CENTRAL CRIMINAL COURT
THIRD SESSION, HELD JANUARY 13TH, 1873.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND, BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED, BY
EDWARD T. E. BESLEY, ESQ.,
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
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 13th, 1873, and following days,
BEFORE THE RIGHT HON. SIR SYDNEY HEDLEY WATERLOW . KNT., LORD MAYOR of the City of London; The Hon. Sir JOHN MELLOR , Knt., one of the Justices of Her Majesty's Court of Queen's Bench; The Hon. Sir GILLERY PIGOTT , Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir ROBERT WALTER CARDEN , Knt., THOMAS QUESTED FINNIS , Esq., WILLIAM LAWRENCE , Esq., M.P., Sir BENJAMIN SAMUEL PHILLIPS , Knt., ROBERT BESLEY , Esq., WILLIAM JAMES RICHMOND COTTON , Esq., and JOHN WHITAKER ELLIS , Esq., Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., 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.
CENTRAL CRIMINAL COURT.
WATERLOW, MAYOR. THIRD SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, January 13th, 1873.
Before Mr. Deputy Recorder.
102. ANDRE ALBERT (29) [Pleaded guilty:see original trail image] , to unlawfully attempting to obtain 40l. by means of false pretences, from Charles James Northcote and another, with intent to defraud.— Twelve Months' Imprisonment.
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence. ALBERT HITCHINSON. I am an omnibus conductor, living at Walworth—on Tuesday, 24th December, about 11. 25 at night I was at the Oxford Circus with my omnibus—the prisoner got into my omnibus there; he sat down, and as I shut the door he said he was going to get out directly, and gave me a florin; the fare was 2d.—I gave him 1s. 10d. change—I put the florin between my teeth and found it was bad—I said to him "This is a bad one, young fellow, it won't do for me"—he held out a handful of silver and said "Well, you may take what you like"—I refused to do that, and said "You must give me one"—I gave him back the one he had originally given me—he gave me another florin, I bit it, and said "Why, here is another bad one"—he said "You have been and changed them, let me get out, I will see into this"—he wanted to get out, but I would not let him till a constable came, and I gave him in charge with the second florin.
Cross-examined. He had a handful of silver when he got into the omnibus, and he gave me a florin, which turned out to be bad—he then held out a lot of silver, and said "Take what coin you please"—I refused, and then he gave me the other bad florin—when I told him it was bad, he said "You have changed them"—he did not say "I don't believe you"—he had a handful of large money in his hand.
RICHARD WALTON (Policeman C 233). I was called by the last witness and received the prisoner in custody—I told him the charge—he said "I will go with you"—I searched him at the station, and found on him four half-crowns, one florin, six shillings, and ten sixpences in good silver, and 2s. 113l. 4d. in bronze—he gave me up the second florin, saying "Here is the other one"—I also found one other bad florin on him among the good money—he said he was not aware it was bad, that he got the silver in change for a sovereign at some public-house.
Cross-examined. The one he gave up to me was the one he had returned to me by the conductor.
The Prisoner's statement before the Magistrate: "I shall bring forward a witness to prove that she saw me change this sovereign; one of three men changed it for me at a public-house; he gave me four half-crowns and five florins."
Witness for the Defence. MARGARET ANN WILSON. The prisoner is my cousin—on 24th December, about 10. 30 p. m., I met him by appointment at the corner of Euston Road, Hampstead Road—we went into a public-house at the comer of Euston Road—the bar was crowded—he treated me to a glass of port wine, and he partook of a glass of bitter—after that we were going out, and he said to me "I want change of a sovereign"—I said "What for, when you have other silver?"—he said "I have to pay a friend seven shillings that I borrowed of him"—he went back to the bar to try and get change; it was so crowded, he asked two or three times, and could not get it; there were three men at the bar, one a very short fellow, very fair; he offered to oblige him, and he gave him change for the sovereign, he put it in his pocket—he gave me 3l. to take home—I then went home, because I felt rather ill; I had been laid up in the hospital, I had an apoplectic fit—he promised to return to me at 12 o'clock, but he did not, and on the following Monday I received a letter from him, stating that he was locked up.
Cross-examined. He was to come to me at 19, Great Earl Street, Upper St. Martin's Lane, where I am residing—it was about 10. 45 or 11. 15 when he left me, at the corner of Goodge Street, Tottenham Court Road—I was not with him more than a quarter of an hour or twenty minutes—the change he received was not all in large silver, I think it was four half-crowns and five two-shilling pieces, I am not certain.
NOT GUILTY .
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution.
ELLEN WELLS . I am barmaid at the Blue Posts, Great Portland Street—on Saturday, 14th December, at 3. 15 p. m., the prisoner came and asked for 2d. worth of gin and 1d. worth of tobacco, for which he paid with a 2s. piece—I tried it, and found it was bad; I told him so—he said he did not think it was—I gave it to Mr. Shepherd, the landlord, who was in the bar, and he went round to the prisoner, and asked him where he got it from—he said he did not know, it was at some public-house—a policeman was sent for, and he was given in charge.
JOSEPH SHEPHERD . I keep the Blue Posts—on 14th December Wells gave me a florin, I saw it was bad—I went and asked the prisoner where he got it from, and where he lived and worked—I believe he gave a correct
address—he said he was a blacksmith—I looked at his hands, and said they did not look much like a blacksmith's—I gave him in charge with the florin.
WILLIAM WRIGHT (Policeman E 68). I received the prisoner in custody from Mr. Shepherd with the florin, and told the prisoner the charge—he said he had got it in a public-house in Oxford Street in change for a half-crown; in going to the station he said he got it in Great Portland Street—at the station I saw him putting his hand in his left trousers pocket and take out another part of a bad florin, and throw it under the seat where I found it—he had a good half-crown and 1d. on him.
Prisoner. I have a wife and three children dependent upon me. If I was to give evidence against the makers and employers it might be of service.
He also PLEADED GUILTY to having been convicted at this Court in July, 1871, of uttering counterfeit coin.— Judgment respited.
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution.
ANNA BURCHILL . I keep a general shop in Broadway, Westminster—the prisoner was in the habit of dealing with me—he came on 8th December, about 8 o'clock in the evening—he asked for a halfpenny candle, and a halfpenny worth of tea and gave me a sovereign in payment—he said "It is a good one"—I gave him the change and put the sovereign in a little wooden bowl by itself when he left—I kept it by itself till the next morning—I then looked at it and found it was bad—I gave it to the constable at the station in Clinch's presence—I went to the Feathers public-house with Clinch and pointed out the prisoner—I gave the prisoner 19s. 11d. in copper in change for the sovereign—they were all good—he had been a customer about three weeks.
Prisoner. I did not know it was bad.
CHARLES CLINCH (Detective Oficer). I was at the Rochester Row policestation—on 9th December Mrs. Burchill came in and handed a medal to a constable—I received it from him and produce it—I went afterwards with Mrs. Burchill to the Feathers, and she pointed the prisoner to me—she said that was the man who came with the piece of money and bought a half-penny worth of tea and a halfpenny candle—I told the prisoner the charge—he said "It was given to me and I changed it"—I took him to the station—he said a woman had given it to him—I searched him and found 4s. 2d. in good money and another medal, which has been ground down to represent a shilling—I told him it was a bad shilling—he said it was given to him in change by the prosecutrix the night before—he said he and the woman shared the change between them—he was sober.
GUILTY .— Six Months' Imprisonment.
MESSRS. CRAUFURD and DE MICHELE conducted the Prosecution.
MATILDA MITCHELL . I keep a lace shop at 37, Hereford Road, Bays-water—the prisoner came there on 12th December, between 2 and 3 o'clock in the afternoon—she asked for a piece of lace—I sold her a remnant for
2s. 9d., and she gave me a sovereign in payment—I gave her half a sovereign, three florins, and 1s. 3d. change—I did not notice the sovereign at that time—I put it in my purse by itself—she left the shop—between 8 and 9 o'clock I sent my daughter to make a purchase and gave her the same sovereign—she brought it back in three pieces and told me it was a bad one—I Sent in next door to have it tested—she brought it back broken in three pieces—I gave them to the constable the next morning.
MARY LOUISA MITCHELL . I am the daughter of the last witness—on Thursday, 12th December, my mother gave me a sovereign, and I took it to the Princess Royal—I gave it to the barman, George Bridgman, in payment for something—he gave it me back and told me it was bad—I afterwards took it to Mrs. Williams—she put it in a detector and broke it in two pieces, and I broke it again—I took the pieces back to ray mother.
EDWARD BOURNER (Policeman X 32). I went to Mrs. Mitchell's house, and she gave me these three pieces of a coin—she gave me some information and a description of the prisoner, and I recognised the prisoner from that description at the Police Court.
HARRIET KATE HARRIS . I am assistant at the Post Office kept by Mr. Cuff, at Portobello Road, Notting Hill—on 12th December the prisoner came in about 3 o'clock in the day—she asked for 25s. worth of penny postage stamps—she put down a sovereign, two florins, and a shilling—I noticed the sovereign and I told her I thought it was bad—she said she had just taken it in the City—she gave me the stamps back to me to put in paper for her—I took the sovereign over to Mr. Cuff, and he came forward and spoke to her.
JOSEPH CUFF . I keep the Post Office, 156, Portobello Road, Notting Hill—on Thursday, 12th December, the last witness brought a sovereign to me—I found it was bad—I took it to the prisoner, who was in the shop; I told her the sovereign was bad, and I should send for a constable and have her taken to the station for having counterfeit money—she said she was very sorry—a constable was fetched, and I gave her into custody with the sovereign.
ALFRED WILLIAMS (Policeman X 74). I took the prisoner into custody at Mr. Cuff's, and received a counterfeit sovereign from him—I took a purse from the prisoner's hand containing half-sovereign, two florins, and a shilling, all good—I asked her where she got the sovereign, she told me she got change for a 5l. note in the City—I asked her where—she told me a linendraper's, she did not know whether it was in Cheapside, St. Paul's, or Holborn.
HARRIET WOODBRIDGE . I am female searcher at the Notting Hill policestation—on 12th December I searched the prisoner—I found nothing on her—she told me she was an unfortunate girl, and that a gentleman had given her the sovereign—she came to see some sister or friends at Notting Hill, and she was going to send some stamps to her mother.
Prisoner's Defence. I did not know they were bad.
GUILTY .— Nine Months' Imprisonment.
MESSRS. CRAUFURD and DR MICHELE conducted the Prosecution.
JAMES BRANNAN . I am agent to the Mint authorities in these cases—I was in Wilderness Row on Saturday, 21st December, about 5.30 in the evening, with Kenwood—I saw the prisoner standing at a public-house window and look at something in his hand—I stepped across and said "Well Mr. Morgan, what have you got there?"—he said "Nothing"—he suddenly stooped down—I seized him by the collar—he kicked violently at that time—I seized him by the left hand—Kenwood came to my assistance—he kicked at Kenwood also—Kenwood took him by the right hand; he tried to force his hand open, but without success—at that time Inspector Bryant came up—he came in front of the prisoner and commenced searching him—from his pocket he took two packets—a crowd assembled, and we were compelled to push him into the public-house—the packet contained twelve counterfeit florins separately wrapped in paper with paper lapped between them in the usual way—Kenwood gave me a sovereign, and he succeeded in taking another florin from his right hand—I said "Morgan, these are counterfeit, you will have to account for the possession of them"—he made no reply then, but afterwards stated "A man gave them to me to hold"—we took him to the Old Street police-statien, and he refused his address—some good money was found in his possession.
RICHARD KENWOOD (Detective Sergeant G). I was with Brannan on 21st December—I have heard the statement he has made to-day, and it is quite correct—I found the sovereign in the prisoner's waistcoat pocket and the florin in his right hand—he resisted very much—I searched him at the station, and found a half-crown, a florin, two shillings, and 3d. in bronze in good money—he said that a man had given him the money—on the following Monday, the 22nd, I went to his cell, and he then said he could get out of this for he kicked his foot against a packet at the bottom end of Wilderness Row—it was done up in paper, and he was looking at it.
BENJAMIN BRYANT (Inspector G). I was in Goswell Street on this occasion—I saw what took place, and went up to assist the other two witnesses—after we got the prisoner into the public-house I found a brown paper parcel in his left-hand trousers pocket, the packet which has been produced, containing two parcels of counterfeit florins, which I gave to Mr. Brannan—I proceeded to search him further, but he said "You will find no more, you have got all"—he gave the name of William Watson at the station—he refused his address—I made that statement at the Police Court, and he said "I now state my name to be William Morgan and not Watson."
The Prisoner's Statement before the Magistrate. "I am perfectly innocent of the charge as far as any guilty knowledge goes. William Morgan is my name; my registered number is 1, 735, lodging for five or six months at Market Street, Tottenham Court Road."
The prisoner in his defence stated that he kicked his foot against the packet, that he picked it up and was going to look at it when he was seised by Brannan; that he never had anything to do with counterfeit coin in his life.
GUILTY .—He also PLEADED GUILTY to having been before convicted, in March, 1868, of felony.— Five Years' Penal Servitude.
MR. BESLEY conducted the Prosecution.
GUILTY .— Twelve Month' Imprisonment.
MR. HOLLINGS conducted the Prosecution.
CHARLES TALBOT . I live at 24, Windsor Terrace, City Road, and am a tailor—on Saturday, 28th December, I went to rest about 1 o'clock in the morning, leaving the house locked securely up—I secured the lower part of the house myself; the windows were fast and the area door bolted—my attention was called by a lady in the first floor front knocking at my door—I went down stairs, opened the area door, and let the policeman in who was knocking—we went into the back kitchen, and saw the prisoner standing in the middle of the back kitchen with two chemises, a pair of drawers, and a shirt on his body—these are the things—the two chemises were on his body over his shirt—he had no coat on—three panes of glass were broken in the area window, and a Christmas tree had been shifted from the window sill—the hole would enable a person to get his hand in and open the window—it had been secure when I went to bed—the policeman took the prisoner into custody—he said, "What brought you here?"—the prisoner said, "I don't know"—the things were hanging on the horse the night before—I think he was sober—I did not know him.
JOHN ENNIS (Policeman N R 26). On Sunday morning, the 29th, I was on duty in Windsor Terrace—at No. 24, I noticed a Christmas tree standing near the area window, in front of three panes of glass which were broken—I knocked them up—a lodger answered, and the prosecutor came down and let me in—I found the prisoner standing in the back kitchen, and he was given into my custody.
Prisoner. Q. Did you find me asleep? A. No, he was standing up—he had no coat on.
Prisoner's Defence. I got on the spree and I lost myself, as I had just come from Canada. I had too much to drink, and I was lost. I did break the window and put the tree on one side, so as not to break it, and I laid down by the fire, and put the things on to keep myself warm.
GUILTY .— Four Months' Imprisonment.
NEW COURT.—Monday, January 13, 1873.
MR. GLYN conducted the Prosecution.
ALFRED MARCHMONT . I am manager of the Commercial Tap, Penny Fields, Poplar—on 24th December, about 9.30, I was in my bar—the prisoner came in from the back and threw something in a boy's face, who turned round and said, "What did you do that for?"—the prisoner then struck him on the nose—I told the prisoner to go outside—he would not, and I said I would go round and put him out—he said, "If you come round here to put me out I will put a bit of b----y steel into you"—I
did put him oat, and he ran after me outside—I saw him take a knife from his trousers pocket, with which he ran at my breast twice, but it took no effect, as I knocked him down and shoved him away from me—he came into the public-house a third time, and said he wanted to speak to me—I went to the door and said, "Why don't you go away quietly, I do not want to lock you up for what you have attempted to do"—he said, "Good night," and I turned away—he then ran at me, and stack the knife right through my cheek—I ran after him till I fell.
ADOLPH SYLVESTINE . I am a hair-dresser of 20, Penny Fields—on 24th December, about 9.30, I went to the Commercial Tap, and saw the prisoner—the landlord told him to get away—he attempted to strike him, bat the landlord was too quick, and knocked him down; as he fell I saw a knife in his hand—he got up, and the landlord told him to get away, and turned to go in doors, when the prisoner stabbed him with knife on the chin—he dropped the knife and ran away.
HENRY ARTHUR . I am a ship-builder, of 14, Salter Street, Limehouse—on Tuesday night, 24th December, I saw the prisoner run down the cause-way into his house—the prosecutor followed him bleeding from the month—I ran after him, placed a handkerchief on his mouth, and he fell up against the wall and fainted—I ran after the prisoner, and he slammed the door in my face—I took the prosecutor to the hospital.
GEORGE COOPER , M.R.C.S. I was house-surgeon at the hospital—en 24th December, the prosecutor was brought there with a punctured wound entering at the left angle of the mouth, and coming out at the right angle—it was serious, bat not dangerous.
GUILTY .— Eighteen Months Imprisonment.
MR. HARRINGTON conducted ike Prosecution; and MR. ST. AUBYN the Defence.
RICHARD HARRIS . I am a farrier of 14, Smith's Square, Westminster—on 22nd December, a little after 10 a, m., I went to Kensington Place to see Mr. Batchelor, and when I came out of the yard I saw the prisoner there—I said "Good morning"—he said "Good morning"—I knew him before—he said that I had been saying something about his, work, and doing him some harm—I said I had not—he said he was going to knock my brains out, and then he tried to pull my nose, and at last he struck me on the head with his tools, which were in a handkerchief together—I did not know where I was for a few minutes—I bled very much, and went with a friend to the hospital—I had to go there four times—it gave me much pain, and I could not work for week.—I had a hat on.
Cross-examined. The prisoner was standing at his own door, next to Cooper's Yard, where he works—MRS. Cooper was present—all his tools were wrapped up in his apron, and I cannot say which of them struck me, but they all came out at my feet—I did not say before the Magistrate "He up with his hammer and struck me on the head"—"I said he up with his hand" but his hammer was with the other tools—MRS. Cooper heard all that was said—I did not say "I will fetch somebody to take it out of you"—I did not hold up my fists, for I had two turnips in my hands.
GEORGE HAINES FOSBROOK . I am house-physician at Westminster Hospital—on 22nd December, about 12.30, I examined Harris, and found him suffering from a tri-radiate wound on the forehead—it was tolerably severe—it went to the bone—it was done by a blunt instrument—I do not think it could be done with a leather apron—it would require considerable force to make it.
Cross-examined. It might be caused by a farrier's hammer inside a leather apron.
AUSTIN PORTER (Policeman B R 42). Harris came to me in the Horse-ferry Road, with blood running down his cheeks from a wound in his head—he took his hat off to show it to me—I went after the prisoner, and just as I was going up stairs a man shut the door in my face, and immediately afterwards the prisoner lifted up the window with a poker in his hand and said, "You b----, if you attempt to come here I will knock your b----y brains out with this""—I said, "It is not your poker that frightens me"—I tried to get in, but could not—he said, "I shan't come down"—I said, "I don't suppose you will"—I saw Davis standing at the top of the street, and sent for him—I advised the prosecutor to go to the hospital, and went back to where the prisoner was—there was blood near the gateway—he lives over the gateway.
