out; of that 6 cwt. was returned, leaving a deficiency of 14 cwt.—the paper was sent in at various times between 1st October and 16th November—I have the entries here—here is one lot that I have a receipt for, sent on 16th November—that went from my office while the prisoners were there, for a special purpose, to line the 14 cwt. of boards that were to be returned to me on the Thursday morning—it was a small quantity of four reams and ninety-six sheets—altogether I find sixteen reams nineteen quires short—I can tell if necessary the way in which I arrive at that—I have gone carefully into it—on 16th November, I had an interview with both the prisoners at my warehouse—they came there and demanded money from me; an amount that I certainly did not owe them—I forget the amount just now; I think it was 6l. or 7l.—I told them in the first place I did not owe that amount, and in the second I would not pay the small amount I did owe until my goods were returned—Clark said (he and his wife were both there) that if I would send sufficient paper to cover the 14 cwt. of boards they would let me have them on the Thursday morning—that would be two days afterwards—I told them I wanted the boards very urgently for an order, and they promised to send them—that was the remainder of the ton sent on 3rd November—I sent the paper for those boards while they were at my office, four reams and ninety-six sheets to their residence, in 11, Paradise Street, Finsbury—this is the ticket, signed by Mary Bradshaw, for Clark—I saw nothing of them on the Wednesday, and on the Thursday I went to Clark's workshop, 6, Primrose Street, Bishopsgate, about 10.30 in the morning—I found no one there—it was locked up on the outside—I looked through the window, I could see every part of the building, and I found all my goods were gone—I had been there previously, on several occasions, and seen my goods there—I then went to Clark's residence, in Paradise Street—I got there about 11 or 11.30—I inquired for Clark—I saw the person living in the front room—Clark occupied the back room up stairs—I endeavoured to get access to that room, but it was locked—I could not see into that room—on the 19th I
went to Mr. Toy's, 215, Queen Street, Bethnal Green—he keeps a grinder's shop, and sells leather, and all sorts of materials for shoe makers—I saw in his possession about 2 cwt. of boards, which I identified as my property from the size, the mark, and the quality—I have specimens of them here—they were not in the same state in which they left my premises, the bundles were altered, and the outside marks removed—there was a mark on the outer bundle of every hundredweight—they were all removed—that same evening I went with two officers to Mr. Hubbard's, of 14, Ashwell Road, and saw about 4 cwt. of boards there, which I identified as mine from their size, thickness, and quality—I also found this board marked "25 by 30, N. B." thrust into the centre of a bundle, it was originally an outer board, and the bundles were altered into 1/2 cwts.—that was the only marked board I found, all the other marks had been removed—on 20th November I went to a person named Balls, 148, Green Street, and there found about 7 cwt. of boards, which I identified as mine—they were part of a lot I had sent to the prisoners on 3rd November, and part of another lot—they are covered with paper—on the same day I went to a person named Cole, at 4, Royston Street, and there found about 1 1/2 cwt. belonging to me—I knew them from the marks, the size, thickness, and quality—the marks were not removed from those—the quantities I have mentioned are lying at the police-station—the police have portions of them here—the value of the boards, after the white paper was pasted on both sides, would be 23s. per cwt.—that is my wholesale price—about 1 1/2 cwt. of the quantity I traced is lined on both sides—that was found at Balls'—I gave the prisoners in custody on the evening of 19th November—I had never seen Hopkins at work at Clark's workshop.
Cross-examined by MR. GRIFFITHS. Q. Have you a large warehouse in Thames Street? A. No, it is not large—my principal stock is kept at the wharf—I don't employ any men at the warehouse, only one clerk, nor at the wharf, that is the wharfinger's affair, not mine—the mark on these boards is placed on them abroad—I buy them in Prussia, of Messrs. J. Kammeran—they are the manufacturers—I dare say they make millions of these boards—I am not the only person who deals with them—I don't know how many do; quite a dozen, I should think, at any rate, or more—they would not all have the same mark—nearly every importer has his own mark—this particular lot I bought at the wharf—they were marked "N. B. 12"—the "N. B." merely designates the particular parcel, and "12" means the number of ounces to the sheet—other parcels might have the same mark—it is a private mark of the manufacturer, not mine—there was a lot there marked "N. B. 12," which I did not buy—Clark used to work for a Mr. Pound, a packing-case maker, but he left there some time ago—I called there on 19th November, and the principal clerk told me he had not been to work for ten days—the last lot of boards I sent to Clark was on 3rd November, and the last lot of paper on 16th November—he was not working for Pound then, he had left long before that—I paid him 2s. 9d. per ream—I can't say what I paid him in July, I have no entry of it—I have not entered all these amounts in the book, I did not think it necessary—the entry on 1st October, is 2l. 9s. 4d., signed "Settled" by Mrs. Clark—she did not say that any money was due to her then—that was a full settlement of the account to that date—I gave it her in cash—they did not offer me an account on 16th November, I swear that—I have received no account from
them—I did not tear it up and say I would not pay anything until the goods they had were returned—I saw a copy of account attached to the summons on the 24th, when they sued me—they certainly did not tell me on 16th November that I owed them 10l. 7s. 7d., and that they gave me credit for my cheque for 2l., leaving a balance due to them of 8l. 7s. 7d., and if I did not pay it they would not return my goods, but would sue me in the Court—they never said anything of the sort—they did sue me four days after I gave them into custody, on the 24th, before Mr. Commissioner Kerr—he referred it to Mr. Buchanan—I don't know that Mr. Buchanan made an award—I did not take up the award—there was no award—I don't know that his decision was not in my favour; I swear that—I gave the prisoners into custody on the 19th—I did not receive the summons till midday on the 24th—it was dated the 18th—I gave them this cheque on 6th November—it was more than I owed them at the time—that cheque was not dishonoured—the bankers did not pay it—they referred it to me, because it was not presented till long afterwards—I had plenty of money at the bank to pay it, and here is my pass-book, if you wish to look at it—Mrs. Clark has applied to me for money on a great many occasions, and I have frequently advanced her over and above what I owed her—she has not complained to me that I have not paid her in full, the facts are the other way—a man named Tilley worked for me—he has not complained that I did not pay him his account—he owes me an account now—he has kept back some of my boards—he does not work for me now.
Cross-examined by MR. STRAIGHT. Q. What is the amount of the deficiency between you and Clark? A. It is put down at 14l. in the depositions—I have discovered more since—about 14l. would cover it—Hopkins came with Clark and his wife to my office on the evening of 16th November—I told Hopkins that I had made inquiries about him in the trade, and found he was a trustworthy man bearing a good character; I believe he does.
MR. BESLEY. Q. This summons, which is not yet determined, refers to an account of 10l. 7s. 7d.—did you ever see that account until the summons came to you on 24th November? A. Never—besides the 2l. that is written off that account, I advanced them 12s. 8d. on the 1st October, an gave a cheque for 2l. 10s. on the 16th, and 2l. on 2nd November—they have been paid, and the cheque on 6th November Clark paid away and got the money for it—at the time my bankers referred that cheque back to me I had above 100l. in their hands—Mr. Metcalfe called on me about that cheque, and I gave him the cash for it—Clark had had the money long before that—they never threatened to convert my property into money if I did not settle with them—I can prove that I generally paid them over.
ROBERT BENNETT . I represent Southwark Wharf—goods of this description were lying there—I have an entry here of 8 1/2 tons, delivered on 28th October, by Mr. Rowney's order, and 1 ton on 3rd November—I have an entry of the mark of the exporter, "N. B 12"—I cannot say that there is that now, but there was a large lot of that description and mark lying on the wharf—twenty bundles, 1 ton, were delivered out according to Mr. Rowney's order—some were delivered before November—Mr. Rowney selected 1 ton himself—there was another parcel of the same quality—several parties had that—I have only got the books here belonging to Mr. Rowney's lot.
Cross-examined by MR. GRIFFITHS. Q. Do you know who it was delivered to? A. No.
SINCLAIR ROWNEY . I saw the goods delivered out from time to time to the clerks, to have the papers put on them—I saw all the goods sent in—this is my entry of 27th October—the order was given to the clerk and to the wharf.
Cross-examined by MR. STRAIGHT. Q. Who keeps the books? A. I do—Mr. Round pays the men.
Cross-examined by MR. GRIFFITHS. Q. Is there an entry in the books of any payment to Clark? A. Yes.
REUBEN TOY . I live at 215, Green Street, Bethnal Green—Hopkin called on me, on 17th November, with 2 cwt. of boards in a barrow, about 12.30 or 1 o'clock, and asked me whether I wanted to buy them—he asked 8s. 6d. a cwt. for them—I said that I did not want them—he said "You had better have them, you will not get a bargain like it"—I gave him 17s. for the 2 cwt. which I considered was a fair price—none of them had any white paper pasted on the sides—these are in the same state, except that I opened the bundles and put them up in the loft, and Mr. Rowney saw them there.
Cross-examined by MR. STRAIGHT. Q. Have you known Hopkins two years and a half, and dealt with him? A. Yes—I expected it was a job lot—I have always heard that he has borne an excellent character, and always found him a fair dealing man.
JOSEPH HUBBARD . I am a box-maker, of 16, Ashwell Road, Bow—on 17th November Hopkins was brought to me by a man who I was in the habit of buying of—I had never seen him before—he had some boards with him on a barrow, about 6 cwt.—he asked me if I would buy them for 9s. a cwt.—I said that I did not want them, I had plenty—they said that they had brought them a long way, and the roads were heavy—I said, "You may leave me some;" and they left 4 cwt.—he asked me if I could do with some white paper for lining the boards—I said, "No, I do not want it, I have got plenty"—I did not pay at the time—Mr. Rowney came next day while I was out.
Cross-examined by MR. STRAIGHT. Q. How long have you been in the trade? A. Fourteen years—that was a fair price, in my judgment.
Cross-examined by MR. GRIFFITHS. Q. Are they very common boards! A. Yes, they are hawked about every day.
GEORGE BALL . I live at 146, Green Street, Bethnal Green—Hopkins came to my place on a Saturday; I think it was 13th November—he brought some paper boards, covered with white paper—I bought about 1 1/2 cwt. of him—that was the first transaction I had with him—I think he asked 9s., and I gave it to him—on the next Wednesday, November 17th, he came, about noon, with a sheet of yellow paper, such as this—he said that he had 6 cwt. of it, and asked me if I wanted to buy anything of the kind—I told him I thought I had quite sufficient to last me till after Christmas—he asked me 9s. per cwt.—I offered him 8s. 6d., which he took, and I bought the 6 cwt.; here is the receipt (produced)—they were in the same state when Mr. Rowney saw them—I wrote the receipts because Hopkins told me he could not write.
Cross-examined by MR. STRAIGHT. Q. How long have you known Hopkins? A. Between two and three years—he has always conducted himself as a respectable man.
