CENTRAL CRIMINAL COURT
FOURTH SESSION, HELD JANUARY 29TH, 1872.
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, BARRISTK-AT-LAW.
STEVENS & SONS, 119, CHANCERY LANE.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, January 29th, 1872, and following days,
BEFORE THE RIGHT HON. SILLS JOHN GIBBONS, LORD MAYOR of the City of London; Sir WILLIAM FRY CHANNELL, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir ROBERT WALTER CARDEN , Knt., Sir WILLIAM ANDERSON ROSE , Knt., WARREN STORMES HALE, Esq., Sir JAMES CLARKE LAWRENCE , Bart., M. P., Sir SIDNEY HEDLEY WATERLOW , Knt., DAVID HENRY STONE , Esq., THOMAS SOAMBLER OWDEN, Esq., and CHARLES WHETHAM, Esq., Aldermen of the said City; THOMAS CHAMBERS , Esq., Q.C., M. P., Common Serjeant of the said City (acting as Deputy-Recorder); and ROBERT MALCOLM KERR , Esq., LL. D., Judge of the Sheriffs' Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal court.
FRANCIS WYATT TRUSCOTT, Esq., Alderman.
CENTRAL CRIMINAL COURT.
GIBBONS, MAYOR. FOURTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars, (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, January 29th, 1872.
Before Mr. Deputy Recorder.
187. ROBERT PAGE (23) , to stealing four cigar-cases and other goods, of Joseph Sewell, his master; and ROBERT HENRY SMITH (38), to feloniously receiving the same— [Pleaded guilty. See original trial image.] Eighteen Months' Imprisonment each.
189. ARTHUR HARDY (19), WILLIAM CARTER (18), and BENJAMIN TOMKINS (17), to stealing 150 plated spoons, of the London and North Western Railway Company, their masters— [Pleaded guilty. See original trial image.] Twelve Months' Imprisonment each. And
190. THOMAS BRODERICK (18), and EDWARD BUDD (17) , to stealing a letter containing an acquittance for the payment of 4l. 19s. 6d., the property of Her Majesty's Postmaster General; [Pleaded guilty. See original trial image.] BUDD also PLEADED GUILTY to uttering the same order.They received good characters— Six Months' Imprisonment each.
WILLIAMS PLEADED GUILTY . He also PLEADED GUILTY to having been before convicted in March, 1871— Eighteen Months' Imprisonment.
MR. F. H. LEWIS, for the Prosecution, offered no evidence against GOUGH
— NOT GUILTY .
WILLIAM GABRIEL . I am a jeweller, in Bishopsgate Street—on a Saturday evening, about 7.15, the prisoner came into my shop, and asked to look at some brooches and earrings—he selected about six sets, to the value of 60l., or 70l.—he gave the name of Sir Charles Cavendish, and desired the
things to be sent to the Cannon Street Hotel—he mentioned a Mrs. Gainsboro, as a customer of mine; I did not know the name—he gave a glowing description of the lady, and said he wanted to make her a present of a brooch and pair of earrings, and he wished them sent to the Cannon Street Hotel for her inspection—he wished to look at another set rather more expensive—I went to the end of the counter, and directed my assistant to get it out—I turned round sharply, and saw the prisoner appear to put something in his pocket—I looked on the counter, and instantly missed a set, value 7l. 10s.—I kept him in conversation for some time, hoping every minute to see a policeman pass; then he got up, saying they must be sent on in half an hour, by that time he would have dined—I went round to the door, and shut the door, and said "You can't go," and I accused him of robbing me—he said he had done nothing of the kind—I saw a police-man pass, and I called him in, and he searched him—whilst he was doing so, the prisoner shuffled about a great deal in the shop, and I saw the brooch and earrings at his feet—he was standing in the same position then as he was before, in front of the counter.
Cross-examined. My shop is not a very large one, about 8 ft. or 10 ft. wide—it is not common to send jewellery to an hotel for inspection; it is done sometimes; it is very rare—this is the case (produced)—the brooch and earrings were in it, as they are now—the prisoner had been looking at six or seven sets like this—I kept him in conversation about five minutes—I have two assistants, but only one in the shop—I did not think it wise to speak to the prisoner about it till I saw a policeman pass—I did not see him touch the case—there were about eight sets on the counter.
Re-examined. If I was to send jewellery on approval to a person calling himself Sir Charles Cavendish, I should expect to find such a person there—when I first came round the counter, the case was not on the ground.
JOHN BOTTING (City Policeman 910). I was called in to take the prisoner into custody—I searched his coat pockets—he was very restless, I could not keep him still—I told him to keep still, I was not going to hurt him, and all of a sudden I saw this morocco case lying down against his feet—I said to Mr. Gabriel, "There is the case, pick it up"—he did so, and gave it to me—I searched the prisoner at the station, and found on him 2s. in silver, 1s. worth of coppers, the tops of two old metal spoons, a smelling-bottle, and snuff-box—I asked his name and address—he said he could not give it me, it would disgrace his family—on the Sunday morning he gave an address for me to go to his sister, which was false.
The Prisoner's Statement before the Magistrate: "I have nothing to say."
WILLIAM GABRIEL (re-examined). When I first came round the counter, I did not look on the floor to see if the case was there, but if he had thrown it down by his arm I think I must have heard it fall; the only way in which I can account for its getting on the floor was in his shuffling about.
GUILTY — Twelve Months' Imprisonment.
MR. BROMBY conducted the Prosecution.
ISAAC LEVI . I am a jeweller, at 12, Harrow Alloy, Houndsditch—on 20th January, about 12 o'clock, I was serving a lady, in my shop, with two gold chains—I showed her a tray with some gold chains on it, and brooches, rings, and other articles of jewellery—the prisoner ran inside the
shop, pushed the lady on one side with one hand, and with the other he cleared the tray of the chains and other things, and rushed out again—I ran after him, calling "Stop thief!" and I saw him stopped—I saw the chains in his hand, and he threw them away when he was stopped—these (produced) are my chains and brooches, which were on the tray—I missed goods altogether of the value of 12l. or 13l., three brooches, four chains, and other articles—I have not recovered them quite all; these have been found.
Prisoner. He says I stole three brooches; I have not seen them. I am guilty of stealing four chains.
GUILTY *— Twelve Months' Imprisonment.
194. ESTHER ELKINGTON (15) , Feloniously and maliciously setting fire to the dwelling-house of Alfred Richard Brogden, he and others being therein. Other Counts—Attempting to set fire to the house, with intent to injure.
MR. BRINDLEY conducted the Prosecution.
ALFRED RICHARD BROGDEN . live at 61, Theobald's Road, Holborn, and am a collector—the prisoner was a servant in my employ—on the morning of 5th January I was awoke about 4 o'clock by Mrs. Guthrie, one of my lodgers, and went down stairs to the back parlour—I found the curtains were burnt, the arm chair was on fire at the time, and the bar of a little fancy table was burnt nearly through; that was out, it had been burnt, and a child's chair which was underneath that table was also burnt—there was some paper burnt, in the cupboard, and on the top of that there were three pieces of wood; the paper was burnt, and the wood had been blackened and charred—the flooring was burnt, and the wood round the window was charred—the table which was burnt was in the same position as it was left over night—I went to the prisoner's bedroom—the door was partly open, and a pail put against the door, apparently to keep it open; that was where she sleeps—the prisoner was partly dressed, with her night dress over her other things—when I came down she was in the room, on the threshold of the door—the bed was not made; she had not made it for the night, as she generally does—I said to her "Esther, have you set fire to this place?"—she said "No, somebody must have been in and done it"—her room was close to the room which was burning—I said it was very strange that it should be on fire in such different places—she made no reply to that—there were three places on fire—I went to the door and got a constable—the prisoner's room is next to the room that was on fire, and her room door was open—when the constable came, he asked me if I would give her in charge—I said to him when he came in, "I wish to give my servant in charge for attempting to set fire to the premises"—the constable questioned her, and she said she broke open the cupboard to get some tea—he asked her if she had done it—she said she opened the cupboard to get some sugar to sweeten some tea that she had made, and we found there had been no tea made—she said she dropped the paper in the cupboard, where the wood was put over it, an she went to get a light to look for the sugar—there was a grate in the room, but there was no appearance of any fire in it—the prisoner said "I dropped the paper inside the cupboard"—the cupboard door was open, and I saw the charred paper there—she said she forced open the cupboard door with the screw-driver—the door was locked over night—she said she had got out of bed, went to the cupboard to make some tea, and forced it open with a screw-driver—there was
some tea in a caddy on the sideboard—some of it had been taken out, and it was scattered on the sideboard—a packet of tea and sugar was found in the prisoner's box—her box was packed ready for removal—some tea was spilt on the sideboard where the tea-caddy stood, and the lid was open—it had been closed the night before—the shop adjoined the prisoner's bedroom—there are two tills in the shop—I had left 10d. in copper in one till, and that was gone—10d. was found in a purse in the prisoner's box—there were two new farthings in the till, and they were found in the purse—these (produced) are the three pieces of wood which were in the cupboard over the charred paper, and this is a piece of a child's money-box which had been in the cupboard and which was gone in the morning, and I found this little piece of wood, which is a part of the box, on the floor—I should think there was about 2l. in silver and copper in the box—the money was all gone, as well as the box—the 10d. and the tea and sugar were all that was found—the prisoner had been in my service about four months—she was not under notice to leave—I did not know that she was packing her box, or that she had any intention of leaving.
ANNIE GUTHRIE . I am the wife of James Guthrie, a compositor—he is dying of consumption—I lodge in the house of Mr. Brogden—on the morning of 5th January, about 4 o'clock, I had occasion to get up to attend to my sick husband—my room is two floors above the shop—my room became full of smoke—I took my lamp and went down stairs to the kitchen—I found the fire was not there and I went to the passage, level with the shop—I looked in the parlour but I could not see my hand before me, for the smoke was so great—I put my hand against the door and put my leg against a zinc pail which propped the door open—I went in to where the prisoner slept—she was lying on the bed, partly dressed, but her night-dress was over her petticoats—I said "How can you lie there with the place all on fire, and this smoke?"—she said "I have not done it, some one must have come in and done it"—she raised herself up in bed—I looked into the adjoining room, that is the back parlour, and I saw the easy-chair was all red, on fire, and I instantly closed the door and proceeded to Mr. Brogden's bed-room and he came down—the prisoner's door was propped open by a zinc pail—it was the next room to the parlour—when Mr. Brogden arrived he moved the burning furniture into the yard—the prisoner's mistress said to her "How can this fire have come here?"—she said she did not know anything about it, that somebody must have done it—her mistress then said "What can have become of the curtains, where can they have gone to?" and she said "Did you go to bed?"—she first said that she did go to bed—her mistress said "If you did go to bed you had no candle or matches; how did you come by the light; you must know how you got the light, Esther?"—she said "I never turned the gas out"—and she also said she had not been to bed—her mistress said "How was it you did not go to bed, or what male you get up; if you acknowledge going to bed, what made you get up;" and she said "I got up in the night to make tea"—her mistress then went to the sideboard cupboard and she perceived that it was forced open and the look was partly hanging down—she asked the prisoner why she went to it, and she said she went to get the sugar to make tea in the night—when the constable came she said "I broke open the cupboard by a screw-driver"—she said that in going to the cupboard she had dropped a piece of paper and that set light to the long curtains and that she pulled them down—they were long white muslin curtains, and were attached by a string at the top
of the window—a wet stocking was found lying on the floor, and her mistress asked her why it was there, and she said she had it to put out the fire—when we came back from the station, after she was locked up, I saw her box, which was packed—the dress she had worn in the morning had been folded up and put in—there were two ounces of moist sugar and tea in her box, and 10d. in farthings and halfpence—the fire was found out about 4.30 in the morning, as near as I can recollect.
RICHARD BLISSETT (Policeman E 106). I was called by Mr. Brogden to his house, 61, Theobald's Road, Holborn, about 5.15 on the morning of 5th January—I went into the back parlour, and saw the prisoner and Mrs. Brogden and Mrs. Guthrie there—Mr. Brogden said "Policeman, this is a very mysterious affair; someone has set fire to my furniture here in the back parlour"—Mrs. Guthrie was standing on the sill of the door—she came into the room, and said about 4 o'clock she came out of her room, and found the place full of smoke; she came down stairs, and saw the prisoner lying on her bed, partly dressed; she pushed open the parlour door, and saw the back parlour furniture in flames, burning; after she had woke the prisoner up, she asked her how she could account for the fire, and she said she knew nothing about it—the prisoner was present at that time—I saw an arm chair that Mr. Brogden had taken out into the back yard, and a child's small chair—the legs were burnt and black—the parlour window was burnt very much, and a pair of curtains had been pulled down, and were partially burnt—the cupboard in the sideboard was open, and at the entrance there was some paper and wood built up—there were three separate places in the room where fire had been—after Mrs. Brogden found the cupboard broken open, she said "Esther, you must know something of this, sleeping so close to it"—I was examining the cupboard at that time—there were marks on it, and there was a screw-driver close by—the prisoner said "I forced open the cupboard, for the purpose of getting some tea and sugar, and I must have dropped the light in the cupboard when I was looking for the tea and sugar"—Mr. Brogden then said "I shall give her into custody for forcing open the cupboard, and on suspicion of setting fire to my place"—she said "I know nothing about setting fire to it; I did not do it"—she was taken to the station—I found on her a bag of money, containing about 11s. in silver and copper—there was a farthing, which Mr. Brogden identified as being a portion of his money.
A. R. BROGDEN (re-examined). I know this farthing—I had it in change for some stout that I sent for a few days before—it is very smooth on one side—I gave it to my little boy, and he put it in his money box—it was found amongst the money which was found upon the prisoner.
THOMAS WILLIAM BATEMAN . I am fireman 124 at the Holborn Station—I was called to 61, Theobald's Road, and examined the back parlour, on the ground floor—I found a pair of long curtains burnt, arm chair damaged by fire, and the floor partly damaged—the cupboard was burnt, and there was a quantity of paper ash all over the floor, under the window, and as far as the cupboard—the skirting of the room was slightly damaged—I said I wished to see the prisoner, and they told me she was outside—I went out, and saw her in the passage—I asked her whether she could tell me how the fire happened—she said "I lighted a piece of paper to seek after something that fell off the table, and in doing so I set light to the curtain; I pulled it down, and fancied all the fire was out, and I went to bed"—I asked her
what time it was, and she said about 2 o'clock she believed—the cupboard was close to the window, on the left-hand side.
MARY BALL . I am female searcher at Hunter Street police-station—on the morning of 5th January I searched the prisoner, and found 5s. 4d. in silver, and 6s. 7d. in bronze, in pence, halfpence, and farthings—I gave them to the inspector.
The Prisoner's Statement before the Magistrate: "I never set fire to the curtains, I can take my oath to that; and I never opened the money-box; I can take my oath to that."
GUILTY.The Jury recommended her to mercy, considering that she was totally ignorant of the consequences of the crime — Seven Years' Penal Servitude.
NEW COURT.—Monday, January 29th, 1872.
Before Robert Malcolm Kerr, Esq.
MR. CRAUFURD conducted the Prosecution; and MR. DE MICHELE the Defence.
RICHARD ARKWRIGHT . I am a licensed victualler, at 41, Acton Street, Gray's Inn Road—on 3rd January, between 5 and 6 o'clock in the evening, I served the prisoner with a pennyworth of rum—I noticed him very particularly, he drank it and left—next evening he came again about the same time—the barmaid served him with a pennyworth of rum and I saw him pay her with a penny, he sat about twenty minutes drinking the rum and then left—shortly afterwards a little boy came in for three-pennyworth of pale brandy in a bottle, for which he had to pay a penny deposit—I saw him put a half-crown on the counter, the barmaid took it up and passed it to me, it was bad and I broke a piece out of it—I spoke to the boy and gave him an empty bottle, he went out and came back with his father and the prisoner—I asked the prisoner what he meant by this—he could not give me any answer—I said "We have caught-you at last" and gave him in charge with the half-crown.
EMMA HERITAGE . On 3rd January, I served the prisoner with a penny-Worth of rum and he paid with a penny—on the 4th I again served him with a pennyworth of rum—he gave me a penny, and after he went out a boy came in and asked for three-pennyworth of pale brandy in a bottle—he gave me this bad half-crown, I passed it to Mr. Arkwright, who spoke to the boy who went out and met his father, and Mr. Arkwright followed—the prisoner came back with them, and Mr. Arkwright said "We have caught you, did you send this?"—he said "No"—we sent for a policeman, who took him in custody.
THOMAS HENRY BESLEY . I am nine years old and live with my father at 21, Wakefield Street—on this evening in January I saw the prisoner in Acton Street, near Mr. Arkwright's—he said "Go and get three-pennyworth of pale brandy and a penny on the bottle, and make haste with it, and I will give you a halfpenny when you come back"—he gave me a half-crown—I went to Mr. Arkwright's and asked the barmaid for the brandy and placed the half-crown on the counter—she handed it to Mr. Arkwright, who told me to give the bottle back to him—I did so and went out and saw my father coming—I went back to the house with him—the barmaid gave me an
empty bottle and told me something—I went out and my father followed me—I walked on one side of the street and my father on the other—I saw the prisoner and went up to him, and my father came up and took him and me back to the public-house.
Prisoner. I was looking in at a window and never saw you till I went into the public-house with your father; I never gave you a half-crown.