Witnesses for the Defence.
MRS. COOPER. I am the wife of Henry Cooper, a farrier, who is now in Germany on business—I carry on the business in his absence—the prisoner is my foreman, and has been so for a considerable time—he lives next door—I saw Harris come there—the prisoner had a leather apron in his hand, with a small farrier's hammer rolled up in it—Harris wished him good morning, and Gaskin thanked him for the tale he had been telling about his not being a very good workman—Harris said, "I don't know what you mean; you are b----y clever, and I will fetch some one to take it out of you"—Gaskin said, "I am a better man than you, but you know what your son can do and likewise yourself"—Harris held up his hand, and on that, Gaskin took his leather apron from under his arm and swung it and knocked his hat off—I picked the apron up, and saw the hammer inside—I am certain he did not strike him with the hammer, but simply in the way described—it was a thick brown leather apron—he had it under his arm before Harris came up—when Harris went away he said he would make the prisoner pay for it, and that he would give him a bit of paper.
Cross-examined. Harris has lately set up in business in that neighbourhood, but not in opposition to us.
NOT GUILTY .
MR. LYON conducted the Prosecution; and MR. METCALFE defended Smith. HENRY SMITH. I am carman to Robert Groom, of 2, Pell Street, Si George's-in-the-East—on 11th December I was employed to fetch sixteen cases of champagne to Mr. Bosco's, of Crutched Friars—I delivered three cases there and received two other cases, which I put in the van, and drove to the Great Northern Railway Office, in Crutched Friars—they were a heavy lot, about 24 cwt.—I proceeded to take them in separately—I had
to stay in the store a minute or two, as the checking clerk called my atten-tion to the direction and I had to alter it—when I went out again the van was gone—I saw it next, at 1 o'clock in the morning, at Cedar House police-station, with about three dozen champagne cases in it—the horses were very much distressed—one case was put where I had taken another case from, and the whole was covered with a tarpauling. William Hutt (City Policeman 795). On 11th December, I received information, and I went to Paddington and Notting Hill—I returned on an omnibus down Oxford Street about 10. 30 p. m., where I saw the two prisoners with a van—Smith was driving, and Jones was on his left hand—I saw some cases in the van covered with tarpauling—I knew the horses and van quite well; they belonged to Robert Groom—I got off the omnibus, and followed the prisoners up to the Canal Lodge, Harrow Road—they had been flogging the horses so much that they had great difficulty in getting them up the hill—I procured assistance, and took the prisoners to the Harrow Road Station, and charged them with stealing the horse and van—Smith said, "You have made a mistake, it was a tall man with a moustache"—I said, "No, there is no tall man at all"—Smith gave me a false address—I went to three No. 5's, and could not find him—there were thirteen cases in the van—they were identified. Cross-examined. The address Smith gave was 5, Abbey Street, Bethnal Green Road—there was a "lady" in the van, and Smith sat between her and Jones—she was taken into custody, but was afterwards discharged—I took her out of the van—Smith was shoving at the wheel—he said he was only helping the tall man with the moustache—the "lady" said she asked them in the Edgware Road to give her a ride—I knew the prisoners well by sight.
George Perry. I am a licensed carman—I act as carman to Bergo & Co.—I received instructions to remove sixteen cases of champagne from Nicholson's Wharf—I was unable to do it myself, and employed Robert Groom to do it for me.
Chirles Terry. I am an omnibus driver, of Portman Road, Notting Hill, and drive one of the John Bull omnibuses through Oxford Street—I know Hutt by sight—he rode on my omnibus on 11th December—I saw a van with two men and a woman on it, and Hutt got down and went towards it.
George Prior I am the conductor of this omnibus—I have known Hutt three or four years—he rode with us on 11th December, and got down in Oxford Street, where I saw a van with two men and a woman on it. Prisoners' statements before the Magistrate. Jones says: "I was only pushing the van up the hill." Smith says: "I can prove I was at home two hours before the officer met us."
Witnesses for Smith's defence.
Frances Dawkins. I am Smith's mother—I have married again—on this evening he came to my place at a little before 5 o'clock, and did not leave till past 7 o'clock—it was on Wednesday, 11th December—he was stopping with me, and having his tea—he had a room to sleep in at 5, Abbey Street, because I had not room for him. Cross-examined. It is not 5, Abbey Street, it is 4—it is a Yery few minutes' walk from my house—he has lived there fifteen or sixteen months
—he had his meals with me—I always keep him when he is out of employment.
Emma Pearce. I live with Smith's mother at 34, Anglesea Street—he knocked at the door on the 11th, at a little before 5 o'clock, and I let him in—he remained till 7 o'clock—I have apartments there—his mother has, I believe, lived there some time—he bears a good character, as far as I know.
SMITH received a good character.
GUILTY .— Eighteen Months' Imprisonment each.
OLD COURT—Tuesday, January 14th, 1873.
Before Mr. Deputy Recorder.
Messrs. METCALFE and AUSTEN METCALFE conducted the Prosecution.
ANDREW McLEARY (City Policeman 600). About 6 o'clock in the evening of 26th February I saw a cart going away with some corn in it—it was driven by a man named Barker, going away from Trig Wharf, where Rathbone and Webber, and also Messrs. Gold & Co., have premises; they divide the premises between them—I subsequently took Barker into custody, and Aslin, who was the person who had the control of the granary—they were both tried and convicted here—after taking Barker I went to Hyams—I found him in Messrs. Gold's stables; he was doing up the stables—I asked him if there was a man named Barker there—he said "Yes"—I asked him if he had given him any oats this afternoon to take to Messrs. Gold's—he said "No"—I asked was he aware that he took any oats—he said "No"—I told him that Barker was in custody for the unlawful possession of corn, and that Barker had told me he got it from him—he said he knew nothing about it—I never saw him after that—I don't remember saying anything to him about coming to the Mansion House—he did not come to the Mansion House—I was not able to find him afterwards—I went in search of him, but I never saw him again till he was taken into custody recently.
WILLIAM GREEN (City Detective Sergeant), On 28th February I went to Trig Wharf in company with the last witness and Mr. Rathbone—I examined the stables there—I went into the coach—house—there had been a padlock on the door, that had been undone before I got there—we entered and found about eighteen bushels of oats, peas, and tares in sacks, and a quantity of empty sacks, which Mr. Rathbone identified as his property they were marked—the key of the coach-house was not there—the door had been forced open—the stable adjoins Messrs. Rathbone's granary—there is a wooden partition between them in the loft, consisting of single boards—on examining them I found that a board had been sawn through, so that it could be removed and replaced, leaving an aperture big enough for a sack of corn or a man to pass through, and when that board was replaced there was some dirt and dust and cobwebs put over the crease, so as to conceal it—the corn was in Messrs. Rathbone's place, directly on the other side of that board—I had a warrant for the prisoner's apprehension, but I was unable to execute it—I could not find him.
FREDERICK DAVIS . I am nephew of Mr. Gold, one of the firm of Miles, Gold, Dunce, & Co.—Barker was in the employ of that firm for some time, and the prisoner also—he was employed entirely in the static to cut chaff for the horses—he had the control of the coach-house, and kept the key—we always buy our corn of Messrs. Rathbone in bulk of fifty quarters and draw it weekly—we should only draw three quarters per week—it was kept immediately above our stable, next to Messrs. Rathbone's granary—it would not be put in the coach-house—the three quarters were consumed every week—I did not go to the coach-house myself—MR. Dunce did, and broke it open when Hyams absconded—he left suddenly without warning, and has not been there since.
WILLIAM RATHBONE . I am a partner in the firm of. Rathbone, Webber, & Co.—we sell corn to a large extent—our premises adjoin Messrs. Gold's—they are part of the same premises—I knew the prisoner as being in Messrs. Miles, Gold, & Co.'s—a boarding partition separates the granary from the loft—I went and examined the boarding and saw the oats, which I identified as our property—they are totally different to any corn which we supplied to Messrs. Miles—we had never supplied them with anything of that sort, or with tares or peas.
Prisoner. Q. I don't think you were aware of the quantity of corn that ran through your loft into ours from a broken window and over the stable door. Witness. It could not find its way there in that manner—I believe a window was broken at one time, and about five quarters ran out into the street, but not into the loft; that is some years ago, and had nothing to do with this. Thomas Franks (Policeman B 304). On 14th December I went to a shop at 3, Deadman's Lane, Plumstead, and saw the prisoner in the shop serving a female—after he had served her he said "I know what you want"—he took his coat off and asked his wife to give him another one—I told him the charge—he denied knowing anything about it—he said he was not present at the time it was transacted, and at Bow Lane Station he again denied the charge.
Prisoner. Q. When you came into my shop you said "I suppose you know what I want, Mr. Hyams." A. No.
The prisoner in his defence stated that some of the corn found in the coach-house he had saved at intervals from that which was allowed himt in order to make mashes for the horses, and that the other had leaked through from the granary.
GUILTY .— Two Years' Imprisonment.
MR. MOODY conducted the Prosecution; and MR. STRAIGHT the Defence.
JOHN EDMUND PARTRIDGE . I live at 12, Great Windmill Street, Haymarket, and am a waiter—I was married to the prisoner about eleven years ago—I believe it was in April last that we agreed to separate, and I agreed to allow her 15s. a week, and for some time I made her that allowance—latterly I have not been able to continue the full payment, but I have regularly made her some allowance—shortly before Christmas I received a letter from her, and in consequence I went to her apartment at 3, Roehampton Street, Vauxhall Bridge Road, on the morning of the 24th
December, about 9. 20 or 9.30—I saw her, and she asked me where I was going to pass Christmas Day—I said "I did not know"—she asked me whether I would live with her again—I said it was impossible, that I could not submit to the ill-treatment I received—she also asked me to spend Christmas Day with her, and I declined doing so—she then stabbed me repeatedly in the arm—I was sitting on a chair thinking, and she flew at me and struck me—I have got four or five wounds in the shoulder and arm, and there is one nearly into my lung, and if it had gone a quarter of an inch further I should have been a dead man—she did not say anything—I was so terrified I don't know what she did say, but I rushed away from the place—the door was locked, but I got away somehow; I don't know how—my wife had locked the door when I first went in; she was in the habit of locking the door—J got down stairs and I was detained quite half an hour, and I was almost exhausted from loss of blood—I got outside and went to 93, Vauxhall Bridge Road to some relatives of my wife's, and they sent for a doctor—Dr. Cassells came to me about three-quarters of an hour after I was wounded—I saw the instrument my wife used—it was a knife that formerly belonged to me—I had not taken the knife to my wife's apartment that morning—it had been out of my possession six or seven years—there was no struggle or anything of that kind by me to get possession of the knife until she stabbed me—after she had stabbed me I tried to wrest it from her—the wounds were inflicted by her.
Cross-examined. It was about April that I separated from my wife; a deed of separation was drawn up—I was not aware that one of the conditions of that deed was that if she was sent to prison there should be no allowance made to her—I was informed of that afterwards, but I have not seen it—I was a waiter at the time I separated from her—I was employed at a restaurant in Piccadilly—I had been there about twenty-five yeans—I left five or six weeks or a couple of months since—MRS. Federorwas the proprietress—I was supposed to be discharged for drunkenness—I received a letter from Mrs. Federor that I must leave in consequence of my drunkenness, and take the consequences of my conduct, and I did not go back again—I was not twentyfive years with Mrs. Federor—I was four or five years with her—my wife used to come to the corner of Windmill Street, and she annoyed me so very much that I was ashamed to go back to my situation in case of anything happening—it was her own house I went to on the day she committed this assault upon me—that was in the Vauxhall Bridge Road; she had been there about nine months since we separated—I did not take the rooms for her—I had been there before twice, I think—we separated because we could not agree—it was not because my habits were so drunken she could not live with me, far from that—I undertook to pay her 15. a week—I received a letter from her to come to her and I went—she had sent me invitations repeatedly before, but I did not go always—it was always at her request that I went—I had not paid her the 15s. during the last week—I sent her a sovereign on 1st September, and I sent her 5s. one week and 7s. or 8s. another—I have not kept up the 15s.—I was out of a situation—I could have got one last week if it had not been for this—I can't get a situation in a week to suit me—I would not take anything—I did not take up the knife first—I never touched it, and I had not seen it for years—I was sitting down answering her questions and the knife came into me, and I said, "For God's sake, don't murder me"—when I found myself stabbed I tried to get hold of her hand to get the knife away—the landlady did not
come into the room—I saw her at the bottom of the stairs—I did not say to her that it had done it myself—certainly not—the knife dropped—I did not get possession of it—I got away as soon as I could.
THOMAS CASSELLS . I live at 2, Upper Tachbrook Street, Pimlico, and am a doctor of medicine—on Tuesday, 24th December, I saw the prosecutor about 11.15 or 11.20 in the morning—he sent for me—I found him suffering from four incised wounds; one on the front of the shoulder bone, one on the top of the shoulder, one a little lower down, on the upper arm; the last was lower down, considerably outside the arm—the first-mentioned wound was the most dangerous, it struck the shoulder bone—I did not probe it, because I could see the bone; it cut into the bene—the lowest wound was the deepest, the other two were merely superficial—there was a considerable loss of blood—if the first wound had been a little lower down it would have penetrated the lungs—I should say the wounds were inflicted by such an instrument as this knife—from the position of the wounds, I should judge they were not self-inflicted, nor likely to have been received in a struggle to get possession of a knife.
Cross-examined. I saw the prisoner's hand on 27th December—there was a wide open wound on the back of it—I can't say whether that would be caused in a struggle—I don't believe the wounds the man had could have been accidentally caused—the blows must have been given direct—the wound furthest from the front was as far back as you can reach, a little above the tibia, it was a cut in and downwards.
WILLIAM SANDERCOCK (Policeman B 303). On Wednesday afternoon, 24th December, I took the prisoner into custody at her own place about 4 o'clock in the afternoon—I found this knife in the room on the 27th.
Cross-examined. I found it on the clothes box—I was there on the evening of the 24th, and not again till the 27th—I searched the room on the 24th, but I did not find the knife then—I did not search that place on the 24th, because I found a penknife on the table, and I thought that was sufficient, and I did not look any further—the landlady is not here.
JOHN EDMUND PARTRIDGE . Q. by the Prisoner. When you came to me were you drunk or sober 1 A. Sober—I did not say I was a drunkard and a blackguard, and I did not care how soon I—settled myself—my governor left me a legacy of 25l., and does that show that I was a blackguard?
COURT. Q. Was she in the habit of coming to Windmill Street, where you were employed, and annoying yout A. She came repeatedly, and asked me to live with her, which I told her was impossible—it was in consequence of her violence that I separated from her.
The prisoner addressed the Jury on her own behalf (MR. STRAIGHT not disputing the facts). She alleged a series of ill-usage on the part of her husband, and stated that he had wounded himself whilst in a state of drunkenness.
GUILTY of unlawfully wounding. — Twelve Months' Imprisonment.
The prisoner having stated in the hearing of the Jury that he was guilty of unlawfully wounding, they found that verdict.— Five Years' Penal Servitude.
117. GEORGE GARNIER (19), and LOUIS GOUST (41) , Burglari ously breaking and entering the dwelling house of Ellen Alexander, and stealing a muff, a butter knife, 13 spoons, and other articles, her property, to which GOUST PLEADED GUILTY
MR. RIBTON conducted the Prosecution.
The evidence was interpreted to the prisoners by Mr. Charles Albert.
ELLEN ALEXANDER . I live at 15, Hanover Cottages—on the night of 19th December, I went to bed about 12 o'clock, leaving the house all safe—the lower windows were fastened—the servant slept with me—I was disturbed during the night by a little dog that I had—he barked—I heard a noise in the house, and I listened about ten minutes, and heard a creaking on the stairs, and a noise of some one passing their hands along the wall, and I heard whispering outside my bed-room door, and afterwards the door was tried, but it was locked—I heard the next room door opened, and I jumped out of bed and went to the window and gave the alarm—I called police and thieves—a policeman came shortly afterwards—he went round and got over the wall—he came back to the house afterwards—I went down stairs into the sitting-room, and there I found that a cloak and muff which had been on the sefa had been moved on to the chair, and the gas was alight—I found the plate-basket on the table—I saw Gamier after wards—Goust was found in the dog-kennel.
JOHN JACQUES (Policeman L 98). I was on duty, and heard a cry from the window of 15, Hanover Cottages—I went round and got over the wall at the back of the house, and I saw the two prisoners get off the party wall from 15 into the garden of 16—I seized them both—Gamier I held, but Goust got away for a time—they had got on the green-house at the back of No. 15, opened the window, and got in that way—the glass of the green-house was broken—I took Gamier to the station—he said "Me no speak English"—I went back to the house and found Goust in the dog-kennel—the window could be reached from the green-house—I got in the same way—the cupboard door was open in the breakfast-parlour, and this basket was on the table—I found this muff and waterproof cloak on the chair, and some matches on the table, and some on Gamier which corresponded—they both had their boots off—I found a skeleton key in Garnier's trousers pocket, and this knuckle-duster—he struck at me with it—I found Goust afterwards in the dog-kennel.
HARRIETT HOWE . I am servant to Miss Alexander—I went to bed about the same time—I had washed up the spoons and other things, put them in the basket in the cupboard in the breakfast parlour—I shut the cupboard door—I came down sometime after the policeman had been—Gamier had called at the house in the early part of the evening, between six and seven—I saw him—he asked for Madame Pauline—I believe the person in the house before was Madame Pauline—I told him she did live there—he spoke in English—he stood some minutes in the passage, and then he walked very fast away and gave no answer.
Garnier's statement before the Magistrate.—"I did not go to the house at all for the purpose of robbery. I went there at 7 o'clock to see Madame Pauline, whom I had known for some time, and she told me she was not there, and, fearing she had given orders not to admit me, I wanted to be assured of that fact, and at night time I entered the house alone. I shall give more particulars on the trial."
Garnier in his defend stated that he made the acquaintance of Goust ai a public-house, that they met a man named Jules, who persuaded them to get into the house; that they did not break in, but merely opened the window. He was going up the stairs, having lighted the gas, heard somebody cry out, and ran away as fast as he could, and fell right into the hands of the policeman. That there was no robbery committed, although it was true the intention was there; but that there was a vast difference between an intention to do a thing and a thing which had been done.
GUILTY — Eighteen Months' Imprisonment.
GOUST— Eighteen Months' Imprisonment.
NEW COURT.—Tuesday, January 11th, 1873.