WILLIAM COLE . I live at 4, Royston Street—Hopkins came to me in October, and asked me if I was open for 2 cwt. of straw boards—he asked 10s. per cwt., and I said that I would have them—I bought them, and paid for them—I
think he had a man with him with a dark beard; it was not black—they remained in the same state till they were taken away by the police; but I disposed of 3/4 cwt., at 1 1/2 d. per lb.
Cross-examined by MR. STRAIGHT. Q. What profit would that be? A. 14s. per cwt.—I gave what I considered a fair price, wholesale—I have known Hopkins three or four years, and always found him trustworthy.
RACHEL THOMPSON . I have been working for Mrs. Clark, lining straw boards with white paper, at 6, Primrose Street, Bishopsgate—I saw Hopkins there several times in October—he only came in occasionally—I did not know Clark in the business; I knew Mrs. Clark—Hopkins came for some boards, and took some unlined boards away with him—I knew he had purchased some boards of Mrs. Clark, who told me she had sold some at 8s. per cwt.—Hopkins then took away three half-hundred boards, unlined, all at one time—I saw him take away boards once after that.
Cross-examined by MR. STRAIGHT. Q. Did you see him take them away openly? A. Yes.
Cross-examined by MR. GRIFFITHS. Q. Does Clark rent the whole house? A. It is not at the house that the shop is; he lives in Paradise Street, and the shop is in Primrose Street—Mrs. Clark said that the house was hers—we are supposed to be at business at 8 o'clock—I do not know at what time Clark went to work that morning; but I know he used to call for Mrs. Clark at 7 or 7.30—I did not know him in the business.
RICHARD KENWOOD . (Policeman G). I took Clark on 19th November, at his house, 11, Paradise Street, Shoreditch—I told him it was for destroying a great amount of boards belonging to Mr. Rowney, his employer—he said that be knew nothing about it—I saw Hopkins at the Black Horse, Kings-land Road, the same evening, and said I should take him in custody—I said, "Have you disposed of any paper or cardboard you have received from Mr. Clark?"—he said he had not—I said, "Be certain, for I know you have"—he afterwards said that he had sold 12 cwt., and afterwards he said that he had bought them and sold them—I went to 27, Ely Place, Kings-land Road—he has a small cottage there; two rooms, down stairs, and one up—it contained no trace of this business—I went to Primrose Street; hut the place was closed up, and the landlord had possession—I went into the premises the following day; but the boards were all gone.
Cross-examined by MR. STRAIGHT. Q. When you first saw Hopkins, did not you ask him if he had bought boards of some person named Green? A. No, I distinctly said Clark—I never made use of the name Green.
MR. BESLEY. to S. ROWNEY. Q. You say that you saw Clark when he came with his wife, to arrange, in the first instance; beyond that, have you seen him? A. Yes, he has called on me repeatedly, and the goods have been sent to him—I have never seen him at 6, Primrose Street—when I saw my goods there he was not there.
THE COURT. considered that Clark was responsible civilly, but not criminally. CLARK NOT GUILTY .
HOPKINS. received a good character— GUILTY.—Recommended to mercy by the Jury on account of his character — Four Months' Imprisonment.
NEW COURT—Tuesday, December 14th, 1869.
Before Mr. Common Serjeant.
MR. BROMBY. conducted the Prosecution.
MARTHA WHITE . I am the wife of William White, a grocer, of 18, Allington Street—on 15th November, between 6 and 7 o'clock, I served the prisoner with half an ounce of tea, a quarter of a pound of sugar, and a biscuit, which came to 3d.—she gave me a half-crown, and I gave her 2s. 3d. change, and put the half-crown by the side of the till, in which there was no half-crown—after she left I found it was bad—she came again on the 19th for a halfpenny bundle of wood, and gave me a bad shilling—I told her she had been there the week before with a half-crown—she said she had never been in the shop before—I gave her in custody with the coins.
JAMES WILSON . (Policeman B R 33). I took the prisoner, and received this shilling and half-crown—she said she did not know the shilling was bad, and she had not been in the house before—1d. was found on her.
Prisoner's Defence. I never was in the shop before. I did not know the shilling was bad.
GUILTY . *— Nine Months' Imprisonment.
MESSRS. WIGHTMAN. and CASTLE. conducted the Prosecution; and MR. COLE. defended Hall.
JOHN MITCHELL . (City Policeman 858). On 13th November, about 5 o'clock, I was standing with Garry at the corner of Basinghall Street and Gresham Street—I saw the three prisoners and another woman—the male prisoners were walking in front and the two women behind—I followed them with Garry to the middle of Basinghall Street, which is dark—two of the men stopped there and waited for the women to come up—they all four stood in a group, and appeared to be in conversation for some minutes, and then parted, the two men going in the direction of Fore Street, and the women in an opposite direction, through Mason's Avenue, where we followed them, and through Moorgate Street into Fore Street, where the men came up and spoke to them—they stood in conversation some minutes, and parted again, the women going up Fore Street, and the men down Fore Street towards Finsbury Circus—we followed the men into Camomile Street, where they stopped, and King left Jones and went to the Salisbury Arms, and looked in at the window—Jones then came over and joined him, and they walked to Houndsditch, to the corner of St. Mary Axe—I met Tew and spoke to him—I then seized the two men by their collars over an iron grating—King struggled, and I saw him throw a packet from his right hand, which made a jinking noise, like money—I stooped down and saw a tissue paper packet lying on one of the bars—I picked it up—it contained this bad florin (produced)—I said, "This is it, is it?"—he said, "I know nothing about it"—I found nothing on them at the station—on 14th November Hall was brought to the station, and I identified her—I have also seen her on a former occasion—she said that she could prove she was somewhere else at the time.
Cross-examined. Q. How long after they parted from the females did they meet them again? A. About five or six minutes—I did not see Hall go into any shop—she had on the same shawl which she has now, and a bonnet with red in it.
ANDREW GABBY . I am a carpenter—on the evening of 13th November, I was in a court in Basinghall Street, with Mitchell, who drew my attention to the prisoners and a second woman—the men walked in front, and the women behind—I followed to the middle of Basinghall Street, and saw King give something to Hall—I was four or five yards from them—they separated, and the men went down Basinghall Street, and the women through Mason's Avenue, round Moorgate Street, into Fore Street again, by the corner of Moor Lane—they stopped there a minute or two, and then the man came up—I am sure Hall is one of the women, and who King passed something to—the men then followed the women into London Wall, up Wormwood Street into Camomile Street—King went and looked in at the Salisbury Arms—Jones joined him, and they went to the corner of Hoimdsditch when Mitchell seized them both, and I saw King pass something from his hand, and heard a jingling noise—it fell on an area, and Mitchell picked it up—Tew seized Jones, who struggled into the road, and tried to get away—he threw something from his right hand, which I picked up—it was the bad florin—I went with Tew to Houndsditch—he went into the area where they had stood, and down which I had heard something jingle, and I saw him find these two bad florins there.
Cross-examined. Q. Were you examined at the first examination at Guildhall? A. No, I was afterwards subpoanaed to come up—I had known the officer a little while before—I followed the two women nearly an hour—I had seen Hall before, round Goswell Street—I did not see any of the women go into any shop.
King. Q. What side of Houndsditch were we going up? A. The right—the area projects a foot and a half from the house, and you were upon it—I was on your right, but not upon the area—I saw you throw the coin, and I looked down when it fell—I have never received money from the police—I work hard for what I earn—I was in Bishopsgate police-station on Sunday night, but it was to identify Hall—the constable who apprehended her did not get her description from me—I will not swear that I did not give it to Tew, but I do not know whether he apprehended her.
ROBERT TEW . (City Policeman 83). On 13th November I was at the corner of St. Mary Axe—Mitchell spoke to me, and got hold of Jones and King by their collars—I saw King throw something on a grating, and saw some coins jump—I caught hold of Jones—he struggled till we got to the middle of the street, where I saw him drop this coin from his right hand, which Garry picked up and gave me—I afterwards got a lamp, searched the area, and found there two florins—King had stood on the area, and Jones on the pavement.
Jones. Q. Did not I say, "Don't hold my hands like that? A. Yes, and I said, "I shall not give you the chance of dropping anything else—you dropped the coin before I seized your right hand."
WILLIAM WILSON . (City Policeman 167). I received information and a description, and took Hall on Sunday evening, 14th November, in a public-house in Goswell Street—I told her I wanted her for being concerned with two men in custody for having counterfeit coin in their possession on Saturday evening—she said, "Oh, my God, I know nothing of the charge."
Cross-examined. Q. Did she give a correct address? A. Yes.
King's Defence. The evidence differs from that given at Guildhall I can call the two females into Court who were with me. The policeman swears he saw us at the corner of Moor Lane, which is within a stone's throw of the police-station, with counterfeit coin in our possession, is that feasible?
JONES** and KING* GUILTY .— Fifteen Months' Imprisonment each.
HALL— NOT GUILTY .
MESSRS. WIGHTMAN. and CASTLE. conducted the Prosecution.
ADELAIDE HALL . I am the wife of James Hall, who keeps the Prussian Prince, 111, High Street, Hoxton—on 20th November, between 9 and 10 o'clock, the prisoner and two other men came in for a pot of ale, or beer, which came to 6d.—one of the other men paid with a shilling, which I put on a shelf and gave him the change—they all three drank of the beer—a customer then came in, and I gave him the same shilling in change—the second man then ordered three cigars, and gave me another shilling, which I bent double directly, and returned to him and told him to give me something else for it, and he paid with copper—I said, "It is a bad one," and the customer said, "Mine is a bad one, too"—the three men left directly, and I sent my potman to watch them—I got the shilling back from the customer and kept it—the potman brought back the shilling which I had bent, and I gave it to the constable.
WILLIAM WALPOLE . I am potman at the Prussian Prince—on Saturday night, 20th November, Mrs. Hall gave me instructions, and I went out and followed three persons—the prisoner is one of them—the one I was told to follow had a white wide-awake hat—he chucked away a bent shilling—I picked it up, and put it in my left hand coat pocket, and he came up to me in Wellington Street, offered me a shilling, and said that the thing I had picked up was no good, it was a duffer—the prisoner and the other man were then walking behind—I said that I would not give it to him, and kept it in my pocket—I missed the second man in Kingsland Road—he had not spoken to me—the prisoner and the man in the wide-awake came no to me and wanted me to show it to them, but I would not, and the man with the light wide-a-wake put his fist in my face—I said, "I am not following you"—I left them and crossed to the opposite side—they then went into the Woolpack at the corner of Thomas Street—when they came out, the prisoner came up to me and said, "Halloa, chum, how are you getting on? I can buy you; I will give you half-a-crown for the thing you have got in your pocket, it is a duffer"—I asked a policeman to take them back, but he refused, and asked me if I was the landlord—I said that I was not, but showed him the shilling—the prisoner immediately seized me with both his hands by my collar and said, "I will give you in charge for attempting to Pass bad money"—the constable refused to interfere, and I returned home and gave the shilling to Mrs. Hall.