JOHN BESLEY . I am the father of the last witness—I sent him on an errand on 4th January—he was out longer than I expected, and I went out and met him in Acton Street, outside the public-house—I went in with him and saw him receive an empty bottle—he left the house with me and pointed out the prisoner to me, who crossed the road in the direction of the boy, and I took him.
Prisoner's Defence. I never had the half-crown in my hand, and never saw the boy till I was taken.
GUILTY — Twelve Months' Imprisonment.
WILLIAM FENELLEY (Policeman Y 449). On 7th January, about 10.30 I found Branton in the Ship public-house, Kentish Town, drunk—I took her to the station—she had these two bundles with her—I asked where she got them—she said she had been to Ludgate Hill to see a friend who gave them to her—I afterwards took Nicholls at the Daniel Lambert, Ludgate Hill.
Cross-examined. She gave me her right address.
JOHN DALTON (Detective Officer Y). On the morning of 8th January, I went with Fenelley to the Daniel Lambert, and told Nicholls I should take her in custody on a charge of stealing those articles, the property of her master—she said "You had better let me be till the morning"—I said "Well, it is morning now"—I searched her box in her presence, she said "There is nothing there belonging to my master, it all belongs to me"—I went on searching and found this pocket-handkerchief, marked "Lavell" this piece of repp, this towel marked "J. M. L." and three house cloths—I took her to the station—I afterwards searched Branton's lodging and found ten glasses, two plates, two dresses, a knife and fork, and twenty-four duplicates (produced).
MR. MOODY stated that he could not resist this evidence.
GUILTY —Nicholls received a good character.
Twelve Months' Imprisonment each.
EDWARD STEWART (Policeman K 319). On 2nd January, about 1.20 a.m., I was on duty in High Street, Bromley, and heard a cry of "Murder!" and "Police!"—I found the prisoner at 5, High Street, sitting on the floor just inside the door—I asked him what was the matter—he said "I have done it at last, I have cut my wife's throat"—I went into the shop and saw the prisoner's wife sitting in a chair, with a wound on the right side of her face, and her dress saturated with blood down the front—I asked her in the prisoner's presence how it happened—she said "I don't know"—I followed the track of blood into the back room behind the shop, where there was a bed, and found by the side of the bed this knife (produced), open and covered with wet blood—I afterwards showed it to the doctor—I went back into the shop with the knife in my hand, and the prisoner said "That is what I did it with, I have murdered my wife, I shall be hung for it"—I asked her in his presence how it happened—she said "I was helping him into bed when he flung his arm round and struck me, I put my hand up and felt blood"—I took the prisoner to the station on a stretcher—he was sober.
Cross-examined. I took him on a stretcher because he is paralyzed—he was sitting upright on the floor, with his legs stretched out.
DAVID LESLIE . I am a surgeon, of Kent House, Bow Road—on 2nd January I was called and saw the prosecutrix—she was quite sensible but had lost a considerable quantity of blood from an incised wound on the right temple, extending two inches down to the ear—it was not dangerous at first, but subsequently lock-jaw was threatened—the wound might have been caused by this knife.
Cross-examined. The threatened lock-jaw was in consequence of injury to a nerve.
CATHERINE HARLEY . I am the prisoner's wife—on 2nd January I was in bed—the prisoner did not come to bed till between 1 and 2 o'clock in the morning—he asked me to assist him into bed—I put my right arm under his left shoulder, and as soon as he put his hand on my shoulder I felt something sharp in the side of my face—I said "What have you done?"—he said "I have done it at last"—I went out into the back-room, and came in again, and said "I feel very bad"—he said "Yes, you are dying"—I said "Yes, I believe I am dying"—he said "Come and sit down by the side of me, and then you will die happy"—I said "No, I shall not do that"—he went to the door and called for assistance loudly, and a policeman came up—we had had no quarrel that evening, but he has a very irritable temper, and I said after 12 o'clock that it was getting very late—he said that he should not come to bed, he wanted to sit up to see the new year in—he has threatened to do for me several times.
Croat-examined. This was on the 1st January, or the morning of the 2nd—he said he should like to sit up as he had had no one in to enjoy the new year's day, to see if anybody did come in—this was Monday night—he did not make a mistake about the new year—he is paralyzed—he can write both with pen and pencil—he was not mending his pencil at this time—he only writes with a pencil when the men come to take goods away—he mends his pencil with a knife—he has several knives—I won't say that I never provoke him.
Re-examined. He had not been writing that evening.
GUILTY of unlawfully, but not of maliciously wounding.
MR. LANGFORD subsequently moved in arrest of judgment, he submitted
that the Jury had no power to find a verdict of unlawfully wounding, upon this form of indictment. By the 14 and 15 Vict., c. 19, s. 5, on a charge of feloniously wounding, the Jury were empowered to find a verdict of unlawfully wounding, but no such verdict could be found under the 24 and 25 Viet. c. 100, s. 18, upon which this indictment was framed; they could only find a verdict of guilty or net guilty, and had no power to reduce the effect of their verdict by the omission of the word "maliciously." MR. DE MICHELE contended that the question of malice was one simply for the Court, and the unlawful wounding was the material question to be decided by the Jury. THE COURT, after consulting MR. AVORY, took time to consider the question.
MR. ST. AUBYN conducted the Prosecution; and MR. M. WILLIAMS the Defence.
JOHN GEORGE GUPPY . I am a cab-driver, of 7, Southampton Street, Pentonville—on Friday evening, 1st December, about 6 o'clock, I "put on" at Fullwood's Rents, Holborn, about 6 o'clock—I went into a coffee-shop to have some tea, and Anderson, another driver, came in and had some tea—I then had a short fare, and came back again, and heard that the cab had been lost—I had a fare to Islington, at 8.30, and saw Anderson's lost cab going up the Essex Road, driven by the prisoner, who I have known some years—I told a constable.
Cross-examined. It was close upon 9 o'clock when I saw the prisoner with the cab—I knew whose cab it was, but did not attempt to stop it—I mentioned it to a policeman four or five minutes afterwards—I mean to say that I could see the number at 9 o'clock at night—the number was behind—it was going slow when I saw the number, but it went at a rapid pace up the Essex Road.
GEORGE ANDERSON . I put my cab on the rank, and had tea at the same house as Guppy—I had a cape, a rug, and a mat, which I put inside the cab, and shut the doors—when I came out, at 7 o'clock, the horse and cab were gone—I gave information to my master, and at Bow Street station.
Cross-examined. A pretty good number of vehicles are going backwards and forwards, near the Angel, at Islington.
Witness for the Defence.
MARY ANN WHITE . I am the wife of Michael White, of 3, Ormond Place—on 1st December, in the morning, the prisoner borrowed a penny of me—he was then going to the workhouse, for relief for his children—he came again at night, at 7.40, and paid me the penny, and remained in my room an hour and a half, or two hours—it was quite 9.30 when he left—his wife came to the foot of the stairs and called him—this was on a Friday.
Cross-examined. He is very badly off—he was perfectly sober—if anybody says he was drunk, it is a mistake—my husband was examined before the Magistrate.
NOT GUILTY .
OLD COURT.—Tuesday, January 30th, 1872.
Before Mr. Deputy Recorder.
MR. HARMSWORTH conducted the Prosecution.
FREDERICK PARKER (Policeman E 411). On Sunday morning, 7th January, about 12.30, I was on duty, in company with Mason, in Charles Street, Drury Lane, and heard the sounds of a scuffle in the middle of the road—I saw a man fall to the ground, and six or seven persons on top of him at once—I went towards the spot, and saw five men run away—I saw the prisoner—she was the last one that left him—she was atop of him—just as I got to them she started to go away, and she kicked his hat away, and tried to pick it up—I ran past the man who was on the ground—I saw his watch lying on the ground—I stopped the prisoner till 418 came up—I left her in his charge while I pursued the others, but I lost them in King Street, Drury Lane—when I came back the prisoner said she had nothing to do with the robbery, but she knew the men, and could take us to their lodging—the prosecutor had got up when I came back—the other constable picked up the watch and gave it to me—the prosecutor was intoxicated, but he had been knocked down and kicked, and cut under the eye—as soon as he saw the prisoner he said that is the one I will give in charge for robbing me—after charging the prisoner I went again to the spot, and found this piece of chain.
HENRY MASON (Policeman E 418). I was with Parker, who called my attention to a sudden scuffle—we ran up and saw five men run away, and the prosecutor lying on the ground, and the prisoner was the last to get up from him, and as she was running away from him, she kicked his hat, and attempted to pick it up—I detained her—she said "Let me go, I don't know anything about it, but I can take you to the place where the men live"—when the prosecutor saw her he said "That is the woman that stole my watch"—he appeared the worse for liquor, and very much knocked about—he was bleeding from several parts, both hands and face—at the station she said knew nothing about it.
FRANCIS PLUMB . I am a barrister's clerk, and live at 72, Colonnade Mews, Russell Square—on Sunday morning, 7th January, I was in the neighbourhood of Drury Lane—I recollect nothing previously to getting there—I was very much the worse for liquor—I was brought to my senses by a very sudden and severe struggle in which I was engaged with several persons—the prisoner is one of those persons—I had not seen her before to my recollection—I was very much ill-used—I was knocked about in all parts of my body, more especially about my face—a gold pin was taken from my scarf, some money, and a watch and chain—I remember the watch being taken—I recollect three of the persons struggling very hard to get my watch and chain—the prisoner was one actively engaged in endeavouring to get my watch and chain from me—the constables came up after I had been knocked down—the prisoner was then on the top of me—the others ran away—the watch and chain produced are mine.
Prisoner. Q. Did not I see you at the top of Queen Street, and you
asked me to take you home? A. I have no recollection of it—the five men did not come and knock both you and I down.
The Prisoner's Statement before the Magistrate: "The gentleman and I were coming up Charles Street, a lot of men rushed out from somewhere and knocked me down, as well as him. I screamed 'Police!' I met the prosecutor at the top of Queen Street, he asked me where I was going; I said 'Home;' he asked me to take him home; I said I did not mind; he said he had not got much money. I don't know the men, or I would tell in a moment."
GUILTY — Twelve Months' Imprisonment.
MR. COOPER conducted the Prosecution; and MR. HOLLINGS the Defence.
DANIEL LEWIS . I am a messenger, of 8, Museum Street—on Sunday night, 7th January, about 5.30, after my tea-time, I was walking along Broad Street, Bloomsbury—I just looked behind me, on my right-hand side, and I saw a young man running as fast as he could by me—he turned sharp round to the left, and tripped me up, and got hold of my watch-chain—he pulled at it, and got it out, and it fell on the kerb-stone—he did nothing to me but pulling at the chain—he tripped me up with his foot, and I fell down on my knee—he ran away—I did not see him again till I saw him at the station—I believe the prisoner to be the person—I saw the side of his face, it was light enough to see.
Cross-examined. It was not a very dark night—we were not far from a lamp-post—I had been drinking nothing stronger than tea—this occurred just at the bottom of George Street, on the pavement, near the corner—I said before the Magistrate "I believe the prisoner is the man, but I can't swear it"—I say so now, I only saw the side of his face.
WILLIAM MEW . I am an undertaker, and live at 5, High Street, Bloomsbury—about 5.30, on this evening, I was passing along Bloomsbury—I did not see the prosecutor until he fell on my side—I did not see what caused him to fall—I was looking on the ground at the time—I picked him up, and he said "My watch!" at the same time someone suddenly ran round the corner very quickly—I believe the prisoner to be the man, but I should not like to swear to him, it was done so instantaneously, and he ran round the corner so quickly that I had not a first class view of him—I gave a description of the person to the police—I afterwards saw the prisoner in the police-yard, mixed with eight or nine others, and I picked him out and said I believed he was the man.
Cross-examined. I believe him to be the man now, by his appearance and dress—it happened close to the corner, within a foot—I looked straight at him—it did not take a quarter of a second—his back was towards me as he ran away—I caught a little view of his face, not a good one, it was in the twilight, not pitch dark—I described him as about 5 ft. 7 in. in height, about eighteen years of age, and dressed in a light coat and black hat.
JOHN HEAD (Policeman E 2). On Sunday night, 7th January, about 5.30, I received information and a description of a man from Mr. Mew, in consequence of which, on the evening of the 8th, I went to No. 3, Church Lane—on entering the house, several persons in the lane called out loudly "Johnny, Johnny"—I went up stairs to a room on the first floor, where the prisoner resided—I found the door open—hearing a noise further up
stairs, I went up to the second landing, and saw the prisoner crawling through the window—I was unable to get hold of him—I then returned to the street, placed a constable outside, and entered the house No. 5—on going up stairs I heard a scramble before me, and the door close—I entered the top room, and there I found the prisoner—I said "I want you for attempting to steal an old gentleman's watch, in Broad Street, last evening—he said "Me, sir, he is mistaken"—I took him to the station, and placed him in the yard with seven or eight others—I then sent for Mr. Mew, and told him he was going to see some men—after looking at them he pointed out the prisoner, and said he believed he was the one—that was after looking at them a second or so—I found on the prisoner this paper, showing that he had enlisted in the Royal Artillery on that day.
Cross-examined. Mew said before he saw the prisoner that he should know him by his dress and age—I don't think he mentioned his face.
GUILTY —He also PLEADED GUILTY to having been before convicted of felony in April 1871.
Twelve Months' Imprisonment.
MR. R. N. PHILIPPS conducted the Prosecution.
GUILTY — One Month's Imprisonment.
202. JOHN SMITH (40), JOSEPH DULAX (29), and JEAN COLLIN (37) , Burglariously breaking and entering the dwelling-house of Hannah Elgar Harvey, and stealing 2 coats, 31 spoons, and other goods. SMITH PLEADED GUILTY .
MR. RIBTON conducted the Prosecution.
The Prisoners being foreigners, the evidence was interpreted.
AMELIA GROOM . I am maid to Hannah Elgar Harvey, who lives at 2, Addison Road, Kensington—on 17th November I went to bed about 10 o'clock, leaving the house fastened up all safe—at that time this clock was in the dining-room, and the other one in the drawing-room—I came down in the morning about 5.10, and I then missed the two clocks, a table-cover, a biscuit tin, 12 dessert knives and forks, 11 fish knives, a number of dinner napkins and rings, some table knives and carving knives, 5s. in money, four pillow cases, and other things—I was not the last to go to bed, but when I went up all was safe—no one went round the house after me—there was a hole cut in the back door, large enough to admit a man's hand, so that the door could be unfastened—it was fastened by a bolt and a bar—I found the door open, the piece of wood which came from the hole, and a centre-bit—the back door was open—the inner door was the one they cut—I saw the two clocks and some other things about a fortnight afterwards—I identify them, and the dessert knives and forks, and the fish knives and forks, as my mistress's property—I have been in her service twelve years and a half—two of the napkin rings, a pen knife, and part of a table-cover were shown to me, and I identified them.
FREDERICK TOWERS . I live at 23, Tottenham Court Road—a clock has been shown to me which was pledged at my master's shop on 18th November, 1871, in the name of John Felix, to the best of my belief by Collin—he was in the shop three or four minutes—I identified him at George Street police-station, I think two months afterwards—he was shown to me with five others.
Collin. Q. Did you first point to Dulax as the person who pawned it? A. No.
PETER HARNETT (Police Inspector E). On 22nd January, I went to Leicester Place, Leicester Square, and found the prisoner Collin and a man who is not here, and took them into custody—Towers saw Collin, and picked him out from five others, and said he believed he was the man who pledged the clock—the other man was subsequently discharged—I searched Collin's house, and found about 400l. worth of goods, consisting of opera glasses, telescopes, spectacles, four gold watches, two gold rings, a dozen shirts, three portmanteaus, and a large box—the box contained the property I have described—I also found a bottle of liquid, used to take out writing—that property was restored to the owners in Brussels—an optician's, in Brussels, was robbed on the 16th, and those were the goods that were stolen—I found the clock, which has been identified, at Mr. Smith's, the pawnbroker's, at Tottenham Court Road—I took Smith into custody on 4th December—I found him in bed—he got up, and I searched the room—I found some knives and forks, which are produced, a table-cover, and a centre-bit—the table-cover and knives and forks were afterwards identified by Groom—I compared the centre-bit with the marks on the door which was broken open, and it appears to me to fit it nicely—the next day, the 5th, I saw Dulax at 4, New North Street, Theobald's Road, in the kitchen, at his supper, with a prostitute—I told him I should take him into custody for being concerned with Smith in breaking into a gentleman's house at Bromley, in Kent—he said "I know nothing about it"—he spoke in English—Sergeant Knight, who was with me, found this brush—Dulax said "Everything in the room is mine"—the brush is identified by a witness as having been stolen from a gentleman's house, in another case—the goods which have been stolen from Harvey's, and have been identified, are worth about 30l.
ELIZA COLLIN . I live at 9, Mark's Buildings, Holborn—I know Collin as Daniel Nester—I lived with him about six weeks—on 4th November two clocks were brought to my room—Dulax came in with a parcel, Smith with a carpet bag; Nester brought one clock, and a man named Charlie brought another—I am not sure that it was the 4th November, but it was in November—after that they took the clocks out, one at a time, to sell them—they had pawn tickets with them when they came back, and Dulax burnt them—he said he did not want anyone to see them—we were living at 22, Oxford Street then—I have seen all the prisoners go out at night and come hack to my room, and they used to bring parcels occasionally.
PHOEBE NORRIS . I am landlady of the house where Smith lived—the three prisoners took my floor—they were all together—it was either the 11th or 12th November—Smith was my lodger, and the others visited him—I have heard them go out at night and come in in the morning—I gave him a latch-key—I did not see any property in the rooms—I did not go in—they were only with me a little more than a fortnight.