119. FRANK DIXON (20) [Pleaded guilty: see original trial image] , to two indictments for feloniously forging and uttering orders for the payment of 10l. and 5l., with intent to defraud, having been convicted of felony in October, 1871.— Twelve Months' Imprisonment.
120. EDWARD HOPKINS (20) [Pleaded guilty: see original trial image] , to burglariously breaking and entering the dwelling-house of Gabriel Catalan, with intent to steal.— Twelve Months' Imprisonment ,
121. GEORGE SMITH (23) [Pleaded guilty: see original trial image] , to burglariously breaking and entering the dwelling-house of George Russell, and stealing therein one candlestick, his property.— Twelve Months' Imprisonment.
123. GEORGE THOMPSON (16), and JOSEPH BIGNELL (15) [Pleaded guilty: see original trial image], to stealing fifty-six yards of silk, the goods of Francis Cook and others.— THOMPSON*— Fourteen Days' Imprisonment, and Five Years in a Reformatory.
BIGNELL— Judgment respited.
MR. POLAND conducted the Prosecution; and MR. BESLEY the Defence.
JOHN WILLIAM WHBATLEY . I keep a fancy goods repository at 8, Aldgate—I buy things of Mr. Abrahams, and have an account with him—on 23rd October I owed him 11l. 0s. 3d.—this account (produced) was sent in to me, and I paid it to the prisoner on the 23rd or 25th in cast—he signed this receipt at my shop.
RAYMOND BEAZLEY . I am a hosier, of 285, Oxford Street, and deal with Mr. Abrahams—in November I owed him 14l. 1s. 0d., and this account (produced) was sent in to me—I paid it to the prisoner on 18th November—he signed this receipt—on 14th December I owed Mr. Abrahams 2l. 12s. 6d., which I paid to the prisoner on that day at my shop, and he signed this receipt (produced).
Cross-examined. I had a month's credit, so that my payments were once a month—I also paid the prisoner 6l. 6s. 9d. on 10th Ootober at my shop—this (produced) is his receipt.
JOHN HENRY GODDARD . I am ledger-keeper to Hyman Abraham Abrahams, of 97, Houndsditch, fancy goods importer—the prisoner was his clerk and collector twelve months—it was his duty to colleot money, and to account to me or Mr. Blyth, the cashier, who would make an entry in the cash-book—I made out this invoice for 11l. 0s. 3d.—it would be sent by post—the receipt is signed by the prisoner—he never accounted to me for the amount,
and I was not aware that it had been paid—this invoice of 18th November for 14l. 1s. 0d. is in my writing, and the receipt to it is in the prisoner's writing—there is no account or receipt of it in the books—this invoice of 14th December for 2l. 12s. 6d. is the prisoner's writing, and the receipt is signed by him—he did not account to me for that—I made out this invoice of 10th October for 6l. 6s. 9d. it is receipted by the prisoner—that was not accounted for to me.
Cross-examined. The prisoner has been there about twelve monthsthere was, I believe, no written engagement—I had nothing to do with engaging him—MR. Abrahams is not here-a person named Perry was in the employment for about four months—he has absconded, and I have discovered that he has been guilty of embezzlement, but to what amount I do not know—I believe it is not the fact that Perry ought to have collected this 6l. 6s. 9d—I keep a book in which I write down the amounts they are to collect, but I do not put their names against them—I can not tell you by memory or by book whether Perry had directions to collect the 6l. 6s. 9d.—I do not know that May used often to collect for Perry—I did say that towards the end of the time May should stay on the premises and Perry should do more of the collecting—I do not know that May entrusted Perry to collect the moneys—I do not know that it is the fact that Perry did pay over the 6l. 6s. 9d.
Re-examined. Perry was junior clerk and collector—his age is about 20—it was no part of the prisoner's duty to account to him.
ALFRED WILLIAM BLYTH . I am cashier to Mr. Abrahams—the prisoner's duty was to account to me or to the ledger-keeper—neither of these three sums were accounted for to me by the prisoner—a sum of 6l. 11s. 6d. was accounted for by the prisoner on 18th November, that would be the extra amount with the discount; but he did not account to me on that 18th November for the 14l. 1s.—this invoice for 2l. 12s. 6d. is in the prisoner's writing.
Cross-examined. I do not remember whether Perry accounted to me for money on 18th November—there is nothing in this book to show the jury that the amount was paid in by May and not by Perry—I have nothing to show the Jury of Perry's payments on 18th November—I receive a good many accounts in a day—I am positive it was May who paid the 6l. 11s. 6d., and not Perry—I cannot tell you any sum that Perry paid in on 18th November or 14th December—I recollect the 6l. 11s. 6d. because May paid in several other amounts at the same time—I have not got the list to show which was May's and which was Perry's collection, but there is such a list.
COURT. Q. Did you, or the ledger-keeper, or anybody employed by you give them a list of the sums they were to collect? A. Yes, they were put in this book (produced), but sometimes May was sent and sometimes Perry—we put in a book all the sums they are to collect, and send sometimes one and sometimes the other—I only know by memory which sums were paid by May and which by Perry—no trace is necessary of who collects the amounts—the only trace we have is that May signed the receipt for the money—supposing I directed Perry to collect it it is possible that he might ask May to do it, or vice versa—I never sent Perry, but I received the money—one person sent them to collect and another person received the money they collected.
CHARLES WILLIAM JONES (City Policeman 879). On 31st December I took the prisoner at 9, Bay Street, Dalston—I told him it was for embezzling several sums of money from his master, Mr. Abrahams—he said, "I expected it"—he afterwards said he thought it was a case of Perry's, and not his.
Cross-examined. He did not explain to me that in a certain district Perry used to ask him to collect the moneys or that he had paid them over to Perry in order that Mr. Goddard might not know he had collected them.
NOT GUILTY .
MR. POLAND conducted the Prosecution; and MR. BESLEY the Defence. CHARLES WILLIAM JONES (City Policeman 879). I took the prisoner, and next day went to his house and found a pair of dark trousers, about the size that would fit an ordinary man, hanging-in a cupboard in a bed room—I found in the pockets these documents, a cheque on the City Bank for 6l. 2s. 3d., a draft for 28l. 4s., and a letter addressed to Mr. Forrester in an envelope addressed to Mr. Forrester, which was torn as it is now—I found in the bedroom four pencilcases, seven pocket-knives, an opera-glass, a portrait frame, a little card case, and a small pincushion—it is a private house—I believe a gentleman occupied one room down stairs.
Cross-examined. I was looking after Perry; I have a warrant against him—I began to look after him on the 1st January—the prisoner's mother is not here that I am aware of.
ALFRED WILLIAM BLYTH . Mr. Abrahams did business with Mr. Forres ter, of Birmingham—I wrote this letter to Mr. Forrester on 13th December, and enclosed in it this cheque and bank draft—I fastened it and directed the envelope, and put it in the letter box—it was then either the prisoner's or Perry's duty to post it that night—these pencilcases, pocket-knives, opera glass, and photograph frames are similar to what Mr. Abrahams sells.
Cross-examined. I cannot say that they have not been sold—I do not know that Perry has paid for goods—we have no rule to prevent our clerks and collectors buying goods, but the goods bought by servants are entered in a book.
C. W. JONES (re-examined). I took the prisoner at his own door, and he said he lived there.
GUILTY .— Eighteen Months' Imprisonment.
MR. LANGFORD conducted the Prosecution; and MR. W. SLEIGH the Defence.
JAMES THOMPSON . I am housekeeper at St. Michael's House, Cornhill—on 23rd December, about I o'clock, I was standing in Bull's Head Passage, Leadenhall Street, talking to Mr. Wickmott, and saw Mr. Barclay and the prisoner close together—the prisoner knocked Barclay down, and before he could fairly get up I heard the prisoner say, "Let me go," and he knocked Barclay down again—he got up and followed the prisoner, saying, "You stole my goose," and the prisoner knocked him down again by a blow in the eye—I stepped between them to prevent a further assault, followed the prisoner, hailed a policeman, and the prosecutor gave him in custody.
Cross-examined. He had not got a goose when I first saw him—I do not know where it was then—he was quite sober—I did not hear him say to K 2
the prosecutor "You must be larking"—I do not believe Barclay hit him, nor did I see him twist his legs round the prisoner's.
JOSEPH WIDDERINGTON . I live at 54, Baker Street—on 23rd December, about 1 o'clock, I was in Leadenhall Market, and saw the prisoner with a goose in a basket—he said he was only having a lark, and was going to take the goose back again—MR. Barclay said he would give him in custody—the prisoner asked him to take it back again, and, because he would not, the prisoner knocked him down by a blow on the mouth—he knocked him down three times—I did not see Barclay strike the prisoner.
Crass-examined. The first assault was just inside the shop-door, and he knocked him into the passage—Barclay said that he would take him in custody, and tried to take hold of him, and the prisoner knocked him down—I did not see Barclay with his legs twisted round the prisoner's legs—I could not see because there was a crowd—the prisoner was not struck first.
ROBERT ELLIOTT BARCLAY . I am a poulterer of Leadenhall Market—on 23rd December I was standing at my door with my daughter selling poultry, and saw the prisoner looking about, and at last he snatched a goose from the end of my shop—I went after him, and he crouched down in Mr. Farmer's shop, and was in the act of putting my goose into a mat-basket—I followed him and said, "What are you doing with my goose which you took from the front of my shop?"—he said "All right, don't take any notice, I was going to bring it back; take your goose back"—I said "Not until I give you and the goose in custody"—he said "Let me go, there's a good fellow"—when he found I was determined not to let him go, he threw the goose away, and gave me a violent blow in my jaw, which loosened five of my teeth, and knocked me down—I was getting up, and he knocked me down again by a blow on my nose, and I have not been able to smell since—I got up again, and he knocked me down a third time by a blow on my eye, and tried to kick my ribs, but he kicked my elbow, and I had to carry my arm in a sling for more than a week—he was then given in custody—it is important in my trade that my nose should be perfect—my mouth bled very much, and I was advised to have leeches on my eye.
Cross-examined. I said at the Police Court that I was kicked—I may have said "My arm was bruised and bleeding from the falls," but I do not remember it.
GUILTY .— Twelve Months' Imprisonmen,.
MR. LANGFORD conducted the Prosecution; and MR. WM. SLEIGH the Defence.
GUILTY .— Twelve Months' Imprisonment, to commence at the expira tion of the former sentence.
MR. MILLWOOD conducted the Prosecution.
GEORGE BOWKER . I am a fireman, and live at 8, Mellish Square, Mill wall—the prisoner slept in the same room as me—on 11th December I was awakened by loud voices in the room below, and heard the landlord say "I know that man is a thief"—I got up, and a policeman came into my room, and threw his light round, and I missed my things from a dresser at the
side of the room, and my waistcoat was on the floor—my socks were found on the prisoner's feet—this waistcoat and trousers are mine.
PRISONER. I believe he is speaking the truth.
JOHN SPINK (Policeman K 338). Early on the morning of 11th December I was on duty in Mellish Street, and saw the prisoner with something loose on his arm—I called after him, and he stopped and looked round—I asked him where he was going; he said that he was shifting his lodgings, as his landlady just round the corner has given him notice to leave—I went with him a little way, and he said he was going to Whitechapel—I went with him to his lodgings—he went in and fastened the door, and went up stairs—I knocked the landlord up, and went up after him—the prisoner wanted to make me believe that he as not the man—I found his clothes at the foot of the bed, and these socks on his feet—I can swear that these are the clothes he had on in the street.
PRISONER. Did not I walk towards you? A. Yes—you gave me your correct address—you had the clothes in your arms—I did not touch them till I got into your room—the shirt was then lying on the bed—I identify them because I saw them on your arm—you had nothing of your own in the room but a pair of blue trousers.
PRISONER. Everything I had was my own except the socks, which were the prosecutor's.
MARY ANN DRISCOLL . I keep this house—the prisoner lodged there with the prosecutor for one week—I heard a noise in the morning, and laid awake, and heard a scuffle on the door-step—I got up and saw the policeman with his bull's eye, and the prisoner running up stairs with the clothes.
Prisoner's Defence. I paid this woman a week's rent that evening, and, having some words with her, I determined on leaving the lodging at one, and I knew if she knew it she would not let me carry away my things. I had a pair of old blue trousers and some hats, boots, and a piece of old sacking, and I seem to have put on this young man's socks instead of my own, which are exactly like them, and my own were left under the bed, so that there was no necessity for me to take them. The policeman ought to have taken the bundle from me, and then if they had been stolen they could have proved it. He selected various articles from the room, and said, "He had these, and he had these," when it was entirely impossible for him to tell what I had. I have been in the army thirteen or fourteen years, and have held situations of trust, and paid the troops, and never was charged with dishonesty. I had simply my own things.
NOT GUILTY .
MR. SIMMS conducted the Prosecution.
EDWARD CLARK . I am a carman, of 16, Green Street, Mile End Road—on the night of 27th December, about 9.30, I was going along Mile End Road, and two men took me by my neck, threw me down, and took my watch and money—the prisoner was not one of them, but as I was running he came up and stopped me, and said that he knew the other two—I took him by the shoulder, and said, "I shall hold you till you tell me"—in the meantime my mistress came up, and said that he had been holding her
against the shutters and kicking her—a policeman came up and I charged him.
HARRIETT CLARK . I am the wife of the last witness—on 27th December I was going with him along Mile End Road, and three men came up together; two tackled my husband and the prisoner tackled me, and held me up against the shutters by my shoulders, and when my child screamed he kicked me and hurt me very much—I afterwards saw him in my hus band's hands—a policeman came up, and I said that he had been ill-using me—I will swear that he was with the other two.
WORTLEY TURNER (Policeman K 339). On 27th December I was in Mile End Road, and saw Clark holding the prisoner—Clark was bleeding from his mouth, and complained of losing his watch and money—he said that the prisoner had insulted his wife—I took the prisoner in charge.
Prisoner's Defence. I was standing there, and the woman came and blamed me for being with the other two who robbed her husband, and I pushed her away.
GUILTY.—The Jury stated that they did not think the prisoner used any violence to the prosecutor.— Twelve Months' Imprisonment.
MR. HUMPHREYS conducted the Prosecution.
WILLIAM LEOPOLD ZOORS . I am a walking-stick manufacturer, of 10, Park Terrace, Victoria Park—on 20th December, about 4. 15, I was in the Minories—my coat was unbuttoned, and the prisoner snatched at my chain—the ring broke, and part of the chain, but the watch remained—he ran away and I ran after him, calling "Stop thief!"—I caught him, but he got away again, but the door-keeper of a warehouse stopped him, and I gave him in custody—I never lost sight of him.
Prisoner. It was not me, it was a boy with a black coat on. Witness. I saw you fall, and can identify you.
Prisoner's Defence. I am innocent.
GUILTY .**— Twelve Months' Imprisonment.
OLD COURT.—Wednesday, January 15th, 1873.
Before Mr. Justice Mellor.
MR. RIBTON conducted the Prosecution; and MR. STRAIGHT the Defence.
PATRICK CALLAGHAN . I keep the Wheatsheaf, in Vere Street—I knew the deceased man, Moriarty, and his wife, the prisoner—on 7th December, when I got home, about 2 o'clock in the day, I found them there—they were served with drink, and left at half-past 2—they were then sober—I did not see them afterwards.
Cross-examined. I had known the deceased about two years—I have never seen him sober but once, and I have seen him probably twenty times—I can't say that he was violent when drunk, he was rather abusive—he was a stouter and more powerful man than I—I heard the prisoner say to
him in my house on this Saturday afternoon, "You have given me no money to-day"—he said "No, I don't intend to gire you any"—after that there was an angry discussion between them—I told the man he ought to be ashamed of himself, and he said, "Mind your own business, and don't inter fere with mine"—the prisoner asked him to come home—he said "No, I shan't"—she said "Do come home, you have had enough to drink"—my wife said to him "What is the use of you having so much to drink?"—I knew nothing of the prisoner with the exception of her coming to my house—I knew she has had several children by this man—I believe both the prisoner and her husband are Irish—I turned them out of the house, I would not serve them with any more drink; I have made that a rule ever since I have been in the trade.
Re-examined. The prisoner only used to come there after her husband—I cannot say that I ever saw her drunk only when with him; I have seen her the worse for drink when with him.
JOHN KAY . I am a labourer, and live at 13, Granby Place, Drury Lane—the deceased and his wife, the prisoner, lived in the same house—and I occupied the second floor—on this Saturday I came home about 3 o'clock, and saw them going up stairs to their own room—I had to help Mr. Moriarty up stairs to his room because he was so drunk—I took him into his own room and put him into a chair—his wife followed me up, she was very drunk, too—I shut the door, left them there, and went up stairs to my own place, and about 7 o'clook I heard the prisoner's three children run down stairs hallooing—I had to go to market, and went down, and saw one of the boys with his back agin the wall not far from the door outside—I spoke to him, and in consequence of something he said I went back, and went up into their room—the door was shut, but on the latch—I opened it, and saw the prisoner standing up agin the door, and Mr. Moriarty lying on the floor, and blood all over the floor, and the bed was covered with blood—there was a great sheet bound about his head and shoulders, off of the bed, I think—after lifting the sheet off his head, I turned to the prisoner and said, "I'm d----d, Mrs. Moriarty, if you ain't killed the man"—she said, "Yes, I am the woman that done it, and I had an occasion for doing it, and a good job too"—she was neither drunk nor sober, she was excited—I saw her face all black or blue—she had a regular black eye—I noticed no other marks about her face—I went to Bow Street, and returned with two policemen—we were then met by Mr. Bowles, the deputy of the court.
Cross-examined. They had two rooms, which led into one another; one was used as a living room and the other as a sleeping room, but they had a bed in each room—I found the deceased wounded in the sitting room, and it was on the bed in the sitting room that I found the blood—I have lived there about eight weeks, and the Moriartys have been there about that time—I knew Moriarty before I went there; I only worked on one job with him, four or five weeks before, at the Gaiety—he was a bricklayers' labourer—my room was the third floor front—they had seven children, I believe, but his daughter did not live there, she was in service; the other six lived at home with their parents—I have known the prisoner about eight weeks—she used to work sometimes, not always; I did not see much of her—I buried my wife about nine weeks ago—the deceased was in the habit of getting very drunk—he was in my room the night before this about two hours, I believe, and we had several pots of beer in—he was not drunk, ut he had a little in; he had a little taken—he had had more than was
good for him—I was drinking with him—I was sober—I remember his wife coming up on the Friday evening and asking him to go down—I heard him tell her to get out of the room, and not come interfering with him—I did not hear him say that if she interfered with him he would give her a hiding—they were both jawing at one another and he called her a w—, and said that her mother was as big a was she was, and he flung a can of beer at her; I did not see that it hit her, but the beer went over her—I had never seen him use violence to her before, but I have heard her call out—I know that he was sent by a Magistrate for a month's hard labour for ill-using her—I did not tell the Magistrate that when I went into the room they were both on the floor; she was standing up and he was lying on the floor—I saw the police find a chopper in the small room where they used to sleep; we call it the back room—it was on the floor under a Covent Garden basket, a porter's basket—I had never seen that chopper before—I did not see from which bed the sheet round the man's head had been taken—I saw the prisoner on the stairs once between 3 o'clock and 7, but do not know whether she went out—we live, I dare say, 100 yards from Bow Street Station.