THYRZA WARD . I am the wife of James Ward, who keeps the Rosemary Branch, Hoxton—on the night of 20th November, between 10 and 11 o'clock, the prisoner came in with a man with a wide-awake, who called for a pint of ale, and gave me a shilling, which I put in the till, and gave him the change; there was no other shilling there—the prisoner went out by himself,
and came in again and ordered a 2d. pint or ale, and gave me a shilling—I said, "This is a bad one"—the man with the wide-awake said, "I know where he got this, I will change it for you"—he gave me a good sixpence, and put the shilling in his pocket, I believe—I asked him for it again, but he would not return it—I then looked at the first shilling, and found it was bad—the other man had left, and the prisoner, who was at the door attempting to leave, said, "I will have you for that shilling;" because I had not given it back to him—I said, "Mind I don't have you for it"—I saw N 443, who afterwards brought the prisoner back, and I gave him the shilling.
Prisoner. At the station you told the sergeant you would not charge me with tendering any of the coins. Witness. I swear I never said anything of the kind.
ALFRED GEAR . (Policeman N 443). I took the prisoner, and received this shilling—I asked the prisoner if he had any more of them—he said he had a pickle—at the top of Whitmore Street he gave a signal, and said, "Rouse, boys, or you are no men;" and I was surrounded by two or three men, and tripped up two or three times, and my hat knocked off—the prisoner was rescued for a short time, but help came, and he was taken to the station—I received these two shillings from Mrs. Hall.
Prisoner. You greatly illused me, and some people in the road interfered. Witness. I used no violence until after I was tripped up, I was then obliged to do it, in execution of my duty.
Prisoner' Defence. I met two men and went with them, and I understand they tendered counterfeit coin. I am innocent.
GUILTY . **†— Two Years' Imprisonment.
THIRD COURT.—Tuesday, December 14th, 1869.
Before Robert Malcolm Kerr, Esq.
MR. COLE. conducted the Prosecution.
GEORGE LEACH . I live at 102, Ossulston Street, Somers Town, and am a confectioner—on Saturday night, 4th December, about 11 o'clock, I was at a public-house at the corner of Euston Road, and the street where I live—I had some ale there, and took out my purse to pay for it—I did not see the prisoners in the house—I went outside, and the prisoner Williams placed her hand in the left pocket of my trowsers—I turned round and pushed her arm—I said, "You vagabond, you want to rob me of my money"—I had no sooner said that than I received a violent blow across the eyes from Barr—I feel the effects of the blow now—I became insensible for a short time, and when I came to myself I saw the prisoners in custody—I am positive that Barr struck me, and that Williams had her hand in my pocket—I saw Bennett there with them.
RICHARD SHER✗D . (Policeman Y 263). About 12 o'clock, on Saturday night, 4th December, I was in the Euston Road, in plain clothes, with another officer—I saw the prosecutor there and the three prisoners—I saw Williams pulling the prosecutor about; I could not tell exactly what she was doing—Bennett was pulling him about also—I then saw Barr strike him on the nose—I took Bennett in custody—Williams ran across
the road, and was stopped by another constable—the prosecutor had been drinking; but he knew perfectly well what he was about—he was bleeding very much.
HENRY OTTWAY . (Policeman 94). On this Saturday, about 12 o'clock, I was in Ossulston Street—Williams was pointed out to me, and I took him in custody—the prosecutor was standing in the middle of the road—he looked very bad indeed.
CHARLES FARENDEN . (Detective Y) On Saturday night, 4th December, I was at the corner of Ossulston Street—I saw Leach come out of a public-house there—the two female prisoners went up to him—Williams was in front of him—the prosecutor threw up his arms, to get rid of them, and Barr came up and struck him on the nose—I immediately took Barr in custody.
Barr's Defence. There was a fight in the Euston Road; I was looking on. The prosecutor was turned out of the public-house in his shirt sleeves, He ran against the short man, who was fighting, and the short man struck him; he caught hold of me, and the policeman locked me up.
WILLIAMS was further charged with having been before convicted, in February, 1863, to which she
PLEADED GUILTY. *— Seven Years' Penal Servitude. BARR†— Eighteen Months' Imprisonment, and Twenty-five Lashes with the Cat. BENNETT— Twelve Months' Imprisonment.
MR. LEIGH. conducted the Prosecution; and MR. HARRIS. the Defence.
WILLIAM WIGG . I am assistant to Mr. Bravington, pawnbroker, 51, Princes Street, Leicester Square—I produce two pairs of women's boots, pledged by the prisoner for 8s., on 25th August, 1869, in the name of Hyppolite.
JAMES COTTON . I am a boot and shoe maker, at 24, Cleveland Street—the boots produced are my property—they were stolen from my stock, about 22nd August—these two pairs are worth about 24s.—I have seen the prisoner at my place repeatedly; he came to see Berthier and Christians, my two lodgers—they were convicted here last Session, for a jewellery robbery.
Cross-examined. Q. Who is your attorney in this case? A. The gentleman behind you—I instructed him yesterday—I had never seen him before—a friend of mine introduced him.
COURT. Q. Are those boots your own manufacture? A. Yes—there were two odd boots stolen, and I have the fellows to them here.
The Prisoner's statement before the Magistrate: "Berthier gave me the things to pledge, and I did not know they were stolen."
GUILTY .— Eighteen Months' Imprisonment ,
MR. LEWIS, for the Prosecution, having stated that it was an empty house, that the fixtures were the only property in it, and that the housebreaking implement was only a common knife, THE COURT. considered that there was no case to go to the Jury.
NOT GUILTY .
119. HENRY CLARIDGE (24), and JOHN HENNESSEY (23) , Feloniously breaking and entering the church of St Silas, Pentonville, and stealing a clock, a looking-glass, and other goods, the property of John Wicks and others.
MR. WOOD. conducted the Prosecution.
ROBERT WHITE . (Detective Y). On 30th November, from information I received, I went to a furniture shop at 3, Winchester Street, and then to a public-house in King's Cross Road—I there saw Claridge—I told him I wanted him for being concerned in breaking and entering St Silas' Church, Penton Street, and stealing three chairs, a looking-glass, and a desk—he said he knew nothing about it—on the way to the station, he said, "I the furniture"—I went to 7, Bevenden Street, Caledonian Road, where Claridge lived—I found a chisel and a bag under his bed—I went to the church, and found the marks on the door correspond exactly in length and width with the chisel.
Claridge. The chisel was never out of my house, and I don't know where the church is.
Hennessey. I know nothing about it, only that I sold the furniture for him.
EMILY MORGAN . I am the wife of George Morgan, and live at 3, Winchester Terrace, Caledonian Road—I keep a broker's shop—on 26th November the prisoners came there, and brought some goods to sell—these (produced) are a part of the goods—I gave 9s. for them—I asked Claridge if they were his—he said, "Yes, your husband knows me very well"—Hennessey was with him—he said nothing—I knew Claridge before.
CAROLINE SPENCER . I am the wife of James Spencer—I attend to the cleaning of St. Silas' Church—on 26th November I was at the church, from 10.50 to 12.30—the three chairs, the fender, the tongs, and shovel are the property of the churchwardens—I can't swear to the clock—they were safe, on the morning of the 26th—the clock was over the gallery.
Claridge's Defence. I was never in the church. I went and sold the things, but I did not know they were stolen.
Hennessey's Defence. I did not know they were stolen; I know nothing about it.
GUILTY .—HENNESSEY was further charged with having been before convicted in April, 1868, to which he
PLEADED GUILTY.— Seven Years' Penal Servitude. CLARIDGE*— Two Years' Imprisonment.
120. HENRY NEWLAND (23), ELIZABETH GREEN (19), JOHN McDONALD (23), and ELIZABETH BEVAN (21) , Robbery, with violence, on Neils Olsen, and stealing a watch, chain and locket, his property. Second Count—Receiving.
MR. HUNT. conducted the Prosecution.
NEILS OLSEN✗ . (Interpreted). I am master of the ship Expedite, lying in the river, off Limehouse—on the evening of 8th December I went with my mate to the Eastern Music Hall—I saw Green outside, she struck my mate—we went in to the bar of the music hall, where I saw Newland—Green followed us in—Green struck my mate, and then she struck me—as soon as she struck me, Newland came up—he pushed me about and struck me several times—I got hold of the counter—McDonald came up and took my watch away from me—I had put it in my trowser a pocket just before I went in—this is the watch (produced)—it is worth about 8l.—I felt the watch taken from my pocket—as soon as they got the watch they ran away, and I sang out for the police—I went to the police-station and identified Newland and Green.
Newland. He recognized another man in a white smock—he was not certain I was the one. Witness. I am sure he is the same man who was in company with Green.
THORE NEILSON . I am mate of the ship Expedite—I was with Olsen on the evening of 8th December, outside the Eastern Music Hall, Limehouse—I saw Newland and Green there—Green struck me on the ear first—we went inside the public-house—the prisoners came in after us—she began striking the captain, and then she struck me again—the captain jumped on the counter—I heard him sing out "Police!"—I only saw Green and New-land, I can't speak to the others.
Newland. He never saw me—I was home by 11.30 that night.
ROBERT LAMB . (Detective K). From information I received, I went to the Sebastopol beer-house, Limehouse, and found Newland there—I told him I should take him to the station for being concerned with others in assaulting a captain and robbing him of a watch and chain on Wednesday night—he said he knew nothing about it—I took Green into custody and told her the charge—she said she was not there, and knew nothing of it—I took the prosecutor to the station, and he identified them—I also apprehended McDonald—I told him the charge, and he said he knew nothing about it—Green said she had nothing to do with stealing the watch, McDonald took it—I went to a pawnbroker's whom I knew McDonald had dealings with, and they gave me the watch and chain.
THOMAS KORMAN . (Detective K). In consequence of information, I took Bevan into custody yesterday morning—I told her she was charged with stealing a watch and locket—she said, "I did not steal it, Jack McDonald gave me a watch, a chain and locket, last Thursday morning to pledge; I pledged the watch and chain for 12s.; I afterwards went again and got 4s. more on the watch. I gave the 12s. to McDonald, and offered him the ticket, and he said I could keep the ticket for myself. I pledged the locket at a pawnbroker's shop in the Commercial Road"—I found the locket there.
WILLIAM BECK . I am foreman to Mr. Thomas Hollington, Catherine Street, Limehouse—this watch and chain was pledged by the prisoner Bevan, on Friday morning, the 9th, for 12s.—she came again next day and received a further advance of 4s.—she said it was her husband's watch, and pledged it in the name of Ann Phillips, 21, Castle Street.
McDonald's Defence. I gave the watch and locket to Bevan on the Thursday morning; she did not know they were stolen.
NEWLAND— GUILTY .— Twelve Months' Imprisonment, and Twenty-five Lashes.
GREEN— GUILTY .— Twelve Months' Imprisonment.
MCDONALD.— GUILTY .—He further PLEADED GUILTY. to having been before convicted in Marck, 1867**— Seven Years' Penal Servitude, and Twenty-five Lashes.
BEVAN— GUILTY. of receiving — Twelve Months' Imprisonment.
OLD COURT. Wednesday, December 15th, 1869.