Dulax's Defence. I am a goldsmith by trade, and it is true that I went to visit Daniel, as I know many French people in that French quarter; Daniel was in the habit of going to the sales to buy jewellery, and he came at times to me and asked me the value of articles, and that is how I came to go to see him; I am not guilty of anything; I really don't know anything about it.
DULAX and COLLIN GUILTY .
COLLIN was further charged with having been before convicted.
THOMAS JAMES JACKSON . I am Governor of the County Gaol at Nottingham—I know Collin as Felix Bayett—he was convicted of housebreaking and sentenced to eighteen months in April, 1870—he served his full time.
Collin. Q. Are you sure I am the man? A. I am certain of him—I could pick him out of a thousand—he was under my constant observation—I may say that he did not serve the eighteen months in the gaol, he served it in the House of Correction, but I saw him before that and several times afterwards.
COLLIN—GUILTY— Ten Years' Penal Servitude.
SMITH PLEADID GUILTY
to having been before convicted**— Ten Years' Penal Servitude.
DULAX**— Ten Years' Penal Servitude.
THE COURT ordered Harnett a reward of 2l., and Knight a reward of 1l.
MR. DOUGLAS conducted the Prosecution; and MR. HORACE BROWN the Defence.
WILLIAM OSBORNE (City Policeman 711). On 5th January, about 5.30 in the afternoon, I was crossing Tower Hill—I saw the prisoner run from the doorway of Mr. Pearce's shop, and as he ran he was rolling something up in his arms in front of him—he ran into the middle of the road, and I saw something white attached to it, and this ticket fell in front of him—I pursued him through Queen Street down Rosemary Lane, and then he doubled back—as he was going back he took off his coat—I was tripped up by some one—he threw this coat on the ground—I came up with him in the Minories, where he was stopped—I did not lose sight of him—he was conveyed to the station—I went and searched for the coat, and when I went back the prisoner said "Have you got the coat?"—I said "I have got the one you wore; where is the other one?"—he said "I don't know; you will find it somewhere over the Tower railings."
Cross-examined. He threw his arm up and the ticket fell in front of me—I said before the Magistrate that I was tripped up—I went to the railings to find the coat—I looked inside and outside, but I was not able to find anything—I said before the Magistrate that some one kicked me—it was not the prisoner—he was in front of me, and there was a mob of the worst characters following.
EDWARD LATTER (City Policeman 728). I was with Osborne—I saw the prisoner running with something in his arms—as he turned the corner of Tower railings this ticket fell down in front of Osborne, and he picked it up—I could not say whether the prisoner threw anything over the railings—it was dark at that corner—I stopped there while Osborne went to the station and got a lamp.
Cross-examined. I mean to say to-day that it was very dark, and we could not see whether he threw it over—I said that I saw him throw something away, but that was the card—it was light there, because it was close to the shop.
TIMOTHY COX . I live at 284, High Street, Wapping, and am gatekeeper at the Great Northern Railway—I saw the prisoner in Rosemary Lane on 5th January—he threw something away just behind a cart—I was about twenty yards off—it looked like a parcel—I was at the entrance to the station—he pulled off his own coat and threw it on the ground—I picked it up and gave it to the police—it was a light parcel that he threw down—there was a great crowd, and the constables were running after him.
Cross-examined. I saw him first in Queen Street, running up from the Tower railings—it was about 5.30 in the evening—it was rather dark—I
could not see what it was he did throw away—it was something of a light description, wrapped up loosely—I ran to get it, but I could not—they are a very rough lot in that neighbourhood.
JOHN JOHNS . I am assistant to Mr. William Pearce, a tailor, at Tower Hill—I have a ticket here which I can identify—it was on a light grey coat which was over the bar in front of the window—I saw the coat safe five minutes before I missed it, about 5.30 on 5th January—it was worth about 15s.—I have not seen it since.
Cross-examined. I was in the shop the whole time—I happened to turn my back to get a duster and the coat was gone—I saw the man's back—I was in the shop alone—I went to the door, but I could not leave the shop to run ofter the man, because there are too many who would have taken more—Osborne brought the ticket to me.
GUILTY . He also PLEADED GUILTY* to having been before convicted in July, 1871.— Six Months' Imprisonment.
NEW COURT.—Tuesday, January 30th, 1872.
Before Robert Malcolm Kerr, Esq.
204. CHARLES FISHER (20), and MARTIN COKER (20), PLEADED GUILTY to stealing a wooden case containing divers goods, the property of John Porter Foster and others—FISHER**— Two Years' Imprisonment. COKER— Twelve Months' Imprisonment.
205. JOHN HANSON (10), and JOHN MASON (19) , to burglariously, breaking and entering the dwelling-house of George Faulkner, and stealing therein two shirts and other Articles, his property, Hanson having been before convicted— [Pleaded guilty. See original trial image.] HANSON**— Two Years' Imprisonment. MASON— Eighteen Months' Imprisonment. And
206. HENRY COLINET (40) , to feloniously forging and uttering a bill of exchange for the payment of 14l. 8s., with intent to defraud— [Pleaded guilty. See original trial image.] Two Years' Imprisonment.
MR. BESLEY conducted the Prosecution; and MR. HARRIS defended Brown.
THOMAS MONK . I am employed at Mr. Webb's, and sleep on his premises, 27, Commercial Street, Whitechapel—on the Saturday morning before Christmas, I went to bed at 3 o'clock—I had looked up the premises at 11 o'clock—the safe was there then, it contained silver and copper, perhaps 40l. worth, and I believe some leases and papers of value—at 6.45 next morning I found the place had been entered by forcing a padlock off—I missed the safe and some geese and turkeys—the safe is outside the Court, it weighs 2 cwt.
ALFRED STEWARD . I am a chimney sweeper, of Commercial Street, Whitechapel, about six yards from Mr. Webb's premises—on this Saturday morning, about 5.30 or 5.45, I saw Brown and Michael Donovan (see p. 237) pushing a burrow, and Lyne threw a carpet over it—I did not follow them far—I spoke to a policeman—I have seen the same safe here.
Cross-examined. I could not see the policeman's number, it was dark—many people were about, it was market morning—I saw the same policeman yesterday morning in Spitalfield's Market, but did not notice his number—I was not a half yard from the prisoners, it was all in a
minute—I had never seen them before—I only saw Donovan when he was moving away—I was here last Session when his case went before the Grand jury—I did not come into Court before the Judge—I was waiting to come in—I saw the men again on 27th January.
Re-examined. I took notice of the three men and am quite sure of the prisoners—the safe had not been traced when I was here last Session—the men went into Great Pearl Street with the barrow.
THOMAS WARTALL . I am in partnership with my brother George, at Elisha's Road, Bethnal Green—we sell iron safes—on 3rd January I was in Thomas's beer-shop, in Bethnal Green, he made a communication to me, and next day, January 4th, I was there and saw Lyne come in—he said he had an iron safe to sell, and asked if it was any use to me—I said I would tell him if I saw it, and he took me to Great Pearl Street, where Brown was, and they both showed me the safe, and Brown asked what I would give—I looked at it and said it was no use to me it was so old-fashioned, and the most I would give for it was 15s.—Brown said it was very low but I should have it—I went home, and fetched the safe next day to my place—this cash-box was inside it—I saw it at Great Pearl Street—it had been broken open at that time—the lock was broken off—having got it home, I went to Thomas's public-house, and saw the prisoners, we had a drop of ale together which I paid for, and paid Lyne the money, Brown was there at the time—I do not know the man who brought home the safe; I do not know Donovan—I put another lock on the safe because it was old-fashioned and had no key, but had been treated as the cash-box was—it is 27 inches high and weighs 2 cwt.—I gave 5s. to Thomas, who recommended me.
Cross-examined. I am an iron safe maker—I do not know that Brown said a single word to mo about the safe, but I had conversation with them both.
Re-examined. Brown asked what I would give for it, that is quite right.
JOHN THOMAS . I keep a beer-shop, at 28, Peter Street, Hackney—about the beginning of this month, the prisoners and Thomas Wartall came there, and Lyne asked me to buy a safe—he gave me 5s. next evening.
Cross-examined. About four persons were there—I am quite sure Brown was there.
GEORGE WEBB . In the safe before it was stolen, there were deeds and securities of considerable value, and about 40l. in silver and copper—I found it in Wartall's possession last Friday week—the cash-box has been broken open; the drawers were taken out of the safe—the lock taken off and another substituted.
Cross-examined. I did not know the sweep till he gave me information on Boxing morning, I think, or two or three days afterwards—I gave him 6d.—I have not promised him anything.
Lyne's Defence. I know nothing about the burglary.
BROWN— GUILTY . He was further charged with a previous conviction in September, 1867, for having housebreaking implements in his possession, to which he
PLEADED GUILTY**— Fifteen Years' Penal Servitude.
LYNE— GUILTY **— Seven Years' Penal Servitude.
MR. MOODY conducted the Prosecution.
The evidence was interpreted to the Prisoner.
THOMAS WILLIAM HOPKINS . I am a clerk in the Money Order Office of the General Post Office—this order for Belgium, dated 23rd December, was issued at the London office—we have an account for Belgium, and we make them out to order, and dispatch them—I had an advice the same day—it is payable to Willow.
JOSEPH WILLOW . I am a launderer, of 37, Church Street—the prisoner was stopping at my house—on the eve of Christmas-day my coat was lying on a table, with this post letter (produced) in the pocket—I missed it from my pocket—the prisoner left my house that night, without telling me he was going—he returned eight days afterwards—he is a countryman of mine, who had no work, and I boarded and lodged him, and treated him like a brother—we were all lance on Christmas-eve—he worked very well all the time he was in the house.
WILLIAM ATKINSON . I live at 7, Princes Street, Leicester Square—on Christmas-night the prisoner came to me, and asked me if I would do him a favour by cashing this order—the name of the payee was not on it then, but he wrote the name of Willow on it, and I gave him 1l.—I took it to the post-office next day, and found that it was stopped—I kept it a week, and then somebody brought me 1l., and I returned it to Mr. Willow.
Prisoner. Q. Was it at your instigation that I signed it? A. Yes, I said that I should require a signature—it was, I believe, through your instrumentality that the money was returned to me—I think you had had something to drink, but you were not drunk.
Prisoner's Defence. I have never been convicted before, and I did this while under the influence of drink. I did everything in my power to have the money refunded.
GUILTY.Recommended to mercy by the Jury; but MR. MOODY stated that 35s. were taken from the prosecutor's pocket at the same time — Twelve Months' Imprisonment.
MR. POLAND conducted the Prosecution; and MR. BESLEY the Defence.
WILLIAM WEAVER (City Detective 649). On 9th January I was with Olley in St. Martin's-le-Grand—Burgess spoke to me, and I followed the prisoner down Aldersgate Street into Goswell Road and Sutton Street, where we stopped him, and told him we were police officers, and should like to know what he had in his pocket—he said "I shan't tell you"—I said "We shall detain you, and take you back"—he said "It is part of a sewing machine"—I said "Where did you bring it from?"—he said "Where I work"—I said "Where is that?"—he said "Singer's, in Cheapside"—I said "Let me see it"—he said "No, I had rather go back to the place where I brought it from"—we turned for that purpose, and I said "I do not like to put you to unnecessary inconvenience, but if you like to show us, perhaps we may be satisfied"—he pulled out this, and said "Here they are"—I said "Had you authority to bring them away?"—he said "No, I can't say I had"—I said "What are you going to do with them?"—he said "To take them to use as a pattern to make others from"—I said "I am not satisfied;
I shall have to take you back"—he said "Very well"—we started with him between us—he wrenched away from us, and ran away—he fell down, and Olley apprehended him, and took him to the station, where I charged him with unlawful possession of the articles—when the charge was read over, he said "Well, I stole it; there is no pretence for saying that I did not"—I said nothing to induce him to say that.
Cross-examined. I do not know whether he has an impediment in his speech—I did not say a word before the Lord Mayor about this alleged confession, but I told Mr. Saxby, the attorney for the prosecution, that he said that he stole it—the case was gone into very slightly on the first occasion, only sufficient for a, remand, they did not even wish the name of the firm mentioned in Court—I cannot mention any other fact which I did not mention on the 20th—there is nothing additional in my statement to-day, except this confession—on my oath he did not say "You will conclude that I stole it, but I took it away to take a pattern from it"—I simply told the attorney that he had confessed.
Re examined. I was the only witness examined before the Lord Mayor—I gave my evidence, and there was a remand—I was examined on the second occasion by a professional gentleman.
HENRY WICKHAM (Police Sergeant). On 15th January, I was on duty at the station when the prisoner was brought in—the charge was entered, and when I read it over to him and asked him what he had to answer to it, he said "I stole it."
Cross-examined. I knew that the charge was unlawful possession—I did not alter it into a charge of stealing.
Re-examined. I have no doubt that he used the words "I stole it."
JOHN STEPHEN CHESHIRE WILCOCK . I manage the business of the Singer Company, 147, Cheapside—Isaac Merritt Singer is one of the partners—they have also premises at Glasgow and New York—the prisoner has been in the service since November, at a guinea a week—it was his duty to do work on the premises, but none off—I directed Burgess to watch the premises, and on the 20th January I heard that the prisoner was in custody—this (produced) is one of our sewing machines, it is worth 6l. 10s. when complete—those two pieces consist of a number of parts screwed together—he had no authority to take them off the premises.
Cross-examined. I have never been in America—I was engaged by Mr. Woodruff, who came to this country eight years ago—I saw Mr. Singer about two months ago—he is in London now—I derive the knowledge that he is one of the company from the company's papers—I employed the prisoner—he did work on the premises—I did not approve of his doing work off the premises—it was not allowed.
THOMAS WHITEHEAD . I am foreman to the Singer Sewing Machine Company—the prisoner was a mechanic, working on the premises—if he wanted any portion of a machine he would apply by order to the shop—I went to his bench after he was taken, and found in a box under it a portion of a sewing machine covered over with emery cloth—I produce the corresponding part of the machine, making it complete—it is a new machine.
Cross-examined. He was employed to put the machines right before they went out to the customers, and for repairing—new machines are not taken to pieces before they are sent out, they are adjusted—they are partially taken to pieces to be adjusted—that was the proper place for the box in which the emery cloth is always kept, but it was not a proper place for the
work; that ought to have been on his bench—I never lent him a screw driver to take home with him—I did not know that he was making patterns.
Re-examined. The emery cloth was over the machine—I had to take out a portion of the emery cloth before I found it.
MR. BESLEY called
Cross-examined. I do not deal in sewing machines exactly, I repair them and sell old machines—I have bought portions of sewing machines from the prisoner's mother—I never bought a complete machine of him, and I have only once bought portions—his mother is here, he lives with her—the portions I bought of her were old stock left by a person named Broadbent, as she told me—I heard at the Mansion House last week that the prisoner was once in custody at twelve years of age, and discharged—I cannot tell what the charge was—I know he was twelve years of age when he was living at home.
Re-examined. The first I heard of it was last Saturday, when the Lord Mayor said to the detective "Is there anything known of the prisoner?" and the detective said "Yes, he has been in custody and discharged"—I did not hear twelve years of age mentioned, but it is very difficult to hear at the Mansion House—I bought the pieces on the Thursday before, and I offered to give them all back—I showed them to the detective—they have nothing to do with the Singer manufactory, neither now or old.
RICHARD CLARK . I am a sewing machine maker and machinist, of 98, Central Street—I have known the prisoner six years, from the time he came into my employ, four years ago, when he was 13—he bears a good character, and I have trusted him with property—I never heard till this minute of his having been in custody before.
Cross-examined. I have given him jobs since he left my employment, but I have not seen him for six or seven months, and did not know that he was in Singer and Co.'s employ—he left me a little over three years ago—I used not to sell portions of sewing machines for him—he left me to work for his father.
GUILTY — Eighteen Months' Imprisonment.
OLD COURT.—Wednesday, January 31st, 1872.
Before Mr. Baron Channell.
210. HENRY SALTZMAN (37), was indicted for the wilful murder of John Dickens. Upon the evidence of MR. JOHN ROWLAND GIBSON , surgeon of Newgate, the Jury found the prisoner to be of unsound mind, and unable to plead. He was ordered to be detained until Her Majesty's pleasure be known.
The Grand Jury having in this case ignored the bill, MR. BOTTOMLEY for the Prosecution, offered no evidence upon the Inquisition.
NOT GUILTY .
MR. LATIMER conducted the Prosecution.