Re-examined. It was some time after 3 that I saw her on the stairs; I was going out and she was sitting on the stairs—I passed her, but she said nothing—I had not seen her the worse for drink before that—she used to drink.
HIRAM FIRTH (Policeman E 47). Kay called me at about 7. 45, and I want with him to Granby Place, on the first floor, and found the deceased lying by the side of the bed, and the prisoner standing by him—a sheet was wrapped round his head; I pulled it off, and saw two large cuts on the side of his head, and blood flowing from them—there was blood on the bed and on the floor—I spoke to him, but he was not able to answer—I asked the prisoner who had done it, she said, "I did it"—I said, "What with?"—she said that she had struck him twice on the bead with a chopper—I asked her where the chop per was—she said she did not know—I searched, but could not find it, but when I returned to the house a second time I found it in the back room, at the back of a porter's basket—I had not searched in that place on the first occasion—there was blood and hair on it—I assisted the man down stairs; he was put in a cab and taken to the hospital—the largest quantity of blood was on the bed—the prisoner said on the way to the station, "I will do it again when I come out."
Cross-examined. When I first went in she appeared very much excited—she had been drinking—she was partly under the influence of drink—I do not know whether Moriarty was under the influence of drink; he was stupefied by the blow—I did not investigate to see which bed the sheet came off—the blood was on different parts of the bed, as if he had been rolled over the bed—the bed in the other room had not been laid on—there was a bruise on each of the prisoner's cheeks—I did not notice her arms or her body.
GEORGE BEALES . I live at 9, Granby Place, and am manager of the house and court where these people lived—I live two doors off—on the evening in question, about a quarter to 8 o'clock, the prisoner came into my room very excited, and trembling so that she sat down, and then she told me that she had hit Mr. Moriarty on the head with a chopper—I said "Have you really hit him on the head with a chopper?"—she said "Yes"—I said "With the blade of it?" she said, "Yes"—I said "Whereabouts?"
she said "I don't know, but I have hit him on the head, and I think he is dying"—I said "If he dies you will be in for it"—she said "No, I won't; I only stood in my own defence, look at me," showing me some bruises on her arms, and a lump on her cheek-bone—I took a light and went to their house, and saw Mr. Moriarty on the floor with a sheet round his head, held up by his own hands—that was before the police came—I sent for them, and met them coming.
Cross-examined. I have known the prisoner some time—she has been in the buildings eighteen months, and I knew her before, but was not much acquainted with her—she was a sober person, and very striving for her family—she has five children at home, and one daughter out at service—the prisoner took a good deal of trouble to get her a good situation—she was in the habit of keeping her home neat and tidy—on this very morning she came to me and said, "Mr. Moriarty has got a pocket full of money, go after him for the rent"—I said "Where is he t"—she said "Gone down the court"—I said "If he is out of the court I cannot go after him"—she said "Then I must get some"—I generally get the rent on a Monday, but he was seven weeks behindhand, and owed me 28s.—therentwas 4s. per week—he was only a labouring man—she continually tried to get the rent for me—she is a peaceable, orderly, well-disposed woman; very much so as a rule—on the Saturday evening when this took place, I saw them come from Mr. Brown's public-house in Stanhope Street together, at a little after 3—they were both a little the worse for liquor—I saw them go home, and indoors—she looked to me as if she had been knocked down then—she had a kind of dirty face as if she had been knocked down, or had fallen down—I did not see her any more till she came to me—when she pointed to her arms, there were bruises there—she pointed to a place on her cheek-bone, which appeared as if it had been recently done, it was red, and was turning blue—it appeared to have been a violent blow, it was a goodish-sized lump, it was causing her face to swell—she said that she was so knocked about that she did not know what to do, and she had told me on the Tuesday previous that she really must take her children into the workhouse if she did not get some money to pay the rent—she had complained to me of being ill-used before, and said that she was driven out of her house nine days, and did not go in.
Re-examined. The dint was on both sides of her face in the afternoon, but the mark was only on one side in the evening—I have seen him with her tipsy, and she said he would not give her money but he would give her drink.
ANDREW DUNCAN . I am house-surgeon at King's College Hospital—the deceased was brought there on the 7th—his breath smelt of spirits—there were nine scalp wounds on the left side of his head, some of which com municated with one another—they could not be the result of one blow, they must have been the result of many blows—one wound ran into another—there were six different fractures of the skull, which must have been the result of at least six different blows—there was a wound over the left ear and a cut over the left eye—they were all on the left side, except a cut on the right thumb—two blows would have made the wounds over the left ear and eye—they were all clean cuts—there were nine scalp wounds visible—I did not remove the scalp to see them—he got worse in the evening, and the visiting surgeon removed some pieces of bone that were pressing on the brain—this was on the 10th—he lingered till the 13th and died—I made a
post-mortem examination, and found a fracture extending across the base of the skull in addition to those fractures on the vault of the skull—any of the wounds on the side of the head would be sufficient to account for that fracture—the fracture at the base of the skull was connected with the lowest fracture on the side of the head, and seemed to be the result of the same blow, in my judgment—there is no doubt the fractures of the skull caused death—this hatchet would produce the wounds—it is sufficiently sharp.
Cross-examined. The injury under the eye was a small cut through the skin, which might have been caused in the tussle with a sharp instrument—the wound behind the ear was connected with one of the scalp wounds—I mean that they ran one into the other, or, to the eye of a non-medical person it would appear the same wound—the wound under the eye might have been done by a side blow or an accidental blow, supposing the person were aiming at random—the six fractures could not have been caused by one blow, like the starring of a large piece of glass—they were not starred fractures—he was able to walk about when at the hospital—he was more conscious next morning—I saw from appearances on the post-mortem exami nation that he had been a confirmed drinker—he was a thick-set man.
Re-examined. The cut under the eye was half-an-inch long—it might have been inflicted by blows from this instrument, though it would probably inflict a larger cut.
FREDERICK GREENFIELD (Police Inspector). On Sunday, the 8th, I went to the hospital and took the prisoner with me, and placed her at the foot of the bed—the deceased made a statement, but the magistrate did not attend till next day, when I was not there.
Cross-examined. I knew the prisoner and the deceased well—I am acting inspector at Bow Street, and from time to time have to do duty in the Police Court—I know that Moriarty had a month for ill-using his wife—he has been charged on various occasions with ill-using her—we have had frequent complaints—I know that he was a drunken man, and that when he was drunk he was very violent; but I know nothing except from taking the statements.
HIRAM FIRTH (re-examined). I attended at the hospital when the Magis trate was there, on Monday the 9th—the oath was administered to the deceased in the prisoner's presence, who was at the foot of the bedshe cross-examined him—(Examination read: Daniel Moriarty says: "I lived at 13, Granby Place, Drury Lane—I was employed at Haggerstone gas works—on Saturday night I returned home about 7 o'clock—I then went to Twyman's house, in Little Wild Street—my wife came after me—I was then quite sober—my wife and I afterwards went to the Wheatsheaf public-house, in Vere Street—we had some drink there—I had some whisky, she had some also—I stopped there about a quarter of an hour, and then we returned home—I did not go to bed when I got home—there were not a man and his wife in the room when we got back—my wife and I did not quarrel—she struck me with a small axe twice on the left side of my head—I went up stairs to a man, and he came with me to the hospital—I did not fall down at all—that is all I know about it—I am certain I did not strike my wife before she struck me—I was sober—the small axe my wife struck me with was in the room at the time—my wife has not been living with me for three weeks—she went to another place, and did not come to me for a fortnight—I have been married twenty years, and have six children
by my wife—I have not been in the habit of ill-using her."
Cross-examined by the Prisoner: "The prisoner did not say to me at Twynam's, ‘Is this the way you are going to treat me and your five children—I did not have several lots of whisky at the Wheatsheaf, only one glass—I had 1l. 15s.—I am not aware that she said she would rather have the money to buy food—I am sure I went home without having more to drink—when I got home I did not go to bed in my clothes—I have been sent to prison about four or five months (ago) for giving my wife a blow—I did not catch hold of the prisoner's hair on Saturday night.—DANIEL MORURTY, his mark."
Prisoner's Statement before the Magistrate. "I have been his wife twenty one years, and the mother of his eight children. I have been a very good mother, but I am sorry to say my husband behaved a very great brute and a very great drunkard to me. I had to take my child in my arms and go in the street of a night from him. I have been always in and out of the workhouse with them. My husband turned me out, and kept me in the streets. This last accident that took place he was all the week drinking, and he left his work. He drew the last of his money on the Wednesday, and came home that evening drunk, and in a very bad temper. He asked for some dinner, and I gave it him. He seemed all the evening in a very bad temper. I tried to amuse him all I could. Between 5 and 6 o'clock a man named Dwyer came and asked my husband to assist him with some pota toes into his cellar. My husband was sitting by the fire drunk. He turned round and said, "What brought Dwyer up here?" I said, "He came for your assistance with some potatoes. "My husband said, "No, he did not;" and he said he came for a very bad purpose. Many words passed between us, and he got up and beat me round the head. I cried out very loud, but no one came to me. He kicked me with his naked feet; then he dressed himself and went out. I went out afterwards, and I went and told Dwyer what my husband had said. I did not go into my room again except when my husband was out. He was all the week drunk up to Saturday; he lay in bed with his clothes on. On the Sunday morning he took a lamp and other things to sell. He did not come home till late. He got up early on Mon day morning, and said he would not be home till late; he came home in the evening between 6 and 7 o'clock, and I left the room I was with my children all day. He worked on till Friday night, five days of the week. He came home on Friday about 9 at night; I went out, and a little time afterwards my husband went to the public-house; my third son followed him there, and asked for some money to get bread. After that my husband sent a child to me for two pawn-tickets, and I sent them to him He went up stairs to Kay's room and sent for drink, and he remained there till the public-houses were shut I called my children at 5.30 on Saturday morning to go to their work; my husband was in the room in bed, and I was afraid to go in. Between 10 and 11 o'clock on Saturday morning I saw my hus band washing himself in the room; he sent the boy for some coals; he gave him no money for bread. When my husband went out I went up to the room. After that I went to look for my husband, and I found him in the Yacht public-house having rum and water. I went next to Twyman's, in Wild Street, and there I saw him sitting down with the woman Twyman. I asked him if that was the way he was going to treat me; he laughed at me, and got up and took me to Callaghan's. Six months ago he took this woman up to my room and sent my children out. After leaving Callaghan's we went home, and my husband lay on the bed in his things. I sat down
and went to sleep; when I awoke it was dark. I went to the room where my husband was, and he beat me round the head. I got from him and went to Bow Street police-station and saw the inspector, and asked him to send for my husband; he took no notice, and I went back. My husband said, "You have been to Bow Street, as usual, and I'll give you cause to go there. "He drew me from the door towards the fender: this chopper was against the fender. He said, "I'll do for you now;" he picked the chopper up. I threw myself on his arm, and I wrenched the chopper out of his hand. He dragged me towards the door, and I hit him twice on the head. I saw him bleeding, and I went to Mr. Beale's, the deputy's, place. I gave my husband a month's imprisonment about eight months ago."
MR. RIBTON t.
FOINETTE (Police Inspector). I was inspector on duty at Bow Street on 7th December—I did not see the prisoner there that day—if any appli cation had been made to send a policeman to the house early in the day, I ought to have known of it.
The REV. JOHN DAVIS, a Roman. Catholic Priest, gave the prisoner a good character.
GUILTY OF MANSLAUGHTER .— Eight Years' Penal Servitude.
MR. HOLLINGS for the Prosecution offered no evidence.
NOT GUILTY .
Mr. HOLLINGS conducted the Prosecution.
GEORGE HOANE . I am a brick-maker, and live in Brickfield Cottages, Hendon—Thomas Prince, the deceased, lived next door to me—the prisoner lodged in my house, and on 28th December, before 10 o'clock, he was there—I had requested him to leave my house for a reason, and I accompanied him to the door, and saw Prince come by with a mug with a litte beer in it which he had taken in for Christmas—Prince said "Go to work Holling shed"—he said "What has that to do with you?"—they had a little bit of a scuffle and a fight—the prisoner hit Prince, but I cannot say where, it was nothing of a blow—he struck at him—the beer was knocked out of his hand, and then they had the fight, and Prince hit Hollingshed very heavily several times—there was a struggle between them, and Prince caught hold of the prisoner and threw him very heavily—they fell twice, and the prisoner was underneath each time—as soon as they got up Prince went into his own house.
COURT. Did they begin to square at each other in the regular way, or did one attack the other? A. The prisoner tackled Prince first, but Prince struck him very heavily—I did not see any particular blow struck by the prisoner; not the least, he had not time to do it—the prisoner had had a pint and a half of beer over night, which would make him drunk next day.
HENRY HICKS , M.R.C.S. I live at Hendon—the deceased's brother called on me, and told me that he had retention of urine, and wanted something for him—I did not see the deceased, but my partner saw him next morning—I was present at the post-mortem examination—he had suffered from severe peri tonitis, caused by a rupture of the bowel on the right side, from which faecal
matter had exuded—in the case of such a rupture forty-eight hours generally passes before death—it might have occurred from a severe blow, or from the man falling on some prominent point, such as the knee of the other man, if the bowel was in a state of distension at the time—he was in other respects healthy—the peritonitis was occasioned by the rupture of the bowel, it was set up as a consequence of the rupture—the faecal matter being exuded, would set up peritonitis, and the man would die in about forty-eight hours.
PRISONER. Do you think it possible that it could have been done at his work, digging and wheeling in a brick-field? A. Not unless he met with some accident at the time from over exertion, or a blow.
COURT. Then the rupture of the bowel would precede the peritonitis? A. Yes; the injury would not make him suffer pain at the time, but it would cause sickness, and the brother complained that he was sick—I thought the injury was to the bladder; I ordered warm water, and he was better.
THOMAS BORMAN BELGRAVE , M. D. I attended the deceased on Sunday, the 29th—I found him in a state of partial collapse—I was present at the post-mortem—peritonitis was the cause of death, and that was caused by the extrusion of the contents of the bowels—that was quite recent, and must have been caused by some sudden blow—it could not have been the result of disease, as the viscera were healthy, and there was no indication of chronic disease—it might possibly be caused by a struggle, and falling on the ground.
COURT. I suppose it must have been either by a blow, or a kick, or a fall. A. Yes, or the man's body must have been in a state of tension at the moment he fell on some prominent object—there is nothing to show that it was not done by a kick, and it is quite consistent—it is consistent with either—the probability is that it was not from a kick, because there was no external mark.
JURY. Q. Could it have occurred from throwing a man down? A. No; I do not think it possible—it could not have occurred in a mere struggle unless there was some projection—there must have been two factors; the man's body must have been in a state of tension, and there must have been some projecting object, such as the knee or some projecting stone on the floor; I do not think it could have been done by merely throwing—I understand that the prisoner was underneath and the deceased on the top, therefore it would be more likely for the knee to have done it—I think it quite possible that death might be produced in a struggle—whether the deceased was under or above would be quite immaterial; both those positions would be consistent with death being produced in the struggle.
NOT GUILTY .
NEW COURT, Wednesday, January 15th, and
OLD COURT, Thursday, January 16th, 1873.
Before Mr. Baron Pigott.
MR. SERJEANT SLEIGH with MR. WILDEY WRIGHT conducted the Prosecution; and MR. J. E. PALMER with MR. J. CROOME the Defence.
Lane, and am one of the official shorthand writers attached to this Court—I was present on 29th October last, at the trial of Condy, Harvey, and Andrews for conspiracy—the defendant was examined as a witness for the prosecution on that occasion—I took a note of her evidence—I do not remember the fact of her being Sworn; but I should not hare taken her evidence unless she had been duly sworn—I produce an examined transcript of my notes of her evidence—the printed report of the case as it appears in the "Sessions Paper" is also from my notes—it contains a correct report of the evidence, but in the form of a narrative, not question and answer—(The evidence given by the defendant was here read, for the printed report see Vol. 76, page 510. The portions upon which perjury was assigned were that she had always led a perfectly moral life; that she had not led an immoral life with a person named Lester before her marriage; that Mr. and Mrs. Schofield had not then a grown-up son, and that she had never walked the streets as a prostitute).
Cross-examined. Several witnesses besides Mrs. Fox were examined on behalf of the prosecution—a number of affidavits and documents were put in; also the proceedings in Fox's bankruptcy—a Mr. Elsey was examined, Mr. Rees, and others.
HENRY MARSH . I am at present residing at Crescent Street, Notting Hill, and am proprietor of the Shamrock public-house—sixteen or eighteen years ago I kept the Oxford Arms, in North Street, Fulham Road—I knew Mrs. Fox at that time—I expected that she was a married woman—I knew Mr. Fox at that same time—I think it is nearly nineteen years ago—I knew a person named Lester, who worked in the gasworks—he and the defendant occupied a room at my house, the Oxford Arms, nearly nineteen years ago, in 1854—they resided there something like nine or ten months—they only occupied one room—they lived together as man and wife—I did not know anything to the contrary but what they were man and wife—they passed as Mr. and Mrs. Lester—I heard of her marrying Fox three years-after wards; I heard of it at the time they were married—I knew her after that living with him, as Mr. and Mrs. Fox—I left that neighbourhood in the following year—I have seen them occasionally since—they kept a beer-house.
Cross-examined. I knew Mr. and Mrs. Fox when they kept the beer house—I used to go there occasionally—at the earliest period of my knowledge of Mrs. Fox Lester lived with her at my house—she was not then Mrs. Fox, nor for some considerable time afterwards—I thought she was a married woman—she lived with Lester respectably to outward appearance—she did not walk the streets as a prostitute to my knowledge—I was subpœnaed to come here by Mr. Weigall, I believe—I don't know that he is brother-in-law to Mr. Condy—I am quite a stranger to the whole of them—I have no idea how they found me out—I am sure Lester lived as long as nine months at my house—I think it was a little more—I don't know whether it was quite twelve months—the witness Wright was an ap prentice of mine—I am quite certain it was longer than two or three months.
