Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 21 October 2014), April 1856 (t18560407).

Old Bailey Proceedings, 7th April 1856.

THE

WHOLE PROCEEDINGS

On the Queen's Commission of the Peace,

OYER AND TERMINER, AND GAOL DELIVERY,

FOR

The City of London,

AND GAOL DELIVERY FOR THE

COUNTY OF MIDDLESEX, AND THE PARTS OP THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION

OF THE

CENTRAL CRIMINAL COURT,

Held on Monday, April 7th, 1856, and following Days.

Before the Right Hon. DAVID SALOMONS, Lord Mayor of the City of London; Sir Cresswell Cresswell, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir Charles Crompton, Knt., one of the Justices of Her Majesty's Court of Queen's Bench: Sir Chapman Marshall, Knt; Sir James Duke, Bart., M.P.; Thomas Challis, Esq., M.P.; and Thomas Sidney, Esq., Aldermen of the said City: The Right Hon. James Archibald Stuart Wortley, Q.C., M.P., Recorder of the said City: Sir Robert Walter Garden, Knt; Sir Henry Muggeridge, Knt; and William Lawrence, Esq., Aldermen of the said City: Russell Gurney, Esq., Q.C., Common Serjeant of the said City; and Michael Prendergast, Esq., Q.C., Judge of the Sheriff's Court: Her Majesty's Justices of Oyer and Terminer and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.

RICHARD HARTLEY KENNEDY, Esq., Ald.

WILLIAM ANDERSON ROSE, Esq., Ald.

Sheriffs.

DAVID HENBY STONE, Esq.

JAMES ANDERSON ROSE, Esq.

Under-Sheriffs.

CENTRAL CRIMINAL COURT

SALOMONS, MAYOR. SIXTH 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.

LONDON AND MIDDLESEX CASES.

OLD COURT.—Monday, April 7th, 1856.

PRESENT—The Bight Hon. The LORD MAYOR; Sir CHAPMAN MARSHALL, Knt., Ald.; Sir JAMES DUKE, Bart., M.P., Ald.; Mr. RECORDER; and Sir ROBERT WALTER CARDEN, Knt., Ald.

Before Mr. Recorder and the First Jury.

398. DAVID HART , unlawfully conspiring, with Frederick Cruse (not in custody), to cheat and defraud Thomas Elam.

(MR. LAWRANCE, for the prosecution, offered no evidence.)

NOT GUILTY .

399. JAMES MAYLARD was charged, upon three indictments, with embezzling 9 sums of money, amounting to 74l. 16s., of Jeremiah Coleman and others, his masters: to all which he

PLEADED GUILTY . Aged 42.— Four Years Penal Servitude. (MR. PARRY, for the prosecution, stated, that the prisoner had been five years in the prosecutor's employment; that his salary was 200l. a year; that the amount he had embezzled exceeded 1,200l.; and that he had endeavoured to conceal his misconduct by substituting false accounts.)

NEW COURT.—Monday, April 7th, 1856.

PRESENT—SIR JAMES DUKE, Bart., Ald.; Sir ROBERT WALTER CARDEN Knt., Ald.; and Mr. COMMON SERJEANT.

Before Mr. Common Serjeant and the Fifth Jury.

400. JAMES JOHNSON , feloniously uttering 5 forged requests for the delivery of goods; with intent to defraud: to all which he

PLEADED GUILTY . Aged 32.— Confined Twelve Months.

401. LIONEL YATES , stealing 9 yards of silk, value 3l.; and other goods; of Charles Cowper Arnott and another, his masters: to which he

PLEADED GUILTY .* Aged 23.— Confined Twelve Months.

402. DIANA BURMAN and SAMUEL HIGGINS , stealing 1 gelding, price 8l.; and other goods, value 11l.; of Charles Smith.

CHARLES SMITH . I am a carrier, and reside at Waltham Abbey. On Saturday, 15th March, I came to London with my goods—on returning I stopped at the Catharine Wheel public Louse, in Bishopsgate-street, between 7 and 8 o'clock in the evening—I went into the house—I left my dog in the cart, and left the cart at the corner of the gateway—there was in the cart a gallon of gin, twenty bars of iron, a tarpaulin, a nosebag, a whip, a shoulder of mutton, and some other things, which I was carrying in the way of business—I was in the office about three minutes—when I came out the horse and cart were gone—I can swear to this basket and this bar of iron.

HENRY FINNIS . I am an officer. On 15th March I went to No. 13, Turville-street, Bethnal-green, about 11 o'clock at night—I knocked, and could not get an answer—I got in through the window—I found twenty bars of iron, this nosebag, two iron chains, and some other things—I went up stairs, and found the prisoners in custody of two officers.

GEORGE WATKINS (City policeman, 660). I went with the last witness—I went upstairs—I found the two prisoners—Burman was lying on a bed—I told her to get up—she got up, and I discovered this rope and some other things that she was lying upon—I found the shoulder of mutton—I asked Burman where she got it—she said she bought it in Brick-lane—I said, "Where?"—she said, "No, I forgot myself, I bought it in Newgate-market"—this box of cigars was under her head.

JOHN FRANKS (City policeman) 634). I was with the other officers—I went up stairs and took Higgins—he was sitting by the fire—he had some yeast about him—I told him I was a police officer, and was come in search of some property—I asked him if he knew anything about it—he said, "No"—I asked him how long he had been in the house—he said, "Two I hours"—in a chair I found a butcher's chopper, which bad a quantity of yeast on it.

Higgins. I said I had not been there more than ten minutes; there was a lad, and he brought the chopper there. Witness. I saw a lad there, but I do not know whether he brought the chopper there.

GEORGE WATKINS re-examined. Burman was lying on this cord and the cigars and other things, and her clothes were drawn out to hide them—she said she did not know how they came there.

Bwrman's Defence. I was not lying on the things, I was lying on the bed; there was a little fire light, and my brother was sitting by the fire; I was waiting for my husband to come home with his barrow; the officers came and shook me, and said they were officers; I asked them what their business was; they said there was stolen property in the house; I said I knew nothing about these things; I am innocent.

Higgins's Defence. I had been over the water; I had not been in the place above ten minutes before the officers came and took me.

BURMAN— GUILTY . Aged 26.

HIGGINS— GUILTY. Aged 17.Of receiving

BURMAN— Confined Three Months.

403. SAMUEL HIGGINS was again indicted for stealing 1 mare, 1 coat, and other goods, value 37l.; the property of Frederick Dowding: to which he

PLEADED GUILTY . Aged 17.— Confined Twelve Months.

404. JOHN FELIX , unlawfully wounding Mary Ann Brooks.

MARY ANN BROOKS . I am a widow, and live in Foster-street, Half Moon-street. I have known the prisoner two years—I have been cohabiting with him about eight months—he left me on Thursday, 6th March, and on 8th March I met him in the street—he said he had had no breakfast, and the person he was with had taken his jacket, and gone away—I took my shawl to a leaving shop, and I was with him till 10 o'clock at night—he wanted me to give him his supper—I said I was not prepared to give it him—he was dreadful angry—I called him a murderer, and struck him—he struck me—I called him a murderer because we were quarrelling about a penny pie—he struck me with his hand—I was on the stairs—he said, "Come in," and he took me and struck me, and kicked me, I believe—I became insensible, and was taken to the Hospital.

Prisoner. I left you in a public house, and I went to get a jacket, and when I came back you were in company with a man and woman; he called for half a pint of gin, and we both partook of it till it was gone; we went to get a pie; you gave me 2d. to get it, and when I came out you would not believe that I gave 2d. for it; you blowed me upin the street, and tore the collar of my shirt. Witness. I have no recollection of doing that; he brought the pie out, and gave it to me; I struck him in the room; I had a glass of gin, and the prisoner had several drops; I have no recollection of falling over a box; I might have done so.

GEORGE MACLEOD . I did live at No. 11, Foster-street, with the last witness—I remember the time she was hurt—I came home about 9 o'clock that evening—Mrs. Brooks and the prisoner were on the landing of the stairs—Mrs. Brooks ran down stairs—I went back with her into the room—I I sat down, and had my tea—there was something wanting—I had 1s. 3d. in my pocket—I pulled the box out of my pocket—I had just got it out, and this man took the box, and took the lid off—I do not know whether he gave it to Mrs. Brooks—she then sent me for a penny candle—she then said to him, "Why don't you give the boy his money?"—he said, "What is that to you?" and he took her up, and threw her down on the floor, and hit her three times with his fist, and kicked her three times with his shoe while she was down—he kicked her three times in the ribs—he then put on his hat, and ran down stairs—when he threw her down, she did not fall on a box, but on the floor—she fainted—I ran down to fetch a policeman, but I saw the other boy had got one, and he came up stairs—when the prisoner hit her, Mrs. Brooks said, "If you hit me again, this shall be the last time."

JAMES FISHER (City policeman, 672). I was on duty in Foster-street—I went to the third floor of No. 11—I saw Mrs. Brooks lying on her back on the floor, a large pool of blood was under her head, and blood was running from her mouth and nose—I sent for a doctor, and removed her to the hospital—I took the prisoner into custody, and told him it was for assaulting a woman at No. 11, Foster-street—he told me he did strike her in the face, but he did not think it was serious.

JOSEPH ALLEN . I am house surgeon at St. Bartholomew's Hospital. Brooks was brought there on the morning of the 9th—she was in a stupified state, and extremely weak—there was a blow on the face, on the right eye—there was a slight bruise on the nose—there was some tenderness on the

back part of the head, which might have been induced by a fall or a kick on the head—on the lower part of the stomach were marks which might have been by kicks, a bandage had been put on in the London Hospital, and a plaister on the back—the blows appeared to have been inflicted with violence—the ribs, I believe, had been broken, but that was not done at that time—on her face was the mark of dirt, which might have been by dirt in the hand, or by a foot.

GUILTY of a common assault. Aged 51.— Confined Six Months.

OLD COURT.—Tuesday, April 8th, 1856.

PRESENT—Sir CHAPMAN MARSHALL, Knt., Ald.; Sir JAMES DUKE, Bart., Ald.; and Mr. RECORDER.

Before Mr. Recorder and the Second Jury.

405. JOHN CHURCH and THOMAS THOMPSON , burglariously breaking and entering the dwelling house of William Halksworth, at St. Dunstan's-in-the-West, with intent to steal: to which

CHURCH PLEADED GUILTY . Aged 22.

THOMPSON PLEADED GUILTY . Aged 20.

Four Years' Penal Servitude.

406. JOHN CLIFFORD , stealing 1 chain, 2 lockets, and 1 ring, value 4l. 4s.; the goods of Martha Catling: also, 1 watch, value 2l.; the goods of James Chalmers: and 1 shawl, and 1s. 10d. in money; the property of Sarah Elton; in the dwelling house of James Pickworth: having been before convicted: to which he

PLEADED GUILTY . Aged 38.— Confined Eighteen Months.

407. JAMES CHITTY and THOMAS HOPKINS , burglariously breaking and entering the dwelling house of David Gibbons, at St. John the Evangelist, Westminster, and stealing therein 1 tea caddy, 1 desk, 1 pencil case, 1 penholder, and 1 seal, value 3l. 15s., and 20l. in money; his property also, 1 shawl, the goods of Maria Edwards; and 1 pair of goloshes, the goods of Sophia Attfield: Chitty having been before convicted: to all which

CHITTY PLEADED GUILTY . Aged 31.— Transported for Fourteen Years.

HOPKINS PLEADED GUILTY .† Aged 25 —Six Years Penal Servitude.