EMMA MANNERS . I am the wife of Charles Manners, and live at 195, St. Leonard's Road—the prisoner and deceased lodged there as man and wife—on 27th December, about 8 in the morning, I saw the prisoner after he had spoken to my little girl—he said "Go up stairs to Harriet"—I asked what for—he said "Harriet is bad"—I went up with him, and found the deceased lying in the middle of the bed, partly dressed and unconscious—her mouth was cut, and her eyes black and shut—I saw a cut, on the right eye, I think, and blood was flowing from it—I lifted up her chin, and called her "Harriet! Harriet!" but she made me no answer—she only moved her hand and her mouth—the prisoner said should ho go and fetch three-pennyworth of brandy—I said "Yes," and he went and fetched it—she took it—I fed her with it with a spoon; she swallowed it, but it had no effect upon her—she never spoke at all—I said to the prisoner "Who-ever done this?"—he said he did not know—he then left, and said he was going to his employer at the Isle of Dogs—between 11 and 12 o'clock I sent for a doctor—I stayed with the deceased until the prisoner returned, between 1 and 2 in the afternoon—she seemed just in the same condition, quite unconscious—she moved her hands and mouth, but never spoke—I was not with her when she died—I had seen her last before this on Boxing night (Tuesday), between 8 and 9—I saw her and the prisoner both at the Elder Tree public-house, Poplar—she went out and went home, and the prisoner stopped with me and my husband, and we went to the St. Leonard's Arms—we did not go home till about 11 o'clock, but the prisoner left us about 10, and went home with a pot of half-and-half in a can—that was the last I saw of him that night—when I went into his room the next morning I saw the can on the table—it was the publican's can—Mrs. Hogan took it up when the potman called for it, and I saw blood on it, as if it had been taken hold of with a hand stained with blood—that was about 9 or 10 o'clock—the prisoner had left before that—Mrs. Hogan wiped off the blood—it was about the middle of the can—I let lodgings at this time—besides the prisoner and deceased Mr. and Mrs. Hogan were lodging with me, and two or three men lodgers—the prisoner has lodged with me three or four years—the deceased had been with him about nine mouths, and they occupied that one room—she used to call him Jack—all the lodgers have keys of the outer door—the prisoner's room was the back room, first floor—I slept in the front parlour, not the room under the prisoner—my little girl slept in that room, and a little boy two years old—the two men lodgers slept up stairs in the first floor front, with my sons—I went to bed that night about 11.30—I believe the prisoner and deceased were in their room then—my little girl let them in—they lived and slept in the one room—the two men lodgers were not at home that night, nor my son, they had gone to the play, and did not come home till late—their room and the prisoner's adjoin—only a wainscot separates them—I am certain the two men did come home and sleep there that, night; they came down and had their breakfast the next morning, and I saw that their bed had been slept in—when I lifted up the deceased then I saw a ring round her neck, I mean a crease, a mark like something round her neck—I can't say how that had been caused, it looked as if she had been pulled up by
something, it was a rod mark—I could not form any opinion as to how it had been caused.
ANN HOGAN . I am the wife of Edmund Hogan, and lodge with the last witness—the prisoner and deceased occupied a room on the same floor as ours—there are three rooms on a floor—on Tuesday night, 26th December, boxing-night, I heard the prisoner come home, about 10 o'clock, or it might be a few minutes after—the deceased was not with him—I had not hoard her come up—the prisoner came up stairs, and went into his own room—I heard him open the door, go in and shut it; I did not hear it locked—about four or five minutes afterwards I heard him open the door again, and come out on the landing to fetch a pail, which they kept there—I heard him move it, and I heard the deceased say "Oh, Jack, don't!"—I had heard no noise or anything before that—he went back into the room, and shut the door again—a few minutes afterwards I heard a great noise in the room, as if someone was dancing and jumping about, and it shook my room—I did not hoar anyone speak—my husband came in soon after 10 o'clock, and he began to sing; he had been out, being boxing day, and I remarked to him "Ned, you are singing, and Harriet and Jack are dancing"—I thought they were dancing—it was quiet then for about ten minutes, and my husband and I went to bed, and when I was going to lie down I heard the noise again, as if someone was dancing, and it shook my floor, and as if someone fell up against the partition that parted their room and mine—I suppose that was about 10.30 or 10.40—I heard nothing more that night—next morning Mrs. Manners called me into the prisoner's room, and I saw the deceased lying in the middle of the bed, with the clothes covered up over her—she had on her stays, an apron, petticoat and shift—the stays were laced up—her mouth was split right open down to the chin—her eyes were both black and closed, and there was a great cut on the eyebrow—I believe it was over the right eye—I spoke to her two or three times, but got no answer—there was a red mark all round her neck, as if something bad been tied tight round the neck—there was a black and blue mark round her neck—it could not have been caused by any part of her clothing, or the bed clothes—her face was very much bruised all over—I saw two great places of blood on the floor, and splashes of blood on the table—there was no cloth on the table—I saw two or three splashes of blood on the fire-place—there were no fire-irons—the blood on the floor was dry—it looked as if it had been wiped over with something—I know that they had a pail, which they used to keep on the landing, and I saw that pail in the room in the morning—I had not noticed the pail on the lauding the previous evening—it was a wooden pail, with an iron handle, and I believe three iron hoops round it—on the table I saw a public-house can—it was half full, or perhaps more, of beer—it would hold a quart, not more, I think—it looked like beer—I did not taste it—when the potman came for the can I flung the beer away, and saw a great mark, as if somebody had laid hold of it with a bloody hand—there were three or four finger-marks—the can was not painted or japanned, it was a clean tin can—I saw a broken chair in the room, with spots of blood on it, that was under the bedstead, pushed up against the wall—the back was broken right off, and the bottom was all broken up; it had no covering to it; it was a cane-bottomed chair—the deceased and I wore on friendly terms—we had been out together on the boxing-morning, and had two pints of ale—I was very often in her room—I was in there about 3.30 on boxing-day
—I did not notice the broken chair then—it might have been there—they had three chairs, including that—I did not see the prisoner in the room on the morning of the 25th—I saw him about 8 o'clock, as he was coming back, with three-pennyworth of brandy, that was before I went into the room—as I was going out on an errand I noticed his appearance—I noticed blood on his right hand, round his nails, and under his nails—I looked at his hand, and he put it in his right hand trouser's pocket—he was in the habit of wearing Blucher boots, similar to these (produced)—I saw the prisoner again about 1.30 in the day, when he came back from the Isle of Dogs, and I said to him "Oh, Jack, how did this happen?"—he said "I don't know, Mrs. Hogan, I was tight last night, I was very drunk"—we used to call him Jack—there were two men lodging in the house, but they were not home when this happened—I can hear when they come in—I did not hear them at all that night—I saw them come down stairs next morning—I saw that their bed had been slept in.
Prisoner. Q. Did not you say on the Sunday previous to Christmas-day that you would suffer six months to get me in prison, and I had to push you out of the room? A. No—one day when she had had something to drink, she took 7d. out of my room, but she said she would pay me, and we were good friends after that—she used to take a drop sometimes on a Saturday, when she went out with the prisoner—I could not call her a sober woman—she was quite sober the last time I saw her alive on boxing-day—the prisoner was very kind to her when he was sober—he used to be very sober all the week—on Saturday night he would sometimes take a pint or two, but he was not a drunken man.
PATRICK MADIGAN (Police Inspector). I arrested the prisoner at 195, St. Leonard's Street—I told him what it was for—he said "I will go with you," nothing further—at that time the room door was locked by the Coroner's officer—about 8 o'clock on Thursday the 28th, I went to the room with the divisional surgeon, Mr. Brownfield, and there found the body of the deceased—she had three heavy cuts on her face, one on the right eye, blood was then oozing out of it, one on the right side of the head above the eye, and one on the right side of the face near the chin—she also had a large black mark, a bruise, on the right arm—the room was very much upset—the little furniture that was in it was in a disordered state—there were two broken plates or dishes near the bed, with marks of blood on them, which appeared fresh at that time—I produce some plates that I found underneath the bed—I have not got the broken ones here—I pointed them out to Mrs. Hogan—underneath the bed I found part of a broken chair—it did not appear to have been broken recently—I examined that carefully—there was a large spot of blood near the fire-place, about a yard from the bed—there were spots of blood on the leaf of the table, as if the blood had spurted from the ground upwards—the leaf was down—the blood on the floor appeared as if it had been wiped over with some cloth—I did not find anything that had been used for that purpose, no towel or cloth—there was no wash-hand basin in the room—I then went to the station and charged the prisoner with causing the death of the deceased—I examined his clothes—I found blood stains on the left leg of his trowsers, they appeared fresh then, and as if they had been wiped—these are the trowsers, they are corduroy—I pointed them out to the prisoner, and said "What is this?"—he said "it is beer"—there are also marks of blood where it is
turned up—those marks appeared to be fresh, they were not quite dry—this was on the Thursday evening—they were not dry as they are now, and the stains are not so visible—the prisoner's boots were taken off, and the left one was pointed out to me by a constable—there was a mark of blood upon it—it appeared to be covered with mud round the sole, but there was no mud where the mark was, the blood was above the mud—the marks were redder then than they are now—I had no doubt as to what the marks were—I showed them to Dr. Brown field that same night, about 10.30—he is not here—I also showed them to Dr. Kennedy, who is here—I have had some experience in wounds and blows—they appeared to me to have been produced by kicks—I thought so at the time.
THOMAS NORMAN (Detective Officer K). I went to the house immediately after Madigan—I found him there—I saw the deceased, and noticed the appearance he has deposed to—I examined the room, and saw the marks he has spoken of—I discovered nothing more at the house—I examined the prisoner's boots at the station, and on the left boot (produced) I saw a spot of blood near the toe, on the upper leather—it looked much fresher then than it does now—I examined his shirt, and saw spots of blood on each wristband, and blood on the lower part of the sleeve and the top part of the right sleeve—I pointed them out to the prisoner, and said "Here are spots of blood here, and blood on your boot"—he said "I can't account for it"—I showed the marks first to Dr. Brownfield and afterwards to Dr. Kennedy.
EMMA MANNERS . I am the daughter of Mrs. Manners, and live with her—on the morning of 27th December, about 8 o'clock, I was down stairs in the kitchen, having my breakfast, and saw the prisoner come down from up stairs with a pail of water—he was dirty—he had on the same things that he has now—he had no jacket on, only his trousers, waistcoat, and shirt—he threw the water down the sink—they used to keep the pail up stairs, and used it to wash in—they kept a can full of water in the room, behind the door—he did not take any water up stairs with him—I saw the prisoner and deceased come home on the previous night—the deceased came in at 9.30—my little sister let her in—the prisoner came home at 10—I let him in—he brought a can of beer with him, and he went up stairs to his own room—about four or five minutes afterwards I heard a noise as if they were dancing about—the place was shaking—I thought at the time that they were dancing—they were then quiet for a few minutes, and then they began again, and I heard the deceased say "Oh, Jack, don't!"—I heard nothing else that night—next morning, after the prisoner had emptied the pail and gone up, he came down again—he was then washed and was cleaner—he said "Emma, go and tell your mother I want to speak to her"—I went and told her, and she went up.
COURT. Q. Are you sure that the pail he had that morning was the pail that was kept on the landing? A. Yes—he did not wash himself at the sink—I never knew him empty the pail down the sink before—the deceased used to empty it of a morning—I never saw him use the pail at any other time.
RICHARD KENNEDY . I am a surgeon, of 53, St. Leonard's Road—I was called in to attend the deceased on 27th December, about 1 o'clock—she was lying in bed, quite insensible, partially dressed—she had several slight wounds on the forehead and face, and about the eyes—the eyes were closed,
black, and swollen—the under lip was split open—there was a contusion on the chin, on the right shoulder, elbow, and hip, a wound over the right eye, and also on the right cheek under the eye, another on the left temple—there were marks round the neck as if something had been tight round it—I saw her again about 4 in the afternoon—she was still insensible—she Bunk during the day, and died about 10 o'clock that night—I made a post-mortem examination—on lifting the scalp I found a good deal of extravasated blood on the left side of the head, immediately under the scalp—on opening the head I found the vessels of the brain congested, swollen, and a small clot on the brain—death was caused by the injury to the head and brain—I do not attribute anything to the mark round the neck—that might have been caused by the string of her bonnet—the injuries I saw might have been caused by a heavy fall, or severe blows or kicks—they were not consistent with accident, or with having been self inflicted—some of the wounds might have been caused by a violent kick with such a boot as this, or by a fall on a fender—there was an old fender in the room that was bent, but I saw no marks of blood upon it—I saw nothing in the room which could have caused the injuries—there was very little furniture in the room—I looked at the marks about the room, and on the prisoner's clothes, and in my opinion they were blood—I could not say positively that it was human blood—I did not use a microscope—at the time I first saw the deceased I should say the injuries had been inflicted about ten or twelve hours.
Prisoners Defence. I have got nothing much to say; I was drinking all clay, since 10 o'clock, and did not know anything about the affair; I was drunk; it was boxing-day; it appears that she came to the public-house where I was in the evening part; I don't recollect anything about her coming there or going away; I have a witness to prove what time she went away.
ALFRED TANNER . I have known the prisoner the last four years—he left me at the Elder Tree public-house on boxing-night about 9.20—the deceased came in there about 7.30, deeply intoxicated—she went to the bar—she had four penny pieces in her hand—she called for a pot of half-and-half, and put it down in front of the bar—previous to having it she went with tremendous force against the edge of the counter on her right side—I don't know where she went to when she left, or where the prisoner went—he was very much intoxicated when he left—he took nothing with him when he left.
Cross-examined. I was not quite so sober that night as I am now—I am a pointer, and live at 5, Goodliffe Street, Poplar New Town, about 150 yards from the Elder Tree—of course we had a little recreation on Christmas day, and we went there again on boxing-day by way of a replenisher.
GUILTY — Seven Years, Penal Servitude.
NEW COURT.—Wednesday, January 31st, 1872.
Before Mr. Deputy Recorder.
213. BENJAMIN BURTON (35), JOHN EDWARDS (40), JOHN BAKER (36), DANIEL SHARPE (53), ROBERT NEWCOMB (55), and JOHN DUNSTER (58), were indicted (with John Barber , not in custody,) for stealing, on 7th October, three bales of cotton; on 22nd November, five bales; and on 4th December, four bales; of Henry Storey Middleton and others, the masters of Baker and Sharpe. Other Counts—for receiving.
MESSRS. METCALFE and LEWIS conducted the Prosecution; MR. LILLEY appeared for Burton, MR. RIBTON for Edwards, MR. SEBJEANT PARRY and MR. STRAIGHT for Newcomb, and MR. SERJEANT BALLANTINE and MR. WILLIS for Dunster.
Cross-examined by MR. LILLEY. I have only seen him write these telegrams—he never brought them ready written, he always wrote them at the counter—the last time was 4th December, the first was some time in July.
GEORGE BARNES . I am a cow-keeper, of the Old Kent Road—I know Burton—some time in September, I think it was, he asked me if I could do a little job, I asked him what it was; he said "To remove some cotton pickings or waste from over the water"—I said "I cannot do it unless my pony and cart can do it"—he said "The cart is not large enough"—I took him to William Syers, a greengrocer—I received a number of telegrams, on the receipt of which I went to Syers at the times mentioned—I paid Syers money twice on account of Burton, it was not given to me by Burton it was left at my house (Telegrams from Burton to Barnesread: "September 21. Victoria Dairy, Pomeroy Street, Old Kent Road. Please arrange for 8.20 to-morrow. I will call on you and settle to-morrow night". "September 22. Please arrange for Syers to be here to-morrow at the usual time. I will see you if possible to-night." "September.29. Please arrange with Syers for 8.30 Saturday morning." "October 3. Arrange for Syers to-morrow morning at 8.30." "October 6. Tell Syers he must be here at 12.15 to 12.30 to-day, without fail." "October 6. Tell Syers to be here at 8.30 to-morrow, or leave it alone altogether." "October 13. Arrange for Syers at 8.30 Saturday morning, without fail." "October 5. Arrange for Syers to be here to-morrow at 8.30, without fail" "October 17. Let the same people be in attendance to-morrow at 1.30." "October 23. Tell S. to be here at 1.30 with own van. I will see you this evening." "November 1. Tell S. to be over at 1.30 with van, without fail. I will see you to-night.," "November 14. Arrange for S. to be here himself at 1.30, without fail." "November 22. Tell S. to be here at 1.30, without fail. I will see you this evening" "December 2. Send S. over at 1.30, without fail. Tell him to go for the address I left you" "December 4. Tell S. to-day at 1.30, without fail"). Burton said nothing to me as to where Syers was to go—one telegram says "Tell him to go to the address I left you"—I do not recollect where that was—the second telegram says "here," I do not know where "here" was—(the telegram did not give Burton's address.)
Cross-examined by MR. LILLEY. I have known Burton between five and six years—he has resided within a mile of Hatcham the whole of that time.
WILLIAM SYERS . I am a greengrocer of the Old Kent Road—I know Barnes—he introduced me to Burton some time ago, who told me he wanted some carting done at Wapping, and to go to the Yarmouth Arms at 8.30 in the morning, which is about 100 yards from Middleton's warehouse—I was to see some of his men there—when I went next morning, I waited a few minutes and then saw Edwards, who said "Have you come after some goods?"—I said "Yes"—he said "Come along with me"—he took me up to
Middleton's Wharf, and told me to pack my van—this is five or six months ago—I saw Gough and Edwards—they lifted three bales into my van out of Mr. Middleton's warehouse—I cannot fix the date.
Baker. I am the man. Witness. Yes, it was Baker and Edwards—Baker told me to go to 8 1/2, Hermitage Wharf—I did so and left the bales there, and Burton gave me a note—I did not go into the counting-house to deliver any papers—I went again three weeks or a month afterwards—Edwards then came to me at the Yarmouth Arms—Barnes told me to go there—Edwards took me to Middleton's Wharf, were I saw the same two, and I believe there was mother—I received three bales, which I took to the same place—I went again about two months afterwards—I went four times altogether—the last time I went to the Yarmouth Arms, Sharpe who was waiting near, came to me—I have seen Sharpe, Baker and Edwards at the warehouse—I cannot recollect dates, but about a month before the charge was made, and about a fortnight before the men were taken, I was also at the warehouse, and on one occasion I sent my brother there, that was most likely in December—he is here—I did not go to Newcomb's place at all, but always to Hermitage Street—William Lewis went with me once—that was the last occasion.