BENJAMIN: PARKES . I reside at 19, Regent Street, City Road, and am engineer to the gasworks at Hackney—I had an uncle named Lester—he died in 1864—Í lived near him at West Brompton—I knew him and Mrs. Fox as living together—I came to London on 20th March, and was told that my uncle was living with a woman they called Sally—I found
that my uncle and the defendant were living together as man and wife in South Street—I did not visit them there—I never had any conversation with the defendant in reference to the terms on which she and Lester lived—I had with my uncle; not in her presence—I never called at the house at which my uncle was living—I have seen them together many times—I have seen them drinking together at the Nell Gwynne, at the side of the gasworks—I saw them together from 1855 up to the time he died, 1864—I swear I have seen them drinking together many times, sitting at a table in a public-house—I can't say how many times; perhaps I might have seen them half-a-dozen times at the Nell Gwynne; besides that, I have seen them in the streets walking together, and seen them in conversa tion—he has called her Sally, and she has called him Lester; that was the mode in which they usually spoke to each other when I met them—nothing has passed between the three, of us as to the mode in which they were living together; only between me and my uncle—I have not had any con versation with the defendant on the subject—my uncle died suddenly some time in July, 1864; he was found dead in his bed—I went to the house where he died—he was occupying one room—I found Mrs. Fox there, when I got the intelligence of his death—I used to call her Sally if I spoke to her at all—when I found her there she has generally put on her bounet and walked out—as soon as I went in she used to leave—I don't know where she was living at that time; I don't know where her husband was living at that time—I did not call at my uncle's place while they were living together as man and wife—I used to call occasionally while he was ill, and on some of those occasions I have seen, her there visiting him, but she was not then living with him as his wife; that was the illness just preceding his death—I have been there at various times; many times—it generally used to be in the evening; I sometimes found her there, not always—she was there to clean his room up I believe.
Cross-examined. I have a wife and children—my uncle had a wife and family in 1855 and since—his wife lived in Staffordshire—he was an engineer—he left everything in my possession, to dispose of according to his desire—he left no will—his youngest son, Michael, came up to the funeral and took possession of what uncle left—MRS. Fox did not have it—I used to visit my uncle at that house.
Re-examined. His wife was not living with him at that time.
CORNELIUS WRIGHT . I am a carpenter, and live at 7, Portland Street, Hammersmith Gate—in 1854 I lived at the Oxford Arms, West Brompton—I was apprentice to Mr. Marsh, the landlord—MRS. Fox lodged in that house—MR. Lester also lodged there—they lived together the whole of the time they were in that house, as man and wife, occupying the same room—it is eighteen years ago; but, to the best of my knowledge, they lived there together in that way from five to six or seven months—I remember their leaving—I could not say that they left together; I believe they did.
Cross-examined. I was first asked to come here early in December—I have known Mr. and Mrs. Fox some years—I have always been on friendly terms with them—I was apprenticed to Mr. Marsh as a carpenter and joiner, and worked at his shop, about a quarter of a mile from the public-house—I merely took my meals and slept there—Lester had one room—I daresay I have been into it frequently—there was a bed in it—I am sure of that—of course I must have been in the room as a friend, living in the house with them—I had no business in his room except he invited me; you will remember
that I was a boy then; I might go up stain on an errand, and out again—I was about eighteen then.
Re-examined. They only had one room between them—I have seen them both there—I have not the slightest doubt that they were living in that room as man and wife for several months.
JOSEPH FRANCIS . I am a gasfitter, and live at No. 6, Moor Street, Fulham—I have known Mrs. Fox eighteen or twenty years—I knew her before her marriage with Fox—I knew Lester; he was my foreman at the gasworks, and we lodged in the same house near there—I don't remember the name of the street, although I could walk to the house now—I lodged five or six months in the same house with him—he only occupied one room—MRS. Fox lived with him there as his wife—I left before them—they lived there as man and wife—I won't undertake to say that she went by the name of Mrs. Lester, but they were living in the same room as man and wife.
Cross-examined. I can't tell you what year that was in, or what month.
MARY ANN WOODHAMS . I am the wife of William Woodhams, a stone mason, and live at 41, Albert Road, Battersea Park—I have known Mrs. Fox eighteen years—I know her husband—I remember their being married—I did not know Lester—I remember Mrs. Fox living in Arthur Street, Chelsea—she was not living with her husband at that time—she afterwards went to live at Sands End, Fulham, about ten years ago—while she was living there, I met her in the street, and she showed me the house where a gentleman was keeping her of the name of Lester, and she went indoors to her place and I went on—I had not seen her then for some years, and I did not see her again for a year or two—I have seen her in Battersea since—about four years ago I first met her in Battersea with her husband—I have seen her repeatedly since—it may be a year and a half ago that I saw her with her husband—I have seen her several times without her husband about that neighbourhood; several times, in the daytime, walking about there—she lived not very far from me.
Cross-examined. I have always been on friendly terms with her and her husband—we never had any words—of course I have never been on friendly terms no more than when we met and spoke in the street; but never to visit at one another's houses—this conversation I have spoken of took place about ten years ago, as near as I can recollect—I did not know whether Lester was dead then or not—I met her some time after, and she was then in mourning for him—she told me so—I think that was about nine years ago—I know it was long after her marriage, because the morning she was married she called at my place—my husband's brother gave her away—that was about fifteen years ago.
WILLIAM HERMITAGE . My mother's name is Schofield—I am thirty-one years of age—I was lodging with my mother in Arthur Street, Chelsea, some years ago, with a Mrs. Bowyer—at that time Mrs. Fox lodged in the same house; not with her husband—she continued to lodge there five or six months—we all then went to lodge at No. 32 in the same street—she lodged along with Mrs. Bowyer, and I occupied apartments up stairs, and during that time Mr. Lester came there on one or two different occasions, and made a disturbance because he heard that she was carrying it on along with me—there was no improper intimacy between me and her at 32, Arthur Street—I lived with her as man and wife in Bridge Road, Battersea—as far as I can recollect, that may be eight or nine years ago—we occupied
one room, a bedroom, I dare say for eight or nine months—I lived with her at different places, in Park Walk, Ebury Square, and Godfrey Street, Chelsea—we cohabited as man and wife altogether I should say between five and six years—I am a labourer, employed at Cremorne Wharf as a carman now—some time at the latter end of last summer I met Mrs. Fox at the Cremorne Arms, Chelsea, in the company of Mrs. Atkins—that was about two years and a half after I had last lived with her; it was an accidental meeting—I was going home with my horse and cart, and she hailed me outside the public-house—I went in, and she asked me to drink: Mrs. Atkins was there—I did not then know anything about these pro ceedings—she said I was very foolish for taking up with anybody else, that she meant to get all she could out of her husband, and then go to America along with me—I don't know whether Fox was then in gaol or not; she did not tell me; I can't say whether it was before or after the trial at Guildford, I knew nothing at all about the ease—I did not say anything to it—I did not intend to do any such thing—I left the public-house, and went about my •business.
Cross-examined. Mr. Page subpœnaed me to come up here—I don't know whether he is a friend of Fox's—I know Fox if I see him—I dare say I have known him for the last three or four years—I should not have come here if I had not been subpœnaed—I was in duty bound to come—I was subpœnaed last session or at Guildhall—I was at Guildhall; I think you examined me there—I did not then say anything about this story at the Cremorne Arms; I was not asked—Page is a fishmonger, living in Marlboro Terrace, Bridge Road, Battersea—I don't know whether Condy and Harvey live near Page—I don't know Battersea House—Page paid me 1s. when he left the subpoena; that is all for which I give this evidence—I was in duty bound to give it—my mother has two children besides me, one is a sailor, one is younger, between 14 and 15, and one older, and a daughter—I am not living with a person who has children, I am living with a person that I am duly married to; she has one child and one belonging to her sister, who has no husband, and we took it to adopt—I shall have been married three years come next Easter—I was married at St. Alban's, Herts—MRS. Fox did not know me at that time, because I was away from her—it is above four years ago since I ceased to live with her—I don't know whether Mrs. Fox knew I was married when I had the conversation with her at the latter end of last summer—I did not tell her; I knew that she had nothing to do with me, nor I with her—I am carman to a man named Dalton.
WILLAM REASON . I am a paper-hanger, and live at 47, Seaten Street, Chelsea—I first knew Mrs. Fox three months after I was married, which will be eight years on 6th February next—I knew her as Mrs. Fox then—I knew her as Mrs. Hermitage about three or four months before I was married—I believe she was then living in Godfrey Street, Chelsea—I was there once, I think, before I was married—she had one room there—MR. Hermitage, was living with her, I mean the last witness—there was a bed in the room—they were living as man and wife then, passing as Mr. and Mrs. Hermitage—I knew them living together about four years—I married Hermitage's sister—MRS. Fox was present at my marriage under the name of Hermitage—Hermitage was also present—they were there as Mr. and Mrs. Hermitage.
Cross-cxamined. My wife's maiden name was Elizabeth Hermitage—my
mother's name is Coffill, by a second husband—I don't know anybody of the name of Schofield—her name is Coffill, it might be taken for Schofield—I don't know whether it is called Schofield—I don't know whether there was a Mr. Schofield; there is a Mr. Coffill now—I generally call him Coffill—I did not know the Foxes till after I was married—I don't know whether she was married—I think I knew her as Mrs. Hermitage for three months after I was married—after I was married about three or four months I knew her as Mrs. Fox—I don't know Mr. Fox—I have seen him pointed out to me—I have been on friendly terms with Mrs. Fox till quite recently—I visited at her house—I was on friendly terms with her till I was subpoenaed to speak at the trial, and I have not seen her for the last three weeks, I think—my wife has not gone to Mrs. Fox's; she has met her—as far as I know of Mrs. Fox I never knew any harm of her.
HENRY DOBELL . I reside at Stanley Bridge, King's Road, Fulham, and am a plumber—I have known Mrs. Fox about eighteen years—I knew her before she was married to Fox—I knew Lester, and have seen him and Mrs. Fox together at the Oxford Arms—I always took her to be Mrs. Lester; I have spoken to her as such—I knew Lester perfectly well—I knew them bearing that relationship to each other for a great many years—I have seen them frequently together, and have addressed them as Mr. and Mrs. Lester—I used to visit the Oxford Arms and do business with Mr. Marsh—they were living as man and wife, well known.
Cross-examined. I did not know Mr. Parkes—I can't exactly call to mind when Lester died; I suppose it must be six or seven years ago—I will swear that persons addressing them called them Mr. and Mrs. Lester—I have heard him call her Sally—I knew him for years—I should say Fox knew him—I don't know whether he and Fox did business together.
Re-examined. I believe Lester called her Sally—the people generally called her Mrs. Lester.
WILLIAM JOHN. HALLIDAY . I reside at 26, Landseer Street, Battersea—my wife is not here—she is a midwife, and has a case to attend—about five or six months ago Mr. and Mrs. Fox lodged in our house—he left, and and she continued to lodge there for a month or so afterwards—she was lodging there at the time of the Hampton races last year—about that time she was away all one night—my wife subsequently told me something, in consequence of which I told Mrs. Fox that she must quit our place as soon as she could—I don't know that I told her why; I can't be positive.
Cross-examined. I have known Mr. and Mrs. Fox some time; they lodged with us three different times—I never knew that there was anything different to their being respectable till such time as Mr. Fox left her; I don't remember exactly when that was—she never paid any rent—that was not the reason I gave her notice—they kept promising me the rent and I never received any—I don't know that she remained a month after I spoke to her; I can't say how long it was.
ANN BARTON . I am a widow, and live now at 51, Camera Square, Chelsea—I formerly lived at Park Walk, Chelsea, in 1868, I think—while there I let lodgings, and Mrs. Fox lodged there with the witness Hermitage as her husband—they occupied one room, as man and wife, for about three months.
Cross-examined. Of course, if lodgers do not conduct themselves respectably I turn them out—they lodged there three months—I have never seen Mrs. Fox since till at the Court, nor him either—I never saw anything particularly wrong while they lodged there.
SARAH THOMAS . I am a widow, and live in James Road, Wandsworth—I know Mr. Fox, he is my husband's brother—I also know Mrs. Fox, and know when she was married—I knew her when she lived in Camera Square; she lived with a man named Lester—I never went to the house—she was always called Mrs. Lester—I knew Lester—I knew Lester—I have seen them together, not a great many times—she lived with Lester before her marriage with Fox—I think she was living with him almost at the same time as the time she left and married Fox—she told me that she lived with Lester before and after her marriage, and I know that was so.
Cross-examined. I was never at Lester's house—I knew she was living with him because I have seen them in the house together in Camera Square—I have seen them in the room together as I have passed, and she has told me they were together—she has lived with Hermitage since she married Fox, and I believe that was the cause of a great many quarrels between them—I have visited her during the last three years, when they lived in Hope Street, when she was living with her husband—I thought they were then very comfortable together—she was living respectably at that time—I have been very friendly with her quite recently; I thought she was altered, and I wanted to make peace between her and her husband—I did not a day or two ago advise her to plead guilty, and throw herself on the mercy of the Court; nothing of the sort passed—I spoke to her on Monday; I told her her brother-in-law, Mr. Munser, wanted to see her—I said nothing to her about her pleading guilty—I never advised her to do so—It is perfectly untrue—I did not speak to her on the subject of the trial.
SARAH ATKINS . I am the wife of William Atkins, and live at 57, Seaton Street, Chelsea—I know Mrs. Fox—I knew her before she was married to Fox and since—I have known her living with Hermitage—I don't know for how long—they were living together in Park Walk—I visited them there twice—they had only one room, a bedroom—I don't know that they were living as man and wife—I never saw Mr. Hermitage there—I once saw them walking out together—I knew Lester—I knew she went with him—I don't know whether she was living with him—last summer I was with her at a public-house near Cremorne—I remember William Hermitage coming there—we were standing at the door and he came along in his cart; she spoke to him, and he got out of his cart and spoke to her—she said, "What a silly young man you must be to pick yp with this young woman with two children, when you knew that this would happen to Mr. Fox"—I did not know till afterwards that Fox was in gaol—I have tried to reconcile Fox and his wife at times, and to bring them together—she was then living with Hermitage.
Cross-examined. She and Fox were frequently separated—I know that she has a protection order against her husband; she read it to me—I don't know that at one time she was six months in the hospital from his ill-usage—when she said this to Hermitage, he said, "It can't be helped"—he did not say that one of the children was his wife's sister's, or that he was married—I knew him; I don't know whether he was married at that time—I only endeavoured to bring Mr. and Mrs. Fox together on one occasion; they were reconciled—I did not consider her an immoral woman—I can't say that she was an immoral woman, no more than knowing her to be intimate with Mr. Lester and living with the other; anything more I don't know, and I have known her these twenty years.
Chelsea—I have lived there nine years—I know Mrs. Fox—I believe she was not Mrs. Fox at the time I first knew her, eighteen years ago—I never heard her maiden name—I never knew her name at all; I knew the woman—I have known her ever since, living about the neighbourhood—the first of my knowledge of her was seeing her walking to and fro the King's Road early and late, and seeing her go into public-houses with different men at all hours, night and morning—that was eighteen years ago, during the time of the season, while I was standing there with my oyster-stall a few months in the summer season—it was not for many weeks that I noticed it—it was in the neighbourhood of Cremorne—I have known her since, because she lived next door to me—I have not seen the same kind of conduct since.
Cross-examined. I used to stand outside a public-house with my oysterstall for two or three months during the summer season—I believe about August was the first part of it.
JOHN BARNETT . I have been convicted of felony—I lived at Chelsea about eighteen years ago—in 1853 and 1854 I kept a house in Hooper's Court, Knightsbridge—it was a brothel—I knew Mrs. Fox by coming several times to that place with gentlemen's servants and different sorts of people—Hooper's Court was a great place for gentlemen's servants—she used to come there and use it as a brothel with a woman named Liz Williams, her companion.
Cross-examined. I have not given evidence against the prisoner before—I was at Guildhall—I had a supoena to appear against her, but was not examined—my conviction was for receiving stolen property—I was tried for the robbery, but acquitted of that, and found guilty of receiving—my knowledge of her was from 1853, 1854, and 1855 up to 1858, when I was convicted—that was the last time—it is ten years ago that I was convicted—I was in trouble once before—I had twelve months then, that was all.
Re-examined. I have been home seven years—I have a wife and family, and am now leading an honest, upright life; nobody can say different.
EDWARD BROWN . I am a butcher, living in Langton Street, Chelsea—about eight years ago I kept the Victoria public-house, opposite Cremorne Gardens—I was proprietor of it for ten years—during that time I knew Lester—he was working at the gasworks—I knew Mrs. Fox at that time also—Lester Used to dine at my place—MRS. Fox used to bring his dinner there every day—I knew her as Mrs. Fox—I have known her for years—I knew her husband—that was after her marriage, about ten or twelve years ago, as far as I can recollect—I can't call to mind when Lester died,—I was in the habit of seeing Mrs. Fox during the Cremorne season at different times—that is eight, nine, or ten years ago—I knew her for three four, or five years while I kept that public-house—I frequently saw her there during the Cremorne season in company with other persons, men, at night time, different men—she would come in and drink with them, and go out with them.
Cross-examined. I have known Fox many years—I was supmnaed to come here—I have not given evidence before—I was not friendly with Lester more than as a customer, nor with Fox, no more than he has had transactions with me.
Re-examined. I was not supoenaed at Guildhall, or I should have been there.
I have known Mrs. Fox three or four years, I should imagine—I think the the first time I saw her was at the County Court at Wandsworth; since then I have met her several times, both at the Court and at the Eagle at Wandsworth—I have had conversations with her; I can't say who spoke first; on one occasion about November or December, 1871, I lent her 2s., and she invited me home to her house, and if I could not come on that occasion her husband was always out between 11 and 1 o'clock in the daytime—I have seen her frequently during the last two yean—I met her once or twice down at Battersea, nothing more—I have not seen her with men.
Cross-examined. I am not in the habit of lending money in that way—it was a bonâ fide loan—she asked me to lend it, and I did—I might put a construction on it—I am clerk to Easton Brothers.—I was called on by a gentleman last Monday to come here—I did not communicate with any one—I made a remark over the bar to Mr. Easton, who keeps the Eagle Tap at Wandsworth—I suppose it got to the knowledge of the prosecution, and they suspoanaed me—that is all I know about it—MR. Easton is a connection of the gentleman that I am clerk to—I don't know Condy and Harvey—Eastons are builders and contractors at Wandsworth.
Re-examined. It was in consequence of something that I read in the papers that I had a conversation with Mr. Easton, and told him what I knew.
JAMES EASTON . I keep the Spread Eagle Tap, at Wandsworth—I have seen Mrs. Fox there frequently since the beginning of the bankruptcy case at the County Court—she sometimes came with her husband—I recollect once seeing her dancing at the bar with a single man, and I stopped her—there was a band playing outside the house—she was dancing a polka—I did not turn her out—she told both me and my wife that she was going to leave her husband, and going to Australia—that was one day when they had been to the County Court, about November, 1871.
The Jury stated that they did not desire to hear more evidence of the nature given by the last few witnesses.