Before Mr. Justice Keating.
MR. BESLEY. conducted the Prosecution; and MR. RIBTON. the Defence.
EMANUEL LIGHTHOLDER . I live at Princes Street, Drury Lane, and am a carpenter—on Monday night, 22nd November, I was at the Black Boy and Apple Tree, in St. Martin's Lane, between 10 and 11 o'clock—I saw the prisoner in the parlour when I went in—I knew the deceased Mr. Home for some years—I did not notice him there—ho was not in the parlour—when I came out of the parlour it was a little before 12 o'clock, and I saw Mr. Horne sitting in the snug facing the bar—I was going out, and had to pass through the snug—he was sitting on a little barrel—he was a man about 5 ft. 6 in., or something of that sort, and rather stout—I have known him eight or ten years, and I never knew him to have a day's illness—I never knew a man with a better disposition—I had a little conversation with him as I came out—Mr. Fraser come out of the parlour, and called him some names two or three times—the deceased replied in something which was foreign to me—French or something, I did not understand it—Frazer then went out, and shortly he came in again, and made a rush towards Horne—I got up, and said, "What is all this about, you are looking very white; what makes you look so white"—he said, "I am always white when I am in a passion"—I said, "You put me in mind of Scotch hares"—he pulled his coat off and wanted to fight me—I said, "I don't mind just a round with you," and Mr. Baird got hold of me, and I was put out into the court—I went home, and saw no more—the prisoner is about the same height as I am.
Cross-examined. Q. Were you in the habit of going to that public-house? A. Yes—there were three or four persons in the bar—Mr. Horne and me had a pint and a half of beer—I did not see anyone drunk—the prisoner was not drunk; I should think not—I did not see any blows struck—if the prisoner had struck me I should have defended myself—I should have had no objection to try him a round—the persons there put me out—I did not resist violently—I go to this public-house perhaps three nights a week—this was on a Monday—I had been at work late for Mr. White, the carpenter.
ELIZABETH BAIRD . I am the wife of George Baird, a musician, and live at 29, Bedfordbury—on Monday, 22nd November, I went into the Black Boy and Apple True about 12.20—I went to the left-hand side bar from Hop Gaens—my husband was in the parlour, and I was waiting for him—I
went for the key—I have known the deceased man, Horne, for a long time—he was sitting on a barrel in front of the bar when I went in—I know the prisoner—I had spoken to him once or twice—he was in the bar, too—I saw him go into the parlour and take his coat off to fight George, the carpenter—while he was taking his coat off, I persuaded George, the carpenter, to go out—I said, "You don't want to fight," and he went away—I knew the prisoner as the doctor; that was what he was called—he went into the parlour and put his coat on again—he then came out and deliberately hit Mr. Horne a blow on the left side of the head, and knocked him off the barrel on to the floor—he hit him a second blow when he was down on the floor, and he was going to hit him a third time, but I prevented him—he did not kick him, because he must have kicked my legs if he had—some one then put the doctor out of the place—I assisted Mr. Horne up, and put him on a seat—I did not notice any signs of the blow—he never spoke, and went out shortly after—Mr. Fox followed him out, and I went out after him—we went into the court called Hop Gardens, which leads into St. Martin's Lane—when I got into the court, I saw the prisoner being assisted up by a cabman—the deceased was sitting on the pavement, under the sign-board of the public-house—he had his back against the wall—his hat was on—a policeman came up and asked me if I could hold him while he went for a stretcher to take him to the station-house—I said, "Take the man to the hospital; don't you see he is illused"—blood was coming from his mouth then—the prisoner was leaning against the wall by the side of him then—he was standing up and the deceased was sitting down—Mr. Vallis and Mr. Fox then took the deceased home—the deceased never spoke, he turned his eyes up, that was all—I have known him these six years, and I never knew he had blue eyes till that night—there was a lamp almost opposite—when the deceased was on the barrel, before the prisoner struck him, he had not done anything at all—he asked George, the carpenter, to take his part—he never attempted to strike the prisoner in any way—George, the carpenter, was not there when the blow was struck, he had gone away.
Cross-examined. Q. How came you to be out so late? A. I had been to my sister's, at Paddington, and then I went to my husband for the key—I had not had a glass of beer to drink, I was perfectly sober—the prisoner had been drinking, but he was not so tipsy but what he knew what he was about—I did not notice any other people drunk—there were several persons there when the prisoner struck the deceased, but they had their backs to him—I don't know whether they saw it—I was standing waiting for my husband, and that is how I saw it so distinctly—it was a small barrel that the deceased was sitting on—I don't know how high from the ground—the deceased walked out shortly after the prisoner went out—I did not stop five minutes before I went out—the prisoner was being assisted from the ground—how he came on the ground I don't know—he never spoke, and the deceased never spoke—blood was coming from the deceased—I believe I am the only one who saw that—I am positive it was blood—that was why I told the policeman that he ought to take him to the hospital.
MR. BESLEY. Q. What did the policeman say? A. He did not answer.
HENRY FOX . I live at 6, New Church Court, Strand, and am a smith—I was acquainted with the deceased John William Horne—I went with him to the Black Boy and Apple Tree on 22nd November, about 7 o'clock—we went out and returned about 9 o'clock, then I went way and left him
I there—I was in and out three or four times between 9 and 12 o'clock—I I saw Horne there at 12 o'clock—he was in the bar, sitting on a cask—the prisoner was in the passage leading from the parlour, with his coat off—I saw George, the carpenter, there—I went out again then, because I had some outside lamps to look to—there were some words, but I don't know what they were—there were no blows—when I went back to the public-house, the deceased was standing up near the door, with his back to the window—I I did not see the prisoner—I said I would see the deceased home—he went I out in two or three minutes, and I followed close behind him into Hop Gardens Court—he got out a little faster than me, and put his back to the wall, and the prisoner, I don't know where he came from, struck him with his right hand on the left side of the head, and he was going to strike with his left, but I prevented that and struck the prisoner myself—his right hand was clenched—he did not speak a word—I said, "You vagabond, you have killed the man"—I struck the prisoner a blow, and I think he must have fallen—when I turned round from the prisoner, the deceased was lying on his back on the ground—a constable came up two or three minutes afterwards—he was not there when the blow was given either by me or the prisoner—the prisoner was there when the constable came, and I told him he ought to take the prisoner into custody, and, at the same time, I pointed to the deceased—I was close to the deceased at the time—he never said a word—I am quite certain of that—the constable said, "If you don't take him away I shall lock him up"—we got him upright, and I and Mr. Vallis assisted him home—I don't know what became of the prisoner—we went with the deceased to his house in Leicester Square—he walked with our assistance—he did not speak a word till we got him into the passage, and then I asked him if he could manage without our assistance—he said, "Yes," in a very feeble tone—he was not a loud speaker generally.
Cross-examined. Q. He walked home better than you expected? A. Yes—when he got to the door he opened it with his latch key—he did not say anything before he opened it—I had known the deceased eight or nine months—I used to see him at that public-house—he was there at 7 o'clock that evening, and then he went with me to Villiers Street, in the Strand—he came back with me to the public-house again—he had some gin and some beer—I left him there about 9—he was not drunk at the latter part of the evening—he could walk, and could answer any questions that were put to him—it was after the blow was struck in the public-house that I offered to see him home—I did not see that blow struck—I believe I knocked the prisoner down when I struck him—it was a hard blow with my right hand—as hard us I could hit him—he disappeared, wherever I hit him—the prisoner had been drinking—I have said they had both been drinking—I did not say either of them were drunk (The witness's depositions stated that the prisoner was drunk)—That is not right—I could not have said that—they had been drinking—the deceased began to drink at 7 o'clock—he had some gin and some beer—he can't tell how much he had—the deceased went out of the house first, and I followed—I knew there had been a disturbance then—I saw the prisoner strike the deceased—the deceased did not strike the prisoner—I must have seen it if he had—I did not notice Mrs. Baird there—I did not see the prisoner leaning against the wall, if he had been leaning against the wall, close to the deceased, I should have seen him—all my attention was given to the deceased—he used to drink occasionally—I had never seen him home before—I was never in his house before—I have been there since—he had to go up three flights of rather steep stairs.
MR. BESLKY. Q. You say on one occasion you saw the prisoner with his coat off in the passage? A. Yes—I went out at that time—the deceased was standing up when I came back—I was only out a short time then—I offered to see him home because there had been a disturbance in the house, and I wanted to get him away—Hop Gardens Court is a very small court, about five yards wide—the prisoner may have been close to the deceased—I have seen the deceased the worse for drink before—he was not a quarrel-some man.
HENRY VALLIS . I am a bootmaker, at 5, Cecil Court, St. Martin's Lane—on Monday, 22nd November, I went to the Black Boy and Apple Tree, about 8.30 in the evening—I went out, and returned again about 10, and then remained till after 12—I saw Horne there—I did not see the prisoner—at 10 o'clock Horne was in the parlour—he came out to the bar afterwards, and I saw him sitting on a little barrel—that was between 12 and I—the prisoner was there then, and George the carpenter—the prisoner came from the parlour, and George said to him, "How white you look to night'—he said, "Yes, I always do when I am in a passion"—George and him had a few words, and the prisoner pulled off his coat and wanted to fight him—George said, "I don't mind if I have a round with you;" but insteed of doing so he went away—then the prisoner went up to Mr. Horne and struck him a blow on the left side of the head, and said, "This is all through you, b—Mr. Horne"—it was done suddenly—Horne never said a word—I did not see the prisoner leave, I was behind—I heard a row outside, and I went out—when I returned to the bar the prisoner and the deceased were gone—upon going into the court I saw the deceased lying on his hack—I went across the road and came back again—there were several person there then, and we assisted Mr. Horne against the wall—a policeman came up—I was close by the deceased at that time—the prisoner was there, and Mr. Fox said, "You ought to take that man in charge, I believe he has killed him"—the policeman said if we did not take the deceased a way he should lock him up—the prisoner went away, and I did not see him after—I went with Mr. Fox, and assisted the deceased home to Leicester Square—he walked, with our assistance—he did not speak a word—when we got to the door Mr. Horne let go my arm—I was at his left side—he held fast by Fox, and he took a key from his pocket and opened the door—we went into the passage, and Mr. Fox said, "Can you manage now, Horne," and in a low voice he said, "Yes"—there was a light in the passage—that was the only word he spoke after he was on the ground in the court.