Cross-examined by MR. LILLEY. Burton only gave me a paper once—I cannot read or write—I always had a paper given me by somebody else—either by Button or Edwards—Sharpe did not give it me once—I delivered the paper when I got there.
Cross-examined by MR. RIBTON. It was a note—Burton was not there when Edwards gave me the note—Burton was alone on the first occasion.
Re-examined. It was folded up like a note—it was in an envelope, and on the back was the address where I had to take it to—I could not read that, and was obliged to ask—I never went into the counting-house at Middleton's—my name as greengrocer is on the side and front of the van which I took—Burton sometimes paid me, and sometimes Barnes.
Baker. Q. Did you see anybody besides me and Sharpe?" A. Yes, I have seen others.
Sharpe. I gave a help only once. Witness. I think you helped twice.
CHAKLES SYERS . I live at Stockwell Street, Old Kent Road, and am in my brother's employment—he sent me to Wapping with my van, five or six months ago—I got there about 8.30 a.m., and saw Edwards, who asked me if I had come from the Kent Road—I said "Yes"—he told me to come down to the wharf, and load—I went to Cinnamon Street Wharf; that is Messrs. Middleton's, I believe—I got three bales of wool or cotton—Baker and two men not here put them into my van—I do not think either of the others were present—I did not go into the counting-house before taking away the goods, but Edwards gave me a note to go to French Horn Yard, Crutched Friars—I did not sign for the goods—I took them to the French Horn Yard, and saw Dunster there, on the first floor—I told him I had got three bales of wool for him—he said "All right, they will unload you"—I gave him the note—I do not know whether they were wool or cotton—they were unloaded and taken into the warehouse—the next time I went to Cinnamon Street was about two months afterwards, I should think—I saw Sharp, and received three bales, which I took to 8 1/2, Hermitage Street—I went into a little side place, where I saw a lad and a boy—I did not sign; I gave it to the lad—I think that was on the 4th December—it the last time of all—William Lewis was not with me on that occasion
—I went first to the Yarmouth Arms—I saw Sharpe there, who told me to go on and load—Baker and two men, who are not here, loaded the van with four bales, similar to these produced—I did not notice any marks on them—I took them to Newcomb & Dunster's, French Horn Yard—Baker gave me the note—I saw Mr. Dunster, and told him I had got four bales for him—he.said "All right; you must stop till the women come back from dinner"—I waited about half an hour, and then the women came back, and unloaded me—Newcomb and Dunster were both in the counting-house—I gave Dunster the note, and he turned round to Newcomb, and asked if he had got any halfpence, and Newcomb gave me 2d.
Cross-examined by MR. RIBTON. On each of those occasions I received a ticket or note—Edwards gave me the first—Burton is not the man who gave me the ticket—Baker gave it me on the third occasion—I cannot read.
Baker. Q. Did I seem in a hurry? A. No, I had no notion that you had stolen the bales at the time you helped to put them in my van.
Sharpe. You were coming down and I was coming up; I said "Are you coming here?" and you nodded your head. Witness. Yes, and you told me to go down and load.
Sharpe. I did not.
Cross-examined by MR. SERJEANT PARRY. The warehouse in Crutched Friars opens on the yard—I delivered the bales in at one of the doorways, and it was pulled up by a rope—that door looked on to the yard—anyone passing could see what was going on—I took three bales on one occasion and four on another—I was to go at 8.30 a.m. the first time, but I did not get there till 10, because I made a mistake and went to Blackfriars instead of Crutched Friars—I waited five or ten minutes for the cart to be unloaded.
WILLIAM BROWN . I am a carman, of the Old Kent Road—on 7th October, William Syers gave me instructions, and I went with my van to the Yarmouth Arms public-house—I saw Burton there, who told me to go to their warehouse in Cinnamon Street—I turned my van round and waited a few minutes for them to load—I saw Baker and several others who I cannot swear to—I loaded three bales of wool or cotton, and Burton gave me a piece of paper to take to 8 1/2, Hermitage Street—he came to the wharf while I was loading it—I did not go to the counting-house, I took the bales to Hermitage Street, and left them there—on 17th October I went to the wharf again, at 8.30 and saw Burton and Baker, they told me to turn round and wait a minute or two—I turned round and waited two or three minutes, and Baker and several others came and helped me to put five, six, or seven bales into the van. (MR. LILLEY objected to this evidence and it was not proceeded with).
Cross-examined by MR. RIBTON. On 7th October, I was not in the counting-house, I was at the wharf—there are no gates—I gave the delivery note, it had on it, "Please receive three bales"—I do not know whether it was signed "Burton."
WILLIAM LEWIS . On 22nd November I think, I met William Syers in the Old Kent Road, and drove with him to Cinnamon Street—I saw five bales of cotton, similar to this, put into his van—I did not see who loaded them—we then drove to 8 1/2, Hermitage Street—the name over the door was Walmsley and Co., cotton dealers—it is at a blacksmith's shop, the bales were not taken through the blacksmith's shop, but through the entrance—if there is a warehouse there, it is a very small one—I did not see it—I saw Charles Syers go to Middleton's wharf, on 4th December—I saw four bales loaded into his van, just before 2 o'clock—I followed and saw them delivered
at Newcomb and Dunster's, French Horn Yard—Sharpe and Syers assisted in loading—I saw Newcomb on the steps at French Horn Yard—he looked over into the van, apparently counting the bales.
Cross-examined by MR. LILLEY. I remained in the van, at Hermitage Street—on 22nd November I pushed the bales out on to the ground—Syers carried them in, and a blacksmith assisted—I can read—I went there because Syers asked me to go for a ride with him—I had no work at that time—I had been at work as a whitesmith—I did not have a conversation with Webb, the detective, respecting this trial, before I went for the ride—I was with Syers, outside his shop, and he asked me to go for a ride with him, which I did, and have done on other occasions, but not to Wapping.
Cross-examined by MR. RIBTON. I only saw Sharpe at Cinnamon Street.
Sharpe. It is false; you did not see me; it was Baker you saw. Witness. I saw you.
CHARLES DILLMORE . I live at 1, Great Hermitage Street, and am in Mr. Bates' employ—on 4th December I received five bales from Walmsley, and took them to Newcomb and Dunster's, French Horn Yard, where I saw Mr. Dunster, who went up stairs and told the women to stop, and take the bales in—I hid given him a note in a closed envelope—he opened it and read it, and after that the bales were taken into the third floor—I afterwards saw Newcomb, and asked him for a receipt—he gave me one, upon the lower part of a bill-head, and tore the top off—I gave it to my master—this is it: "Received from Walmsley & Co., five bags of cotton, Newcomb & Dunster."—Newcomb wrote that.
MR. SERJEANT PARRY to WILLIAM SYERS. Q. You know Hermitage Street? A. Yes—No. 8 1/2, where Walmsley & Co. are, is a warehouse, on the left side as you go in, and there is a blacksmith's shop behind—there are steps to go up, inside—I unloaded my cart there—the bales were received by persons on the premises, except once, when the place was looked, and I could not unload till some time after.
MR. METCALFE. Q. On that occasion, did you go up to the Yarmouth Arms, and were you sent back again? A. Yes, and Sharpe told me I was to load.
EDWARD STOREY MIDDLETON . I live at Belsize Park Gardens, Hampstead, and am a wharfinger, in partnership with two others, at 8, Bride's Wharf, part of the wharf is in Cinnamon Street—Burton was head-foreman of our establishment, and Edwards was the cotton foreman—Baker was an occasional foreman, and he was frequently employed to make deliveries—Sharpe was an occasional labourer, employed at Burton's discretion—a carman who applies for goods presents the order at the counting-house, and the clerk appointed for the purpose enters the order in a book—Mr. Chapman, or any clerk, would enter it into an order-book, to register it and give it a number, the order would then go from him to the clerk keeping the stock-book, ho would refer to the stock-book to see that the order was properly signed by the person authorised to take the goods, and if he found the order to be correct, he would sign it, stating the time it was presented, and giving full particulars for the identification of the goods, in order that the foreman in the warehouse would know where to find them, or they would go to the chief foreman, Burton—after the delivery took place, the foremen, Burton or Ellis, or a foreman appointed by either of them, would endorse on the back of the order the full particulars of the bales so delivered,
giving the marks, numbers, weights, and all particulars—he would then hand the delivery-order into the counting-house, where a clerk would make out the receiving note to Messrs. So-and-So, "Please receive, &c."—the name of the ship and the port that she came from, giving the full particulars of the marks and the numbers which had been endorsed on the delivery-order, and the number of bales and the weight, on the counterfoil of which he would take the carman's receipt for those goods, and the carman would take the receiving-note and show it to the constable before the van left the premises—Burton, Edwards, and Baker, were aware of the course of business, but I will not say as to Sharpe—no unmarked goods, to my knowledge, are on our premises—the delivery-order would contain the same particulars—bales of cotton consigned to our premises, as a rule, are marked "S. & C. C," in a diamond—they have not the name of the ship, but there are letters on the heads and sides of the bales—one bale here has had the end cut out, and another piece sewn in its place—on this second bale the marks have also been cut out, and these pieces of gunny have been sewn in the places, this was originally marked the same as the others—the mark on the side has been cut out as well, and parts of old gunny bag have been sewn in.
THOMAS WOLSENCROFT (Thames Policeman, 34). I produce six pieces of covering, with marks on them, which I found in the Cinnamon Street warehouse, a few paces from the doorway, on the ground floor, where there were bales—I also found a bale, a bale covered with gunny bags and matting, with both end and side marks cut out, and nothing sewn in, both ends were bare—I also found some plain pieces of bagging.
E. S. MIDDLETON (continued). On these pieces produced here is a diamond, and two portions of two other diamonds—here is another, with part of a diamond and a letter—this other is the end of a bale which has been marked by us with the weight, "2 cwt 3qrs. 5 lbs., No. 71, 1870"—this plain piece corresponds with the "gunny" sewn on to this bale—I have seen the nine bales which come from Newcomb and Dunster, this one with the mark cut out is one of them—the whole nine have the marks obliterated, and have pieces sewn into the sides identical with this one—we have a constable on our premises, in our pay, and we are allowed the special services of a policeman, for whom we pay the Commissioners of Police—our constable goes away at 8.30, and comes back at 9 o'clock, and goes away to dinner at 1.30, and comes back at 2 o'clock—the policeman has the entire range of our premises—our own constable and gate-keeper sees the goods go away—they are not passed through a gate, they go from Cinnamon Street—a bale of cotton is worth between 8l. and 9l.—I have missed bales.
Cross-examined by MR. SERJEANT BALLANTINE. Stock has been taken, and I have had representations made to me—there are 300 lbs. in a bale.
Cross-examined by MR. LILLEY. Burton has not been three years in my employ—we have other wharves on the other side of the river—it is not the rule of our establishment to take stock, we never did so till after this charge was made—I do not recollect any person breaking in and stealing a portion, or of any locks being broken by accident—they are all East India bales, Calcutta shipment, none come from South America—they sometimes become sea damaged—the wrappers are often torn when they arrive, and we have to repair them—I have been in the business ten or eleven years, and have never known bales to come over without any marks—thousands of bales may be sold every week without the marks being published, but the
marks are on them—I never saw a bale without a mark, but I do not attend public sales—it is quite possible for marks to become obliterated in the voyage—I have received many thousands of bales during the last three years, they are continually sent in and out, and stock is never taken—we receive from 2000 to 3000 bales a month—the policeman is supposed to be there all day long—I do not know where he takes his refreshment, he is not under my control.
Cross-examined by MR. RIBTON. Bales frequently come over in a damaged and rotten state—when they are rotten the marks are obliterated—Burton was the head man, the others were obliged to obey his orders in all legitimate transactions—if they were under the impression that the orders were legitimate they were right in obeying—Burton could delegate Edwards or anybody else to act for him.
Re-examined. The nine bales produced, with the marks cut out, are perfectly sound and not damaged by sea-water.
CHARLES CHAPMAN . I am a clerk in the prosecutor's employ—it is my duty to sign orders for all goods delivered out of their premises—I have, got my books here, I have not signed any orders on any of the dates mentioned for the delivery of those goods.
Cross-examined by MR. LILLEY. This is the book kept for deliveries—it is not kept by anyone in particular—three or four clerks make entries in it, they are all in the prosecutor's employ now—there is no order for three bales of cotton on 7th October—none of the entries on that day are in my writing—there is no entry of five bales on the same day—there is no order on 22nd November for five bales—none of the entries on 4th December are in my writing.
Re-examined. Independently of the entries in the book, the orders would all go through my hands—there are no orders for the transactions you have been speaking of—these transactions were not brought to my notice in any way.
THOMAS WAYMAN (Thames Policeman). I have been in possession of Newcomb & Dunster's premises since December 8th, and have searched for invoices relating to the bales of cotton received on 4th December, but have not been able to find them—I produce their day-dook, the last entry in it is 28th November, 1871, and therefore there is no entry of December 4th—I produce a cheque-book with two counterfoils of 4th December, one is "Walmsley and Co., sold four bales of cotton, 30l. 4s. 2d"., and the other "C. Barber, sold four bales of cotton 25l".—I interpolate the word "sold," that is what it means—I also found these twelve invoices from Barber—(produced)—they are written on Newcomb & Dunster's bill-heads.
ROBERT WEBB (Police Inspector P 6). On 5th December, I went to French Horn Yard, and saw Dunster—I asked him if he received four bales of cotton yesterday—he said "No, he knew nothing of them"—I said "I have proof of it"—he said "I will look on the file"—I said "Who did you buy them of"—he said "I cannot tell, to the best of my belief the carman said he should come back again, and I believe my partner, Mr. Newcomb, received them—I asked where his partner was—he said that he would be there about 11 o'clock, or if I would wait—Newcomb came in afterwards, and I asked him if he had received four bales of cotton yesterday—he said "No, I know nothing about any cotton; I just saw the van come, and that is all"—I asked him if he had any entry or any bill for it"—he said "I have not; I cannot tell who brought it, or where it came
from"—I then went up on the next floor, Mr. Dunster and one of his women went up with me, and pointed out four bales which they said were the bales—one of those has been produced to-day, they all had the mark cut out of the head and sides—I also found five other bales in the next room in the same condition—I afterwards saw Sharpe, and told him I should take him in custody for being concerned in stealing four bales of cotton yesterday from Mr. Middleton's wharf; he said that he knew nothing of it—I said "I have a witness who saw you assisting to load, about 2 o'clock yesterday"—he said "I know nothing of it; I cannot help what my foreman did—Mr. Lewis afterwards identified him at the station—on the next Saturday I took Baker, and told him I should take him for being concerned in stealing four bales of cotton from Middleton's wharf on the 4th—he said "All right"—I took him to the station, where Edwards was in custody; I showed them both the four bales of cotton, and Baker said "I know them, I assisted Sharpe to load them; but I only done as I was ordered by my foremen, Edwards and Burton—I asked him if he knew anything about the marks being cut out—he said "Yes, I assisted by the same direction"—Edwards said "I am only under-foreman, I only done as I was ordered by Burton, who was over me."
Cross-examined by MR. LILLY. Burton was not present when these men were speaking.
Cross-examined by MR. SERJEANT BALLANTINE. I have taken means to find Barber, but unsuccessfully—he was a clerk in the city and lived in the Kent Road—I saw a great many other papers on Dunster's premises—I suppose they are there now—I do not know who has possession of the premises—I had charge of the whole—I did not hand them over to anyone, but somebody has taken forcible possession of the premises—I produce all the papers that were considered necessary—they can produce the others themselves, they have got possession of the premises—the other papers are considered of no use, they have been examined.
Cross-examined by MR. SERJEANT PARRY. The nine bales were taken away under my direction, and in my presence, from Newcomb & Dunster's warehouses—Dunster and one of his women pointed out four bales to me, when I went up with them—the other five were in another room on the left—I did not subsequently see the cheque for 25l. but I saw the book in the office.
Re-examined. I looked over the papers I found there, and have produced the invoices and the counterfoil cheque-book—the rest were left at the warehouse, and are in the prisoner's keeping at this moment—I saw no invoices relating to cotton besides those I have produced—the latest invoice I found was 6th September, 1871—I found no delivery orders or notes, nor was I shown any by either of the prisoners.
The following letters from Burton to Barnes were here read; "September 7. Be in attendance at 8 or 8.30 to-morrow, Friday morning, in Crutched Friars" "September 16.—Go to Newcomb and enquire for 3. I shall order dinner for you at 1 o'clock." "December 2. 5 to 2 o'clock. Reply if you will be there in time, you will be down this afternoon." December 4. Some time to-day. Shall expect you at 4.30. Telegraph if you cannot be there in time."
MR. LILLEY to T. WOLSENCROFT. Q. When did you go to the premises in Cinnamon Street? A. On the 6th, 7th, 8th, and 9th December I searched for pieces but found no more than those I have produced—I saw Sergeant Webb there but did not see him find any, nor do I know that
he found some—no one found any more in my presence, and no other pieces were produced to me—I was there four days taking stock of the cotton—I was never in the cotton trade—I heard Innis or some such name, a clerk in the prosecutor's employ examined a the Police Court.
COURT to T. WAYMAN. Q. Are you in possession of the premises? A. Yes, I have had possession of the books until to-day.