MR. PALMER submitted that with respect to some of the allegations of perjury, they were too wide and uncertain, for instance, that founded upon the defendants answer that she had always led a perfectly moral life, and as to others, they were not and could not be material to the issue under inquiry in the trial of Condy and Harvey; and had not tended to gain for her any increased credit with the Jury on that occasion—(See Reg. v. Gibbons, 31 "Law Journal," p. 98; Reg. v. Tyson, 37 "Law. Journal, p. 7, and Reg. v. Mullany, 34 "Law Journal," p. 111).
MR. BARON PIGOTT entertained no doubt, as laid down in Hawkins, that any false oath was punishable as perjury, which tended to mislead the Court in any proceeding relating to a matter judicially before them, although it in no way affected the principal judgment to be given in the case. Under that definitlion the credit of a witness was included, and the judgment in "Reg. v. Gibbons," was to the same effect. He declined to reserve the point.
The following witnesses were called for the defence.—CHARLOTTE BEALE. I am the wife of Henry Beale, a builder, of 192, Waterloo Road—I have known Mrs. Fox fourteen or fifteen years—in the early part of that time she used to work for me and assisted me in my business, and helped me generally when I was ill, in house-work, for five or six years—I have known her from that time to the present—I always considered her a respectable, worthy, industrious woman.
Cross-examined. She did not reside in my house—she was employed by me—she used to come to me to work and go away again—at the early part of the time I lived at Brompton—she gave me entire satisfaction—my employing her was entirely a matter of business—I knew nothing of her private affairs—I saw her for the first two or three years, then I lost sight of her for a few years—sometimes she would be at my house a week at a time, working for and assisting me, from 9 o'clock in the morning till 10 at night.
MARY ANN BOWYER . I am a widow, and live at 41, Arthur Street, King's Road, Chelsea—I have known Mrs. Fox these twenty years—she has always been a hard-working, respectable woman—she lodged with me from 1859 to 1862—there's my rent-book relating to that period.
Cross-examined. That was in Arthur's Street, Chelsea—Mr. and Mrs. Sohofield lodged there for a short time at the same period as Mrs. Fox—Hermitage lodged there with his father and mother, they had two rooms of me—MRS. Fox was not lodging there with her husband, she was lodging with me—Hermitage left a considerable time before she did, nine or ten months—she went home to her mother's—I never knew her when she lived with young Hermitage—I don't know what became of them after they left my house—I-did not go to see her after she left me—I went to her mother's in Riley Street, close against Cremorne—that was turned twelve months after she left me—I went there once or twice to see her—I did not see her for nearly twelve months after she left me—I did not call to see her at Bridge Road, Battersea—I believe she lived there with her husband—she conducted herself respectably in my house—she was never out after 9 at night.
JAMES MANLEY . I am a detective, and have been nineteen years in the force—I have known Mrs. Fox twenty or twenty-three years—I can't speak as to her character—I have lost sight of her for three or four years—I know nothing against her.
JOHN CHANDLER . I am an engineer, living at Chelsea—I have known Mrs. Fox since she married Mr. Fox, fourteen or fifteen years—while she was with him, I believe she has always lived a respectable, industrious life—I have not known her since she left him—I believe that was about two years after her marriage—for the last two years she has been living with him again; during that time she has conducted herself properly in my presence; as far as I know her conduct has been good.
Cross-examined. I knew her long before she was married to Mr. Fox—since her marriage I have known her so intimately as to be able to swear that in my opinion she bears a moral character—I knew of her being separated from her husband on various occasions—I don't know Mrs. Bowyer—I believe there are two Arthur Streets, one at Battersea and the other at Chelsea—MRS. Fox never lived in the Arthur Street that I live in—I never knew her lodging in Arthur Street—I can't tell you where she lived between '59 and '62—I have not always been a carman—I have been a cabman and an omnibus conductor—I was never discharged from any situation—my license was not revoked—I threw in my license in 1863—it was handed in with an indorsement on the back by a Magistrate—it was through getting drunk—I am about forty-eight years of age—I did not know Lester—I heard that Mrs. Fox was living with a man named Lester previous to her marriage
—I know Hermitage; I know very little about him—I believe Mrs. Fox did live with him—I don't know it—I have a doubt about it—I heard there was such a man connected with her; that is all I know about it.
EMMA CREASE . I am married and live at 55, Sladeburn Street, King's Road, Chelsea—I have known Mrs. Fox perfectly well since the year 1857—she has always conducted herself respectably—I have known her in no other character—my husband is a glove-cutter.
Cross-examined. I know Mr. Fox—I knew Mrs. Fox when she was lodging at Mrs. Bowyer's—I have been there after her for work—I was not in the habit of visiting her—I have been often into her room—I did not know Hermitage at that time—I knew no one in the house but Mrs. Fox and Mrs. Bowyer—my visits at the house were merely for the purpose of inquiring after Mrs. Fox upon matters of business—I was not at all familiar with her private life and habits—she has worked for mother and me on several occasions, and we always found her a most trustworthy woman in the business—I did not know Lester—I have heard of him—MRS. Fox conducted herself respectably in my house—I have met her on several occasions going to work as a workwoman—she appeared to get her living so—I am quite certain of it—I have met her on several occasions going to and coming from her work, always neat and clean.
MARY ANN THORP . I am a widow, and live at 110, Rose Road, Old Kent Road—I have known Mrs. Fox between six and seven months last past—she has lodged with me—during that time her conduct has been highly respectable.
Cross-examined. That was the first time I knew of her.
ROBERT WOODHAMS . I am a mason, and live in Collingwood Street, Chelsea—I knew Mrs. Fox in 56—we kept correspondence together—I have known her up to the present time—I believe she has always conducted herself as a respectable woman; I have always believed her to be so—I gave her away at her marriage.
Cross-examined. I am a brother-in law of Mrs. Woodhams, who was examined yesterday—I know Arthur Street, Chelsea—I did not know Mrs. Fox when she was lodging there—I don't know where she was living from '59 to '62—I don't know that she was then living in Arthur Street, Chelsea, at Mrs. Bowyer's—I never lived in the same house with her—in '57 I went to her wedding—I have seen very little of her since.
Re-examined. I have seen her at different times up to the present time, only in the street as I have passed—she was always dressed respectably—I never saw anything wrong in her conduct.
HENRY ELLIOTT . I am a pawnbroker, and live in Lower Wandsworth Road, Battersea—I have known Mrs. Fox fifteen or sixteen years—she has resided in that neighbourhood about four years—I have frequently seen her—I should say I have never lost sight of her—I have every reason to believe she was a respectable, hard-working, moral woman—she has occupied one of my houses at 43, Hilton Street, and if she wanted another she should have it; I would accept her as a tenant again.
Cross-examined. It was sixteen or eighteen months ago—she had it for eight or ten months—she was not a regular customer at my shop—she occasionally pawned things—I never visited her improperly, I went for the rent—I went to Arthur Street—I knew nothing of her domestic habits more than a tradesman may know seeing her pass and repass, as other respectable ustomers' wives would do walking in the street, at a decent respectable
woman for sixteen years—I knew her husband—I did not know Lester—I never heard of him until this case was got up, or of Hermitage either—I knew Mrs. Fox when she was living at Pimlico—I was in business with my father there, and knew her eight or ten years there—I knew her from pledging things and purchasing things.
COURT. Q. You think you have known and seen enough of her that if she was a street-walker you would have known it? A. I am confident she was nothing of the sort—I have known her since I was a little boy, and I have seen her six times a week at the least, and never saw the slightest impropriety—if I had supposed she was a woman of immoral character, I never would have let her come into one of my houses.
GUILTY of perjury only to protect her shame and not to defeat the ends of justice.— Two Months' Imprisonment.
FOURTH COURT.—Wednesday, January 15th, 1873.
MR. MATTHEWS conducted the Prosecution; and MR. BRINDLEYT the Defence.
ROBERT WOOD . I live at 143, High Street, Shadwell—I am a butcheron the 24th May last the prisoner came to me and gave me this note—"May 24. Mr. Wood,—Sir, will you please for to give to John Brown the sum of 2l. 15s. 6d., and to let him sign his name to this note.—Yours respectfully, Thomas Smith"—I know a Mr. Smith—I detained the note, and prisoner went away without receiving anything from me—I sent one of my men after him to Silvertown to see if the ship was there—he returned with the prisoner and a constable from Stepney, Station—he had said I was to pay Captain Smith of the Helen 2l. 15s. 6d. for the rum, and he told me the ship—was at Silvertown—I did not charge the prisoner, because I did not know whether this note was genuine or fictitious—I saw him again; on the 18th December—he passed my house—I went out after him, touched him on the shoulder, and said "You are a nice fellow, trying to get money out of me; I shall give you in charge; and I believe you are the man that took my friend Mr. Rose in at the same time"—I am positive the prisoner is the man.
Cross-examined. I do not know the hand-writing of Mr. Smith—I gave the prisoner in charge—my man called me on the 18th December and told me that the man that gave me the note was outside—the prisoner was pointed out to me as the man—I did not say when I went to him "I believe you are the man"—I said he was the man, and that I believed he took my friend; Mr. Rose in—I identified him when he was pointed out to me—I am certain I am not mistaken in the matter—I had never been asked to cash a note for Mr. Smith before.
THOMAS SMITH . I am a master mariner—I live at Robin Hood's Bay, Yorkshire—the name of my vessel is the Helen—this note is not in my handwriting, and it was not written by my authority—I have seen the prisoner before, where, I can hardly say, but I rather think he has sailed with me—I am not certain.
say anything to me—I am certain it was the prisoner—in consequence of a communication I received from Mr. Wood, I went to Silvertown—I saw the prisoner at Stepney Station—I went and tapped him on the shoulder and said "Have not you made a mistake? you are getting into the wrong train"—he said "No; I have not"—I said "You are not going by the train," and he went down the steps—I followed him and gave him in charge, and took him back to the shop.
Cross-examined. The man that I took to the shop was not charged—when I was before the Magistrates I spoke of the whole transaction having, occurred four months ago; it was a mistake; it is about eight months ago—I was misunderstood in my depositions.
THOMAS GURNET . I live at 104, Crisp Street—on the 24th May, last—I saw the prisoner at Mr. Wood's shop—he inquired of me if Mr. Wood was in—I said "He was not"—I told him Mrs. Wood was in, and he gave me a letter to give to Mrs. Wood—the prosecutor subsequently returned, and Mrs. Wood gave the letter to him—I am-quite certain the prosecutor is the man who brought that letter to the shop.
Cross-examined. I next saw him when he was given in charge—MR. Wood told me he was in custody,—I saw Mr. Wood give him in charge—he was not placed with other men to be identified, or anything of that kind; not to my knowledge—I have not the least doubt the prisoner is the same man—MR. Wood saw the present prosecutor twice on the day on which he left the letter.
FRANCIS LANGFORD (Policeman R R 15). On the 24th May last I had the prisoner in my charge—I took him to Mr. Wood's shop and saw the prosecutor—the prisoner was not charged at the time—the prosecutor declined.
Cross-examined. I am not the officer in charge of this case—the prisoner denied that he was the same man—I did not hear him say that he was abroad with another vessel at the time—he was committed at 4 o'clock last Saturday, and application was made for the case to stand, over that he might have some witnesses—the name of Captain Vincent was mentioned—notwithstanding that, he was sent here for trial.
Cross-examined. I did not identify him among a number of other men—when I saw him Court I was told he was the prisoner.
Cross-examined. I did not place him amongst a number of other men for identification—I charged him, and he made no reply.
Prisoner. My documents are all away with the ship that has gone—I have lost my clothes and all.
GUILTY of uttering.— Eighteen Months' Imprisonment.
in the "Islington Gazette"—I produce the paper—this is the paragraph—(Read: "Sisterly Affection.—On Wednesday last Mary, wife of Mr. James Powell, of Upper Holloway, and Sarah Baylis, of the same place, spinster, were summoned before the magistrates; at Abergavenny, for an assault upon Annie Bebb, a sister of the defendants, and for committing damages on her premises, Quarella Farm, near Abergavenny. It was stated that the complainant is the sole executrix of the will of Thomas Baylis, the deceased father of the parties, and in connection with this fact the offences charged were alleged to have been committed. Mr. Farquhar, of Abergavenny, instructed by Messrs. Buckler, Millard, and Cayley, of London, appeared for the complainant, and the defendants were also represented by a solicitor. The evidence went to show that the defendants broke fifteen panes of glass in the windows of complainant's house, thus effecting an entry, and then committed the assault complained of, which resulted in the complainant having a black eye, scratched face, and broken tooth. Attempts were made on the part of the defendants to settle the matter privately, but these were positively declined by the complainant, and the Magistrates convicted the defendants and levied a fine, which was paid by Mr. Powell, the husband of one of the defendants, who was present in court during the trial.")—I was present at Abergavenny when my wife and Sarah Baylis were charged before the Magistrates—the Magistrates ordered 15s. damages to be paid for breaking the window, and he fined Sarah Baylis 20s.; at the same time he said he regretted very much that such a case was brought before them—there is not a word of truth in saying my wife was ever summoned for assault—there was no charge of assault against my wife, and no evidence given—I saw Mr. Burden, a pupil of defendant's, in court—the defendant is the brother-in-law of Mrs. Bebb, who was complainant in the summons at Abergavenny—MR. Burden was busy taking notes in Court—the defendant is a shorthand writer—I was present at the Clerkenwell Police Court when the prisoner was committed for trial—the defendant admitted that he was the author of the paragraph, and that he would take the entire responsibility of it upon himself—I withdrew the summons against Burden—MR. Baylis, my father-in-law, died in May—at that time Mrs. Bebb resided with me—my wife was living with me, and so was her sister, sarah Baylis—my attention has since been called to copies of the paper containing the paragraph directed to other persons in my immediate neighbourhood—I have seen copies with a black mark surrounding the paragraph.
Cross-examined by MR. BULLET. The two summonses were heard separately, and on the same day.
Cross-examined. Mrs. Bebb had not a black eye.
SARAH BAYLIS . I am sister of Mrs. Powell, and I have also a sister at Abergavenny, named Mrs. Bebb—I was charged with wilful damage and assault—it is not true that my sister was charged with assault or convicted.
Cross-examined. She was not tried for wilful damage; it could not be so; I broke the glass.
Re-examined. I have admitted all along that whatever was done I was the delinquent.
JAMES BURDEN . I am an articled pupil to the defendant—I was charged with this libel at the Police Court—I heard defendant say that he was the author of it, and would take every responsibility, and then the charge was
withdrawn against me—the paragraph was dictated to me by defendant, and this letter (produced) was sent to the editor of the "Islington Gazette "with it—(Read: "6, Marlborough Road, Upper Holloway, N.—To the Editor of the 'Islington Gazette.'—Sir,—As I was present on the hearing of a case in which some people in Holloway were the defendants, I send you a short report of the same from my notes, for insertion in your paper tomorrow. If you do insert it, please send me four dozen copies of the paper, for which the bearer will hand to you the amount.—I remain, yours faithfully, James A. Burden.")—MR. Rastrick took the letter—I did not see how many papers came back—I have seen copies of this newspaper at defendant's house; about twenty.
Cross-examined. I was sent to Abergavenny by Mr. Wall to act for Messrs. Buckler, solicitors—I went there to help Mrs. Bebb—this letter is not in my handwriting; it is in Rastrick's—I saw Mrs. Bebb, and she gave me an account of what had taken place previously, and also instructions to insert anything in the London paper, as her sisters had threatened to ruin her—I saw the paragraph before it was printed—it was not headed "Sisterly Affection;" it was headed "Assault"—the words "Sisterly affection" were put in by the newspaper proprietors—that is not the defendant's handwriting.
Re-examined. This letter was read over to me in defendant's and Mr. Rastrick's presence, and it was revised by Mr. Rastrick—Rastrick is a clerk—a copy of the newspaper was sent by me to Mr. Powell—I was instructed to send it by defendant—I did not draw the black mark round it; it had the black mark round it when I addressed it—I addressed three besides; four in all to people in the immediate-neighbourhood.
GEORGB RASTRICK . I am a clerk and shorthand writer, and have had some experience in reporting—the defendant is a friend of mine—the paragraph was submitted to me for revision—I did not direct any papers, or send them away.
COURT. Q. Did you write "assault" or "sisterly affection?" A. I wrote assault.
Cross-examined. I read the paragraph over to Mr. Burden, and asked him if it was accurate in every particular in accordance with the notes he had taken, and I got an affirmative reply—I went with the letter to the editor.
Re-examined. The editor did not give me the papers; he said they had better be obtained in the neighbourhood—the paper is published by Mr. William Trounce, opposite the Angel, Islington.
NOT GUILTY .
MR. HOLLINGS conducted the Prosecution; and MR. MONTAGU WILLIAMS defended Roberts.
BAXTER HUNT (City Policeman 599). On the night of Christmas Day, I was in the neighbourhood of the Mansion House—I saw Roberts there—he was alone—I watched him—he went over to the Royal Exchange where the 'busses pull up—while there he was joined by Thomas and another man not in custody—they went behind some 'busses going eastward—I saw them go behind a Blackwall 'bus where a lady and several persons were endeavouring to get in—Roberts went on the right-hand side of the lady, placed his
hands against her dress, and he was covered by Thomas and the man who, is not in custody to prevent observation—they suddenly left, went towards Cornhill, and stopped there about two minutes altogether—they then went over into Threadneedle Street—I did not see whether the lady got into the 'bus—I got upon the top of the 'bus first and asked if there was any one who had lost anything—I then went to the lady, and in consequence of what she told me I went round the Exchange and there saw the two prisoners and the man not in custody all three standing together—I caught the two prisoners, but the other man escaped—I told them I should take them into custody for robbing the lady, and they struggled very hard and tried to get away—I took them to the station and charged them—I then went back to the spot where I apprehended them, and, just opposite the doorway of the Royal Exchange Bondage Vaults, I picked up this purse (produced).
Cross-examined. The omnibus was standing still—it was almost 11. 45—there were about six or seven passengers going by it.
Roberts. Q. Did you see us do anything besides what you have stated before you took us into custody? A. Nothing more than speak to one another.
CATHERINE BLACK . I am the wife of William Black, of No. 54, East India Road, Poplar—on the night of Christmas Day I was spoken to by a detective in the neighbourhood of the Mansion House—this is my purse—I did not know that I had lost it until the detective spoke to me.
Cross-examined. There were a few shillings in it—my pocket was cut.
Roberts. I know nothing about the purse.
Both prisoners also PLEADED GUILTY to previous convictions.
THOMAS**— Seven Years' Penal Servitude.
ROBERTS**— Five Years' Penal Servitude.
NEW COURT.—Thursday, January 16, 1873.
Before Mr. Deputy Recorder.