Cross-examined. Q. I believe you are not able to say whether his fist was clenched or not? A. I could not say that—it might have been with his open hand, for aught I know—I saw Horne put his hand to his face when he was struck in the house—I did not speak to the deceased—Fox asked him to go home—I don't know what words passed before the blow was struck—I was there about two hours altogether—I went in and out—the deceased walked home, with our assistance—he leaned on our arms heavily—I don't recollect seeing a drunken man home before—I did not say the deceased was drunk—he had been drinking, but he knew what he was about when he was in the bar—he pulled the latch-key out of his pocket, and we assisted him in doors—we left him standing up in the passage—I thought he could get up stairs—there was a light in the passage, against the wall—I don't know whether it was a gas-light.
deceased, John William Horne, was my only son—he would have been forty-two the day after Christmas-day—up to the 22nd November he had excellent health—I saw him on that morning having his breakfast—he was in his usual health then—he was about 5 ft. 2 in.—I went to bed on the Monday night, a little before 12 o'clock—a candle was left in the passage for him—it was not lighted—we have a lamp in the passage—the deceased had a latch-key—I heard him come home—my bed is close to the wainscot, and I heard him come up stairs—he usually left his boots at the bottom of the stairs, so as not to disturb me, but that night he went up with hit boots on—he seemed to go up heavily—I did not hear him fall—I should have heard it if he had fallen—the servant came up to me next morning, about 9 o'clock—I went down to the kitchen, and saw him sitting in the fender—it was a fire-guard, about 18 in. high—I said, "John, what is the matter?—he made me no answer whatever—I tried to unfasten the collar of his shirt, and he pushed my hand away—I was afraid he would put it on the oven, and I told the servant to put a chair for him to rest his hand upon—he put his hand on the chair, and she and I helped him up on his feet—there was a Are in the grate—his waistcoat was burnt—he had two stockings on one foot, and none on the other, and no boots or shoes—he was sitting upright in the fender when I saw him—my daughter and the servant had then pulled the fender about 2 ft. from the fire—I had no idea that he had burnt himself in any way—as soon as he was on his feet he walked out of the kitchen—when he got to the top of the stairs, I said, "Don't attempt to go up stairs, for you will fall"—he went on up stairs—the servant put her hand on his back, and went up with him—the servant said something to me at dinner-time, and I went up stairs and found him in a fit—the doctor came on Tuesday, about 7 o'clock—he died about 7 o'clock on the Thursday morning—he never spoke at all—I heard nothing of a fall, or any injury received by him in the house—his room was a very small one—my impression was that his jaw was locked.
Cross-examined. Q. In point of fact, whether he fell on the floor or not before he got into bod, you can't say? A. No, I could not tell that—he appeared to roe to have look-jaw—I tried to introduce my finger, and he bit it—he slept on the second floor—my daughter sleeps above me—I heard him pass my room—if he had fallen, I should have heard him—I should hear any noise in his room—he made a noise with his boots, going up stairs—he lumbered up—when I saw him in the fender, he was sitting in it, with his back towards the end—the back of his head was above it—there was an oven—his head was not against the oven—he was 2 ft. from the fire-place when I saw him—ho occasionally came in at that hour of the night—I did not think there was anything strange in that—I thought he had been drinking, when I saw him in the kitchen—I went up to see if there was any drink in his room—there was no fire-place in his room, only a table, a chair, washhand stand, and bed—it was an iron bedstead—the kitchen was the underground floor—there are no stone steps in the house.
MR. BESLEY. Q. He went up to his bed-room after he was found in the fender? A. I fancy he must have—there was no furniture broken—there was nothing in his way—the fire was at the back of the fender; but when I went down they had drawn the fender from the fire.
JULIA WERNHAM . I live at Mrs. Horne's, 19, Leicester Square, as servant—on the morning of Tuesday, 23rd November, I went down about 7.30—I had not heard the deceased come home during the night—he was
not in the kitchen when I went down—he came down into the kitchen about 9.15—he stood there, and began to scratch his head—he had his waistcoat outside his coat, and two socks on one foot—he did not speak to me, nor I to him—I remained in the kitchen about three minutes after he came down, and then I went up stairs—my attention was attracted by a smell of burning—I went down, and saw the deceased sitting in the fender—his legs were across the top of it, and his back towards the fire—the lining of his waistcoat was on fire—I took hold of his hand and tried to raise him up; but he drew his hand away, and would not let me touch him—I went up and called his sister from the shop, and when she came we put out the fire on his waistcoat, and we drew the fender away from the fire—I then went up stairs and fetched his mother—he afterwards walked up stairs to his bed-room, and I saw him get into bed—he did not speak all the time—I saw him again about 11.30 that day—I was scrubbing the next room, and he came out on the landing, with a blanket round him—he opened his eyes, and looked all round, as if he was silly—he went back and slammed the door, and I heard a knocking, as if he was knocking his knuckles against the wall—I was frightened, and locked myself in—I went down about a quarter of an hour after—I did not hear any noise besides knocking—after I had been down to Mrs. Horne, I returned again to the room in about twenty minutes—he was then lying on the floor, on his back, at the side of the bed—I did not hear any fall whilst I was in the adjoining room—I was in the house the whole of the time, till his death—he did not meet with any falls or blows during that time, as far as I know.
Cross-examined. Q. You were a quarter of an hour down in the kitchen? A. Yes—when I found him in the fender his shoulder was against the oven—there was a fire in the grate.
ARTHUR JOHN GRAHAM CROSS . I am a surgeon, at 20, New Street, Spring Gardens—on the afternoon of Tuesday, 23rd November, I was called to 19, Leicester Square—I saw the deceased, Mr. Horne, there—he was up stairs in the top room—he was insensible—I continued to attend him to the time of his death—he died on Thursday morning, at 7 o'clock—he was not sensible the whole time—I made a post-mortem examination on the Saturday—there were several extensive bruises on the body, externally; on the head and neck, the front of the chest, and on each side of the trunk, from the arm-pit to the hip; the scrotum was very much enlarged and blackened, especially on the left side; upon taking off the scalp there was a large extravasated patch of effused blood at the left side of the crown of the head; I then took off the skull cap, and corresponding with that patch was a large clot of blood about the size of my fist, extending into the substance of the brain itself; the surface of the brain was in a state of congestion, and upon moving the brain I found a fracture at the base of the skull, at the right hand side; the length of the fracture was about three inches and a half; I found quite sufficient to account for his death and insensibility, and to confirm me in saying the wounds were inflicted with violence; I found a fracture of the fifth and sixth ribs on the left side; there was blood in the pleura, but that was from the injuries received—the actual cause of death was pressure on the brain, caused by the clot of blood—I have heard the evidence as to the blows, and I consider that death was consistent with that evidence—the injuries would result from the blows which I have heard of—I looked on the injury to the head as a counter fracture, that the blow was on the left, and the fracture on the right—the evidence is not inconsistent
with that—sometimes the fracture occurs at the same spot where the blow is given.
Cross-examined. Q. You can't say whether that was caused by a blow, or from the fall; is that so? A. Yes, that is so—a counter fracture is not an unusual thing—it is more likely to happen from a fall than from a blow with a hard instrument—I have no doubt that this fracture was caused by a fall, but with violence, not by a fall itself—it must have been accompanied by violence—a man falling violently on the back of his head on a hard substance might occasion a fracture at the base of the skull—there is no external mark at that part at all.
MR. BESLEY. Q. You believe great violence was used to cause the fracture? A. Yes; there must have been something in addition to the fall—a blow from the fist would very likely produce a counter fracture—I should very likely find a mark from the fist.
JAMES BRANNAN . (Police Inspector). I received directions to take the prisoner into custody on 25th November—I went to his lodgings, and found he had left there; that was the day the man died—I saw nothing of him until the 1st December, when he came to the station and gave himself up.
NOT GUILTY .
PLEADED GUILTY .— Fourteen Days' Imprisonment.
NEW COURT. Wednesday, December 15th, 1869.
Before Mr. Baron Cleasby.
124. ROBERT THOMAS BOWYER (38) , PLEADED GUILTY . to unlawfully, within three months of his bankruptcy, obtaining divers goods on credit, from William Watherspoon and others. Recommended to mercy by the Prosecutors.—Nine Months Imprisonment.
NOT GUILTY .
MR. GRIFFITHS. offered no evidence.
NOT GUILTY .
THIRD COURT—Wednesday, December 15th, 1869.
Before Mr. Common Serjeant.
MR. SERJEANT BALLANTINE, with MR. F. H. LEWIS, conducted the Prosecution.
EDWARD HUGH TILSLEY . I am in the Solicitors' Office of the Stamp Department, Somerset House—I produce a declaration in reference to the Sporting Times—according to that declaration, the proprietor is Joseph Henry Shorthouse, of Carshalton, Surrey.
Cross-examined by the Defendant. Q. Will you tell me the date of that? A. 5th March, 1869—there is no declaration made on 13th November—it
is possible that the paper may have changed hands—an Act of Parliament has been passed superseding the necessity of registration—it is the 32nd and 33rd Vic., c. 34—that was passed last July—it is not necessary now to register newspapers.
GEORGE HENRY LEWIS . I am the solicitor for this prosecution—on Monday, 15th November, I purchased three copies of the Sporting Times at the office of the printer and publisher of the newspaper, in the Strand—this is one of them—I did not purchase a copy of 13th December—that was sent to Sir Joseph Hawley.
Cross-examined. Q. When you purchased the papers, did you see me there? A. I did not—on the face of the paper it is "Edited by Dr. Short-house, and published at 282, Strand," and on going there, I asked for three copies of the newspaper, and they were sold by a boy in the shop, in the presence of Mr. Farrah, whose name is put down as printer and publisher—I did not see you there—I did not expect to do so.
SIR JOSEPH HAWLEY, BART . I have for many years been the owner of race horses, and have run them on the turf—I had three horses entered for the Liverpool Handicap of the present year, Siderolite, Blue Gown, and Lictor—on the Monday preceding the race, which took place on Friday, I scratched two of the horses—I had backed Lictor to the extent altogether of nearly, 500l.—I think there cannot be a doubt that these articles in the Sporting Times are intended to refer to me.
Cross-examined. Q. You went with Mr. Lewis to the Strand, and bought three papers? A. I did, on the Monday afternoon about 5 o'clock—I did not see you there—I saw Mr. Farrah and a boy in the shop—I did not proceed from there to Bow Street and take out a summons—we had taken out a summons about 4 o'clock; I am sure of that—we went from Bow Street to Tavistock Street, to the Man About Town, and from there to your office—the Magistrate granted this summons before we purchased these papers—we had the papers, but we went afterwards and bought more—those I took to Bow Street were what I had sent to my house in the morning by a news vendor—I have not indicted that person.
Q. Have you any evidence to prove that I wrote, printed, or published this libel, as charged in the indictment? A. It is in your paper, edited by you—I can't say what evidence my counsel has got, I am not up to the law—Mr. Lewis told Farrah that summonses were taken out against him and yourself—he certainly could not have understood that I came to tell him of a good thing, or to give him a tip—Mr. Lewis asked if Mr. Farrah was at home—he said "I am Mr. Farrah"—and then Mr. Lewis said, "This is Sir Joseph Hawley; we have just taken out summonses against you and Mr. Shorthouse"—I can't tell you whether the summons was not served till Wednesday, or whether it was served at Farrah's place—I received your letter of apology at my house in town on the Wednesday evening—it had been to my country house—it had probably got there on the Tuesday night—I am not clear that it must have been written before you had any intimation of a summons, or legal proceedings, because we had told Farrah at 5 o'clock that summonses were out.