408. WILLIAM BUCKLAND , stealing 1 concertina, value 1l., the goods of Charles Hart: also (in Surrey), 2 coats, 1 pair of trowsers, and other articles, value 8l. 8s.; the goods of Edward Grove: also, unlawfully obtaining 5s., the moneys of Charles Hart, and 18s., the moneys of Henry Sear, by false pretences: to all which he

PLEADED GUILTY . Aged 20.— Confined Six Months on the first indictment; Four Months on the second; and Four Months on the third: each term to commence at the expiration of the preceding.

409. HENRY LAMBERT , stealing 1 order for the payment of 50l.: also, an order for the payment of 11l. 5s.; the property of William Bunce Greenfield, his master: to both which he

PLEADED GUILTY . Aged 18—He received a good character.—Recommended to mercy.— Judgment respited.

410. GEORGE DUSCHER and HENRY WALTER DUSCHER , stealing 15 lbs. weight of Spanish flies, 11 pieces of rhubarb, and other drugs; the goods of William Atkinson and another, their masters: also, 15lbs. the weight of oil of almonds, 4 oz. of ginger, and other articles; the goods of their said masters: to both which

GEORGE DUSCHER PLEADED GUILTY. Aged 55.—Recommended to mercy. — Confined Twelve Months. HENRY WALTER DUSCHER PLEADED GUILTY . Aged 28.— Confined Twelve Months.

411. THOMAS SHRIMPTON , feloniously forging and uttering a receipt for 19l. 12s. 6d. with intent to defraud.

MR. CLARKSON conducted the Prosecution.

JOSEPH DAW . I am principal clerk to the Commissioners of Sewers of the City of London. Matthew Shrimpton was, in his life time, employed by the Commissioners to do some smith's work—at Christmas last the sum of 19l. 12s. 6d. was due to him—a bill for that amount was sent in, and after being examined and passed by the proper authorities, an order was made out for its payment, on or about 18th Jan., in the usual course—the Commissioners act under the authority of the 11 and 12 Vict. c. 143—on 4th Feb. the prisoner came to my office at Guildhall—he asked me if Shrimpton's account was passed—I said, "Yes"—I then turned to the book, and asked him if he was Matthew Shrimpton—he said he was—I then handed him this book for the purpose of his signing it—it is a book in which we enter all the warrants that are paid, and the party to whom it is given simply signs an acknowledgment of the receipt of the warrant from me—I had seen Matthew Shrimpton, but I did not recollect it at that moment—the prisoner signed the book—this is it—he signed this "Matthew Shrimpton"—I then gave him the warrant—I did not at that time know that Matthew Shrimpton was dead—I knew it two or three days after the warrant had been paid—upon that I reported the circumstance, and was instructed to have the prisoner taken into custody—I gave orders to have him taken some fortnight or three weeks afterwards.

Cross-examined by MR. ROBINSON. Q. Was it not much longer than that? A. I speak from memory, I think it was about three weeks afterwards—I think three or four days elapsed after that before he was taken—there were a great many accounts due on 4th Feb.—these entries are the dates upon which the warrants in question were signed, not when the money was due—persons come in for the warrants from day to day—I think it must have been three or four days after this transaction before my attention was drawn to it—a party called on me—I do not know his name, I have seen him since, he was a man who, I had every reason to believe, worked for the deceased person; he was not examined before the magistrate—I have a perfect recollection of the words used by the prisoner when he came—I recollect the very words, simply because I do recollect them—there was nothing particular to call it to my mind—I asked him the question distinctly, if he were Matthew Shrimpton—I had a shadow of a doubt as it were, not immediately recognising the features of the man; but I see thousands of persons in the course of the year, and I therefore said, "Are you Matthew Shrimpton?"—I have not the smallest doubt I asked him the question in those very words—I recollected that I knew Matthew Shrimpton by sight, when my attention was called to the fact some three or four days afterwards—the person of Matthew Shrimpton was then recalled to my recollection from circumstances that were detailed to me.

WILLIAM WALKER . I am the cashier in the Chamberlain's Office. On 4th Feb. this warrant for 19l. 12s. 6d., came into my hands—I believe the prisoner to be the person from whom I received it—at the first examination at the Mansion-house, not having seen the prisoner before to my knowledge, I requested the Magistrate that he might put on his hat, and he at once acknowledged that he was the party who received the money—I paid him the amount, and he wrote this receipt, "Received, Feb. 4, 1856, the sum of ninetween pounds, 12s. 6d., for this warrant. Matthew Shrimpton; 19l. 12s. 6d."—I first asked him if his name was Shrimpton, on his presenting me the warrant—he said it was—I then handed him the receipt to fill up, and he signed it, and I paid him the amount.

EMILY SHRIMPTON . I am the widow of the deceased Matthew Shrimpton.—he died on 28th Jan.—I live at No. 42, Charlotte-street, Old-street-road—the prisoner is my husband's brother—I have the probate of my husband's will—I am the executrix—I have proved it—I knew that my husband had done some work for the Commissioners of Sewers, and I knew that at his death there was money due to him—I never gave any authority for the prisoner to receive it—he did not know that his brother had left a will—I did not give him any authority to pass by the name of his brother Matthew—I have never received any portion of the 19l. 12s. 6d. from him, or anybody else—two or three days after my husband's death, I told him that I had got that money coming to me—the prisoner was in the house at the time of my husband's death—since my husband's death he has never said anything to me on the subject, either of authority or anything else, regarding the money.

Cross-examined. Q. When was it you first knew that he had received it? A. On the Tuesday after my husband's death—he died on the Monday, 18th—I have not received one farthing of this money—the prisoner has never paid me any money—I have never received any money on his account, and never received any portion of this money—I have not received 6l. from him—I have not received 6l. from anybody since my husband's death, nor any money whatever—I was not aware that he was going to receive this money—I did not on the morning of 4th Feb. bring him a coat and hat, and tell him to put them on, to go and receive the money, as he was in his working dress—he was not in partnership with my husband at the present time; he had been eight or nine years ago; they were joint executors under their father's will—he had not to pay several of the debts—he was not with my husband for several days before he died, only on the Friday and Saturday—he has not paid any rent for me, nor for my husband, that I know of—Mr. Hayward was my landlord—I do not know that the prisoner paid some rent that was due to Mr. Hayward—I have never heard of that—I did not give him into custody early in Feb.—I did not call in two policemen to give him into custody—two policemen came in—I was not rather merry—there was a cab in which my husband had an interest—the prisoner had not authority to sell that cab—he did not sell the cab and hand me over the proceeds—he never handed me any money at all—I have not received any money as the proceeds of that cab—I had 3l. of the man that bought it—3l. was paid, and a bill given for the remainder—the prisoner asked me if he should sell the cab for me, and I said, "Yes," as I wanted money—I received the 3l. after my husband's death—I do not know of the prisoner becoming responsible to the undertaker for the charge of the funeral—I paid that myself—I gave the bill that was given to me on account of the cab, to the undertaker, as part payment—the prisoner was answerable for the

money, because I could not read or write; I refused taking the bill, and I asked him if he would do it, and he said he would do it for me.

MR. CLARKSON. Q. Did your husband die in poor circumstances? A. Yes—the prisoner asked my permission to sell the cab for me—it was sold for 8l. 8s.; 3l. was paid to me, and a bill for 5l. 8s. was given—I have not received the 5l.; 8s. I handed it myself to the undertaker—the prisoner had no interest in the cab—I have never received a farthing of the money from the Commissioners—I never authorised him to receive it—I do not know what property my husband died possessed of—Mr. Myers sold it for me—it was timber—it realized about 20l.—I have not received as much as 100l. from my husband's estate, nor 40l.—his property was valued at under 100l.

JOSEPH HUGGETT . I am a detective officer of the City police—I took the prisoner into custody on the morning of 13th March, at a beer shop, or the pay office of the Turkish Contingent, in Westminster; that is where they receive their daily pay—I told him I was an officer, and I should apprehend him for obtaining 19l. 12s. 6d. from the Commissioners of Sewers, by falsely representing himself as his brother Matthew—he said, "My name is William Shrimpton"—I told him it was no use his telling me that, for I knew him as Thomas Shrimpton—he said, "Well, I had authority from her to draw it, and she had a portion of the money"—I asked him, "Who do you mean by her?"—he said, "Why Mrs. Matthew Shrimpton"—he likewise stated, that he was present with his brother Matthew on the Friday and Saturday, and likewise the day of his death.

Cross-examined. Q. Did you know him before? A. had a knowledge of him; I knew his brother Matthew, and I had a knowledge of him for a reason—I knew he was Thomas Shrimpton; my first knowledge of him was some years back—I do not think be knew me.

Witnesses for the Defence.

WILLIAM SHRIMPTON . I am a wheelwright, and reside in Paradise-place, Oliver-lane, Shoreditch. I am the brother of the prisoner and Matthew Shrimpton—this paper (looking at one) is very much like my brother Matthew's handwriting—I do not exactly believe it to be his, I cannot swear to it—it is very much like it—I can read and write—I belive it to be similar to his handwriting, but I cannot exactly swear to his handwriting; to the best of my belief it is his handwriting—(This paper was as follows: "I authorise my brother Tom to receive 19l. 12s. 7d. from Guildhall, Jan. 26, 1856. Matthew Shrimpton.")—the two brothers were left executors uuder my father's will—I know of the prisoner having been imprisoned at Whitecross-street for eighteen months, at the suit of the Crown—I have heard my brother Matthew say he owed Tom money, but whether he ever settled it or not I do not know—that was six months before his death—I heard Matthew say, when he gave me some money when I worked there, a fortnight before his death, that he must send some one after the money from the City Commissioners, he must send Thomas, or some one—he said that within a fortnight of his death—he was ill at that time, too ill to go himself—what the prisoner was imprisoned for, was a party concern, as far as I could understand; the prisoner had to pay 16l. to get out—I never heard Matthew say anything about repaying any portion of it—my brother died on the 28th—the prisoner has since my brother's death paid me 5s. 6d. for work I had done for Matthew—on the morning of 4th Feb., I was at Mrs. Shrimpton's house at work—the prisoner was there—I heard a conversation about his going to receive money in the city—the widow was up stairs—the

conversation was with her—she wanted money, she wished that Thomas could get a few pounds—he said he would get some money—Mrs. Shrimpton lent him a coat and hat to go into the city after the money—I did not hear either of them say anything about the coat and hat, but I was up stairs at the time—I saw him when he had the coat and hat on—Mrs. Shrimpton gave it to him—she said he had better put it on than the old one he hid got—I saw her give it him—he had his working dress on before—I heard no further conversation about what the money was—I saw them together again in the evening part of the same day—the prisoner came back there; he had been having a drop, and he threw some money on the table—I do not know exactly how much—it was gold—there were five or six pieces, I suppose—this was in the room where the deceased was lying—there was no other conversation at that time that I can recollect.

Cross-examined by MR. CLARKSON. Q. Were you examined before the Magistrate? A. No; I was not there—I remember my father's will—he had not made a will, and left me out altogether—he had made a will—I never went to my father with a knife in my hand—I never threatened to stab him if he did not make a different will—I do not know whether he made two wills; I never saw but one—I do not know who took up the money that the prisoner threw down—I was sober—I was at work there, below stairs—I worked there for two or three days after my brother's death—the prisoner paid me for that—I asked him for the money, because I could get none up stairs—I do not know whether the widow had any or not—if she had, she kept it—I asked the prisoner if he could oblige me on Matthew's account—I did not threaten to tell that he had got the money, if he did not—I threatened nothing—I did not threaten to tell the widow that he had got the money from Guildhall, if he did not pay me—I swear that—Iam a wheelwright—my brother was so bad, for three or four days before he died, that he could not feed himself, nor yet lay hold of a spoon to put it to his mouth—this paper very much resembles his writing—I believe this was all written at the same time—I do not mean to swear that the top part is in the same writing as the bottom—I think that the top part was written by one, and the signature by another—there are two handwritings here, according to my opinion.