MR. LEWIS. Q. Have you been on the premises altogether? A. I have been on them in the day, and have allowed the accountants on the part of the prisoners to work there—Mr. Moss has a representative there, I do not know his name, I have been there myself, and have requested the policeman to keep the key, because he said he could not give possession till this trial was over—I was not allowed to look at any books, only the common day-book—I have not searched for invoices of these transactions, I did not know they were wanted—I do not know Mr. Walmsley.
Baker's Defence. I acted under the order of my foreman, and am entirely innocent of knowing anything about stealing the goods.
MR. METCALFE withdrew the charge against
SHARPE— NOT GUILTY .
Edwards, Newcomb and Dunster received excellent characters.
BURTON GUILTY .—He was further charged with having been convicted in July, 1861, in the name of Donkin, to which he
PLEADED GUILTY— Ten Years' Penal Servitude.
BAKER, EDWARDS, NEWCOMB and DUNSTER Seven Years each in Penal Servitude.
THIRD COURT.—Wednesday, January 31st, 1872.
Before Robert Malcolm Kerr, Esq.
MR. BESLEY conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
The evidence given in this case was of a nature unfit for publication.
GUILTY .— Judgment respited.
OLD COURT.—Thursday, February 1st, 1872.
Before Mr. Baron Channell.
MR. DOUGLAS conducted the Prosecution; and MR. A. B. KELLEY the Defence.
JAMES PAGET . I live at 9, Little Turnstile, Holborn, and am a hair-dresser—on Sunday, 10th December last, about 12 o'clock, the prisoner ran into my shop followed by her husband, who called out "The murderer! the murderer! fetch a policeman"—he had hold of her arm—I said "What is the matter?"—he said "My wife has struck me over the head with a poker"—he had on a waistcoat and a dicky which was all covered with blood, and blood was streaming down from his head—I went out for a policeman, and
found two at the corner of Kingsgate Street, Holborn—I left the prisoner in the shop, when I came back she was gone—next Monday I was sent for by the deceased, and he showed me a poker—I saw him three or four times after the Monday, in fact I shaved him three times between the Monday and his death on Christmas day—I only shaved his chin.
Cross-examined. I left the deceased in the shop with the prisoner when I went for the police—he was standing when I left him—when I came back he was sitting on the shop form—the woman came into the shop first, she did not say a word—the man came in directly after—he has been a customer of mine for twelve months, but I never visited them.
SOPHIA PAGET . I am the wife of the last witness—I saw the prisoner come into the shop, followed by the deceased—he said "The murderer! the murderer! fetch a policeman"—he was bleeding from the head—he said "My wife has struck me over the head with a poker"—he was in his shirt sleeves, and had a white front on, which was saturated with blood, which came from a wound at the side of his head—I felt faint, and went into the back room—my son said "Help my mother into the back room"—and the prisoner did so, and sat down beside me—she said "All this comes from nothing, I may say nothing; me and my husband were out last evening, and in coming home we were rather late, and went into a public-house in Queen Street, and had a glass each to drink; I offered a half sovereign to pay for what we bad had, it was returned to me broken in half"—she took it out of her pocket and showed me the half-sovereign in two parts—I said "It is a good one," and she said "Do you think so, this is what the row has been about; after I came home my husband commenced abusing me, he began again this morning, and called me such filthy names that what I done I was aggravated to"—she got up, and I said "Do you want to go out?"—she said "I should like to fetch my bonnet and jacket"—I said "Go and get them, then"—I did not know Mrs. Rosenstein—I should not have known her if I had met her—I freely let her go—I opened the door for her—I did not see her again till I was before the Magistrate.
Cross-examined. When she came in she looked very pale, not particularly agitated—she was quite calm—the husband was in the shop when I had this conversation with her—my son was with the deceased—he took my place when I began to feel faint—the prisoner and I were alone.
HARRIETT NORTH . I am a widow, and live at 6, Dean Street, Holborn—I am the prisoner's mother—she was married to John Rosenstein—I was sent for on Sunday morning, 10th December, about 11.30, to my daughter's house—I went up stairs into the bed-room, and found her and the deceased struggling together—I got between them, and he struck her—I saw his hand go over my head and strike her—I can't say what with—the blind was down, the room was dark, and my eyesight is not very good—he struck her with some substance, but what it was I can't say—I think it struck her back or shoulder—I could not say, for I was so terrified—she ran out, and he ran after her directly—I saw no blood, he had his hand to his head, and I never saw a spot of blood at all—he had a coloured shirt on—when he struck her, I saw something come over my right shoulder from her—I saw the shadow of whatever it was she had in her hand—she was behind me, so that I could not see what it was—I was between them—the deceased was nearest the window—his face was towards me, but rather on one side—immediately after I saw the shadow over my shoulder, she ran out, and he followed—my daughter was standing right at my back—she was nearest
the door, and ran out—she was nearest the fire-place—the deceased passed me as he ran out after her—I was examined before the Coroner—I saw no blood—I stopped in the room—the deceased had both his hands to his head, one on each side—I thought he called out "Mother, mother!" but it was only momentarily down—he was in the habit of calling me mother—after they ran down stairs I went home—the deceased came there a few hours afterwards, and looked in the cupboard—there were two policemen outside the door, and he came to see if she was there—my daughter came to my house next morning, and she remained there a week, or eight days, and then the deceased sent for her.
Cross-examined. When they were struggling in the room they remained in the same position—I was between them—he struck at her, and the blow went over my head and struck her right shoulder, and then I saw the shadow come back from her side over to his—I don't know what the shadow was caused by—I was in the habit of visiting them—they quarrelled very much—I have seen him take up the gas-pipes to her—I have seen him take up a wooden chair and throw at her, and I begged my daughter to leave him—he used to work with the gas on the floor—he was a tailor—I have seen him unscrew the pipes and run at her, one in each hand—he was a very intemperate man—my daughter was always sober and hard-working.
Re-examined. The deceased was not an industrious man—he earned a good deal of money, but he did not give it to his wife—he spent it—my daughter was always well-conducted.
JOSEPH TIMMS . I lived in the house with Mr. Rosenstein when this affair took place, as errand-boy—on Saturday night, 9th December, they had been to some place of amusement—when they came up stairs the deceased began swearing at the prisoner, and he said "The idea of a woman like you going out and getting drunk, and giving a good half-sovereign for a bad one," and he swore at her—she did not quarrel with him—I was in the workshop, and they were in the bedroom, on the same floor—next morning I was lighting the fire, they were in the bedroom, and I heard him swearing at her—she answered him, but not to blackguard him in any way—they sent me out to get some soap—that was about 11.30—the quarrelling commenced about 11.15, in the morning—I was lighting the fire then, and that was when I first heard him swearing at her—I went out for the soap, and as I came back I saw him coming out of the barber's, with his head bleeding—my mistress was not at home, and I went with my master to Mrs. North's house—I met him coming out of Paget's—he went to his own house, and then to Mrs. North's, in Dean Street—I did not see the prisoner there, and from there we went to King's College Hospital—I saw his head dressed, and I then returned home with him—he went to bed, and he sent me down to fetch Bosman, his foreman—he had about eight men and two or three women working for him—Bosman came about 6 o'clock in the evening, with his mother, and they remained some time with my master—Mrs. Rosenstein came home on the Tuesday week—my master was very ill then, and confined to his bed—she attended to his heads, and dressed it when he returned.
Cross-examined. When they came in on the Saturday night, my master had had a little drop too much—all the quarrelling was on his side—he was abusing and swearing at the prisoner—on the Sunday morning he began the quarrel again, he was speaking and talking loudly—after the wound was dressed, and before his death, I still lived in the house with him—he was
in the habit of drinking—I saw him partake of the best part of a pint of rum on the Sunday night, the same day that it happened—he took it neat—he was drinking after that on the Wednesday night; he drank rum then—I fetched three half-quarterns, and he and a man named Fisher shared it between them; that was neat—he had a fall on the Wednesday—he was sitting on a chair, leaning his head on the table in the workshop—he fell off the chair, he fell sideways, and struck his head against the leg of a side-table—that was about 9 or 9.30 after he had finished the three half-quarterns of rum—the workmen had all gone—Mr. Fisher had gone—I lifted him up and led him to his bedroom—on the Thursday morning we were going down Lincoln's Inn Fields, and he complained of a pain in his head—we were going to the Civil Service—he worked for them—I used to keep his books—he said "I have got a pain in my head this morning" and I said "Yes, you had a fall last night," and he said "Yes, I know, I had been drinking"—coming back from the Civil Service he had some drink, he generally calls at one house—he went into the public-house and I waited outside—when I led him to bed on the Wednesday he was intoxicated; he could not walk—that was from drink—he generally took his meals in the workshop—he had been drinking rum before in the day, before Mr. Fisher came—I fetched it from the Ship—I had fetched two half-quarterns, I think, no one shared that with him, that was in the day time, and he had been out alone before Mr. Fisher came—I went to the hospital with him on the Tuesday—after the Thursday and before his death, he drank port wine and rum—every day he drank something—he took port wine four or five days before his death—Dr. Mumford was there then—I don't know whether he ordered the port wine—he used to drink rum at the same time as he drank the port wine—I had been with Mr. and Mrs. Rosenstein about four or five months—I have seen the deceased drunk a good many times, and when he was drunk he was very quarrelsome—he was always quarrelling with his wife and fighting when he was drunk—he has thrown things at her—the quarrels generally commenced on his side—she was a sober woman, and her conduct was always kind towards him—when she came back during his illness she used to make him everything he wanted, and she dressed his head.
Re-examined. I was examined before the Magistrate and before the Coroner—I mentioned that he drank the greater part of a pint of rum on the Sunday night—I mentioned it at both places, I believe—he paid for one half-pint and Mr. Bosman paid for the other—I remember that I did fetch two half-pints on the Sunday night, and there were three persons present when he sent me—he took the best of the pint—Mr. Bosman drank very little—it was about 7 o'clock—Mr. Bosman was there drinking with him—my master was kind to his wife when he was not intoxicated, but I have seen him use violence to her when he was drunk—I have seen him pull her down by her hair and hold a pair of shears over head, as if he was going to strike her with them.
COURT. Q. When he fell down on the Wednesday night against the table, did you know that he had had a wound on the Sunday? A. Yes, the part of his head where the wound was struck, the table—it was on the right side—it caused the wound to bleed, it opened it—the blood ran down the side of his ear, from the old wound.
went to 6, Little Turnstile, where I saw the prisoner—I was in uniform—I told her I should take her into custody for causing the death of her husband by striking him a blow on the head, on 9th December, and she would have to go with me to the station—she said "It can't be helped; I suppose I must go; but I have plenty of witnesses to prove he fell down since"—Mr. Bosman was there, and as we were leaving the room he said "You had better tell the whole truth"—when we got into the street the prisoner said "I will tell you; we had a quarrel on Saturday night; we had been out to a music hall, and on returning went into a public-house in Great Queen Street, and had two three-pennyworths of port wine; I placed a half-sovereign on the counter, and the landlady took it up and broke it in two"—I saw it afterwards, it was broken in half, but it was good, there was a flaw in it—she said "We quarrelled about it, and he went on at me, and on Sunday morning, when we got up, he commenced again; I was stooping down to light the fire, and he struck me over the shoulders with a poker; I jumped up; I picked up something, I think it was a poker, and I struck him on the head; it bled much; I was frightened, and went away, and did not return till the following Friday"—I took her to the station, where she was charged—Bosman followed to the station, but he could not hear what was said.
COURT. Q. Did you caution her? A. No—I made a minute of this in our book at the station the same night, after I had furnished the charge—I afterwards searched the room, and found this poker—it is a part of the standard of a fender, to hold fire-irons on—the rest has been taken off—this lower part fixes into the fender, but it has been used for a poker—the body had been moved—I found it afterwards in the Jewish cemetery at West Ham—I found a small piece of iron wire besides the poker—I did not bring it because the poker was pointed out to me by Paget, and he said that was what it was done with—the other was a piece of wire about as thick as my little finger—I have not brought it from the station—I can get it—we have an order against cautioning persons—we are supposed not to extort a confession from them, or to caution them.
Cross-examined. I am certain I told the prisoner I arrested her for a crime which had been committed on the 9th, and I am equally sure now that the quarrel took place on the 10th—I was incorrect as regards the day—Bosman said to her, in my presence, "You had better tell everything"—what she stated was after that remark—I was examined on 2nd January before the Coroner, and before the Magistrate two days after—I said then that she said "I struck him with something, I think it was a poker"—I was very careful about my evidence, because I wrote it in our occurrence book directly after I had taken the charge—I am positive I did say so before the Coroner, although I don't see anything about it in the depositions—I went to the house to look for the poker on 2nd January—in consequence of the evidence which was given, I made a further search and found it—I arrested the prisoner on 27th December, and I did not find the poker till 2nd January, after the examination before the Coroner—she had been in custody all that time—the examination had not closed—Timms had been examined—I was aware at that time that Paget had not witnessed the quarrel, and knew nothing about how the wound was inflicted—Paget pointed it out as the poker, but I had other information as well—I found the iron rod at the same time—they were both in the fender—I took that away at the same time, but as it was not required at the Police Court or
by the Coroner, I thought it would not be required here—I saw Mrs. North on one occasion, and asked her if she could give any information about the affair, and I detailed before the Coroner what she stated to me—I am sure the prisoner said "I picked up something, I think it was a poker"—she did not say what it was for certain—she also said that she was very much frightened, and ran away.
Re-examined. I had never seen Bosman before—it was not by my direction or advice that he made the remark which he did—I called on Mrs. North in the course of my inquiries to see whether, I could get any further information.
COURT to JAMES PAGET. Q. Should you know again the poker that the deceased showed to you on Monday? A. Yes, that is the poker (produced).
ZALIG BOSMAN . I am a tailor, and live at 33, New North Street, Red Lion Square—at that time I lived at Grower's Walk, Commercial Road—I worked for the deceased for six months—on Sunday evening, 10th December, I was sent for and went to his house—I found him with his head bandaged up, and I remained with him about three hours—I got there about 6 o'clock, and left between 9 and 10 o'clock—my mother and my intended also went, but I was there before them—I did not see the wound because the bandage was on his head—he seemed the same as usual, and told me how it all happened—he dressed himself and sat by the fire with me—he kept up the conversation during the time I was there—we had two halfpints of rum between us—Timms went for it—the deceased had the best part of it—I saw him again on Monday morning when I went to work—he appeared sober when I left him the night before, but he was sitting down all the time, so I could not tell whether he was the worse for what he had taken—he was in bed on the Monday—I just went in to ask him how he was—he seemed pretty well—he got up and I saw him during the day—I saw him on the Tuesday morning, and regularly every day till he died—he was intoxicated when I left him on the Wednesday evening—I usually left work between 9 and 10 o'clock—I saw him just before Mr. Fisher came, on the Wednesday—he was the worse for drink then, and after Fisher came they had something more to drink—he had a peculiar look on him, a pleasing look when he was intoxicated—his manner was cheerful in general when he was not drunk—I know he took the bandage off on the Tuesday—he went to the hospital on that day, and when he came home he took the whole bandage off, there were five or six yards, and he went out with his hat on and no bandage—I saw there was a wound on his head—I did not see any blood—he came back afterwards with his head strapped up—he took the bandage off because he wanted to go about his business—he said "I can't go like this to the Civil Service"—I was present when Inspector Greenfield came to take the prisoner into custody on 27th December—I told her to speak the whole truth.
COURT. Q. Was he drunk on the Tuesday when he took the bandage off his head? A. No—I believe he took it off about 11 o'clock, after he came from the hospital—he came in in about five minutes, and said "I have been to the barber's and had my head strapped up"—I don't think he had taken anything to drink that morning.
Cross-examined. Timms went out with him that morning to shop—the deceased was very passionate when he was drunk—whenever he had had a drop to drink the first thing he did was to begin quarrelling with his wife.
Re-examined. On one occasion I recollect he dragged her by the hair, and held my large shears over her and had I not snatched them out of his hand I believe he would have cut her head open—he used to throw irons about, but they never struck her—he had hold of the blades of the scizzors and the part where the fingers go in would have struck her—he would throw things at you when he was quarrelling—I have seen him throw 14 and 16 lb. irons at her, but they never hit her.
FRANCIS RICHARDSON CROSS . I am a member of the Royal College of Surgeons and house surgeon at King's College Hospital—John Rosenstein came there about mid-day on Sunday, 10th December, with a severe wound of the scalp, which was bleeding very profusely—I examined it, but could detect no fracture at that time—I probed it—the wound was on the upper part of the head, almost in the middle line, but slightly on the right side—it did not present any severe symptoms of any kind at that time—it was about an inch long—I felt that the wound had penetrated the scalp and reached the skull in one small point—I dressed the wound in the ordinary way—I saw him again on the Tuesday, about 10 o'clock in the morning, at the hospital—I dressed the wound again, and I did not see him after that until the post-mortem—I should think such a wound as that was would be more likely to be caused by an instrument than a fall, but I should not like to give an opinion as to the kind of instrument that inflicted a scalp wound—it seemed to me to have been caused by a blow—I was present at the post-mortem examination, and I identified the same wound which I had dressed on the Sunday—when we removed the covering of the skull, we found the periosteum of the bone bared in one small point—upon scraping away the periosteum, we found a depression about the size and shape of an almond on the skull—on removing the skull cap, we found the inner table of the skull fractured at a point corresponding with the depression on the outer table—the fracture had not penetrated the brain, but one of the sharp points had slightly scratched the membrane between the brain and the skull, causing a slight extravasation of blood there—we removed the membrane and found a large amount of pus over the right hemisphere of the brain running down the middle line between the two halves of the brain—underneath the right hemisphere of the brain between it and the lower brain there was another clot of blood, and there was a small amount of pus on the left hemisphere—there was also a bruise on the right groin and another on the right collar bone, but I could not tell how they had been caused—I should think the bruise on the shoulder was caused by several blows—I don't think one blow would have caused it—the cause of death was undoubtedly the effusion of that matter on the brain which was caused by the irritation of the splinter of bone, which rubbed the membrane outside it—the fracture, such as it was, was in the interior part of the scalp, and the fragment irritated the membrane outside the brain, and so caused the effusion—when I dressed the wound there was nothing which led me to detect that depression or fracture which I found at the post-mortem—there was a depression on the outer part of the bone, the fracture was inside—I think the fracture was produced by a severe blow from some instrument with a projection of some kind—I should think that this rim of the poker would be most likely to have caused the wound—if it had been caused by any other part, I think the fracture would have been different—you would
have a long fracture—I don't think it was caused by the flat part, but either by the knob or the rim—the external wound would have been different—it would have been a wound with two or three angles to it, I think—I have heard about the deceased falling and striking his head against the table leg—that would not produce such a fracture, in my judgment—if it opened the wound so as to cause blood to flow, it would not affect the fracture, only the wound—his chance of recovery from the first was very slight; almost nil, I think—intemperate habits, such as drinking raw rum might have accelerated the effusion of matter, and so accelerate death, but it would not otherwise have affected the fracture.