Q. Then you did not consider the apology sufficient? A. I did not go for any apology—you did not make the apology till after the summons—I did not believe in its sincerity—I did not believe it was made, except through fear—I was satisfied with the apology, as far as it went, but it was not made until after you knew that summonses were taken out—I think
it is a very unpleasant thing to be abused in that manner—I have not received less regard from my family since, and my friends have not turned me up—I don't know that they have flocked round me in greater numbers—my credit has not been damaged with my tradesmen—I have taken this action myself—I showed the paper to my friends, and everybody told me it was such a gross libel that I must notice it—it was not brought to me—I made up my own mind to take this course, and my friends thought I was perfectly right, and begged me to do it—I was determined to put a stop to this scandal of the press, which had been going on for some time—my friends did not think I could come into court with cleaner hands than they could—I can come into court with clean hands, but not cleaner than many of my friends—they certainly did not want to make a cat's-paw of me, but these libels had been going on so long—I had not been actually libelled before in your paper, or I should have proceeded against you—I never saw any pleasant criticism—to tell you the truth I seldom read your paper; I don't like libellous papers, they annoy me—I have seen remarks in your paper, such as "We hope Sir Joseph won't win," and all that sort of thing, which is not very pleasant—I have certainly seen that—I can't tell you when, but I don't read your paper much, I tell you fairly—I did not circulate the report that the owner of Pretender was dead—there was that report—I acted upon it—I went to Mr. Weatherby and asked if he knew anything about it, and he said he had not seen the man for a long time, and I said, "Well, hold the stakes till we have further information"—I gave him a written notice, and made him telegraph to the Mayor of Doncaster to ascertain the truth—no doubt remarks were made on that occasion—but I very seldom read your paper, I tell you—my turf career has extended over about twenty-seven years—I have had a great many horses—I have no doubt been criticised by other papers—I have never brought an action or an indictment.
Cross-examined. Q. Did you ever see me write in your life? A. Some twenty or thirty times—principally at Johnson's Court, Fleet Street—I have not got any of it here.
HIS GRACE THE DUKE OF BEAUFORT . I have read the article on "Sir Joseph Soratohawley"—I understood it to refer to Sir Joseph Hawley—I have heard the terms, "milking," and so on; they imply swindling—there was nothing in the least irregular in scratching these two horses; it was quite a proper thing to do, and quite in accordance with the rules of the Jockey Club, and the practice of honourable men.
Cross-examined. Q. I understand your Grace to say that you thoroughly understand "milking?" A. I say I have heard the expression, and I understand it to be swindling—I have seen that sort of expression in sporting papers, used synonymous with swindling—I live in Gloucestershire, 100 miles from town—I did not come all that distance to toll you that "milking" and "swindling" were identical; I came to answer any question I might be asked—my knowledge of "milking" is not of a practical nature—I never saw a slang dictionary—"milking" means laying against a horse, and then scratching him, and that I consider swindling.
COURT. Q. When you say "swindling," I suppose you mean it is an act that means swindling? A. Yes, it is laying against your horse, and then scratching him; taking his name out, and not letting him run—there is a
kind of scratching that would be dishonourable, and which would be called, in slang, "milking"—if that is not done it is quite honourable to withdraw a horse at any time before the race; for instance, a man may have three horses in a handicap; he has a right to elect which of the three he runs; perhaps he would not run them till three or four days before the race, and then he selects one, and scratches the others.
Defendant. Q. But, surely, "milking" is never understood in the sense of swindling? A. "Milking" a horse is, most decidedly—I have always understood it so—I have kept horses of my own—I have one called Lord Ronald—I did not allow him to be put up at the Newmarket Handicap and withdraw him; it was put up by mistake—that is a finable offence, if done with malice—I was a steward of the Jockey Club at that time—the matter was complained of, and investigated by the other stewards, not by myself, some other gentlemen—they were perfectly satisfied with the explanation I gave—I am not a newspaper proprietor; I had a share in one, the Sporting Gazette—I was not one of the managing directors, I was a proprietor—I did not take any sort of control in the management—I was never indicted for any libel which appeared in it.
COURT. Q. I suppose the withdrawing of the name of a horse would operate dishonourably in this way: that if a man had betted against his own horse, then, the horse being withdrawn, and not winning, would be treated as if it had lost the race? A. Yes, the fact of a horse not running under such circumstances is just the same at if it had run and lost.
MR. SERJEANT BALLANTINE. Q. I suppose it is perfectly well known to all sporting people that an owner enters more horses than will run? A. Certainly, it is a common practice, leaving himself the option, up to the time the race is nin, of withdrawing such horses as he likes—it he bets against his horse, then it is like cheating at cards, or any other dishonesty.
THE RIGHT HON. GENERAL PEEL . There was nothing irregular or improper, or anything contrary to the laws of the turf, in the entry of three horses for the Liverpool Handicap, and scratching two of them—by the terms "milking" a horse, I understand anybody who beta against a horse over which he has the control, and then scratching it; that would be considered a most dishonourable and dishonest action.
The libels were then put in and read, at follows:
"Representative Sportsmen. Sir Joseph Scratchawley. Numerous as have been the occasions on which we have pointed a moral or adorned a tale by a reference to some bright example (unhappily rare) of nobility and uprightness, of honesty, straightforwardness, and sportsmanlike conduct, thank God we have never been invariably betrayed into citing the name of Sir Joseph Scratchawley. Life on the Turf is proverbially one of ups and downs. Its losses, as a rule, for exceed its gains, and if, therefore, little men or needy ones descend occasionally to rascalities, and milk, and rope, and cheat, and lie, and thieve their way to winning a handicap now and then, it is greatly to be deplored, but scarcely to be wondered at. What can then he said for the spoilt darling of the Turf, the Little Jack Horner of the racing world, who has not only put in his thumb and pulled out out plum, but has had a whole grocer's shop full of plums fall to his share, and yet tries all he can to bespatter his ancient name before, in the course of nature, he is compelled to resign his seat in the Jockey Club, and his place
in the Stewards' Stand, to a better man. Sir Joseph Scratchawley has had the good fortune to win four Derbies, a St Leger, the Guineas, and other races too numerous to mention; but, as we said before, comprising among them all, the prizes that can make a turf life worth living for. He might, if he chose, get drunk every night of the year out of a different cup won by the representatives of his stable, and yet his soul craves for something more. He already loathes the fleshpots of Egypt; the noble ambition of carrying off a coveted prize, or of leading back to the scales the winner of the Blue Riband amid the acclamations of thousands, begins already to pale upon his satiated palate, and he casts a longing eye on the gate-money, milk-cans, and the corpses of the boiled, the stiff, and the dead, that taint the atmosphere of the ring. 'Quem Deus vult perdere dement at.' One cannot but foresee the illustration of the proverb in this instance, and moralists will doubtless ascribe it, as they always do, to the demoralizing effects of equine upon human nature whenever they are brought into close connection with each other. Among other eccentricities of popular opinion, there is no jacket among the 'silks and satins of the turf' that the public more eagerly support, or for which they more vehemently applaud a victory, than that of Sir Joseph Scratchawley. But the fiat has gone forth, and Sir Joseph has decreed that the confiding public shall no longer be permitted to have its own way—that the reliance they have heretofore placed on having from him a straight and honest run for their money shall be snapped like a bulrush. If they want an idol let them seek one elsewhere—for himself he has tried the square, and, on the whole, prefers the crooked—and, in fine, that he has taken for his motto, 'Emulous et scalptus,' and defies any one to say that it is not appropriate. The school to which the late Lord Glasgow and Lord Derby belonged is unhappily all but extinct, and it is the ambition of Sir Joseph Scratchawley to sever the last links that bind us to the traditions of the past in the new code of turf morals of which he desires to be the exponent. Although Dame Nature cannot he said to have been over prodigal to Sir Joseph in her gifts as regards figure and face—the latter especially being characterised by an exceedingly mean and crafty expression—Dame Fortune has amply made amends in bestowing upon him the possession of some of the noblest specimens of the equine race, alike as regards their beauty and their general superiority to the rest of their species, the exact opposite of their master. Matters prospered well at 'Lame'um Grange,' the breeding establishment of the wealthy baronet Derby winners begat Derby winners. The two-year-olds made havock among the Champagnes, Troys, Criterions, Woodootes, and Middle Parks; and the four-year-olds carried off their full share of cups and other important stakes. Who, therefore, can tell what demon cast his evil eye on the place, and caused Sir Joseph to become ennuyed with so much success? Yet so it would appear to be, and so everyone judged to be the case who saw his wretched, discontented, scowling face, as he leaned with his chin on his stick in the Stewards' Stand, and almost cursed his good horse, 'Blackleg,' as he cantered home a Derby winner, because, forsooth, he had made a mistake and had backed the stable companions, while he had given the office to lay against the best horse of the present century. It is reserved till the Liverpool Cup to place the coping stone to this edifice of caping proceedings. On the appearance of the weights 'Swindlerite' is voted the pick of the handicap, and, strong in their belief in the
old formula that Sir Joseph Scratchawley always goes straight and gives a run for your money, the public put down their coin, rush deliberately into the lion's jaws, and pour their money into the laps of those who have been 'put in to lay.' Those who love a good horse, however he may be weighted, back Blackleg at fair prices. Suddenly a suspicion begins to dawn, and the knowing ones get on Sir Joseph Scratchawley's lot, including 'Pickpocket,' and not a day too soon. The pails are full of Swindlerite and Blackleg milk, the market begins to be agitated, Pickpocket comes hot in the betting, and Swindlerite and Blackleg are scratched. Sir Joseph felt such epithets bestowed on him by the sporting press as 'fine sportsman,' 'straight-forward.' &c., so totally underserved, that he henceforth took the resolution to prevent, if possible, any such misplaced approbation. Since that time, whenever any of his horses have been fairly handicapped, the public have been allowed to get well on them, and they have been scratched. We are sick of hearing the defenders of the Turf 'diary' tell us that a man can do as he likes with his own. He may do so, but he must take the consequences. If Sir Joseph Scratchawley knew that Pickpocket was the best of his lot, he ought to have scratched the others as soon as he arrived at that knowledge, and not have left them in, in order that Messrs. Saltfish and Bloater might operate against them. A man who practises these market movements, as they are termed, is like a man who runs wires throngh his hedges, or sets traps for the foxes. As far as any claim to the title of sportsman is concerned, they are in the same boat, and in that category we place Sir Joseph Scratchawley. The bloody hand on his escutcheon is emblematic of the victims who have fallen, not in actual strife, but from the stab of the stable commissioner, and it will be many a long year before even the spurious popularity he once enjoyed will be restored to him. Before these lines appear, victory or defeat will once more have been declared for the Cherry and Black. We sincerely hope poetical justice will overtake the stable, and that as this is the culminating point of. Sir Joseph Scratchawley's frauds upon the public, so it may be the 'turn of the tide' of the fortune which has hitherto attended him, and which his grasping policy has converted from a blessing into a curse. Signed, Caustic,"—"Facts and Fancies, by 'The Favourite.' Siderolite's scratching for the Cup was one of the most barefaced cases of picking the public's pocket, that remember for a long time. While I hold that an owner has a right to strike out a horse at once, if forestalled, he has no right to keep a horse first favourite for a week, and to strike him out after the milk-pails are full Blue Gown's case, Sir Joseph could not run him for the 2000 Guineas, on account of the large sums his commissioners had laid against him. Vagabond, in the City and Suburban, was another case. It is to be hoped the public will in future, see Sir Joeeph in his true colours."—" Racing, Past and Future, by 'Don John' Last week I remarked upon the absurdity of accepting 5 and 4 to 1 about Sir. Joseph Hawley's lot for this race, so long before the day, and my observations have been verified by the fact that 5 or 6 to 1 can at this moment be obtained without difficulty, against the solitary representative of the stable; Siderolite and Blue Gown having been shamelessly milked and scratched, without the slightest regard for the interests of the public"—(The following paragraph, from the paper of 11th December, was also read: "The Scratchawley Libels. The only authentic report of this cause celebre will appear in these pages next week, as we only will be able to give copies of all the authentic documents; also the racy cross-examination, which most other journals will suppress.")