138. ZACHARIA BASILIUS ZACHAROFF (22), PLEADED GUILTY to unlawfully depositing and pledging, for his own use, 28 cases of gum and 109 bags of gall, value 1,000l., entrusted to him as factor and agent by Manuel Hiphestides.— Judgment respited.
THIRD COURT.—Thursday, January 16, 1573.
Three Months' Imprisonment. She was also charged upon the Coroner's Inquisition with feloniously killing and slaying Arthur Luker, alias Foulkcs , upon which Mr. Piatt, for the Prosecution, offered no evidence .
Before Mr. Baron Pigott.
He received a good character.— Ten Months' Imprisonment.
Before Mr. Justice Mellor.
MR. RIBTON conducted the Prosecution; and MR. M. WILLIAMS the Defence. GUILTY .— Five Years' Penal Servitude.
Before Mr. Deputy Recorder.
MR. LILLEY conducted the Prosecution.
ELIZA TREADWELL . I live at Barking-side—on 7th November my barmaid hung a black stuff dress of mine upon the line—it was missed just about dusk—I never saw anything of it again until I saw it on the prisoner when she came into my house on 28th December—I identified it on her when she came in—I gave her into custody—this is it (produced)—I know it by the watch-pocket on the left breast, that I made myself—I have not the slightest doubt about it.
Prisoner. How many times have I been in your house with that dress on before you charged me?
Witness. I did not know that you had it on or I should have told you of it before—I should have given you in charge if I had seen you.
Re-examined. She did not come into the place—the dress was hung in the meadow, near the cottage where she lives.
JAMES MATTHEWS (Policeman K 294). On Saturday, 28th December, I was called to the Beehive public-house at Barking, and the prisoner was given into my custody by Mrs. Treadwell for stealing this black dress on 7th November—after we left the house the prisoner stated that she bought the dress at a pawnbroker's, named Hockley, three months ago, at Barking—she also stated that it had been given to her by a person she lived with, Mrs. Lake.
Prisoner. I told you I got it from Hockley's; I did not say I got it from Mrs. Lake. Witness. You did.
HENRY CLAYTON . On the evening of 28th December I was at the Beehive when the prisoner was given into custody—her mother came in, and said "What is the mess?"—she said "About this frock that we took off the line."
Prisoner. I said "Mrs. Treadwell charges me with stealing the dress off the line. "Witness. No; Mrs. Treadwell's name was not mentioned.
Prisoner's Defence. I did not take the dress, it is a false statement of the boy; I suppose they have told him to say that They had father locked up, and he had to pay 11s. 6d.; they had not had spite enough, and so I was taken up.
GUILTY .— Two Months' Imprisonment.
143. PATRICK REGAN (23), GEORGE WATSON (36), JOHN THOMAS BRETT (26), and JOHANNA HAYES (27) , Robbery with violence on John Turner, and stealing 2 coats, 13 shillings, and other articles, his property.
MR. HOLLINGS conducted the Prosecution; MR. AUSTEN METCALFE defended REGAN, and MR. RIBTON defended BRETT.
Beckton Gasworks—I lost my work by being knocked about—I was not fit to go back again for some time—on Sunday, the 16th December, I was in Woolwich with a friend, and we were going home from the gasworks when we had done work—my friend met the prisoner Hayes and another girl—I was not with him then, but he called me—we got in company with the two women, and went to their house in Harden Lane—we stayed there till 6 o'clock—we had a wash, and they said they wanted some tea—I gave them 2s. to get some tea—I and my friend left together at 6 o'clock, leaveing the women behind—about an hour after they came to a public-house and called my friend out—he went out and called me, and I went out—they wished to come in, and we called them in—they had some beer, and I had some port wine—they sat down with my friend, and I stood up in the front of the bar—we went to one or two other public-houses, and after that they invited us down to the house—I did not see my friend afterwards—I went back to the same house with the woman—I was sitting down in the room, and the prisoners came in one at a time after I had been there some little time—I handed them some drink, so they walked out, and presently they all three came in with a rush—the woman was at the door, the other girl was gone altogether—I did not see her afterwards—she was gone before the men came in—Watson said "Turn out your b----money"—I said "What do you mean? what have I done? what do you want my money for?"—they said "We want none of your soft talk, we will have it; we must have it; out with it"—I got up, and directly I stood up I was knocked down by Brett—he struck me first—I tried to get to the door, but Hayes held the door, and said "It is all right, there's no one about"—I was struck several times, and kicked in the ear when I was down—I appealed to them, and offered them 10s.—I said "Take this and let me go—give me one coat and let me go!"—they said "No, you b----, we will have all"—they took 13s., two coats, a pair of boots, and a parcel with a muffler, and other things in it—I identify all of the men—I can swear to them—I was very nearly blind the next morning—a boy came in, and I took him by the hand when the prisoners rushed out, and he said "I know them all."
Cross-examined by MR. METCALFE. It was close on 11 o'clock—there was a candle and a fire in the room—I was sober, and described the men at the police-station the next morning—I never saw them before that evening, but they came in and out, so I had cause to know them.
Cross-examined by MR. RIBTON. I could not say their names—I know which is Brett, and was certain about them the next morning—I picked them out in a moment—the constable pointed Regan out to me—he asked me if I knew the man, and I said "Yes"—all the men struck me—I said before the Magistrate, "Brett held the door while the other two men robbed me"—that is correct; they did rob me—Brett held the door—I got to the door, and I was knocked down—he might have been holding the door some minutes, but I was close by him—they stripped my coat off—I got up once, and the man that held the door knocked me down—I was not drunk at all—we had been in three public-houses—I drank nothing but port wine—we had been drinking in each public-house with the two women—I daresay I spent a few shillings, three or four, no more—I have been a gentleman's servant, and, at that time, I was stoker at the gasworks—I am not married—I had never seen Brett before that night—I saw him in custody at the police-station afterwards—the policeman asked me to go and see the man—he said, "Do you know that man? and I said, "Yes"—no one else was there.
Hayes. Q. Did not you leave your coat and boots at my place? A. No, I left them in the other girl's room—I left nothing in your place at all.
Re-examined. When I left at 6 o'clock I left my things in another house, not in her house—the room I returned to was this woman's room.
PATRICK CRONIN . I live with my father at 17, Lower Market Street, Woolwich—I was twelve years old on New Year's Day—I know Harden Lane—on Sunday night, 15th December, I was down at my sister's, at the top of Harden Lane—I heard Mr. Turner call out murder, and I ran down to 7, Harden Lane—I went inside, and I saw Hayes holding the door—she opened the door, and said "It is all right, there is no one coming; he has got plenty of money"—Watson was holding him, and Jack Brett, and they were punching him and asking him for the money—he offered them 10s. to let him go, and they said, "We want all, or else we will kill you"—I was looking in at the window—I saw all four prisoners—Hayes fetched the men in—I knew Brett and Regan before, but not Watson—they ran away at the back, and Mr. Turner came across and caught hold of my hand, and we went to the Arsenal to get a policeman—we went to the station and got a policeman, and went to the place—we found the boots and the coat under the woman's bed.
Cross-examined by MR. METCALFE. My sister lives at the top of Harden Lane—it is a good distance from Lower Market Street, but I never measured it.
Watson. Q. Were you at your sister's when you heard the hallos? A. Yes, I was just knocking at the door; I did not wait no longer, and went to see what it was—I had not gone into the house, because they were in bed—I never knew you before, but I knew you when you were knocking Mr. Turner—I did not know what your name was—I was against the door, and looking through the window—he offered you all 10s., and you said, "No, I want it all"
Cross-examined by MR. RIBTON. I forget the time—I only came to tell my evidence what I saw them do—I did not think you would ask me what the time was—I did not say before the Magistrate I was at my sister's house, I said I was down at my sister's because my father was at Deptford—I said then it was between 10 and 11 o'clock, but I forget now what the time was—I was looking in at the door when it was open, and when the door was shut I looked in at the window—the woman was standing outside, holding the door—the window was at the side—when I heard her say it was all right I ran to the door to look.
EDWARD COUSINS (Policeman R 303). On Sunday night, 15th December, I was on duty in High Street, Woolwich—about 12.30 the prosecutor came to me, and complained of being robbed and assaulted—he was bleeding from the mouth and nose and ears, in fact, he bled two days afterwards from the ears—in consequence of what he said I went to 7, Harden's Lane—Cronin and the prosecutor were with me—I knocked at the door, and the female prisoner answered it—we went in, and as soon as the prosecutor saw her he identified her as being the woman that assaulted and robbed him—I searched the room, and under the bed I found a pair of boots and a coat—she was then given into custody—the room was strewed with blood—the prosecutor gave me a description, and by that I went in search of Brett, but I could not find him—he was apprehended the next morning, and identified at the police-station—previous to that, about 11. 15 the same night, Regan was given into my custody for an assault on another person—
the Magistrate did not deal with that case—he was identified by the prosecutor about 11 o'clock the next morning, but I was not present then.
WILLIAM MORGAN (Detective R 155). I had received information, and, about 10 o'clock on the morning of the 16th, I met Brett on the Market Hill, Woolwioh—I told him I should take him into custody for being concerned with a woman, who was in custody, and some men, in stealing some clothes and money from a man last night—he said "I can prove I was in bed at 9. 55"—I took him to the station—the prosecutor was not there, and I went; in search of him—I found him in High Street—I went down to a public-house where I saw Watson—I called him outside, and told him I should take him into custody for being concerned with others last night in stealing a coat and some money—he said "I know nothing about it"—I said "You had better come to the police-station to see the inspector"—he came quietly with me—the prosecutor was at that time standing at the opposite side of the street, and he identified him as being one of the men—I went to Watson's house, and his wife handed me a coat as I was searching his house; the coat which the prosecutor has on—she told me she picked it up in front of the door in the morning about 6.30—I placed Brett amongst several other prisoners who were in custody, Regan being one, and the prosecutor picked Regan out, he being there on another charge—Brett then was let go, but from what the boy Cronin said afterwards, I apprehended him again at 12 o'clock—he was then charged with the other men, and the prosecutor said then he was certainly the man—I brought Cronin in to identify Watson, and he picked out another man.
Cross-examined by MR. RIBTON. I took the prosecutor to see Brett—I had no idea that Regan was one of the men—I told him I had apprehended a man, and I wanted him to come and see him—he came and looked at him and picked out Regan, and said nothing about Brett, and he was discharged—when I took him again, I told the prosecutor I had taken another man, and brought him to see him—he did not pick him out—I did not bring him forward to identity him in the same manner as I did before, because Cronin had positively sworn to him—he was standing in the dock the second time, when he was mixed with others, he failed to identify him, and when he was standing in the dock he said that was the man.
Watson. Q. Did you not hear that Watson's wife had found a coat in the passage? A. No, your missis told me that she picked the coat up in front of the door in the passage—I did not hear it reported at the public-house.
Witnesses for the Defence.
MARY CONNOR . I am a widow, and live at 67, High Street, Woolwich—I have known Brett this ten years—he lodges at my house, and is a costermonger by trade—I remember the Monday he was taken into custody—the day before that, Sunday, he came home about 10 o'clock at night—he waited about five minutes and then went to bed—I looked at the clock, and am quite positive it was 10 o'clock—James Connor is my son.
Cross-examined. I look at the clock every night when I am in my own room—I was examined before the Magistrate.
custody he came home about 10 o'clock—I followed him in from the street, it was about 10 o'clock, as near as I can possibly guess—he was to bed first—he went into the kitchen, took a light, and went to bed—my mother was in the kitchen—I was out for about half-an-hour, close by the house—I went to bed at 11 o'clock—he was in bed then and asleep—I was examined before the Magistrate.
Cross-examined. I had been walking about Woolwich that night—I saw the clock about 10.
GEORGE BUTRESS . I am a labourer, and live at 7, Rope Yard Rails, Woolwich—on Sunday, 15th December, I was with Regan from 1.30 till a few minutes to 10 o'clock—I left him in company with eight or nine other young fellows who work at Mr. Henley's telegraph works, the same as I do—Regan lives at the same house that I do, in the room under mine—I had to go to work the next day, because I was on the day shift, and he was on the night shift, so I bid him "Good night," and went home—I can't say what time it was he came indoors, but he came up to ask me for the key of his room, which his mother had left with me—I heard a row afterwards, and said "Who is there?"—they said "Police"—the police came and took Regan, and looked him up on the charge of assaulting a man who keeps a pieshop at the corner of Giles Street.
JAMES HART . I live at 28, High Street, North Woolwich—I am an engineer at Messrs. Henley's gasworks, where Regan was employed—on 15th December I was with him all the evening till 11 or 11.30, or it might have been a little later, I am not sure—another man was with him—we were at two houses; the first house where we met was the Union beer-house—we stopped there till just on 10 o'clock, and went then to the Coat and Badge—when they closed I was going across the water, and I had lost the boat; the prisoner was going to find me a lodging at his house—I saw the policeman fetching him from the direction of his house—I had left him about two minutes, to see if I could get a waterman's boat to row me across the water.
Cross-examined.—I was with him the whole of the evening—I left him at Market Hill, close to his house—I ran down to the water-side, and ran back to tell him I could not see any boat, and I saw him leaving the house with the policeman—there were nine or ten of us in the boat and barge—I was sitting alongside of him all the time there, and he did not leave the place up to the time he went home.
JAMES HART . I saw Regan on the 15th, about 8 o'clock, at the Union beer-house, with James Hart and Butress—we stayed there till 9.30, or 10 o'clock, and then went down to the Coat and Badge—I went up stairs, and I saw Regan there too—he stopped there till closing time, 11 o'clock—we came out, walked up High Street and Beresford Street, to a little gingerbeer shop, and stopped talking about ten minutes—I wished Regan good night, and went home.
Cross-examined. It was just about half-past 11 o'clock when I left him, and I was with him from 8 o'clock—there were eight or nine of us together—Regan came into the beer-shop—I was in before he came in, and then about 10 we went to the Coat and Badge—I did not know Regan was taken into custody—I did not see him commit an assault that night, and I had seen him from 8 till 11.30—I saw him come down the stairs at the Coat and Badge with a lot of them at 11 o'clock.
Watson in his defence stated that he had nothing to do with the robbery, but
that his wife picked up the coat in the passage the next morning. HAYNES in her defence stated that the boots and coat were left with her by the other girl to take care of; that the prosecutor and his mate had a fight in her room; his male struck the prosecutor in the face, and cut him, and that was how the blood came in the room; that there was no row in her room only between the prosecutor and his mate, and that she never saw the little boy at her place.
REGAN and BRETT received good characters.— GUILTY .— Five Years' Penal Servitude, and Thirty Lashes each.
WATSON.— GUILTY .— Seven Years' Penal Servitude, and Thirty Lashes.
HAYES.— GUILTY .— Five Years' Penal Servitude.
MR. MEAD conducted the Prosecution.
FREDERICK JAMES CHATFIELD . I am a wood hawker, of Deptford—on 26th December I saw my wheelbarrow safe in my yard, and missed it the next afternoon, between 4 and 5 o'clock—it is worth 30s.—I saw it again at Mr. Marion's.
Prisoner. Q. Did you ever see me before? A. No; but I know that you and your friend, John Roland, were in my yard on Boxing Day—I have had a note from Roland's father and mother, saying that if I looked after you I should find the barrow, and that I should find it at Croydon—I have had a fortnight's trouble about it, and I have walked one hundred miles after it—I do not know where Roland is.
HENRY MARION . I am a wheelwright, of Croydon—I know the prisoner—on Friday evening, 27th December, he opened my door and said, "Harry, will you buy a barrow?"—there was another man with him whom I did not know—I said, "I don't want no barrow; I have trouble enough with what I have got; what do you want for it?"—he said "15s."—I said, "Perhaps it is stolen"—he said, "You have known me long enough to know I should not do that"—I have known him two years—he said, "I should not sell it, only I am hard up"—I asked the man with him if it was his—he said, "Yes," and that he had bought it at Tunbridge Wells—the prisoner said that the other man picked him up at Norwood, and asked him if he could sell the barrow—I paid 12s. for it, and I think I paid it to the prisoner, and gave him 1s. for himself, because the strange man never came inside my shop—they placed the barrow in front of my shop, and I went indoors; when I came out again it was gone—I ran along the road, received information, and found the barrow thrown over an embankment—I took it home, and kept it for a week.
Prisoner. Q. Did not you state at Croydon that you paid John Roland the money? A. No; I was not asked—I did state at Deptford that I did not know which of you I paid it to, but I am since of opinion that I gave the money into your hands, because the other man was in the road.
JOHN PANTON (Policeman W). I took the prisoner on 5th January, and charged him with stealing a barrow—he said, "Harry Marion has got the barrow; I was over at Deptford on Boxing Day with John Roland, and the barrow was sold—I thought it belonged to John Roland.
Prisoner's Defence. I was tried for this at Croydon, and got acauitted. I have no previous convictions against me. I saw Roland with the barrow, and thought it was his.
HENRY MARION (re-examined) "After I had purchased the barrow I went out in a quarter of an hour, and it was gone—I charged the prisoner at Croydon Police Court with stealing it from me, and he was acquitted of that.
NOT GUILTY .
MR. HOLLINGS conducted the Prosecution.
HARRY HOLMES . I am a bombardier of Royal Artillery, quartered at Woolwich—the prisoner was the driver of my battery—he slept in my room—on the morning of the 30th he was absent—a Government clock was missed, and I missed my silver watch from my box at dinner time—I cannot Bay whether any one had Been in that room when I was away on duty, but there was a man in charge—the box was not locked.
Prisoner. Q. How many men slept in the room? A. Twenty-three.
JOHN BATT . I am a corporal in the same regiment, and had charge of the room where the prisoner slept—on 30th December I missed a clock, which was Government property, at 10. 30 a. m.—I had seen it at 9 o'clock.
THOMAS LYNCH . On 31st December I was a prisoner in the guard-room, the prisoner was also there under arrest—he told me he was charged with stealing a coat, a cap, and a watch, and that he sold the watch for 30s—he did not say what he had done with the coat.
Prisoner. Q. Were not we chaffing one another when I said that? Did not one say, "Did you get 10s?" and another, "Did yeu get 20s?" and another, "Did you get 30s?" and did not I say, "That is it?" A. No.
COURT. Q. Do you mean that he told you solemnly that he sold it for 30s?. A. Yes—I was under arrest for neglect of duty, but I was released.
JOHN WALING . I am a driver in the Royal Artillery—on 31st December I was under arrest for not showing my leave to a non-commissioned officer—the prisoner was brought in in the morning, and I heard the other prisoners ask him what he was in for—he said for stealing a watch and a clock, and that he made away with the watch for 30s.
COURT. Q. Were they chaffing him, and asking him what he got for the watch? A. I don't believe they were—I mean to say that he deliberately confessed that he had sold the watch for 30s.?—no one said, "Well, Coleman, did you get 30s. for it?