MR. ROBINSON. Q. Do you know that your brother's will is dated 28th Jan., the day before he died? A. Yes—I first saw this paper to-day—I never saw it before.

JOHN HAYWARD . The prisoner has paid me 17s. 6d. since the decease of Matthew Shrinipton—I had not asked the widow for the money—she has paid me the balance since—the 17s. 6d. was paid me for the rent of some premises that Matthew Shrimpton occupied—that was due from him in his lifetime—it was paid on 4th Feb.—the widow paid the balance on 25th—that was 7s.—that was for rent down to 25th Feb., when she quitted, rent accruing after her husband's death—it was not a balance of what was due from her husband—the prisoner paid me the 17s. 6d. for rent up to 4th Feb., and he engaged to continue the arch—he paid me 3s. 6d. in advance, which brought it down to the 11th—I saw no more of him on the 11th, nor did he take possession, but on the 18th the widow gave me notice to quit the arch, and during that week they cleared the premises—on the 25th the widow, with a friend of hers, brought me the key, and paid me the 7s.

Cross-examined. Q. These were not premises that she was living in? A. No; an arch of the Eastern Counties Railway, attached to the premises I occupy—it was occupied by Matthew Shrimpton when I took possessions

of the premises—I believe Thomas and William Shrimpton came together on 4th Feb., when the 17s. 6d. was paid, and William took the arch, but he did not take possession, as the widow held the key.

GUILTY . Aged 44.— Confined Eighteen Months.

412. WILLIAM ANGUS was indicted for feloniously assaulting Thomas Daniel Legg Goozee, with intent to rob him.

MR. LILLEY conducted the Prosecution.

THOMAS DANIEL LEGG GOOZEE . I live at Old Ford Lock-cottage, Bow, and am a house and estate agent. On the night of 3rd March I was returning home, about a quarter or half past 12 o'clock—I was near North-terrace, Victoria-park—that is adjoining the Old Ford-road, just before you come to the park—it was on my way home—I was alone—when I had passed a short distance up North-terrace, I was taken by the collar by the prisoner, and tripped up by his foot—he came from behind me—I know it was the prisoner, because he did not escape from me—he was seized by the policeman—I did not know him at the time he seized me by the collar—I never saw him before—while I was on my back he thrust his finger, down my neck tie, and tried to throttle me—I said to him, "Don't take my life away, for the sake of my family; what I have got you are welcome to"—as soon as I uttered those words, a policeman came up very suddenly, and turned on his light—the prisoner let go, jumped on his feet, and said, "All right, officer; it is a friend of mine; it is Mr. Forrester"—I immediately got up, laid hold of the prisoner, and said to the officer, "I am not Mr. Forrester; he is your prisoner," and he took him into custody—he was not out of my sight from the time he laid hold of me till the officer took him—I was wearing a watch and chain—the prisoner was standing over me, in the act of undoing my coat, at the time the officer came up—it was buttoned up as it is now—I had been drinking, but was not drunk—I knew what I was about as much as I do now, and signed my name to the charge—I had been superintending some repairs in that locality, and called in, and stopped there several hours—I cannot say how much I had been drinking, but I could walk steadily.

Cross-examined by MR. RIBTON. Q. How many hours were you at the public house? A. I went about 3 or 4 o'clock in the afternoon, and stopped till 12 o'clock—I never went out of the house—I may have been there eight hours—I had not been drinking all the time—I might take a glass of porter when I went—I am not much of a drinker—a pint of porter will last me two or three hours—I might have also taken a glass of grog—I did not take many glasses of grog—we had three or four pots of porter, but I do not. suppose I drank one pot—I was drinking with other people—several people came in (I have some houses round about there), they spoke to me, and passed the pot or the glass—I do not recollect that I was drinking spirits, but the landlord is here—I was not drinking with the prisoner, to my knowledge—I never saw him before in my life—I had got a dog there—if a halfpenny or a penny falls from your hand on the ground, he will pick it up—halfpenny fell down, and I said, "If you will put it on the counter, he will jump and take it off"—he picked up a halfpenny once or twice—I very likely had him on the counter, but I do not remember it—he is as likely to have been on the counter as off—I will say he was—I do not recollect drinking with the prisoner—we did not leave the house together—I do not recollect saying, "Good night" to him, and asking him which way he was going—I swear that he did not say he vonld go with me—I do not remember

seeing him at all—the first I saw of him was his coming up and seizing me—I had not any money with me—I asked Mr. Beale, in the public house, to lend me 1s., and he said, "You can have as much as you want"—the other persons were near enough to hear, and must have heard, if they had been paying attention—I cannot tell whether my coat was buttoned at the public house, but it was when I was thrown down—I had a watch and a silver chain washed with gold—I have got it now—it received no damage—I had a great coat on, which was buttoned—I wore it at the public house—I had been drinking—I was not drunk—I knew how to transact business.

MR. LILLEY. Q. How many persons were present? A. There were a great number of persons before the bar—several came in whom I have known some years—I was there six or seven hours—persons were coming in and going out during that time—I did not notice whether the prisoner was there—there were eight or ten persons before the bar, sometimes more and sometimes less.

JAMES WOODHURST (policeman, K 363). On 4th March, about a quarter pest 1 o'clock in the morning, I was on duty at Bethnal-green, and heard some persons talking—shortly afterwards I heard some person fall to the ground—before I arrived at the spot, I heard a person say, "You are welcome to take all I have got, but do not take my life, for the sake of my wife and family"—I went up, and saw the prosecutor lying on the ground, on his back, and the prisoner laying hold of his coat collar or stock—I showed my light, and the prisoner let go his hold—I said, "What are you doing with the man?—he said, "It is a friend of mine—he called him Forest, or Forrester, and told him to get up—he told me that he was going to see him home, as they had been drinking together at Mr. Beale's public house, Church-street, Bethnal-green—the prosecutor then got up, seized the prisoner by the bosom of his shirt, pulled him towards me, told me to take him into custody for knocking him down with intent to rob him, and said that he did not know him at all—I took him to the station—the prosecutor had been drinking, but was quite capable of what he was doing—he walked by himself, and walked steadily—he perfectly knew what he was about—he seemed agitated.

Cross-examined. Q. You say that he had been drinking? A. From his appearance, he seemed much agitated after getting up—he was rather hoarse, but I could understand every word he said—I thought he had been drinking because he seemed nervous—I do not know whether it was from the fall or from drink; he was shaking rather—the prisoner did not appear to have been drinking at all—they were in the path over the side of the road—there is no step from the footpath into the road, the path is a little higher, but there is no kerb stone—he was about the centre of the path, and the prisoner was nearer to the wall, but was not down, he was only stooping—the prosecutor was on the ground—I was fourteen or fifteen yards from them when I heard the conversation—I could not hear what they were talking about—I heard the fall not more than two minutes after the conversation—it was a dark night, and I could not see how they fell—the prisoner seemed perfectly sober, and so he did at the station—when the prosecutor said, "You are welcome to all I have; do not take my life, for the sake of my wife and children," the prisoner did not answer; there was only one voice.

MR. LILLEY. Q. When the charge was made at the station, did the prosecutor sign it? A. Yes—the charge sheet is not here.

HENRY BEALE . I am landlord of the Swan Inn, Church-street, Shoreditch.

On Monday night, 3rd March, the prisoner was at my house, and the prosecutor also—I had never seen the prisoner before to my knowledge; they were both there at the same time, an hour and a half or two hours—they were in each other's company, and occasionally drinking together—I am quite sure of that—there were two or three females, and one or two males at one time, and ten or twelve at other times—the prosecutor was drinking indiscriminately with anybody.

Cross-examined. Q. The prosecutor was drunk? A. Yes, and the prisoner was a little drunk, but not so bad as the prosecutor; you could see it by his appearance—I saw the prosecutor leave, the prisoner had left three-quarters of an hour before that—he could have been there without my seeing him, as I was not always at the bar; my daughter was there—I shook hands with the prosecutor when he left—I lent him 1s.—he had a dog on the counter, and I told him I did not allow dogs to show tricks on my counter—the dog kept jumping on and off, exhibiting tricks for ten minutes or a quarter of an hour—it was licensing day, and I had to go away—when I came back I found the prosecutor there, he was in a very merry mood and was treating everybody, but had not much money with him.

MR. LILLEY. Q. How long were you absent at a time? A. five or ten minutes—the prisoner could not have been at the bar where I could not see him—I missed him three-quarters of an hour before the prosecutor left.

NOT GUILTY .

413. WILLIAM FRENCH and THOMAS JONES stealing 1 watch, value 3l.; the goods of George Puddy, from his person. 2nd COUNT, charging Jones with receiving.

JONES— PLEADED GUILTY to the 2nd Count. Aged 18.— Confined Six Months:

GEORGE PUDDY . I am a boot maker, of Panton-street, Haymarket. On 18th March, about 2 o'clock in the afternoon, I was in Fleet-street; there was a crowd, two men were fighting; while I was looking on I saw the prisoner, French, pass by my right side—I had a watch in my right pocket—French went to the men and parted them, and I was going away, when I missed my watch, which was safe five minutes before—this cord, and the bow of the watch were left—I followed French, he had not gone far down the street—he turned his head behind him, and observed me—I was about as far from him as I am from his Lordship, and he passed something to a friend who was with him, one of the men who had been fighting—I took hold of French, and he said directly, "I have not got your watch, there is the man with your watch, running up that street," pointing up Shoe-lane, where I saw Jones running as hard as he could—I had not mentioned any watch—I kept hold of French, and gave him into custody—a cry of "Stop thief!" was raised, and I afterwards saw my watch in the hands of the policeman.

French. It was not me who said, "That is the man who has got your watch."

GEORGE CAMPION . I am employed at Messrs. Spottiswoode's printing office. I was there on that day, when a watch was thrown over the wall; I picked it up, and gave it to Bachelor—I have seen it in the prosecutor's hands since.

EDWARD ROBERTS (City-police sergeant, 53.) I took French near Messrs, Spottiswoode's premises, at the bottom of Shoe-lane—I took him to the station, searched him, and found two duplicates—he gave his address, No. 4,

George-street, St. Giles's—I made inquiries there, but could not find him—it is a very low lodging house, where nobody but thieves and prostitutes resort.

THOMAS BREARY (City policeman, 316). On 18th March, about 2 o'clock in the day, I was on duty on New-street-hill, heard a cry of "Stop thief!" and saw Jones running—he stopped suddenly, and turned round close to a wall, at the rear of Messrs. Spottiswoode's premises, but I did not see him throw anything—a gentleman laid hold of him, and I took him—he could have thrown a watch over the wall when he stopped, it is about ten feet high.

DAVID BATCHELOR . I am a solicitor's clerk, and live at No. 2, Lee-Street, Kingsland. On 18th March, at a little after 2 o'clock, I was coming down New-street-hill heard a cry of "Stop thief!" and saw Jones runniug—he passed me, and I ran after him, and saw him throw this watch (produced) over a wall at the back of Messrs. Spottiswoode's—I seized him and gave him into custody—Campion gave me the watch, and I gave it to Breary.

GEORGE PUDDY re-examined. This is my watch, and this is the ring, it is bent—there were twenty or thirty persons in the crowd—French passed by me and joined the row, and while he was talking in the row, his eye was on me all the time.

French's statement before the Magistrate was here ready as follows:—"I can assure you I am innocent of it; this young man I do not know.

French's Defence. I saw the man who was fighting being ill used; I was watching him because I saw him close round two or three gentlemen, and I saw him instantly leave and go to this party—he dropped his handkerchief when he was fighting, and I saw him pass something to this young man, and therefore I said, "There is the young man who has got it"

FRENCH— NOT GUILTY .