The Defendant. That is a printer's mistake, "racy" ought to be "racing".
At the Defendant's request, his letter of apology to Sir Joseph Hawley was also read—it averted his entire ignorance of the article, which he designated at scurrilous and unjustifiable and promised a public retraction of the calumnies contained in it.
The Defendant, in his address to the Jury, stated that he had never denied, or intended to deny, that lie was the owner of the paper, but, at to the offensive article in question, he wot entirely ignorant of its having been written or that it was about to appear, or he would have prevented it, and, no sooner was he aware of it, than he at once wrote to express his extrems regret that so scurrilous a libel should have appeared in his paper. He further stated that for some days previous he had been very unwell and unable to attend at the office, even to correct hit own articles; that the article in question was sent by a very clever writer who had written something the week before, of which he (the defendant) approved, and he had encouraged him to write again, but was entirely ignorant that such a scurrilous matter would beat all likely to appear.
Witnesses for the Defence.
FREDERICK FARRAH . I am the publisher of this paper—Sir Joseph Hawley called on me at 282, Strand, about 5.30 on the Monday evening, and bought three papers—I first received a notice from Messrs. Lewis on Tuesday evening, about 5 o'clock, and the summons I received on Wednesday about 5 o'clock—I first communicated with the defendant about it on Tuesday evening, about 8 o'clock.
Cross-examined by MR. SERJEANT BALLANTINE. Q. At what time is the paper issued? A. On Saturday morning, at 4 o'clock, for the morning's post—the printing is completed between 8 o'clock on Friday night and 4 o'clock on Saturday morning—I had not seen the defendant since the previous Monday—I don't do the printing, and know nothing about it—it is at my shop where the papers are sold—I do not know whose handwriting this manuscript is (This manuscript toot produced by the defendant)—I never saw a sheet of the manuscript of the Sporting Times in my life—I did not read the article headed, "The Queen and Mr. Peabody," before I issued the paper—I never read the paper at all—mine is a wholesale general news agency—it is impossible for me to read newspapers at all—I know that my name appears on this paper as the printer and publisher—I know nothing of the contents of the paper—I rely entirely ou the editor and proprietor, Dr. Shorthouse.
Defendant. Q. You never see the manuscript, and have not from the commencement of the paper? A. I never saw a sheet of it—I never see the paper until it is printed.
JOHN CORLETT . I am a journalist—about two years ago I was one of the writers for the Sporting Times—I am perfectly acquainted with the defendant's handwriting—this manuscript is not his—I saw him on the Thursday oft he Liverpool race week, that was the 14th November—he complained of illness, and spitting of blood—I usually saw him every Friday, but I did not see him on the Friday in that week.
Cross-examined by MR. SERJEANT BALLANTINE. Q. I suppose you do not know whose handwriting that is? A. I have no idea—I am equally ignorant of where it comes from—I can't tell you whether it is a copy or an original—I simply say it is not Dr. Shorthouse's handwriting.
of November last—I have seen this manuscript before at the Sporting Times office, on the Thursday or Friday—I set up part of the type—here is my signature to what I set up—this is the copy from which I set it—I do not know whose handwriting it is—I know the defendant's handwriting—I have some of it here (producing it)—I should say this letter of apology is his writing.
Cross-examined by MR. SERJEANT BALLANTINE. Q. Did you set up the article headed "Racing, past and future," by Don John? A. I have set his copy up—I have not got it here—I know nothing of that article—somebody else must have set that up—I know nothing of the article headed "Facts and Fancies"—I had nothing to do with that, or with the one headed "The Queen and Mr. Peabody"—I have no idea what becomes of the manuscript after it is printed—I deliver it in to the reader, Mr. Barnett—I can't say whether he would know where it came from—he would know where it went to—I get them from the printer, Mr. Taylor, of Greystoke Place—I know nothing of where he gets them from—very probably you would be a step nearer if you had Mr. Taylor here—I get my manuscript from off a desk at his office—I do not know who "Caustic" is, or who "Don John" is—I have never seen him to my knowledge—I have not the slightest idea who the parties are, or whether they are all one—the reader would read the articles, he is also a compositor—I don't know where he lives—he turns up, the same as I do, every day.
Defendant. Q. Have you seen that writing (the manuscript) frequently, or very seldom? A. Very seldom—I don't ever recollect seeing it before, but I don't take any particular notice of copy when it is given in to me.
GUILTY. of not exercising due caution. — Fined 50l., and to be Imprisoned for Three Months.
PLEADED GUILTY .— To enter into hit own recognizance in 250l. to come up for Judgment when called upon.
PLEADED GUILTY .
MR. GIFFARD, Q. C., who appeared with MR. BESLEY. for the defendant, stated that he had written the article in question upon information supplied to him by a friend, and that as soon as he had ascertained that the information was incorrect, he at once sent an apology to Sir Joseph Hawley, and, in the next number of that paper, made a public retraction, that he had destroyed all the numbers containing the offensive article, and had since ceased all connection with the paper.— Fined 25l., and discharged.
Before Mr. Recorder.
MR. MOODY. conducted the Prosecution; and MR. KELLEY. defended Tyler.
ISAAC BRADFORD . I am a gardener, and live at 17, Clyde Terrace, Forest Hill—on 17th November, my house was closed at 10.30 at night—at a few minutes past 5 o'clock on the morning of the 16th, when I entered my
front parlour, the window was slid up to the top, and the blind with it, and I missed a cage with a canary, and thirty-two numbers of the Pilgrim's Progress, and twenty-four numbers of Cassell's History of England—I had left them tied together in bundles on a side table the night before—I afterwards saw some of those numbers at the station-house, and identified them—my name was written in one of them in red ink—I was also shown a dead canary; it was my property.
Cross-examined. Q. Did you see the canary on the night of the 15th? A. Yes, and the books also—I fastened the front of the house myself—my son fastened the door—I did not see him do so—he is here—I did not fasten the window that I found open in the morning; it was closed down at the bottom, and the blind was down, and in the morning it was slid up to the top.
Deviney. Q. Was there any private mark on the canary? A. No, there was nothing peculiar about it—I had had it about eighteen months—I can swear to the cage; one of the knobs was left behind, and I have it here; there are but three on the cage.
RICHARD WRIDGE . I live at Sydenham—on Friday night, 15th October, I was in the Fatima public-house, Wells Road, Sydenham. between 11 and 12 o'clock, and saw those two gentlemen (the prisoner) there drinking—Deviney had a white rat and a black and white rat, and a linnet in a cage—he pulled the rats out of his pocket—they were tame ones, and he was showing them.
Cross-examined. Q. You did not see anything with Tyler? A. Yes, he had a canary in a cage—this was about a mile from Clyde Terrace—I knew the prisoner before by sight.
Deviney. Q. How do you know this was on the 15th? A. Because I traced it back, and found it was the 15th—I can read, but not write—I can swear you were there that night—you had on a macintosh, dark outside and light inside.
CALEB BARROWS . (Policeman 214). About 1.30, on the morning of 16th October, I was on duty at Forest Hill, and met the prisoners coming in a direction from Forest Hill—Deviney was carrying a parcel on his head—I stopped them and asked what he had got—he said, "Books"—I said, "Let me look at them"—I looked at them, and saw they were weekly numbers of books—I questioned him respecting them—he said he had just lost the train at Forest Hill, and had to walk home—he had been to try to sell them—I asked who he sold them for—he said, "For a firm in Paternoster Row"—Tyler had a small cage with two young rats in it; he also had two larger rats in his pocket, which he took out, and he had another cage with a linnet and a canary in it—they appeared respectable, and, believing their statement, I allowed them to pass—I afterwards saw the books at the station, and they appeared to correspond with what Deviney had—these (produced) are them.
Cross-examined. Q. Did you also see the canary? A. Yes—I could not say it was the same—it was a dark coloured one—I did not look at the books; they were in a paper parcel.
EMMA ELLEN WILSON . I am single, and live at 4, Alfred Place, Union Street, Southwark—I have lived with Tyler some years as his wife—I remember the police coming to my place—four or five days before that Deviney came, about 8 o'clock in the morning—I can't say the day—it was either the latter end of October or the beginning of November—I
asked him where Tyler was—he said he had not seen him, and did not. wish to see him—Tyler and Deviney had gone out together the previous evening—Devinoy had a bird in a cage, and likewise a parcel—I said, "What have you got there?"—he said, "That is my business, mind your own business"—he hung the cage over the mantelpiece, and put the parcel on the sideboard, and there it was till the detectives came and took it away, and the canary also—the canary died, and I threw it on the sideboard—Tyler came home about 4 o'clock that afternoon—I asked where he had been—he said he had been over to his sister's, on account of his father being ill—his sister lives in the Kingsland Road—I gave the police a macintosh from behind the door—it belonged to Deviney.
Cross-examined. Q. You don't remember the day that the prisoners went out together? A. No—it was somewhere about the latter end of October or beginning of November—I have not had any quarrel with Tyler—I had been living with him for seven years up to the time of his arrest.
Deviney. Q. Did not I bring in some other things as well, some lasts and tools? A. I did not see them—there had been some in a box a long time.
JOHN THOMAS FOX . (Police Sergeant P 8). On 22nd October, from information, I went to the last witness's house, and she gave me up these books and the dead canary—the prosecutor's name is written in red ink in one of the books—the cage belonging to him was found on the railway, close to the house—that is a different cage to the one the prisoner had—I saw some rats in the house—I took the prisoners into custody on 20th November, and charged them with this burglary—they both said they knew nothing at all about it—I showed them the property at the station—Tyler said Deviney had given them to him—they were sitting down together—Deviney said he did not know anything about it.
Cross-examined. Q. Did Tyler say Deviney had left them at his place? A. No—he said he had given them to him.
Deviney's Defence. I bought the things, not knowing they were stolen, of a man in a public-house.