JOSEPH Moss (Policeman R 151,). On 31st December I was on duty when the prisoner was brought to the station—I heard him charged—he made no answer.
Prisoner's Defence. We were chaffing together, and one of them happened to hit upon 30s. for the watch, and I said, "Yes; that's it"
NOT GUILTY .
MR. HOLLINQS conducted the Prosecution.
wedding ring on the mantelpiece, and she said, "You have left your wedding ring on the mantelpiece"—I said, "It will take no harm"—she left about 2 o'clock, and I missed the ring directly afterwards—no one else had been there—it was worth 14s. 6d.—I saw the prisoner again about 4 o'clock that afternoon, and she was drunk—I communicated with the police—this is my ring (produced).
Prisoner. I made no remark on the ring, but you remarked that John had been playing with it during his dinner, and he might have hid it.
PATRICK DAVIS (Policeman R 238). On 2nd January I went to the prisoner's residence, 3, Ebenezer Cottages, Plumstead Common, and told her that she was going to be charged with stealing a wedding ring from the bed room of the prosecutrix, who was with me—she said, "I know nothing about it," but afterwards she said, "I took the ring in a lark, and afterwards dropped it"—after that she said, "It is no use my deceiving you any longer, I have pledged the ring for 4s. at Mr. Boyce's, in the name of Maclvor—I went there and found it.
GUILTY .—She was further charged with having been convicted at Maidstone, in February, 1867, to which she PLEADED GUILTY.**— Two Years' Imprisonment.
MR. HOLLINGS conducted the Prosecution.
GEORGE MARSHALL FRIEND . I am a linen-draper, of 97, High Street, Deptford—on 2nd January, about 1 o'clock, I missed a waterproof cloak which was just inside my shop—it was safe fire minutes before—a communication was made to me, and I saw the prisoner on the opposite side—she appeared to be bulky, and I sent my young man over to her, and the cloak was pulled from under her arm—she said, "Don't look me up, another girl gave it to me"—I said, "I shall," and she ran away—I ran after her, and gave her in custody—this is the cloak; it is my property, and worth 19s. 9d.
Prisoner. I really did not take it—a girl gave it to me, and asked me to hold it, as I was standing opposite the shop, and I was stupid enough to do so—I waited a quarter of an hour with it opposite this very shop.
Witness. I had seen it safe five minutes before—there was no other girl outside—you were walking along by yourself quite fast—it is false to say you were standing outside a quarter of an hour.
COURT. Q. Is your shop in the main thoroughfare? A. Yes, in the High Street—the cloak was tied up with string and a large pin—if any body took out the pin they could get the cloak—nothing else was hanging up.
JOHN WHITE (Policeman R 144). On 2nd January I was on duty in High Street, Deptford, about 1. 5, and heard a cry of "Stop thief!"—I followed into Dudley Street, where Mr. Friend had the prisoner by the arm—he charged her with stealing the cloak—on the way to the station she denied taking it, and said that a girl gave it to her—I asked her what girl—she said she had never seen her before.
Prisoner's Defence. I really did not take it.
NOT GUILTY .
Before Mr. Deputy Recorder.
MR. COOPER conducted the Prosecution; and MESSRS. STRAIGHT and HUMPHREYS the Defence.
EDWARD HACK DALTOK . I am a member of the firm of Alfred Gilkes and Co., silk manufacturers, of 28, Stewart Street, Spitalfields—on 15th November last I was at White's Union Hotel, Glasgow—after selling what silk I did at Glasgow, I had twenty pieces left, and some remnants that were used as patterns—amongst them were three pieces that I could positively speak to, but I know them all from the numbers on the rollers—I packed them in a leather case secured by straps and a padlock, locked it, and sent the key home by post—I gave orders to the boots to take the case to the railway—I next saw it on my return to London at the end of the following week—the straps were then out, and the case empty—among the pieces I had packed were three numbered 10, 244, 10, 226, and 12, 297—it is my custom to mark the length on the end of the piece in pencil—these (produced) are the three pieces—they were manufactured for us, and these are some of our pieces of paper that were with them—the value of No. 10, 226 is about 5s. a yard, and the others about 3s. 9d/.—these are the rollers on which the silk was rolled.
JOSEPH BENNETT . I am a plain-clothes constable in the employ of the Great Northern Railway—I go on duty at 9 o'clock at night—on 17th November last, I went on duty at 9 o'clock at the King's Cross goods yard, and remained there till 9 o'clock next morning—I saw there a Great Northern box truck, No. 9, 423, labelled "From Sidehill, Glasgow, to Royal Mint Street"—it was sealed on both sides—I last saw the seals safe at 10. 30 that night—it was at the end of the down goods shed—there were trucks from Batley standing on another line close by—in order to go to Royal Mint Street the trucks would have to go to the North London Junction and to Poplar.
CHARLES BELLAMY . I am checker at the Royal Mint Street Station of the Great Northern Railway—on 18th November last, I was on duty at that station, and received a box truck, 9, 423, from Glasgow to King's Cross—both the seals on the truck were broken off; one at each side; the tape was left on one side—I caused the truck to be opened and examined, and saw a lot of loose papers, those produced, I believe, likewise a piece of silk from one end of the truck to the other, curled and tumbled about anyhow—I went and fetched the clerk, and he gave orders to Day.
THOMAS DAY . I am a constable, in the employ of the Great Northern Railway at King's Cross—from information I received on 18th November, I went to the Royal Mint Street Station, and was there shown a truck from Glasgow, No. 9, 423—I examined it, and found a piece of cloth there similar to one that was missing from a Batley truck that had been in the Great Northern goods yard—I also found these eight pieces of paper and two wooden rollers with labels at the ends—I found in the truck this leather case lying open with the straps out—it contained nine pieces of silk, and some outside—I afterwards delivered that silk at Messrs. Gilkes' premises—I compared the piece of cloth with a bale in a van at
King's Cross which came from Batley, and they corresponded exactly—that bale had been broken open.
JOHN CROOME (Detective Sergeant). On Sunday 22nd December, from information I received, I went to the prisoner's house, 58, Great Dover Street, about 4.30 in the evening, with Sergeants Dowdell and Bell—a female opened the door, and the prisoner was called—I told him we were detective officers, and that we had information that he had stolen the property in his house—he made no reply at the momentI said "I am referring to silk, umbrella silk"—he said "Tea, I have some silk"—I said "Where did you get it?'—he said "I bought it of a man," or "A man brought it here"—I said "What did you give for it?"—he said "I gave 18d. a yard for it"—I told him we should have to take possession of it—he then went up stairs and we followed—he went into the first floor front room, which was then being used by his wife as a bedroom—he said to his wife "The police have come after that silk, what shall we do?"—he was then crying very much; the place was in great confusion; his wife got out of bed—we then went up stairs in search of the silk; being dark he was asked for a light, and while the house was being searched by Bell and myself, Dowdell took charge of him—Bell called out to me "Here is the silk"—I heard the prisoner say to Dowdell, "There it 140 yards; I gave 8l. for it"—he afterwards said it was a little over 10l.—I told him unless he could give us a more satisfactory account we should have to charge him—I then said "Our information also refers to a quantity of other stolen property; we must search your stable"—we then proceeded to the stable, which was in Trinity Place, about half a mile from the house—we could not gain admittance—he said "This is where I bought the silk; the man had it under his arm"—I said "What man, who is he?"—he said "I think his name is Clark"—I said "Where does he live?"—he said "I don't know"—I asked who Clark was—he said "He is in the waste paper line; I have done business with him in the Strand"—he said the silk was bought about a fortnight or three weeks ago—he was then taken to the station and charged—I have measured the silk—there is 151 yards 26 inches—it is in four pieces—a short length has been cut off.
Cross-examined. The premises at 58, Dover Street, consists of a dwelling-house over a shop—I don't know that the prisoner at one time carried on business in the shop as a coal-dealer and green-grocer—I have been informed so—it is new let to somebody else, and he lives in the upper part of the house—his wife was in bed in the first floor room—he said "I beg of you to be quiet, as my wife hat just been confined"—I did not hear him ask his wife where the silk was—the room where it was found was on the second floor—I was not present when it was actually found—I went up to Bell, just as he got possession of it—I did not see a cart and light van at the stable then—I did on a previous visit to the yard—the van had the prisoner's name and address on it—I did not go into the stable—when we found it locked he offered to break it open for us.
really did not know—he asked his wife, and lie asked another person—he appeared in great confusion—he did not appear to know where it was—I took him into the first floor back-room, a sitting-room—I heard Bell say the silk was found; after that I asked the prisoner who the man was that he bought the silk of—he said at first he did not know—I asked what his name was, where he lived—he said he did not know—he afterwards said he believed his name was Clark, and he had done business with him before in the Strand—he said "I gave him 18d. a yard for it, about 140 yards"—I said "But this silk has been at your stable"—he said "Yes, a man brought it to me while I was at the stable, under his arm"—I asked him if he had any receipt—he said "No, but if I was let out I could find the man I bought it of in two or three days"—he said he paid 1s. 6d. a yard for it, about 8l. altogether, and afterwards he said it was 10l. odd.
Cross-examined. He was very much agitated, and so was his wife—when he went into her room he asked where the silk was, and he also asked another female.
ROBERT BELL (Detective Sergeant M). I accompanied the other sergeants—I found this silk in a cupboard in the second floor front room—there were three beds in the room and one, a boy's bed, lay against the cupboard; I pulled it on one side, opened the door, and found the silk—I have known the prisoner for fourteen or sixteen years—he formerly kept a greengrocer's shop—it is now turned into a china warehouse—lately I have seen him with a cart and a four-wheeled van and waste-paper bags—whether he was in that profession I don't know.
Cross-examined. He has not been living in the same place all the time I have known him; he was in Union Street, and then in the Dover Road—I have known him, but never spoke to him—I saw the van at the stable that I have seen him driving about—it had his name and address on it; and there was a horse there—the stables ire rented by a man named German, he rents only one stable.
Several witnesses deputed to the prisoner's good character, but Sergeant Smith City Detective, stated that he had seen him in company with a person named Cassabiancaf who had been twice convicted at this Court.— GUILTY .— Eighteen Months' Imprisonment.
There were three other indictments for burglary against the prisoner.
Before Mr. Deputy Recorder.
MR. POLAND conducted the Posecution; and MESSBS. BESLEY and MONTAGU
WILLIAMS the Defence. In this case the Jury, being unable to agree upon a verdict, were discharged, and the trial postponed until the next Sessions.
MESSRS. POLAND and ELLIOTT conducted the Prosecution.
EDWARD BRABROOK . I keep a beer-house at 16, Peacock Street, Newington Butts—on 21st December, about 5 o'clock p. m., I served the prisoner with 2d. worth of shrub—she gave me a bad florin—I told her it was bad, and she tendered a good one—I told her that she passed a bad half-crown to me on the Sunday before, and that I must find the man she got the bad money from—I gave her in charge with the florin.
Prisoner. Q. I did not give you a bad half-crown on the Sunday before; if I did, why did not you report me at once? A. I did not detect it till after you had gone; I was so busy at the time.
CHARLES POGGS (Policeman L 64). I took the prisoner and told her the charge—she said "A gentleman in the streets gave it me to go with me"—I took her to the station—Collins afterwards gave me a florin.
ANN COLLINS . I am female searcher at Anchor Street police-station—on 21st December I searched the prisoner—she was all undressed except her boots and stockings, and when one of her boots was taken off a bad florin tumbled on the floor—she said that she did not know it was in her boot—she had the money in her bosom, and it must have rolled into her boot—her boots had tight springs, and the florin could not have got in—I gave it to the inspector.
Prisoner. The money was really not in my boot, and I told her so; it must have dropped from me; I had it in my bosom, where I always put it.
Witness. I am quite sure it was in her boot—she was all undressed, and I found nothing; but when her boot was taken off, the florin rolled on the floor—she said she did not know it was there.
GUILTY .*— Twelve Months' Imprisonment.
MESSRS. POLAND and ELLIOTT conducted the Prosecution.
MARY ANN ORCHARD . My father keeps a linen-draper's shop at 96, Lambeth Road—on Saturday, 4th January, I served the prisoner with a reel of black cotton; she gave me a bad shilling—I said "Give me back my cotton, this is a bad shilling"—she gave me a half-crown, and said "That is good"—my mother came into the shop and called a neighbour, who said "This is the girl who gave me a bad two-shilling piece a fortnight ago"—my mother gave her in charge.
MARY ORCHARD . On 4th January my daughter said something—I went into the shop and she gave me a bad shilling, saying the prisoner gave it to her—I looked at the plaintiff, and fetched a woman from next door, and I said she was the person who gave me a bad florin a fortnight before—that was on 22nd December, between 8 and 9 o'clock, when I served her with a pair of garters—she gave me a florin, and I gave her 1s. 9d.—I kept the florin in a little box, and afterwards gave it to my son with three shillings to pay for something—my son returned with the florin, which was cut, and said that it was bad—I gave the florin and shilling to the constable—I am quite sure the prisoner is the person who was there a fortnight before.
SAMUEL ORCHARD . On 21st December my mother gave me a florin and three shillings, and sent me to Mr. Matthews, a silversmith, who broke the florin, and said it was bad—he gave it back to me, and I took it to my mother.
WILLIAM FALCONER (Policeman II 312). On 4th January the prisoner was given into my custody—she said she knew the shilling was bad, but she was innocent of passing the florin—these are the coins (produced); the florin is broken in two—I am sure the shilling is bad.
Prisoner's Defence. I am not guilty of the 2s. piece. I had 4s. given me by a gentlemen, and 6d. I spent.
NOT GUILTY .
MR. GOODMAN conducted the Prosecution.
THOMAS ROLF . I am ten years old, and live at 3, Little Eeppel Street, Chelsea—on 9th December I had been to Tooting, and had got a halfsovereign in gold from my father's master—the prisoner said to me, "Halloa, my little man, where are you going to?—I said, "To Victoria"—she said, "I am going there; let me hold your money till I get to. Victoria, and then I will give it to you"—I let her hold it—I did not intend to give it to her; she took it out of my hand—I asked her for it back again, and she said, "Wait a moment, till I get a little further, and then I will give it you"—I could not get it from her; she would not give it to me—I followed her, and saw a policeman by the Red House public-house—I halloaed out, "That woman has got my money," and the cabman called to the policeman—that was an hour and a half after she took my money, but I had not lost sight of her during that time.
Prisoner. I was going from Balham to Tooting. You asked me to show you the way, and I did so. I went and did my business, and met you again with three or four boys of your own age, with something in your hand in a newspaper. I asked you whether you had anything to eat since you left home; you said, "No," and I bought you a bun. You asked me to pay for your train, and gave me your money to do so, and then you cried and said I had your money.
Witness. You did buy me a bun; there were no other boys with me—I had a half ticket; I had been from Tooting to Victoria, and took a return ticket; I told you I was going to the station at Tooting, and you said you would go with me; we went by the train; it was at Tooting that you asked me for the money; the Red House is at Chelsea; after we got out of the train at Victoria, you asked me to call a cab for you, and asked me if I would ride in it with you; I did so because you had got my half-sovereign; you stopped the cab at the Red House, Chelsea, to get some rum and water, and I got out so that you should not run away with my money, and when you were going back into the cab the cabman called a policeman; I should not have gone into the cab if you had not had my money.
JAMES PEACOCK (Policeman V. P.) I took, the prisoner at the Red House—the boy was crying at the door and saying, "The woman has got my money"—she said that she knew nothing about the little boy—she had not got his money—I took her to the station in the cab—she had on her a return ticket to Balham, a penny, and two pawntickets—she had no gold about her—I asked at the Red House whether she had changed any gold, and she had nut—the female searcher searched her—when I got to the cab door
saw the prisoner put her hand to her mouth, and I believe she put the half-sovereign into her mouth—she did not pay the cabman, she had no money.
JOHN DUNCOMB . I am a cab-driver, of 21, Croydon Street, Marylebone—the prisoner and a little boy hailed me by the Victoria Station, and said "How much to King's Road, Chelsea?"—I said "A shilling"—she said "You don't mind this little boy riding with me, he is going the same way"—I stopped and asked her where she wanted to go to, and she said "Pull up, I am going to have two pennyworth of rum warm"—she asked me to have some—I went to the door with her, and she said that she wanted to lose the' boy, but he was very artful—she said she would give me half-a-crown to go back again—she went down Sloane Street to the Red House, and I followed with the cab, as I thought she intended losing me—I pulled up and she said "When I get into the cab, you drive off as quick as you can"—the boy halloaed out "That woman has got my money, master"—a policeman came up and put her into the cab, and I drove her to the station.
GUILTY .— Two Years' Imprisonment.
MR. SAFFORD conducted the Prosecution. HADGI OMAR (through an interpreter). I am an artist, performing at the Crystal Palace, and live at the Queen's Head, Borough—on Saturday afternoon, 28th December, I was outside London Bridge Station looking for the Turkish Bath—I had a chain round my neck with two balls attached to it—the prisoner held me by my turban with one hand and snatched at the chain with the other, and one of the balls remained in his hand—this is it (produced)—he ran away—I ran after him, and gave him to the police.
Prisoner. I never struck him—I was drunk—I do not know what I did to him. Witness. You did strike me.
CHARLES ALBERT NASH . I am a clerk, and live at 40, King's Road, Peckham—on 28th December, between 3 and 4 o'clock in the afternoon, I was outside London Bridge Station, and saw the prisoner and prosecutor struggling outside the Turkish Bath—the prisoner made a bolt across to a new street—I seized him, and the police were called—I saw a ball in his hand, and corresponding balls to it on the prosecutor's chain.
Prisoner. Q. Was I drunk? A. I should say you had had something to drink.
FREDERICK BEAUMONT . I am a teacher of music at Percy Circus, Pentonville—on 28th December I was walking a little behind the prosecutor, who was going along in an inoffensive manner, and just by the Turkish Bath the prisoner seized him by the fez, and clutched his hair at the same time, and with the other hand he grasped at his chain and broke it—they closed and grappled, and rolled in the mud together—the prosecutor then seized the prisoner by the throat, and they went down again—I then got up to them, seized the prisoner by the collar, and Mr. Nash seized him on the other side—in a minute or two two policemen appeared, and we gave him in custody—the prosecutor wrenched his hand open, and a gold ball was found in it—he appeared to have been drinking, but not to excess—he knew perfectly well what he was about.
not going to be knocked about by a b----y old Turk"—he had a ball in his hand, and I said. "If you did not intend to rob him, how did you become possessed of this ball?—I found on him at the station a halfpint bottle of rum six rings. 1l. in gold. 6s. 6d. in silver, and a ticket for North Shields.
Prisoner's Defence. I was paid off the same day. The first time I saw the ball was at the station. The old Turk hit me and I hit him again.
NOT GUILTY .
ADJOURNED TO MONDAY, 3RD FEBRUARY, 1873.