COURT. Q. Although you did not discover the fracture on the Sunday, it might have existed from the commencement? A. Yes, there was a very slight chance of his recovery from the commencement, and although there might have been imprudence on his part in drinking rum and so on, which would accelerate the effusion, still the effusion was due to the fracture.
Cross-examined. I did not make the post-mortem examination myself—I assisted—Mr. Mills made it, and I made the notes—I said I should not like to give an opinion as to the instrument which caused the scalp wound—the almond-like depression might have been there when I used the probe, and I should not have discovered it—it was not a fracture at all—the roughness could not be felt by the finger or the probe—the periosteum covered the bone, and it was only in one point that bare bone could be reached, and the probe, although touching the bare bone, would run over the periosteum—the almond depression must have been caused by a blow of some kind, and there can be no question that the blow which caused the scalp wound caused the depression—an injury might have caused it subsequently to the time I saw it—it is most improbable, I think, that a fall would cause such a fracture, with such a laceration of the skull—the singular leg of a table would be very much like the rim on the poker, but I don't think a fall against it would cause such a fracture—in the one case the man would be passive and the object active, and in the case of a fall the man would be active and the object passive—the scalp wound would be different in that case—I am against the theory that the fall against the table caused the injury we found at the post-mortem—I admit that that and the use of the rum would accelerate death—I think the fall would accelerate the consequences of the fracture, if it struck the same part, but it would not cause the fracture itself—a man of temperate habits would have a much better chance of recovery than a man who indulged in quantities of raw rum—the wound would be more fatal to an intemperate man than a sober man—I should say the poker was the most likely instrument to have caused both the scalp wound and the fracture—when the man came on the Sunday, from the wound and his general bearing I did not apprehend that his life was at all in danger—I did not see him after the Tuesday—I had told him to come again—I did not discover at the post-mortem examination ny other wound on the head than that which I have described.
SAMUEL MILLS . I am a member of the Royal College of Surgeons and Divisional Surgeon of the E Division of Police—I conducted the post mortem examination, with Mr. Cross—I have heard his evidence, and I agree with what he has said as to the cause of death, and the way in which the fracture was likely to have originated.
Cross-examined. I did not see the man until I saw his dead body.
COURT. Q. Might it happen that, although there had been the most
careful probing of the wound, the injury to the scalp, such as you saw at the post-mortem examination, would not be detected? A. Yes, it is very possible that it existed, but could not be detected—the depressed portion was quite smooth—there was no crack in the bone there—if there had been the probe might have got into it—I have found in my experience that a latent fracture has existed and the external indications have not been produced for some time—the head was opened, and in my judgment I found the cause of death there—the viscera of the body generally were all good.
NOT GUILTY .
NEW COURT.—Thursday, February 1st, 1872.
For the case of WALTER ALFRED WHITRHEAD, tried this day, see SURREY CASES.
Before Robert Malcolm Kerr, Esq.
MR. A. B. KELLEY conducted the Prosecution.
GEORGE BOXALL . I am staff-sergeant of pensioners, of the 2nd City London district—I know the prisoner, and remember his being enrolled in my regiment on 10th March, 1869, into the 1st Indian Army Reserve—he represented himself to be from the Royal Marines—I saw him sign this attestation paper. (This stated that he did not belong to the Marines, Navy, Militia, or any other Force, and that he had not bun already enrolled in any other class of the same Force). From that time he has been receiving payment at my district, till last December.
Prisoner. On Saturday, the 6th, at Greenwich Police Court, you swore that f was James Gibson. Witness. I said no at first, but I contradicted it before I loft the box, and said that you were James Newbound.
JAMES MCGUINNESS . I am staff-sergeant of pensioners, of the Greenwich district—I know the prisoner perfectly well as James Newbound, enrolled in the Deptford district on 13th April, 1869, when he signed this attestation paper (produced), in which he declares that he is not a member of any other reserve—on his signing that, I paid him 1l. 17s. the same day—he received 15s. a quarter—on 20th January, 1870, he received 15s. from me—on 4th April, 1870, I saw 1l. 15s. paid to him and 15s. on 4th July; on 17th October I paid him 2l. 13s. 8d. and he has received money since up to the end of of 1871—he was enrolled as James Newbound—I have been in the habit of seeing him every quarter, and am perfectly acquainted with him—I have no doubt as to his being the man.
Prisoner. Q. Have you brought the books which I have been signing these three years? A. They are at the War Office.
Prisoner. It is said I was in two or throe other districts; I never joined any district, but yet this money is what I am justly entitled to.
SAMUEL WILLIAMS . I am staff-sergeant of pensioners, in the South London district—I know the prisoner as James Newbound—he received pay in that district from 1st April, 1870, to 31st March, 1871—he came to me from the Southampton district—the last time he drew pay from us was in January, 1871.
Prisoner. Q. Is there anything about my appearance which enables you to swear to me? A. I picked you out at the Police Court from three others—I know you from your general appearance, that is the way we know every man who draws money at our place—every one signs a book, which is sent to the War Office.
Prisoner. I never received any money from you, and I never received a farthing in the name of James Newbound, except at Greenwich. Witness. I paid you in the name of James Newbound.
The Prisoner produced a written defence, denying that he had ever received any money except of Greenwich, which he was entitled to.
GUILTY — Eighteen Months' Imprisonment.
MESSRSS. MONTAGU WILLIAMS and ST. AUBYN conducted the Prosecution.
DAVID HUNTER . I am superintendent of the Phoenix Gas Works, Greenwich—on Friday evening, 12th January, between 5 and 6 o'clock, I was paying the men their wages, and a person named Pine came to the window of the counting-house and asked for Blackwell's money, as he was so unwell he could not come—I gave him 30s., and he left—sometime after that Blackwell came for the money, and I found out that I had been cheated—I gave information to the police next day—I have had to pay the money out of my pocket.
JAMES PINE . I was ten years old last birthday—I live at Geeenwich—on 12th January, between 5 and 6 o'clock, I saw the prisoner—he said "Will you go and ask Mr. Hunter to give you my week's wages, I am too ill to go"—he said that his name was Blackwell—I know Mr. Hunter, he paid me, and the prisoner only gave me one penny—he said he would give me another penny when he saw me again—I am quite sure he is the man.
Prisoner. I am not the man. Witness. You are.
ELLEN MITCHELL . I live at 11, Charlotte Street, Greenwich—the prisoner lodged with me—on this evening, about 4.40, I went to the street door to look for him—he generally came in at 5 o'clock—I opened the door, and saw him run across from the Rising Sun, and leave a boy—he came into my house, and seemed very excited—I asked him to have his tea—he said he did not think he could take any, and that a person, I thought it was his wife, was after him—I said "She was after you last night, and you did not seem put about" I had lent him money for four nights previous, and on that night I said "Tom, I have only got 3 1/2 d. change, but I will go next door and get a halfpenny"—he said "Never mind, Mrs. Mitchell, I have sent for an errand, and I don't think I shall need it"—I said "You might have brought him in," and I went out a second time and saw him leave the boy by the Rising Sun—he was to come back on the Saturday and pay me, but I did not see him again for eight days.
JOHN BLACKWELL . I worked at the gasworks, for Mr. Hunter—the prisoner worked at the same place—I did not send him or anyone else for my wages on 12th January—I went for them about 7 o'clock, and found somebody
had been there before me—I never authorised anyone to receive it—Mr. Hunter subsequently paid me.
HENRY GOODWIN (Policeman R). On 22nd January, I took the prisoner at Greenwich, and said "Halloa Williams, how are you getting on?"—he said "My name is not Williams"—I said "They call you Mark Williams"—he said "No"—I said "You work at the gasworks"—he said "I never did in my life"—I said "At any rate you lived at 11, Charlotte Street, with Mr. Mitchell"—he said "No, I never did in my life"—I said "You answer the description of a man who sent a little boy to the gasworks"—he said "I never sent anyone"—I took him to the gasworks and he was identified.
ROBERT ELY . I live at 30, Bennett Street, Greenwich, and am a publican—on 12th January about 7.45, the prisoner came in for a pot of half-and-half, and said that he came there to pay his landlady, Mrs. Kirby, for his board and lodging—I saw him pay her 6s.—I had given him change for a sovereign when he had the beer—he also had a half-crown in his hand—he used bad language and said he could show us how to get money without hard work.
Prisoner. That is all false.
GUILTY — Eight Months' Imprisonment.
Before Mr. Deputy Recorder.
MR. GLENN conducted the Prosecution.
MARY GRACE ULRICH . I am the wife of William Ulrich, and live at Old Charlton—the prisoner has been in our service six months, during that time I missed a large quantity of house linen—in the early part of this month I had occasion to dismiss her for impertinence—I told her as I had lost so much, I must look in her box before she left—she would not allow me to do so—I said I should not allow her box to go until I had looked in it—the said "I must send for a policeman then," which I did, and when he was coming, she said "He could not look into her box without a search warrant" when the policeman came, she opened her box, and in it I found these two towels, a petticoat, brush and comb, a child's dress, some embroidery, a piece of muslin, a child's pinafore, and other things—they are my property—she said that the things had got into her box in moving—she afterwards said she did not know how they got there—we had changed houses some time before, but I had the comb in use about a fortnight before—some duplicates were also found in her box—I went to a pawnbroker's, and there saw a shirt belonging to my brother.
GUILTY.Recommended to mercy by the Prosecutrix. — Two Months' Imprisonment.
221. JOHN PARKER (28) , to breaking and entering the dwelling-house of James Buck, her master, and stealing a cloak and other articles. [Pleaded guilty. See original trial image.]— Six Months' Imprisonment. And
222. JOHN FREDERICK GEILS (23) , to breaking and entering the dwelling-house of Theodore Finks, and stealing three table-cloths and other articles.— [Pleaded guilty. See original trial image.] Twelve Months' Imprisonment.
Before Mr. Deputy Recorder.
MR. PLATT conducted the Prosecution; and Mr. F. H. LEWIS the Defence.
THOMAS COLLINS . I keep the Hand and Flower beer-shop, in Queen's Road, Mortlake—on the night of 14th January, I went to bed about 10.50, the house was safe at that time, as far as I know—I fastened the back-door the last thing—about 1 o'clock, I was awoke by hearing someone in the house—I got out of bed and opened the window and looked out, I saw a man leave the house, he came out of the back door; I did not know that man—I afterwards saw the prisoner come out of my back door with a lighted candle in his hand—that is the place where I keep my beer—the prisoner had been a lodger of mine—I knew him well, and am sure he is the man—he had on the same dress he has now—I called out "Halloa, what's up there," and the prisoner looked up with the lighted candle in his hand and said "If you will come down you will see"—I put on my trousers, and went down, but the men were both gone—I am sure that the fastening of the back window was all right when I went to bed; when I came down it was on one side—a pane of glass was broken opposite the fastening, and a piece of paper had been pasted over it—it was inside there that the beer was kept—it was an eighteen gallon cask; I had tapped it that afternoon, and bunged it down; it was quite full, and in the morning about six gallons was gone—there was only my wife and children in the house—I had closed the house and bolted the door about 11 o'clock.
Cross-examined. It was rather a dark night—the only light I recognised the prisoner by, was the candle he had in his hand, it was a composite candle, not in a candlestick, he held it in his hand—I gave information to the police between 8 and 9 o'clock next morning—I told the policeman the prisoner was the man—I said before the Magistrate that I told the police I had my suspicions of the prisoner; I meant that I knew he was the man—I am certain he is the man—I did not see whether either of the men were carrying anything—I saw no can—they might have come half-a-dozen times for the beer for what I know.
Re-examined. They might have carried a can each—I was awoke by their walking along the passage, the grease was spilled all along the passage.
SIDNEY PERRETT (Policeman V 83). On the morning of 15th January, about 9 o'clock, I went with Mr. Collins to Roehampton Lane, and found the prisoner there at work cleaning out the chapel at the nunnery—I told him I had come to take him into custody for breaking into the prosecutor's house and stealing six pots of beer—he said he was innocent—I said I must take him to the station—he said "Very well," and went quietly.
Cross-examined. The prosecutor told me that he could swear the prisoner was the man.
MR. LEWIS called the following witnesses for the Defence.
PATRICK HEALEY . I am a labourer, living at Mortlake—on the night of 14th January a woman named Currie, au aunt of mine by marriage, lay dead at 1, Clifford's Cottages, Queen's Road—that is about 200 yards from Mr.
Collins's—MR. COLLINS: It is about 80 yards)—a wake was held over the body—there were fifteen or sixteen persons there—the prisoner came in about 9 o'clock—he went out about 10.30 with my wife, to go to Mrs. Hoggart's, The Spur, about 15 yards off—he came back with ray wife in about a quarter of an hour, with a gallon and a half of beer—he remained in the house till between 2 and 3 in the morning—he was then absent not quite ten minutes—he went out at the back for a purpose—during the whole night, from 5.30 in the evening till 5.50 in the morning there was two and a-half gallons of beer drunk—no more than the gallon and a-half which he and my wife brought in came into the house—he ultimately left about 4.40, to convey Mrs. Kinahan and her daughter three-quarters of a mile from the house, and he went to his work at 5.50.
Cross-examined. It is a customary thing to sit up with a dead person during the night, and not leave them by themselves with candles, or they might take fire—we were not drinking pretty well the whole time—what drink we had would not last all the time—I mean to swear candidly and truly that was all the beer that reached the house that night—my wife and the prisoner paid for it—no one else paid for any—every one in the house was sober—about fifteen persons came in, and stayed till 11.40—I am not related to the prisoner—my wife went before the Magistrate. I did not—I did not think it necessary—I went to my work—I thought one was sufficient—there is nobody here from Mrs. Hoggart's that I know of—she served us with the beer.
MARY HEALEY . I am the wife of last witness—I was at the wake—I was living at the house—I saw the prisoner come in that night about 9 o'clock—about 10.30 he went with me to Mr. Hoggart's for a gallon and a half of beer—there was no beer drunk after that—no one brought in any besides that—the prisoner left the room between 2 and 3 for about ten minutes—he left altogether between 4 and 5, with Mrs. Kinahan and her daughter.
Cross-examined. He was in the kitchen all the time—the body was in the parlour, close by—we were drinking in the parlour—there were about fifteen of us—no other beer was drunk but the gallon and a half—not a drop more was brought into the house—the prisoner is a gossip of mine, but no relation.
Re-examined. A gossip means a person who has stood for any child.
THOMAS SLATTERY . I am a labourer—I went to the wake at 8 o'clock in the evening—the prisoner came in about 9—he went out with Mrs. Healey, and came back with her with a gallon and a half of beer—no more beer was brought in after that by him or anybody—I left at 6 in the morning—he left before me.
MART KINAHAN . I recollect the prisoner coming to this wake—I got there between 8 and 9—he came in about 9—he went out about 10.30 with Mrs. Healey, and brought in a gallon and a half of beer—there was not a drop more beer in the house—the prisoner saw me and my girl home in the morning.
The prisoner received a good character.
NOT GUILTY .
MR. BESLEY conducted the Prosecution.
stranger to me—on that day he called at my office, Walworth Road, and applied for a loan—I advance money on bills of sale occasionally—he offered, as security, a bill of sale on his furniture, at Norman Road, Stockwell—the understanding was that it would run over twelve months, but he said that it would only be a short time—I went to see the furniture, and asked him if he owed any rent—he said no, he had only been there a quarter, and the rent was paid up to Michaelmas—an appointment was made on the 23rd for the 25th—I asked him for the receipt for the rent at the settlement, and he produced this document, in Mr. Harris's presence, which I believe to be genuine.