414. THOMAS CLARKSON , embezzling 18l. 19s., and 1l. 4s., the moneys of James Ogden, his master; also, stealing 2 brushes, and 1 pair of cuffs, value 13s. 6d., of his said master: to which he

PLEADED GUILTY . Aged 19.—Recommended to mercy by the prosecutor, who stated that he would endeavour to procure him a situation.— Judgment Respited.

415. HENRY THOMAS , robbery on William Paltridge, and stealing from his person 1 box and 2 pills, value 2d., and 2d. in money, his property; having been before convicted: to which he

PLEADED GUILTY . Aged 25.— Five Years Penal Servitude.

NEW COURT.—Tuesday, April 8th, 1856.

PRESENT—Mr. Ald. CHALLIS; Sir ROBERT WALTER CARDEN, Knt., Ald; and Mr. COMMON SERJEANT.

Before Mr. Common Serjeant and the Fifth Jury.

416. CHARLES BUSS was indicted for unlawfully uttering counterfeit coin: to which he

PLEADED GUILTY . Aged 49.— Confined Nine Months.

417. CHARLES ANTHONY EVANS was indicted for a like offence: to which he

PLEADED GUILTY . Aged 24.— Confined Nine Months.

418. JOSEPH HUDSON was indicted for a like offence: to which he PLEADED GUILTY . Aged 58.— Confined Nine Months.

419. THOMAS DAVIS was indicted for a like offence: to which he PLEADED GUILTY . Aged 24.— Confined Twelve Months.

420. CHARLES MORLEY was indicted for a like offence: to which he PLEADED GUILTY . Aged 39.— Confined Nine Months.

421. HENRY WILLIAMS , having in his possession 16 counterfeit shillings, and 60 counterfeit sixpences: to which he PLEADED GUILTY . Aged 28.— Confined Twelve Months.

422. JOHN HEALY , unlawfully uttering counterfeit coin: to which he PLEADED GUILTY . Aged 23.— Confined Nine Months.

423. JOHN QUIN , having counterfeit coin in his possession: to which he PLEADED GUILTY . Aged 53.— Confined Twelve Months.

424. JOHN BROWN , unlawfully uttering counterfeit coin: to which he PLEADED GUILTY . Aged 49.— Confined Nine Months.

425. JOHN BARTLETT , having counterfeit coin in his possession: to which he

PLEADED GUILTY . Aged 30.— Confined Twelve Months.

426. MARY SMITH , unlawfully uttering counterfeit coin: to which she PLEADED GUILTY . Aged 28.— Confined Nine Months.

427. ANN HALFORD was indicted for a like offence.

MESSES. ELLIS and BODKIN conducted the Prosecution.

JOSEPHINE MORGAN . I am the daughter of William Morgan, a linendraper, in Park-street, Grosvenor-square. On 4th March the prisoner came into the shop for some mittens—I am sure she is the person—I offered her a pair for sale—they came to 2d.—she gave me a 2s. piece, I put it between my teeth, bit it, and marked it—I gave it to my sister Mary—she gave it back to the prisoner—an officer was sent for, and the prisoner was given into his custody—I had observed the prisoner put the florin into her purse—I told the officer, in her presence, that she had given me a 2s. piece, and it was bad, and she had put it into her purse—I asked her to show it him, and she showed him a good half crown—I said, "That was not the piece you gave me"—she was then taken away.

Cross-examined by MR. LILLEY. Q. Had you ever seen the prisoner before that day? A. Yes, a long time ago, in our shop—we have a good many customers—my sisters and my father and mother serve in the shop.

MR. BODKIN. Q. Have you a sister named Adelaide? A. Yes—she gave me a florin three or four days after—it was a bad one, and I saw two marks on it which were made by my teeth—I knew it again—it was the one I had seen in this woman's hand and in my own hand—I am quite sure of it—I afterwards gave it to the policeman.

MR. LILLEY. Q. The florin your sister gave you had some marks on it? A. Yes, two marks that I had made with my teeth—this is it—when I doubt about a coin being bad, I usually put it in my mouth—that is a common thing amongst shopkeepers.

MARY MORGAN . I am sister of the last witness. I remember, on the 4th of March, a florin being given to me—I examined it, and found it bad—I gave it back to the prisoner—a constable was sent for, and while he

was sent for, I fancied I heard the prisoner attempting to swallow something—I heard something chink between her teeth—I turned round, and saw her choking, with her hand to her mouth—I told her not to attempt to swallow the money—I then turned away, and in a few minutes after I heard something fall on the ground, but I did not notice it at the moment—after she was gone I looked for the money, but could not find it—I never found it.

ADELAIDE MORGAN . I am sister of the last witness. On Saturday, 8th March, I was moving the things in the shop window—I had occasion to lift up a cloth that covers the show board, and as I did that, this 2s. piece fell down—I gave it to my sister.

Cross-examined. Q. You take florins from time to time, in the course of business? A. Yes, the customers occasionally offer them.

MR. BODKIN. Q. Do you put them under the show board? A. No, into the till.

JOSEPH BOTT (police sergeant, C 30). I took the prisoner into custody on this charge—she was taken to the station, and searched—a good half crown was found on her, and 3 1/2 d. in copper—she gave her name Mary Aylesbury—she was taken before the Magistrate, and the florin not having been found, she was discharged on the 6th of March—I produce this florin to-day.

CAROLINE GRANT . I attend at Gunter's, the confectioners, in Berkeley-square. I saw the prisoner early in March, I think about a week before the 11th—she came for a 6d. sponge cake—she gave me a half crown—I gave it to Mr. Finch, and he broke it—it was not out of my sight—I gave the pieces of it back to the prisoner, and told her it was bad, and she went—I saw her again on 11th March—I knew her again—she asked for a bottle of raspberry vinegar, at 1s. 6d.—she gave me a half crown—I gave it to Mr. Finch—he bent it, and gave it back to me—I spoke to Mr. Bishop, and he made a mark on it—I had kept sight of it—a constable was sent for, and I gave the half crown to him—I am sure it was not out of my sight before I gave it to him.

Cross-examined. Q. Are you positive who gave the coin to the police constable? A. Yes, Mr. Bishop—I am positive that the prisoner is the same person who came at the beginning of March, when the half crown was broken and returned to her—I did not notice anything peculiar about her appearance—she had a bonnet on—I knew she was the same person before she offered any money, and before she spoke.

GEORGE FREDERICK APPLETON (policeman, C 95). I took charge of the prisoner on 11th March—Mr. Bishop gave me this half crown—the last witness was close by.

WILLIAM WEBSTER I am inspector of coin to the Royal Mint. These are both counterfeit—it is not easy to break a good half crown—it is easy to break a bad one with a detector.

Cross-examined. Q. That depends on the nature of the metal? A. Yes, some are made of a hard metal, that will not break at all.

(The prisoner's statement before the Magistrate was here read, as follows: "The charge is false.")

GUILTY .* Aged 34— Confined Twelve Months.

Sixth Jury.

428. JOHN JORDAN, JAMES CARTER , and JOHN ADAMS , unlawfully having counterfeit coin in their possession: to which

JORDAN PLEADED GUILTY .* Aged 30.— Confined Two Years.

MESSRS. ELLIS and BODKIN conducted the Prosecution.

JAMES BRANNAN (police inspector, G.) On 20th March, about 4 o'clock in the afternoon, I went to the Geneva Arms public house, in company with other officers—I saw Jordan behind the door—Carter was close to him, and Adams was at the far end of the bar—I directed sergeant Brannan to seize Jordan, and sergeant Briant seized Carter—I took Adams, and gave him to Evans—on Jordan being taken, I noticed he sat down, and put his hand behind him, and took from his coat pocket a parcel, and tried to put it under the form on which he sat—I saw sergeant Brannan take it from his hand before it reached the floor, and at the same moment I saw Carter drop a piece of paper which contained a counterfeit shilling—this is it—this is the parcel which Jordan took from his pocket—it is in a bag, and it contains four packages with twenty counterfeit shillings in each, eighty in all—the prisoners were conveyed to Vine-street station—I called the prisoner, whose name is said to be Jordan, by the name of Ridley—I said to him, "Well, Master Ridley, where do you live?—he said, "You don't want to know where I live; you know enough about me, and have got enough against me"—Adams gave his address, No. 27, Upper Rathbone-place, and Carter said, No. 14, Little Marylebone-street—they both proved to be false—I sent a man directly in a cab to inquire.

JAMBS BRANNAN (police sergeant, Q 21). I accompanied the other officer on 20th March—I took Jordan—he was sitting down on a form behind the door—I saw him take something out of his right hand coat pocket, and attempt to drop it on the floor—I seized his hand, and took from it a parcel, which I handed to the inspector—I saw it opened—it contained four paper packages, and twenty shillings in each—I took Jordan to Vine-street station—in going there he said, "Tou are too many for me to have a b——good row with"—at the station-Adams said, "Jack" (meaning Jordan), "with all his cleverness, is nailed at last; he has had a long run of it; he has been at it nearly twenty years; he is the best maker in London; he gets 2d. a piece where the others only get 1 1/2 d.; if you had been two minutes earlier, you would have nailed me with that lot," pointing to the bag which I had in my hand, which contained this bad coin—he said, "I can afford to laugh at you now, I know I must be turned up"

BENJAMIN BRIANT (police sergeant, G 22). I accompanied the other officers on this occasion—I saw Carter shuffling at his waistcoat pocket, and he dropped a shilling on the floor, wrapped in paper—I took it up, and gave it to inspector Brannan—I took Carter to the station, and when there I heard Adams say, "Well, Jack, with all his cleverness, is nailed at last; he has had a long run of it; he has been at it nearly twenty years; he is as good a maker as there is in London; he gets 2d. a piece for his shillings, where others only get 1 1/2 d.; if you had been two minutes earlier, you would have had me with that lot," pointing to the bag that was found on the ground—I heard Carter give his address in Little Marylebone-street.

THOMAS EVANSM (policeman, G 145). I received directions from inspector Brannan to make inquiries about the prisoners' addresses—the prisoners were present when the instructions were given—I had heard them give their addresses—Carter gave No. 14, Little Marylebone-street and Adams said, No. 27, Upper Rathbone-place—I was sent off at once—I was gone an hour very likely—when I came back the prisoners were there—I said there was no such number as 27, Upper Rathbone-place, and at the other address, in Little Marylebone-street, there was no such name known—there is a Rathbone-place besides—I went there, and no such person was known.

Carter. Q. When you went to Little Maiylebone-place, who did you ask for? A. For John Carter.

Carter. My name is James Carter.

WILLIAM WEBSTER . These coins are all counterfeit, and several of them are from the same mould—this shilling wrapped in paper is bad, but there is not one of the others from the same mould.

CARTER— NOT GUILTY .

ADAMS— GUILTY . Aged 28.— Confined Nine Months.

429. JOHN STOPHER , unlawfully uttering counterfeit coin.

MESSRS. ELLIS and BODKIN conducted the Prosecution.

MARGARET BOLLARD . I am a widow, and keep a chandler's shop, in Royal Mint-street On Saturday, 29th March, the prisoner came for a halfpenny worth of coffee, and a halfpenny worth of sugar—he threw me down a half crown—I am positive the prisoner is the man—I took the half crown—I gave him 2s. 5d., and he left the shop—after he left I took the half crown out of the till—I looked at it, and ascertained it was bad—I had put it first into the till, and there was no other money there—I took it out again in two minutes—I found it was bad—I called my daughter, and she looked at it, and said, "Any one could see this is bad"—I put it on a back shelf, apart from other money—this was on Saturday night—on the following Monday I saw the prisoner walk up and down for about three hours, looking into my shop, and into my sister's, next door—I saw him through the window, and I went to the street door, and looked after him—I am sure he is the man—he came into my shop about 3 o'clock—he asked for 1d. worth of bread, and 1d. worth of butter—he tendered me another half crown, which I found to be bad—I told him so, and told him he was a very bad young man, to come and pass bad money on a lone woman like me on Saturday night—he persisted in saying he was not the person—I sent for the policeman, and gave him the two half crowns.