GUILTY .—DEVINEY alto PLEADED GUILTY. to a previous conviction in April, 1867— Eighteen Months' Imprisonment each. DEVINEY also to be Five Years under the supervision of the Police.
MR. COLE. conducted the Prosecution.
WILLIAM CHARLES MONK . I am in partnership with Henry Robert Huckett, as estate agents, 15, St. John's Road, Deptford—the prisoner was a messenger in our service about eleven months—on 6th November I gave him 21l. 11s. 6d. in gold, silver, and copper, to deposit in the Deptford branch of the London and County Bank—he did not return, and I next saw him at the Police Court about eleven days afterwards.
there—I have the bank ledger of 6th November here—the prisoner did not pay in 21l. 11s. 2d. that day—there is no entry of any such amount.
ROBERT RIDGWAY ALBIN . (Policeman R 148). From information I went to a beer-shop in Charlos Street, Deptford, on 17th November, and saw the prisoner in the parlour—I asked him his name—he said, "James Mabbery"—I told him he was charged with absconding and stealing 22l. from Messrs, Huckett—he said, "Very well, I will go with you"—I asked where he had been—he said he had been down to Devonshire for a few weeks—he also said they could not hang him—I searched him at the station, and found on him 6s. 6d. and a silver watch.
The prisoner stated that, being in great dietress, and pressed by persons to whom he owed money, he wot induced to appropriate the money to pay them,
GUILTY .— Twelve months' Imprisonment. The officer stated that the prisoner had been discharged from a previous employment for a similar offence.
Before Robert Malcolm Kerr, Eeq.
HA. TURNER. conducted the Prosecution.
JANE SAUNDERS . I am barmaid to Mr. Guyer, at the Edinboro Castle, Woolwich—previous to the 19th November a great many things had been missed from the house, and on that night I sat up—I law the house fastened up by Mr. Guyer at a little after 11 o'clock—I then went up to the club-room on the first floor in the front of the house—I remained there for sometime—about 2.20 I saw a man comtng from the dockyard towards the house—he came in front of the house, and I saw it was the prisoner—I knew him before—he was potman to Mr. Guyer about eight months ago—I watched him, and saw him go round towards the stable gate—I then went into a back bedroom and waited two or three seconds, and then I saw his body rising up on the dust bin, and from there he climbed on to the waterbutt—over the waterbutt there is a window, opening like a door; and after fumbling for a little while, his body disappeared through the window—I went down stairs and gave the alarm to Mr. Guyer, and the police were fetched in—we went outside, and found the prisoner crouched in a corner.
JONATHAN GUYER , I am the prosecutor—previous to 19th November I have missed money and different articles to the amount of 70l. or 80l.—I fastened up the house on the 19th, a little after 11 o'clock—I had had constables watching for four or five days—the last witness called me, and I went out into the stable yard—Mrs. Guyer called from the club-room window, that he had jumped over the wall into Mr. Fairfield's estate—I saw him taken into custody—the kitchen window was fastened with a drop latch—the top catch was of very little service to it, but there was a spike nail at the bottom which was found in the prisoner's pocket.
JAMES MARGETTSON . (Policeman R 122). About 2.30 on 20th November, I was called to Mr. Guyer's house—I went into the yard of Mr. Fairfield's, adjoining, and saw the prisoner crouched up in a dark corner—I asked him what he was doing there, and he said he had come there to sleep—he pretended to be very lame on the way to the station—I searched him, and found some lucifer matches, and also a nail (produced)—examined the marks on the window, and found they corresponded with the nail—I found
foot marks on the waterbutt—the prisoner was covered with white—the house had been frosh whitewashed—I found this knife (produced) on the prisoner.
Prisoner's Defence. That knife my brother gave to me before he went abroad. I was with Mr. Guyer a long time, and he never found anything wrong with me.
GUILTY .— Eighteen Months' Imprisonment.
Before Mr. Recorder.
MR. MOODY. conducted the Prosecution.
KATE BURKE . I am barmaid at the Blue Anchor public-house, Bermondaey—on 4th December, Harrison and two other men came there about 10 o'clock in the evening—Harrison ordered a pint of half-and-half, and paid me with a bad half-crown—I told him it was bad, and it was given back to him, and he gave roe a good one.
EMMA ELIZABETH BRIDGES . I am the wife of Joseph Bridges, and keep the Manor Tavern, Bermondsey, about 200 yards from the Blue Anchor—about 10.30 on Saturday night, 4th December, the prisoners came that together—Smith ordered a pint of six ale, and gave me a half-crown—I put it in the till, and gave him 2s. 3d. change—there was no other half-crown in the till—I took it up again in a few minutes and noticed that it was bad—the prisoners had then left—I called my husband, and he went after them—I gave him the half-crown.
JOSEPH BRIDGES . In consequence of what my wife told me I followed the prisoners, and found them just coming out of a beer-shop, and gave them into custody—I gave the constable the half-crown, which my wife had given me.
NOT GUILTY .
Before Mr. Common Serjeant.
AMELIA NICHOLLS . I am barmaid at the Alexandra Hotel, Clapham—on 25th November I served the prisoner with a glass of ale—she gave me a florin—I told her it was bad, and she threw down a good one—I kept the bad one in my hand, and called Mrs. Hale.
ELLEN HALE . My husband keeps the Alexandra Hotel—on 25th November the last witness called me and gave me a florin—I said to the prisoner, "It is bad, and you came here a few days ago, and gave me a bad half-crown"—and he said, "I did not, and if I did why don't you send for a policeman and lock me up"—she had given me a bad half-crown on Tuesday the 23rd, for some ale, and after she left my huslmiul bit a piece out of it.
WILLIAM SAMUEL HALE . On 25th November I came home, found the prisoner at my bar, and gave her in charge—I received a florin and a half-crown from my wife, which I gave to the inspector, and saw them market.
JOHN SLY . I am a baker, of Ballon Hill—about the middle of November, I served the prisoner with a twopenny tea-cake—she gave me a fierin—I bit it, bent it, and told her it wag bad—she said, "Oh, dear, that is two I have bad lately, try this," and gave me a good one—she took the bad one away.
Prisoner. I gave you a shilling. Witness. No; it was A florin—you paid me two visits.
GUILTY .— Twelve Months' Imprisonment.
MESSRS. MOODY. and GRAIN. conducted the Prosecution.
HARRIETT SHERVILL . I am barmaid to Mr. Higgins, of the Foresters' Arms, Richmond—on Thursday, 2nd December, between 6 and 8 o'clock, the prisoners came in, and Townsend asked for a pint of ale—he gave me a half-crown—I gave him 2s. 3d. change, and put it into the till, where there were three shillings and two sixpences, but no half-crowns—the prisoners drank together and left.
Townsend. I can be on my oath that there were other half-crowns in the till Witness. There were not—I found that it was bad when the gas was lighted—you then went out, which aroused suspicion; master was unlocking the till as you left.
WILLIAM HIGGINS . I am landlord 'of the Foresters' Arms—on? this evening I went into my bar to light the gas, and saw the prisoners there drinking—I saw one of them make a sign to the other to go out, and I looked into the till and found this bad half-crown—there were no other half-crowns there—I gave information to a policeman, and went with him to the Lemon Tree public-house, Kew Road—I saw the prisoners go in there and come out—I then went in and made inquiries, in consequence of which I told the constable to take them, and gave him the half-crown.
MARIA HORTIN . I am the wife of John Hortin, landlord of the Lemon Tree—on 2nd December the prisoners came there, and Townsend called for a pint of ale, he gave me a half-crown—I rung it, thought it was good, and put it in the till, where there were only a few sixpences and threepenny pieces—Higgins then came in, and I took the half-crown from the till, and took it out to the policeman.
Townsend. When we were taken, Higgins came on before us and said to you, "You must not say there were more half-crowns in the till" Witness. He did not—I never saw him again till we got to the station gate.
Townsend. Q. Did you lose sight of me? A. No—I did not see you buy two pawn tickets—the landlady identified the four sixpences and a threepenny-piece which she gave you.
station, and Townsend said, "Do you know anyone who will go down to the beer-shop, and keep the witness from coming forward, and I will give half-a-quid"—I said that I did not know anybody.
Townsend. Q. Did not I say, "Will you go to the landlady of the Lemon Tree, and tell her I will give her a half-sovereign instead of the half-crown? A. No, you never mentioned the half-crown—when I was taking you to Horsemonger Lane you said, "I intended you to have hid the half-quid, if you had managed that."
Horton's Defence. I met Townsend at Ebury Cottage; he asked me to go with him, and to have glasses of ale, which I did. I did not know what money he had.
Townsend's Defence. I changed a half-sovereign at a public-house in St Martin's Lane. The barman could not give it me, and a man with some harness on his shoulder gave me four half-crowns for it. I met Horton, and we had some beer at Richmond, and the policeman took us.
HORTON— NOT GUILTY .
TOWNSEND— GUILTY .— Nine Months' Inprisonment.
MESSRS. MOODY. and CASTLE. conducted the Prosecution.
ROBERT STEAD . I am assistant to Mr. Wood, a surgeon, 54, Union Street, Borough—on Friday morning, 3rd December, between 9 and 10 o'clock, the prisoner came in and asked for a plaster for his side—I gave him a plaster, and he gave me a shilling—I gave him 10d. change—put the shilling in the till, and about half-an-hour after I placed all the money in the cash-box—the prisoner came again in the morning for some liniment—I gave him twopennyworth, and he gave me a shilling—I gave him the change, and put the shilling in the till—I asked him whether the plaster did him good, and he said he was much better—had to pay 15s. or 16s. away, and one of the shillings was returned as bad—I then examined the money in the till, and found another bad shilling there—about 3 o'clock in the afternoon the prisoner came again for some more liniment, and gave me a bad half-crown—I then charged him with giving me the bad shilling—he made no answer—I asked him if he had any more bud money—he took out two good half-crowns, showed them to me, and put them back again—I gave him in charge—on the way to the station the errand-boy handed me another bad shilling, which he had picked up—I gave the coins to the police—if the plaster had been applied it would have left a mark.
Prisoner. I was down at Tooley Street at work—I only came in once.
THOMAS WILLIS . I am errand-boy to Mr. Wood—the prisoner was taken in custody on 4th December—he was taken out of the shop-door—a gentleman said something to me—I looked down on the kerbstone, and found a shilling—I ran after Mr. Stead, and gave it to him.
GEORGE CLEMENTS . (Policeman M 55). On Saturday, 4th December, the prisoner was given in to my charge—I told him the charge, and he became very intoxicated—I examined his sides; there was no mark at all—I produce a half-crown and three shillings, which I received from Mr. Stead.
Prisoner's Defence. I was drunk, and did not know it was lad money.
GUILTY .— Twelve Months' Imprisonment ,
EATON PLEADED GUILTY .— Eighteen Months' Imprisonment.
MR. WOOD, for the prosecution, offered no evidence against Fensom— NOT GUILTY .
ADJOURNED TO MONDAY, 10TH JANUARY, 1870.