Prisoner. Q. What are you? A. An accountant—you called at my office and asked me if I lent money on bills of sale, and wanted a loan of 30l. or 40l.—I did not lend my own money on this occasion, but it was money at my banker's, and mine while it was in my possession—I asked you to make out an inventory, and when I saw the furniture I made out a bill of sale for 49l. 8s.—the absolute cash which you had was 30l.—a lump sum of 20l. was charged for the twelve months' interest and expenses—I never stamped the bill of sale, because you wished it not to be registered, and said you should take it up before it was due—it was not paid off—I charged 19l. 8s. for 30l.—you certainly did not tell me that the rent was not paid—when I could not get into the house, Mrs. Roach, your next neighbors, looked at the receipt, and said that it was not Mr. Garstin's writing—I had a man and a van outside, but did not clear every thing out—we seized under the bill of sale—I went into the house and asked Mrs. Webb for the 37l. 10s., and as she could not pay it we took the things, because we saw your trial at the Middlesex Sessions, in the newspapers—I have a list of the things I took away—the value of the furniture was 50l. or 60l.—(THE COURT informed, the prisoner that he was injuring himself by his cross-examination)—you first summoned me for uttering a document, calling it a valuable document, with intent to defraud, but the summons was dismissed—I first wrote out the document to receive these goods on 26th December—this document (produced) is signed on the 23rd, but I wrote it on the 26th—it is signed by George Lee, the mortgagee, on the second bill of sale—I went to him on Sunday, the 24th, and told him what I had seen—I dated it the 23rd, and it was signed on Sunday the 24th, but I filled up the body on the 26th—it was signed before it was written—I gave Mr. Doey authority to seize on the morning of the 26th—I saw Mr. Gars tin, as near as I can possibly tell you, on the 28th—Mr. Lee charged 12l. 10s. and I charged it to you for expenses you put me to in the first bill of sale—I did not take proceedings against you at once when I found that the receipt was a forgery, because you took proceedings against me—I swear I paid you 30l. on November 25th—I swore in my deposition that I paid you 19l., that was the money you took away—I retained money to redeem a pianoforte, which was at the Pantechnicon—this is the bill of sale and the inventory (produced)—this is the whole of the bill of sale.
COURT. Q. Did you know, or were you told that the rent was paid? A. I asked him and he told me it was paid, and handed me this document—no reservation of money was made for the quarter's rent, 6l. 5s.
Prisoner. Q. Do you mean to say that I gave you that receipt after the deed was executed? A. Yes, but I had not paid the money—you took it out of your pocket—I did not show it to Mr. Harris, but he was at the
table, and I presume he saw it—Mr. Lee took no part in removing your furniture—I did not swear at the Court that the 50l. was at my banker's—there were two bills of sale and two sets of expenses—I charged for making the deed—I have sized, but not for rent, and somebody else has got the pianoforte.
THE COURT suggested to MR. BESLEY that although there might be an intent to deceieve, there was no evidence of an intent to defraud. MR. BESLEY referred to "Archbold," p 527, and 2 "Dennison's Crown Cases Reserved," and 8 "Carrington and Payne," as showing that this teas a question for the Jury, and the Court allowed the case to proceed.
Witness. I should not have paid the money unless he had produced the receipt—I kept 11l. for the pianoforte, which he said was at the Pantechnicon, and I found that he had substituted another instrument when I went to see it—that was proved in evidence.
Prisoner. Q. Have you got a guarantee from Mr. James? A. I have—there is nothing owing on this deed now—I am not a halfpenny out of pocket at present.
Re-examined. Mrs. Dewsbury, whose money I lent to the prisoner, is my wife's sister—the actual amount the prisoner had, was 19l. on 25th November, and he was to get 11l.—he got the 19l. at Mr. Harris's private office, where it was settled—I gave him the 11l. on the 29th—I would not have parted with either of those sums if I had known the rent had not been paid—I always require the receipt when I lend money on a bill of sale—the charges the prisoner made against me were gone into before Mr. Ellison on six different days—the prisoner was assisted by a solicitor—he swore that he had not had more than 19l., and he had had 30l. from me in hard cash—the claim was for 37l. 10s., that was the whole money involved in that matter—the furniture in the bill of sale was not entirely his own—he described a portion of his property, as being at the Bedford Pantechnicon.
Prisoner. Q. What are you? A. A solicitor's clerk—I looked at the receipt, and saw enough of it to identify it—I am a managing clerk, I have nothing to do with Mr. Follit at all—I am not his partner, but my name is up because I introduce a good deal of business—I am not admitted—I am Chancery and Common Law clerk.
WILLIAM OCTAVIUS GARSTIN . I live at 5, Welbeck Street, Cavendish Square, and am the owner of 4, Norman Terrace, Stockwell—I produce the agreement of 13th July, between me and the prisoner as my tenant—this is not my receipt, nor is it written by authority—I have received no rent at all—I received this letter of 8th November from him, having previously applied for the rent—I also received this letter of 28th December by post, which the prisoner asked me to produce at the Police Court—I cannot say whether it is the same writing as the other—(Read: "4, Norman Terrace, December 28th, 1871. Sir, I have taken out a summons against Mr. Follit for fraud; which will come on to-morrow at 2 o'clock, at Lambeth Police Court. I will call on you to-morrow at 11 a.m., about the receipt which they forged to get the furniture from my house. Yours respectfully, W. A. Whitehead. W. O. Garstin, Esq."
times—I have seen him write, and have writing of his in my possession—to the best of my belief, this receipt is in the prisoner's writing.
Prisoner. I never wrote that receipt.
The following letter was alto put in: "4, Norman Terrace, November 8th. Sir. In answer to your letter of 25th inst., I beg to say I will forward you your rent the end of next week, or will call on you myself. Yours, A. Whitehead—to W. O. Garstin, Esq."
MR. BASLEY here dated that as THE COURT entertained an opinion that there was no evidence of an intention to defraud, he mould withdraw from this indictment and proceed upon another.
NOT GUILTY .
The trial of the other indictment was postponed to the next Sessions.
JAMES GREEN . I am a canal-boatman—about 11 o'clock on Monday night I was going down Whitecross Street—I was not sober, but I was not drunk—I met the prisoner going towards London Bridge—he asked me where I was going, and I told him to Bromley Look—I stood a minute or two, and as I turned away two other men came up—I was knocked down and the prisoner put his hand in my pocket and took out my purse, I snatched hold of his left arm and held him—he said "Let me go"—I said "No, you have robbed me"—he said "You have got your purse all right," and I said "Yes, but it is empty"—I had 19s. in it when I was knocked down, and only a farthing was left in it—I saw a policeman coming, and I got up—I told the policeman the prisoner had robbed me—he was going to walk away, only the policeman called him back—he was not above two steps away I gave him into custody—I was struck on the left temple when I was knocked down, and kicked on the right hip—when I left home in the morning, I had 25s., and I put 19s. in this purse; I had only paid for two pints of old ale, someone else gave me another glass, and I had one at the Crown.
REUBEN BIBB (Policeman M 153). I saw the prosecutor on the ground, and the prisoner bending over him—when the prisoner saw me he got up and walked away—I went up and Green said "He has robbed me"—I called after the prisoner, and he came up, and Green charged him with robbing him of 19s.—I took him to the station, and found 2d. On him—Green was in liquor and was bleeding from the face—I had seen Green and the prisoner about 25 minutes before, talking outside the Crown—the prisoner was dressed as he is now—I did not see anyone else with him—the prisoner said "I have not robbed him, he has got his purse"—he said he was fastening up his trousers for him—the prosecutor's flap was unbuttoned—he was much the worse for liquor—he seemed to know what he was about.
Prisoner. I am innocent of it—I was by myself—I was fastening up his trousers, and he fell and pulled me with him.
NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
MESSRS. POLAND and O'CONNELL conducted the Prosecution.
8 a.m., I went to Blackfriars Road with Inspectors Fox, Brannan, Bryant, and others, we placed ourselves in a position to command a view of certain streets—I commanded a view of George Street, and about 1.30 p.m. saw the prisoner pass the door where I was—I ran out—she saw me and ran, I overtook her, seized her by the arm, and said "Jane what have you got about you?"—she said "Oh you know"—I opened her right hand and found this piece of paper containing a bad half-sovereign—I pushed her into a shop, sent for assistance, and Fox and Bryant came—we opened her basket and found several packets separately wrapped up, with tissue paper between the coins—here are 9 bad half-crowns, 70 florins, and 17 shillings—I said you will have to account for the possession of this, it is counterfeit"—she said "All right Mr. Brannan, I don't want to drag innocent people into this, I will take it all upon myself"—other conversation passed relating to a person not in custody—at the station, some officers mentioned the 2nd floor at Walnut Tree Walk, Lambeth—she said "Yes, I do live there, send, or go there, but don't expose me to my landlady."
Prisoner. I did not run—I never saw you till you had hold of me.
MATTHEW FOX (Police Inspector M). I was with Brannan, watching, and afterwards saw the prisoner in the shop with him—I opened the packages and counted them, and took charge of the prisoner—she said "I am the only person to blame in this case; don't drag Bill into it."
Prisoner. You mentioned the name, and I said "No, he knows nothing at all about it."
Prisoner's Defence. They do not belong to me; I had to take them to a public-house in George Street.
GUILTY — Five Years' Penal Servitude.
227. WILLIAM CHRISTIAN (25), WILLIAM ANDERSON (24), and THOMAS WEBB (23) , Burglariously breaking and entering the dwelling-House of George Henry Cosens, and stealing a sugar-basin and other articles.
MR. BESLEY conducted the Prosecution; MR. HOLLINGS defended Anderson, and MR. MONTAGU WILLIAMS defended Webb.
GEORGE HENRY COSENS . I live at Shamrock Lodge, Clapham Park—I went to bed about 11 or 11.30 on Friday night, 5th January, leaving the house safe—my son-in-law woke me about 5 o'clock in the morning—I went down stairs and found the back door open and the place in confusion—I missed a butter-dish, silver spoons, and other things, which I have seen since—there were some dish-covers moved, but they were plated, and had not been taken away—I should think the property taken away was worth 15l. or 20l.—it has all been recovered.
ANGELINA LOCK . I am servant to Mr. Cosens—I fastened up the place at night about 10.30—the pantry window was fastened—I found it open in the morning, and the wirework in front of the window had been broken away—I had left the plated dish-covers and soup tureen in a box in the kitchen—in the morning I found they had been moved.
HENRY PARSLOW (Detective Officer W). On Saturday morning, 6th January, I was on Brixton Hill, going towards London—I met Christian and Webb at the top of Brixton Hill, close to the milestone, between the Crown and Scepter and the Telegraph—it was about 5.50—Christian asked me the way to London Bridge, and the way to Croydon, and how far it was
—Webb asked me which was the nearest railway station, and I told him Brixton—I told them it was about four miles to London Bridge and about seven to Croydon—I went across the road after they left me, and took off my great coat and cape—I then followed them—I met two constables, Trigg and Godden, and I spoke to them—I saw a carriage going towards Croydon, and I jumped up behind, and just before Streatham Railway Station I met the three prisoners—I had passed them before I got off the carriage, and then I came back and met them—they were all three walking together—Anderson left the other two just before they came to me—he had no hat on—Anderson went across the road, and Christian and Webb walked up to me—I collared Christian by the neck, and Webb ran away—I sung out "Stop thief!" as loud as I could, and the two constables came up—I said "Spring the rattles," and they did so—I said "They have gone down the railway cutting"—they went down the cutting, and I held Christian until the other constable brought back Anderson—I said to Christian "What have you got in your pocket?" he said "Nothing"—I put my hand in his left-hand trousers pocket and took out a knife, and these sugar tongs and spoon out of the other pocket—I said "What have you got in this, pocket?"—he said "You are not going to search me here"—we had a severe struggle—I called out, and the railway-man came to my assistance, and I took this toast-rack out of his pocket—Anderson was brought back, and I identified him as the man who had just left—they were taken to the Brixton Police Station—I afterwards went down the railway-cutting, but I did not find anything there then—I did not know the men before—from enquiries and information I received, I went to Webb's house, 70 1/2, Goulston Street, Whitechapel, on Thursday night last—I saw him and said "I am going to take you for being concerned with two others, committed for trial, in breaking into the dwelling-house of Mr. Cosins, at Clapham Park—he said "That is a bit more you have got up for me"—I took him to Brixton Station and found a piece of paper with the name of Solomons on it, which is Anderson's proper name—I knew him by the name of Solomons, from this photograph—he was convicted in that name—I have no doubt Webb is the man—I gave a description of him.
Christian. Q. How long after I spoke to you first, did you see me again? A. About ten minutes—I did not say "Where is that bundle?" and I did not knock your hat off—you did not say you had been employed to carry the things, but one of the other men.
Cross-examined by MR. HOLLIHGS. I have been a detective about two years—I should not have said anything about the previous conviction if I had not been asked about this paper—I got to the Streatham Station about a minute or two before the men came up—it was dark and rather windy—when they came up I was about fifty or sixty yards from the station, and I saw the three prisoners coming up—Anderson crossed the road, but the other two came close to me—I am sure Anderson was the third man—he was about a dozen yards from me, and he had no hat on—I had never seen him before in my life—he did not come nearer to me than a ten or twelve yards—it was Webb and Christian who came close to me, and I took hold of Christian and called "Stop thief"—that was directly after Anderson crossed the road—I can swear that he was the man that crossed the road—I saw his face—he was taken into the custody down the railway cutting—Anderson and Webb ran down there, one just ahead
of the other—Anderson said that he said someone ran down and he ran after him—he had no hat or cap on.
Cross-examined by MR. WILLIAMS. It was twenty days afterwards that Webb was taken, on Thursday, 25th, at 70 1/2, Goulston Street—he keeps a barber's shop there—the piece of paper I produced is very likely part of a bill—I did not inquire whether Webb was known by the name of Solomans—he sent for a man by the name of Green, who was the landlord—I have seen Green here.
JOHN TRIGG (Policeman W 314). I saw Parslow on Brixton Hill—I had seen the two prisoners, Christian and Webb, they passed me—Parslow spoke to me about five minutes after that, and I followed them—Anderson was on the other side of the road, and the other two were together—I followed them about 900 yards—I saw Parslow riding at the back of the carriage in advance, and then I heard him call out "Stop thief!" I was—twenty or thirty yards away then—he collared Christian, and the other two ran away down the railway cutting—I ran down after them, and I saw Anderson about 150 yards down the cutting—he was walking, and he turned and came back to meet me—he had no hat—he said "One has run by and knocked my hat off"—I turned my light on his face, and said I should take him—I took him back to Parslow, and he said he was one of them—I afterwards received a sugar basin from a railway porter, and he showed me where it was found—it was about twenty yards from where I took Anderson—I don't know what became of the other man—Godden was with me at the time.
Cross-examined by MR. HOLLINGS. I was with Parslow, but we did not keep together—he went on ahead of me when he got on the carriage—I did not see Anderson cross the road—the first time I saw him was when I apprehended him down the cutting, he said "One ran by me and knocked my hat off."
Cross-examined by MR. WILLIAMS. Webb was in custody at the police-station when I saw him—I did not pick him out of a number of persons.
EDWARD GODDEN (Policeman W 83). I was on Brixton Hill on Saturday morning, 6th January—I saw Webb and Christian, and after that Parslow spoke to me—I saw him get behind the carriage, and about ten minutes after I saw Christian in his custody—I heard him call "Stop thief!"—I saw Anderson when he was brought back by Trigg.
Cross-examined. I saw Webb at the Brixton police-station after he was taken—I did not pick him out of a number of others.
GEORGB FRANKLIN (Detective Officer). I went to Mr. Cosen's house on Saturday morning—the wire-work had been pulled from the pantry window, this piece of the beading had been broken off, and the window forced with it—I afterwards went down the railway cutting, and found this piece of wax candle—I found an umbrella in Mr. Cosen's garden, and a hat and butter-dish in the next garden—I tried the hat on Anderson, and it was a very good fit.
Cross-examined by MR. HOLLINGS. I can't say it was his hat, but it fitted him very well—his boots were compared with the footmarks in the garden, and the impressions corresponded.
GEORGE BROGDEN . I am a plate-layer, in the service of the Brighton Railway Company—I found the sugar-basin produced in the cutting, close to the Streatham railway station, about 7.30, on 6th January—I gave it to a constable, and pointed out the spot to him.
Christian's Defence. I was going to Croydon, and met a young man, who said he was going there, too—he had a bag, and he said he would give me 2s. 6d. if I carried it—I did so, and he afterwards told me to take the things out and put them in my pocket, and give him the bag, and I did so—Webb was not the man, he was quite a different built man altogether, the man who gave me the property is not in custody.
Witnesses for Anderson.
MRS. ANDERSON. I am the prisoner's mother—my son never wore a hat, he always wore a black wide-a-wake—there was a witness named Payne here yesterday, and the day before, but I have not seen him here to-day.
LEWIS PRICE . I am a hat and cap manufacturer—I first knew Anderson about Easter, he bought a cap of me then, and about Christmas he bought a sort of billycock, what we call a Tic borne hat—he never bought a hat.
Witnesses for Webb.
GEORGE MOSS . I am Webb's landlord, at the house where he lodged, 95, Bethnal Green Road—I knew he had a shop somewhere in Petticoat Lane—I only know he has been lodging with me, and that he always comes home of a night—I am the last up at night and the first in the morning—he usually went out between 9 and 10 o'clock—he never went out before 6 o'clock in the morning in the month of January—he did not sleep there the Saturday before he was taken, but he was not absent any other night, to my knowledge—I served him with his breakfast—with the exception of that Saturday I have not missed serving him that I am aware of—I can't say whether he had his breakfast there on 6th January or not, because I have so many lodgers.
CHRISTIAN and ANDERSON— GUILTY .
CHRISTIAN*— Seven Years' Penal Servitude.
ANDERSON**— Ten Years' Penal Servitude.
WEBB— NOT GUILTY .
Five Years' Penal Servitude.
ADJOURNED TO MONDAY, FEBRUARY 26TH 1872.