JAMES SCADDEN (police sergeant, H 33). I took the prisoner, and received these two half crowns—the prisoner said he had never been in the shop till that occasion—I found on him three duplicates, and some good money—he gave an address, but I cannot recollect it.

WILLIAM WEBSTER . These are both bad, but not from the same mould.

Prisoner. I went in that Monday; I had not been there before.

(The Jury retired at a quarter past 12 o'clock; they returned at 5 o'clock, and stated that one of their number was very ill; a medical gentleman, having examined the juryman, stated that he was in a state of great exhaustion, and, if he were to be confined longer without food, it would be injurious to his health. The Jury were therefore discharged, without returning a verdict. The prisoner was subsequently charged before another Jury, and, no evidence being offered, he was ACQUITTED .)

Fifth Jury.

430. THOMAS NELSON was indicted for a like offence.

MESSRS. ELLIS and BODKIN conducted the Prosecution.

EMMEULINE WESTRUP . I am the wife of Samuel Westrup; he keeps a beer house, in King William-street. On 4th March the prisoner came, between 1 and 2 o'clock—he asked for two sausage rolls—they came to 4d.—he paid me with a half sovereign—I saw it was bad—I called my husband, and gave it him, in presence of the prisoner—the officer was sent for and the prisoner was given into custody.

Cross-examined by MR. M'ENTEER. Q. What did you do with the half sovereign? A. I looked at it, tried it in the money trier, and then showed it to a friend.

SAMUEL WESTRUP . I am the husband of the last witness. I was called, and found the prisoner there—I received a bad half sovereign from my wife—it had been bent before I saw it—I sent for an officer, and gave it to him—the prisoner was given in charge.

JAMES THORNDIKE (City policeman, 503). The prisoner was given into my custody on 4th March—I received this half sovereign from the last witness, took the prisoner to the station, and found on him this bad shilling, wrapped in a piece of paper.

Cross-examined. Q. Where did you find it? A. In his waistcoat pocket—he gave his address correctly.

WILLIAM WEBSTER . This half sovereign is bad—it is one that might deceive the eye, but it would be seen by a detector—this shilling is bad also.

(The prisoner's statement before the Magistrate was here read as follows: "I had no knowledge that the half sovereign was bad; the shilling I can account for")

(The prisoner received a good character.)

NOT GUILTY .

431. CORNELIUS TOOMEY was indicted for a like offence.

MESSRS. BODKIN and POLAND conducted the Prosecution.

MARY HARPER . My husband keeps a beer shop, in Artillery-lane. I was there on Monday, 24th March—the prisoner came for a pint of beer—I served him, and he gave me a half crown—I gave him 2s. 4 1/2 d. change—I lent him a can, and he took the beer away—my husband came in shortly afterwards, and I showed him the half crown—he bent it, and gave it back to me—I kept possession of it, and took it tip stairs when I went to bed—on the following evening I was in the bar parlour, the prisoner came again, and asked for a pint of beer—my husband brought him round, and asked me if he was not the lad who gave me the half crown on the Monday night—I recognised him directly, and he was given into custody—this is the half crown.

JOHN HARPER . On Monday, 24th March, my wife showed me this half crown—I bit it, and returned it to her—on Tuesday, the 26th, the prisoner came again—my wife had given me a description of him, and from what I had heard, I brought him round to her, and he was given into custody.

WILLIAM BUTLER (City policeman, 659). On 25th March I was called, and took the prisoner into custody, for coming the night before and passing a bad half crown—he said he did so, but he did not know it was bad; he had picked it up in the street—I searched him, and found this other half crown in the lining at the back of his coat—he had no other money about him.

WILLIAM WEBSTER . These are both bad.

Prisoner's Defence, I saw these lying down, and picked them up; I put them in my pocket; I went on Monday night for a pint of beer, and gave a half crown; I drank part of the beer, and the beer shop was shut up, or I would have taken the can back; I went on Tuesday for another pint of beer, and gave the other half crown.

GUILTY . Aged 17.— Confined Nine Months.

432. WILLIAM JACKSON was indicted for a like offence.

MESSRS. BODKIN and POLAND conducted the Prosecution.

ELIZA HARPER . I am the wife of John Harper, a licensed victualler, of the White Swan, Farringdon-street. On 13th March, about half past 8 o'clock, the prisoner and another man came in—they asked for half a quartern of gin—it came to 2d.—the prisoner threw down a sovereign—I went into the bar parlour to get a half sovereign to give change—I bent the sovereign in the trier, and I told the prisoner it was bad—he wished to have it back, and said that he would pay me in coppers—I told him I should detain it, and send for a constable—he ran out of the house, the other man remained—he drank the gin, and ran away—I was not paid for the gin—the policeman pursued the prisoner, and brought him back in four or five minutes—I am quite sure he is the man—I gave the sovereign to the officer.

Cross-examined by MR. LILLEY. Q. This was half past 8 o'clock in the evening? A. Yes—the prisoner might have been in the house four or five minutes, or more—there were other persons in the other part of the bar—they went there first, and then came into the other department.

MR. BODKIN. Q. How many departments have you A. Two—they went first into the public department—there were six or eight persons there—they left that, and came into the private department—there was no one there but themselves—they were in the public department three or four minutes—they did not ask for anything there.

JOHN RIDGEN (City policeman, 260). On 13th March I heard a cry of "Stop thief!" in Field-lane—I saw the prisoner running up Fleet-lane—I ran and stopped him, about half way down the Old Bailey, brought him back, and he was identified by the last witness—I took him to the station, and found on him a good shilling—he refused to give his address.

Cross-examined by MR. PARRY. Q. Did he not say he had not got any address? A. No—I do not know anything of him—he had been drinking but he knew what he was about—he was running—I did not see any one running before him—there is a corner within two doors of the public home where he was—a person might easily get round the corner.

WILLIAM WEBSTER . This sovereign is bad.

COURT to MRS. HARPER. Q. Did you notice whether the prisoner was in liquor? A. He was not.

Prisoner's Defence. On Thursday, 13th March, I sold a set of harness for 23s. to a man that I have seen several times in the Cattle Market; he had paid me about two hours, and I had been drinking with him till I went into the public house, at half past 8 o'clock at night; I bid the man good night at the door; I went in with a young man to have half a quartern of gin; I laid the sovereign down on the counter to pay for the gin, as I knew I should want change in the morning; the lady put it into the detector directly, and bent it, and said, "I will keep it till a policeman comes; "I said, "If you will give it me back, I will pay you for the gin," but she would not; I then opened the door, and tried to see if I could overtake the man that I took the money of; I saw the turning he took, but as soon as I got round the corner, I had the potboy running after me, and hallooing, "Stop thief!" I knew I had not committed any felony, therefore I would not stop, until I could see whether I could overtake him or not; my object was getting my sovereign, as I did not know where he lived; I was in liquor, and felt rather excited at it.

GUILTY .* Aged 36.— Confined One Year.

433. JOHN ROBERTS , burglariously breaking and entering the dwelling house of Abraham Phillips, and stealing therein 8 bundles of cigars, value 6l., his property: to which he

PLEADED GUILTY . Aged 20.— Confined Twelve Months.

434. MARY ANN PRIOR , feloniously cutting and wounding Hannah Kendall, with intent to do her some grievous bodily harm.

HANNAH KENDALL . I am the prisoner's sister. I am married to James Kendall—on the night of 24th Feb. my sister and I bad a quarrel—I got her to give up some property, belonging to another person—I made her give it up to that person—I lived with her, and she came home and said she would certainly take and do for me—she was in drink—this knife was amongst some others, and she picked it out and stabbed me with it in the face and the breast—she said that she hoped she had done for me—when we quarrelled in the street, we fought, and I thought it was all over, and came in.

Prisoner. I was very much in liquor.

JAMES CATHRAN (policeman, N 153). On the night of the 24th Feb., the last witness was brought to the station—she was bleeding from wounds in the breast and the face—I went after the prisoner, and found her in a public house—I told her I took her into custody for cutting and wounding her sister with a knife—she said, "That has to be proved" I said, "You have nearly killed the woman"—she said, "A good job too"—she was not drank when I took her—it was then about half past 9 o'clock.

HANNAH KENDALL . It was about half past 8 o'clock, when I was stabbed.

GEORGE WILLIAM HENRY COWARD , I am a surgeon. I examined Kendall; I found a wound on her right cheek, extending to the bone, and a wound on the chest—the wound in the face must have been with violence—it was an inch and a half long.

GUILTY of unlawfully wounding. Aged 24.— Confined Six Months.

435. JOHN WALSH , robbery on Meer John, and stealing from his person 30s. of his money.

MR. SLEIGH conducted the Prosecutions,

MEER JOHN . I live at St. Ann’s-hill, Westminster. On 13th March, I went to the lodging house where I live, about a quarter past 5 o'clock—I had seen the prisoner in a public house about half past four o'clock—I received there, a half sovereign, a sovereign, a half crown, and a sixpence, and put them in my right hand pocket—the prisoner was present then—he came to the door of my lodging after me, and said, "What are you doing here, John?—I said, "I don't know you"—he put his hand to my neck, and knocked me down on the floor in the lodging house, and took my purse and half sovereign, sovereign, one sixpence, and a half crown—there were then more than a dozen persons in the kitchen—I knew nothing of him before, I only saw him at the public house—the other persons who were there were all living in the lodging house—the man belonging to the lodging house called a policeman.

Cross-examined by MR. M'ENTEER. Q. Where are you from? A. From Calcutta; I am a cook—I sometimes go cooking at gentlemen's houses—I was sober that day—I had drank a glass of 4d. ale before I saw the prisoner—I had not drank any mm—I do not know the Bull, in Chapel-street—I had only been in one public house, and drank one glass of ale—I had no woman with me—I was not in company with any woman—there were a great many persons in the room where I was knocked down—none of them offered to take him prisoner—on 1st March, I came home from the Baltic, in. the ship

Tartar—I have been a cook in Westminster, more than ten years—I have cooked in Morley's Club-house, at Knightsbridge—at General Gibbs's and other gentlemen's houses—I had drank a little drop that day, but I was quite sober.

MARY ANN ADAMS . I lodge in the same house—I remember the afternoon on which this occurred—the prosecutor asked me to go with him to a public house to receive some money—I went, and saw him receive a sovereign and a half sovereign in gold—he put it in his pocket—I saw the prisoner—I returned with the prosecutor to the lodging house—we went in together—when the prosecutor was putting his hand into his pocket to give me some money to get some tea, the prisoner came in, and put his hand on his shoulder, and knocked him down, and took his money from him—there were upwards of twenty persons in the kitchen, females and men—the prisoner threw the prosecutor on the ground and robbed him, without any resistance from the persons in the kitchen—the prisoner ran out, and the prosecutor went up stairs to go to bed—the policeman and I went to seek the prisoner—the prosecutor had been drinking a little, but was perfectly aware what he was doing, and knowing what money he had—I had been lodging in that house two or three months.

Cross-examined. Q. The prosecutor was a little the worse for drink? A. Very little—I am not married, I am a needle woman—I really do not know what is the character of that house—I am not what is called an unfortunate girl, to make a practice of it—when I get work at my needle, I do it—I do not know whether there are unfortunate females living there—the prisoner and the prosecutor were rolling on the floor about three minutes—he knocked him down and took his money—it was done in an instant—he missed his money immediately he got up—when he got up, he said, "Me know the man that took my money, John Walsh"—but he felt so injured he was not able to go to look for him—I never saw Meer John before be came in and said, "Come with me to a public house;" and I went with him—he was about to give me money to get some tea, and the prisoner came in and put his hand on his shoulder, and said, "John, what game do you call this?"—I had never seen the prosecutor till that day, nor the prisoner.

PHILIP HOCKING . I live at that lodging house, at St. Ann's-hill, Westminster—I am as servant to take the money from the lodgers—hearing a noise on that afternoon, I went into the kitchen; the prisoner had the prosecutor down on the floor, and had his knee on his chest—I saw he was taking his hand from his pocket, and he got up and ran out of the house—there were a good many other persons in the room, but there were a good many old men and old women—I collared the prisoner, and attempted to stop him, but he being stronger than me got away—I asked the prosecutor what the prisoner had done to him—I went out and saw the prisoner two hours afterwards in the street, staggering drunk—I called a policeman, and gave him into custody.

Cross-examined. Q. What is the character of this house? It is in rather a low neighbourhood—I do not know how many were in the room—I did not see the beginning of this scuffle, I came down when I heard the noise.

MART COLLINS . I reside with my husband in that house. I was in the kitchen when the prosecutor was robbed—I sat close to the door when be came in—he had been five minutes in the kitchen when the prisoner followed him—he caught hold of him by the neck, and said, "John, what do you mean by this?"—John said, "I don't know you"—the prisoner threw

him down, put his hand in his pocket, and pulled kit pocket right out, took the money, and ran away—I flaw the last witness come in, and try to stop him, bat he could not.

Cross-examined. Q. This is a very rough place? A. I do not know—I have been there nine months—these men were on the ground—the prosecutor had not strength to struggle with him.

JOHN CLARK (policeman, A 273). I was desired to take the prisoner, about half past 5 o'clock that evening—Hocking desired me to take him—I told the prisoner the charge against him was knocking down and robbing a man of colour of 1l. 10s., in gold—the prisoner said, "I wish to God I had it now"—I took him to No. 2, St. Ann's-hill, and he was identified, not by the prosecutor—he was in bed—he saw the prisoner the next morning, and immediately identified him.

GUILTY .

ALFRED TAYLOR (policeman, A 246). I produce a certificate—(read: "Clerkenwell Quarter Sessions, Jan., 850 John Walsh, convicted of stealing spoons and other articles; confined six months)—the prisoner is the man.

GUILTY.† Aged 32.— Four Years Penal Servitude.

436. GEORGE HOWE , stealing two table tops, value 3s.; the goods of James Wild.

HENRY WALLER . I am carman to Mr. James Wild. On the morning of 5th April, I was with his cart in King William-street—I had a number of goods, and amongst them were two table tops—I had seen the prisoner in Shoreditch, he followed my cart, and in King William-street I saw him take the two table tope, put them on his shoulder, and walk away—I pulled round by the statue and went after him—he put them down and said, "I picked these up, they fell from your cart"—I had tied them on the cart, and I saw him take them off.

Prisoner. They fell off the hind part of the cart; he could not see me take them. Witness. I had some suspicion, and watched him—I saw him take them.

(The prisoner produced a written defence, stating that he saw the table drop, and picked it up.)

GUILTY .

The prisoner was further charged with having been before convicted,

WILLIAM GIRLING (policeman, G 120). I produce a certificate—(read: "Guildhall, Feb., 1854, Charles Turner, convicted of stealing a basket containing two rabbits, and other articles; confined twelve months")—the prisoner is the man, I had him in custody—he has had twelve months on another charge.

GUILTY. Aged 28.— Confined Twelve Months.

OLD COURT.—Wednesday, April 9th, 1856.

PRESENT—The Eight Hon. the LORD MAYOR; Mr. Justice CRESSWELL; Mr. Justice CROMPTON: Sir ROBERT WALTER CARDEN, Knt., Ald.; and Mr. COMMON SERJEANT.

Before Mr. Justice Cresswell and the Third Jury.

437. JAMES WILLIAMS , stealing, whilst employed in the Post-office, a post letter, containing 24 postage stamps, and 2 half-sovereigns; the property of the Postmaster-General: to which he

PLEADED GUILTY . Aged 25.— Six Years Penal Servitude.

438. FUSEDALE BLOOR POPE , stealing 1 cash box, and 13 bills of Exchange, for the payment of divers sums of money, amounting to 6,208l. 15s. 10d., and two orders for the payment of 20l.; the property of Paris Simonides, his master: to which he

PLEADED GUILTY . Aged 13.— Six Years Penal Servitude.

( There was another indictment against the prisoner, for feloniously setting fire to the premises of his master, upon which MR. PAYNE offered no evidence.)

439. ELIZABETH ANN HARRIS was indicted for the wilful murder of Ellen Harris.

MESSRS. BODKIN and CLERK conducted the Prosecution

ELLEN WALKER , I am the prisoner's sister—she had three children in the beginning of this year—she was never married—the children's names were Ellen, Agnes, and Tommy—Tommy is the baby—Ellen was about four or five years old, and Agnes two years and a half—I saw my sister with her children, on Friday, 15th Feb., at 11 o'clock in the morning—I knew that she had been in the workhouse with all her children before that—she left the workhouse that morning—I saw her at Carston's Mill, in the Cowley-road, leading from Uxbridge—she was at that time coming from the workhouse—I did not go anywhere with her—I met her there, and left her there—I had a little conversation with her, not much—she told me she was going to Portsmouth—she told me she was going to take herself and her three children, and she had not enough money to pay her fare, and she sent back to me in the afternoon for 2s.—she told me she was going to the cither of the last child—I did not see anything more of her on that day—she sent my little girl to me in the afternoon for the 2s.—I gave her the 2s., and a bottle of elder wine for the children, to help them on their journey, and some bread and butter—I saw the dead bodies of the two children, Ellen and Agnes, next morning, at the Anglers' Arms public house.

Cross-examined by MR. SLEIGH. Q. Had this girl always behaved with kindness to her children? A. Yes, very much so—she always treated them kindly and affectionately.

ELIZABETH WALKER . I am twelve years old, and live with my mother at Uxbridge—the prisoner is my aunt—I remember the day upon which the two children were drowned—I had been to the union workhouse that morning—the prisoner was there, and her three children—we all came away from the workhouse together, about 10 o'clock—we came to West Dray ton, to Mr. Tollitt's public house—we got there about half past 12 o'clock—I went home to my mother's after that, with a message from the prisoner, and returned again to Mr. Tollitt's, about 6 o'clock or half past—I found the prisoner and the three children there, as I had left them—I told the prisoner the message I had brought from my mother, and I gave her 2s. and some bread and butter—after I had been there some time, the prisoner went out—I do not know what o'clock it was when she went out—it was not long after I had got back—she took the two children with her—I held the baby—she said she was going to look for a bed for the children—nothing was said about where the children were to sleep—I know Mr. Cousins's, that is the next public house—nothing was said about that when she went out—she was gone about a quarter of an hour or tweoty minutes—she then came back—she had neither of the children with her then—she did not say what she had done with them—I told her to take her luggage to the station—she had brought some luggage with her from the union—she took the luggage, and went away from Mr. Tollitt's—I did not go with

her, I stopped at Mr. Tollitt's—she did not take the baby with her then—she was gone not many minutes—when she returned she took the baby, and put me into the omnibus to go to Uxbridge, where I live—the station is not far from Tollitt's.

Cross-examined. Q. What kind of day was this? was it a fine day, or a rainy day? A. It rained in the morning—Cousins's public house is not far from Tollitt's—it would take me about five minutes to go—you do not go by the side of the canal to get there, you go under the bridge of the station, the railway bridge—I do not know how far the canal is from Tollitt's.

JOSEPH GOODALL . I am a labourer at Ewsley—there is a bridge over the Grand Junction Canal called Ewsley Bridge—I live near that bridge—on the Friday evening that the children were found in the canal, I saw the prisoner near Ewsley Bridge, about half past 6 o'clock—I was on the bridge—the prisoner had two children with her—she was about half way up into the road from the water side, I mean from the towing path—she was coming from the towing path—the towing path comes under the bridge—she was coming from the towing path up into the road—she went down the road on the same side as she came up—that road leads into the Uxbridge road—I did not speak to her then—I saw her again about three minutes afterwards—she came back on the same bridge—both the children were with her—she came back, and asked me if I could tell her where Mr. Turton, the shoemaker, lived, and I told her—he lives in the neighbourhood, on the Uxbridge-road—she then went as if she was going in the direction for Mr. Turton's that is, away from the canal—I afterwards saw her again on Colham Bridge—that was about half past 7 o'clock—she was then alone—there were no children with her—she was then going down towards Mr. Tollitt's towards Dray ton station—there was some one standing on the bridge with me at that time—the prisoner crossed the bridge—she afterwards came back with a baby in her arms—that was two or three minutes afterwards—I was still on the bridge—she asked me if I was speaking to her—I was speaking to a young woman who was along with me—that young woman answered the prisoner, and said, "No"—nothing else passed—the prisoner crossed the bridge, and went right straight along the Uxbridge-road—I saw her again that evening, in the lane that leads from Ewsley Bridge to the Uxbridge-road, about half way in the lane—I think that was about 8 o'clock—she then had her baby in her arms—she was then coming back into the Uxbridge-road from Ewsley Bridge—I did not see anything more of her after that—I afterwards saw the bodies of the children that evening, lying on the bank of the canal, after they had been pulled out of the water—they were close to Ewaley Bridge—that was close to the place where I had first seen the prisoner with the two children that evening—the bodies of the children were afterwards taken to Mr. Rumble's, at the Anglers' Arms.

Cross-examined. Q. When the prisoner asked you where Turton lived, she had not the two children with her, had she not? A. Yes—she had not the children with her when she passed me and the young woman, and asked if we were speaking to her—she had got the baby then—she was walking sharp, but not running—she was about two yards from us at the time she put that question—I was not talking very loud—I do not know that she could have had any reason to suppose we were addressing her—we were not speaking to her.

MR. BODKIN. Q. The bridge she came over then was not the Ewsley Bridge, but another? A. Yes, the Colham Bridge.

COURT. Q. Do you recollect what you were saying just before she past that question? A. No, not particularly, I do not.

MARY ANN GOODALL . I am the sister of the last witness, and live at Ewsley, sixty-three yards from Ewsley Bridge, on the side towards the Uxbridge-road—I was near Ewsley Bridge on the Friday night that the children were found in the canal, about a quarter past 7 o'clock—I saw the prisoner on the bridge—I was by myself at that time—the prisoner had three children with her—she had one in her arms, and one on each side of her—she went down as far as Mr. Stratton's gate, and then turned back again, and came on to the bridge, and I turned and went on towards Ewsley—that is not towards the Uxbridge-road—I turned, and came back—she came back again on to the bridge, and I turned back again to Ewsley—she was then coming from Mr. Stratton's gate on to the bridge—I went on to my own gate, and stood there talking to a young woman—while I was doing so, I turned round and saw the prisoner again—that was at 25 minutes past 7 o'clock, about ten minutes after I had seen her first—she then came up the canal side, and ran towards Drayton—she was by herself—she had nothing in her arms; there was something hanging before her—she came up from the right hand side of the bridge, going over the bridge—that is on the same side as the dock is.

COURT. Q. Did she come up from the same side of Ewsley-bridge that your house is, or the other side? A. The other side.

MR. CLERK. Q. Do you know how far she went at that time past your house? did you lose sight or her A. Yes—I afterwards saw the bodies of the two children lying on the bank of the canal—that was at 25 minutes to 8 o'clock, about a quarter of an hour after I had seen the prisoner go past me—they were on the same side of the bridge as that from which I had seen the prisoner come up.

THOMAS WYMAN . I am a labouring man, residing at Uxbridge. On Friday evening, 15th Feb., I was crossing Ewsley-bridge, about half past 7 o'clock—I was going towards the Trout, from the Uxbridge-road—I looked over the bridge, and saw two objects floating on the surface of the water—I went down to the side of the canal, and looked, and saw they were children—I pulled the eldest child out first, and then the second one—I believe they were quite dead—they had their clothes on—one had her bonnet on; the other had it off—I laid the bodies on the bank by the side of the canal, and went for assistance—they were afterwards taken to the Jolly Anglers, kept by Mr. Rumble—a doctor was sent for directly—I knew nothing of the prisoner or the children.

ALFRED WILLIAM WARDER . I am a surgeon, of Uxbridge. I was sent for to see the bodies of two children, at the Jolly Anglers beer shop, on Friday night, 15th Feb.—I got there between 9 and 10 o'clock—the bodies of two children were shown to me—they were both dead—there were no appearances indicating the cause of death—I examined the bodies externally—there were no injuries about them—the appearances were quite consistent with their having been suffocated by water—I afterwards made a postmortem examination—I have no doubt whatever that they died from suffocation by drowning.

THOMAS COUSINS I keep the Railway Arms public-house, at West Drayton, close by the Great Western Railway station there. Tollitt's house is on the opposite side of the same railway—you go under the railway to it—a person coming from Tollitt's house to mine would have to pass through that arch, and then come immediately to my house—the Grand Junction

canal is straight up the road—a person would not have to pass over the canal in order to go from Tollitt's house to mine—it does not lie between them—it is on the other side of Tollitt's—I know the prisoner by sight—she came to my house on Friday, the 15th, about a quarter before 2 o'clock—she had not her children with her then—she asked me if I had got "Bradshaw's Guide"—I gave her some information about going to Portsmouth—I told her the way to go, and the cheapest way she could do it—she then asked if she could be accommodated with a bed there that night for herself and baby—I said, "Yes," and she then went away—she returned again about a quarter past 7 o'clock—she had no child with her then—she brought a bundle with her, which she left at my house, and went away again—she returned about a quarter past 8 o'clock, with her baby, and a basket—soon afterwards the officers came to my house, and she was taken into custody—she had not made any inquiry of me with respect to two other children sleeping at my house that night.

Cross-examined. Q. Do you know Turton's, the shoemaker's? A. Yes—that is not on the same side of the canal as Tollitt's house—a person going from Tollit's to Turton's would have to cross the canal bridge—the prisoner had no conversation with any person in my house besides myself about a bed.

Q. Are you quite sure she did not say something about having a bed for her babies? A. She said for herself and baby.

JOSEPH HENRY TAYLOR (policeman, T 115). On the evening of 15th Feb. I received information that two children had been found in the canal—they were taken to the Jolly Anglers—I afterwards went in March of a person who had been described to me—I went to Cousins's public-house—that was about half past 8 o'clock—I found the prisoner there, with her baby in her arms—I asked her where she came from when she came there—she said, "From Oxbridge"—I said, "Where might you be going when you leave here?"—she said, "To Paddington"—I said, "Why I ask you these questions is, two children have been found drowned in the canal at Ewsley, and you answer the description of the person that was seen with the children shortly before"—she said, "I don't know where Bwsley is"—I then sent for Goodall and his sister to identify her, and I then took her into custody—previous to my sending for the persons to identify her, she corrected herself, and said, "What am I thinking about? I am not going to Paddington, but to Basingstoke"—on our way to the station we had to go near the Jolly Anglers, and I went in there with the prisoner—the bodies of the children were in the room into which we went—I said to the prisoner, "There are the children that have been found drowned"—she went towards them, and kissed them both, and said, "They are my children; I brought them out of the Union this morning"—she said nothing more—I found a bundle and basket at Mr. Cousins's, which I produce.

Cross-examined. Q. Did you show the jacket and hat which were taken out of the bundle to the little girl, Elizabeth Walker A. Yes, before the Magistrate—Ewsley-bridge is not morje commonly known as the railway bridge—I never heard it called so—I never heard it called by any other name than Ewsley-bridge—it is about two miles from Uxbridge—the examination took place before the Magistrate the next day—Masters, the police constable, was in attendance there that day—he was at the door of the police court while the examination was going on.

MR. BODKIN. Q. He was not examined before the Magistrate? A. No.

MARY SMITH . I am the wife of Thomas Smith, and act as searcher at the

Hillingdon station house. I searched the prisoner when she was brought into that station house on this charge, on Friday, 15th Feb., about a quarter to 10 o'clock—while I was searching her, I said to her, "Oh, dear! oh dear! are you aware what you have been doing of?"—she said, "I am perfectly aware what I have been doing of"—some time after, in the course of the same evening, the wife of the inspector of police came into the room and she said to me, "I wonder she had not served the other child the same," and the prisoner said, "This one has a father, and the others have not"—I found on her 8s. 4d., a pair of scissors, and some letters.

Cross-examined. Q. Did you attend at the Coroners inquest? A. Yes, and gave my evidence there—I had the care of the prisoner that night—I stayed with her from about 12 o'clock till the morning part—before that I was in and out of the room frequently—during my absence from the room there was no other female watching her, or taking care of her—Masters, the policeman, was there—during my absence, he had charge of the prisoner—the longest time I was absent might have been a quarter of an hour, perhaps—I saw Masters all the night—he was on duty there the whole of the night.

WILLIAM TIMEWELL . I am a police inspector, at Hillingdon. I was at the station house there on Friday night, 15th Feb., when the prisoner wag brought there—I took the charge—before I took the charge, I said to her, "You are charged with a very serious offence, and if you say anything it will be told to the Magistrate"—I then proceeded to take the charge—I asked her her name—she said, "Elisabeth Harris"—I said, "Where do you live?"—she said, "I left the Union this morning"—I said, "Then you have no home?—she said, "I was going to see for a home, and I could not leave my children behind me"—that was all she said.

Cross-examined. Q. Was there any one present at the time you entered the charge? A. Yes, Mr. Cousins, and the witness Taylor—when prisoners make a short statement, I always trust to my memory to recollect it, but if it is a long one, I put it in writing—this being a short statement, I trusted to my memory.

MR. BODKIN. Did you prepare this plan (producing one)? A. I got it prepared, and I have walked over the locality—it accurately represents the place.

STEPHEN, MASTERS (policeman, T 199). I remember the night when the prisoner was brought into custody to Hillingdon station house on this charge—I was on duty there that night—I was in the room where the prisoner was—she addressed an observation to me—I cautioned her—I told her that whatever she said would be repeated again—after that she said she wished I her baby was in heaven too—the infant was not with her at that time, it had been sent to the Union—she said she had no wish to live, she had seen too much trouble lately to have any wish to live—she said, "I hope those letters taken from me will not be shown in Court, they are from the father of my last child; he had no knowledge of what I was going to do with the children; he is at Portsmouth, he has sent for me to go to him, but I could not take the children with me, and I would sooner see them drowned than left in the care of others"—"poor things," she said, "they were both afflicted; I took them down by the canal, and under the bridge; they neither I screamed nor cried, either of them; I left my sister's little girl at Tollitt's, and told her I was going to take the other two children to put them to bed—she then asked me if a person would not sink when in the water—I said I did not know, for I never witnessed a case of the kind—she said, "They

did not; if they had, they would not have been found; they did not sink when I put them in, but I did not stay to look at them more than a minute"—this was not all given to me as I have stated it now, it was given in different sentences—I did not make a memorandum of it at the time—I made a written statement of it a few days after, and gave it to the inspector—I was in attendance when the Magistrates were taking the examination of the prisoner—I was stationed at the door of the court on duty—I was not examined before the Magistrates—the examination was on the Saturday, the next day—there was only one examination, she was at once committed.

Cross-examined. Q. Was the examination before the Magistrates held before, or subsequently to, the inquest? A. Before—I attended at the inquest—I first went into the room in which the prisoner was confined about 10 o'clock at night—Mrs. Smith was in the room when I first went in—I was in and out of the room, I did not stop constantly in the room, for the first half hour; I lighted a fire, and Mrs. Smith stopped with her while I was doing that—half an hour elapsed before Mrs. Smith left the room—no conversation had taken place between me and the prisoner before Mrs. Smith left the room—this statement of the prisoner's was made in different sentences—it was all made within the space of half an hour—some of it was while Mrs. Smith was in the room; that part about the letters, saying she hoped they would not be shown in Court, as they were from the father of her last child, and he had no kriowlege of what she was going to do with the children—that was the commencement of what she said to me—I cautioned her as soon as she commenced speaking—the first thing she said to me was, that she wished her baby was in heaven too—Mrs. Smith was not present then—I cannot say exactly how long Mrs. Smith had been out of the room when the prisoner said that; she was in and out of the room all the early part of the night—I did not tell her that the prisoner had said something to me about wishing her baby in heaven, nor that I had cautioned her as to. what she might say—I did not ask Mrs. Smith to come in and listen to any part of this conversation—I have been in the police force nearly thirteen years, and have been twelve years in that same district—I had known the prisoner for several years.

Q. When this poor creature said she wished her baby was in heaven too, did you say to her "You can easily have another"? A. I did not, nothing of the kind—I did not make any communication to Mrs. Smith during any portion of the night, touching that which the prisoner had communicated to me, nor to any other person during the night—the inspector was not on duty there after 1 o'clock—I was in the room with the prisoner all night, and Mrs. Smith also, from 1 o'clock, or shortly after—the inspector came in just before 1 o'clock—I did not make any statement then to him as to what the prisoner had said to me—I made a statement to the inspector next morning—I repeated to him that which the prisoner had said to me during the night—I attended at the police court that day—I did not offer myself as a witness—it was either on the Monday or Tuesday that I gave the written statement to the inspector—it was the day before the inquest was held.

MR. BODKIN. Q. I think you say you have been twelve years in that district? A. I have—I am a married man, and have six children.

ELLEN WALKER re-examined. This jacket is what the eldest child, Ellen, used to wear, and this hat was Agnes's—Ellen was lame—I do not know that there was anything the matter with the other.

GUILTY . Aged 25.— DEATH .

Before Mr. Justice Crompton.

440. WILLIAM THOMPSON , feloniously uttering a forged 5l. Bank of England note.

MESSRS. CLARKSON and BAYLEY conducted the Prosecution.

WILLIAM SILCOCK . I am assistant to Mr. Frew, a tailor, in Holborn On Monday, 25th Feb., between 1 and 2 o'clock, the prisoner came then, and asked for a coat—I showed him several, and he selected one at 32s. he tendered in payment what appeared to be a 5l. Bank of England note—I returned it to him, and asked him to endorse it, which he did—this is the note (produced)—this is what he wrote upon it, "William Wilmer, Goss-street, Biggladse"—I asked him how far that was—he said it was not far down the line—I sent the note up to Mr. Frew, and full change was brought down—I gave the prisoner 3l. 8s., and he immediately left with the coat and the change—the note was afterwards paid away, and returned as forged—we sell boy's clothes at our establishment—there were none in the window, but there was at both the doors, and in part of the window—any person coming in as the prisoner did, could not help seeing them—I afterwards saw the prisoner when he was brought up at Bow-street, and identified him—I recognised him immediately.

Cross-examined by MR. THOMPSON. Q. Was he brought up alone? A. Yes, there was no person with him—his nephew appeared, but not standing with him—between 1 and 2 o'clock is not a more busy time with us then any other—we have a man in livery outside our door distributing bills—the prisoner was about a quarter of an hour in the shop—the coat he bought was a black one—I sent the note up to Mr. Drew, and saw no more of it till I saw it at the police court—I remember seeing the word "Biggladse" on the note, which we took for Biggleswade—I did not recollect the address until I saw it on the note at the police court, but I then recognised it immediately—I have a book in which I enter the sales I make—it is not here—I did not know it was requisite to bring it—Mr. Frew is not here.

MR. CLARKSON. Q. Is that the endorsement that you saw the prisoner write on the note you received? A. It is—I remember that the coat came to 1l. 12s., and that I gave him 3l. 8s. in change.

COURT. Q. When you looked at the note at the police court, did you then remember what had passed about Biggleswade? A. Yes.

WILLIAM JONES HUNT . I am the manager of Messrs. Moses and Soms' establishment, in New Oxford-street On Monday afternoon, 25th Feb. about half past 2 o'clock, the prisoner came there, and asked to see some boys' clothing—he selected a coat, waistcoat, and trowsers, which came to 1l. 9s. 9d.—he produced in payment a supposed 5l. Bank of England note—this is it (produced)—I requested him to endorse it—he said that he had already done so at an establishment where he had called, prior to calling upon us; that he had tendered it there, but they had refused it in consequence of not having sufficient change—I looked at the note, and was dissatisfied with it; I suspected it was bad—the endorsement on the note was "W. Thompson, No. 9, Bunhillrow"—I find that endorsement on this note—I gave the note to James Phillips, a messenger in our employ, and gave him certain directions, without saying anything to the prisoner about it—Phillips returned in about an hour and a quarter, or an hour and a half with the note stamped "forged," as it is now—I produced it to the prisoner, and told him it was a forged Bank of England note—he said, "It is a bed job, I know where I got it from; I got it in change"—a policeman was outside the shop, and I gave the prisoner into his custody—I did not see

him during the hour and a half that Phillips was gone with the note, not till I took the note to him on Phillips's return—I left him in charge of a young man named Prax, that attended to him—he is not here—I went to the police court next day.

Cross-examined. Q. Are you the cashier at Messrs. Moses? A. No, I am the manager—it is my duty to receive monies, and to see that the business is properly attended to—I took this note from the prisoner's own hand—I said nothing to him when I gave the note to Phillips—I left Prax talking to him, I do not mean that I left him in his custody—it was the prisoner's own voluntary act remaining there for the hour and a half—he made no attempt to escape—I believe this is the first time that forged notes have been offered at our shop—I did not put any mark on the note when I gave it to Phillips—I remember the address that was on it—this was between the hours of 2 and 3 o'clock.

JAMES PHILLIPS . I am housekeeper to Moses and Sons. On 25th Feb. I received a 5l. note from Mr. Hunt, and in consequence of instructions I received from him, I took it to the Bank of England—before parting with it, I put my initials at the back; they are here now—I presented the note at the Bank, and received it back, marked "forged"—I then returned to my employers, and gave the note to Mr. Hunt.

Cross-examined. Q. I believe you were not examined before the Magistrate? A. No; I was there, but was not examined—I put my initials on the note in pencil as soon as I got out of the house, going along the street—I generally put my initials on every Bank note that passes through my hands—I had not time to do it before I started, I was told to make haste as the man was waiting.

JAMES CRASK (policeman, B 160). In consequence of information, on 25th Feb., I went to Messrs. Moses' shop; and took the prisoner into custody—he was told what the charge was—he said, "It is a bad job for me, I did not know that it was bad"—he was taken to the station—the inspector then asked him where he got it from—he said, "I will tell you the truth; a nephew of mine, who is a postman, picked it up at Boxall, near Bedford"—the inspector then asked him where he came from—he said that he came from Boxall, near Bedford—the inspector asked him where he had been living—he said, "I am staying at No. 9, Bunhillrow, St. Luke's"—I went there, but nothing was known of him—I returned to the prisoner, and told him the address he had given me was false—he then said, "I have made a mistake I suppose, but I was so confused, I did not know what I was talking about; I am a stranger about London; I am not acquainted with it," or something to that effect—but he said, "I think it is Hamlington's Wildings, Bunhillrow"—I went there, and found that was right—I went to No. 5, I believe it was—I found he was staying there with some friends of his—I searched him, and found on him 4l. 15s. 7 3/4 d. and a watch—when he was taken to the police court next day, he did not produce any witness—at the second examination he produced a person, whom he represented as his nephew.

Cross-examined. Q. At the time he mentioned about the note being found, did not he mention a place called Potter-street? A. No, that was at the second examination, after his nephew was examined—he then stated that they were found in Potter-street, Bedford—he said his nephew picked it up in Potter-street, Bedford, against the third lamp post—the place I went to was Haralington's-buildings—I do not exactly remember whether it was Hamlington's or Tomlinson's, the name was very nearly scrubbed out, I

could hardly see it—I think it was No. 5 I went to, not No. 8; but I will not swear it.

MR. CLARKSON. Q. Did the nephew speak of more than one note? A. No.

COURT. Q. When the prisoner spoke of his nephew finding the note, was he speaking of one note? A. Only one then—at the second examination, after the nephew had been examined, he leaned over the bar and said, "Two," after he knew that there was another note against him.

GEORGE OSBORN (policeman, E 138). I have been down to Bedfordshire—there is no such place as Boxall, near Bedford.

Cross-examined. Q. Is there such a place as Potter-street? A. Yes—I have not made inquiries down there about the prisoner—I have not been there lately—I am a native of the place.

ARTHUR ROWLETT . I am one of the inspectors of notes, at the Bank of England. These two notes are forgeries in every respect—I think they are undoubtedly from the same plate—the numbers are different, but they are put on after the plate is completed.

Cross-examined. Q. Is that the case with forged notes? A. I should think so, in all probability—it must be so, because the numbers are over the engraving.

MR. THOMPSON called the following witnesses for the Defence.

JONATHAN CRANFIELD . I am a farmer, and live at Cotton End, near Bedford On Saturday, 22nd Feb. last, I received two 5l. Bank of England notes, and eight sovereigns and a half, from Mr. George Lockey, of Stamton—I lost those two notes about 4 o'clock that afternoon, in Potter-street, Bedford—I could not identify the notes, no more than they were Bank of England notes—I did not put my name on them, nor did Mr. Lockey.

Cross-examined by MR. CLARKSON. Q. Do you mean to say that you know where you lost them, and the time? A. I lost them about a quarter past 6 o'clock in the evening—I did not positively know that I had lost them in Potter-street—I thought I lost them there.

WILLIAM THOMPSON , I do anything now. In Feb. last, I was post-boy to Mr. Knowles, the railway contractor; I carried letters from the post-office to the railway—on 24th Feb., I found two 5l. notes in Potter-street—it was a little after 8 o'clock on the Sunday morning—I took them home to my aunt, and showed them to her—she did not know what they were, and I showed them to my mother, and then to my father, and then he showed them to my uncle, the prisoner, and he brought them up to London.

Cross-examined. Q. Did not your uncle know what they were? A. He showed them to a man who was in the house, one of my father's lodgers—he is not here—my father is here—I found two 5l. notes—I can read a little (looking at the notes)—I cannot read the writing; I can read but very little—I was before the Magistrate—this is my signature to this deposition—I remember being asked by the Magistrate, whether there were two papers or only one—I told him there was only one—I was wished to say only one—so many wished me to say so—I do not know who they were—I told the Magistrate I only picked up one, but there were two; but I was wished to say there was only one, or I should not have said so—I am not working for any one now—my father did not wish me to say there was only one, he told me before I came up here first, to say two, and my mother too, and then I was wished to say only one afterwards—I hardly knew what I did say—I told the Magistrate there was only one—I said, "I found this 5l. note on Sunday morning week, in Bed-ford, in Potter-street, under the third lamp post, a little after 8 o'clock"—

I saw them there, and took them up—it was doubled up—I told the Magistrate it was doubled np—I said, "I picked it up, it was damp, I looked at it and did not know what it was, but I saw it had "Bank of England" on it; I thought I had got a prize; I took it home to my aunt, and then I gave it to my uncle; I could not read the amount, that is in writing"—I do not know whether I said, "It was only one piece of paper, I am sore of that, I did not find two notes"—I do not know whether I said so of not—they asked me whether I found one or two, and I told them I found one.

MR. THOMPSON. Q. Did you cry before the Magistrate, as you are doing now? A. No, I did not—I found two 5l. notes—that is the truth.

(The witness's deposition being read, stated; "It was only one piece of paper, I am sure of that—I did not find two notes.")

(The prisoner received a good character.)

NOT GUILTY .

NEW COURT.—Wednesday, April 9th, 1856.

PRESENT—Sir CHAPMAN MARSHALL, Ent, Ald.; Sir JAMES DUKE, Bart, Ald.: and Mr. RECORDER.

Before Mr. Recorder and the Fourth Jury.

441. SAMUEL BENNETT , stealing 8 dozen pairs of gloves, value 14l.; the goods of Floris Guyt, in a vessel on a navigable river: to which he

PLEADED GUILTY. Aged 24.—Recommended to mercy by the Prosecutor. — Confined Four Months.

442. EDWARD CLARK , stealing 3 pewter pots, value 4s. 3d. the goods of Elizabeth Hall: having been before convicted: to which he

PLEADED GUILTY . Aged 47.— Confined Fifteen Months.

443. WILLIAM WRITTEN , stealing 6s.; the moneys of Robert Henry Wood and another, his masters.

ROBERT HENRY WOOD . I am a scale-maker, of Smithfield—I have one partner—the prisoner was my apprentice—he used to work in the shop—he was never allowed to take money—I marked three half crowns, a florin, and other silver, amounting to 21s., on 3rd March—I put it in the till, and it was safe at 12 o'clock in the day on 4th March—the prisoner was left in the shop alone from 12 o'clock till about 1—there are several men employed in the shop, but they were gone to dinner—I came down from dinner about 10 minutes or a quarter past 2 o'clock—I then examined the till, and two half crowns and one shilling were gone—I sent for an officer—the prisoner was charged with taking money out of the till—he said he had not touched it—he was searched at the station—the police afterwards produced to me two half crowns and one shilling—they were part of the money I had marked and put in the till—the till was always kept locked—I had left it locked that day, and I found it locked—the prisoner had not a key of it, that I know of—he had no business to have one—he had been gone to his dinner, I suppose, about ten minutes before I came down—when I came down he was not there—he came back in about an hour.

Prisoner. He never found me to rob him of anything; I had a very good character. WitnessWe had very little character with him—he was brought to me, and I took him.

EDWARD THOMAS FREDERICK HANCOCK (City policeman, 229). I was

called to Mr. Wood's, about half past 3 o'clock, on 4th March—he asked the prisoner to account for the 6s. taken from the till—he said that he he knew nothing of it—I found on him a brass guard chain, 1 1/2 d. and two keys one of which locked and unlocked Mr. Wood's till—I asked the'prisoner where he lived—he said at No. 8, Bond's-place—I went there, and found in a box in the second floor back room two half crowns and three shillings—I showed them to Mr. Wood, and he picked out these two half crowns and one shilling as his money.

ROBERT HENRY WOOD re-examined. This is part of the money I had marked—here is a "W" on the tail side—this is my key of the till, and this is the key found on the prisoner, which is similar to mine.

Prisoner's Defence. I had sold a watch to a man, and I got change, and they gave me four half crowns; I took two of them home, and put them in my box.

COURT to MR. WOOD. Q. Had you missed money before? A. Not marked money, but I have missed money for twelve months—I have discharged two lads in consequence.

GUILTY . Aged 17.— Confined Eight Months.

444. STEPHEN WIGGINS , feloniously forging and uttering an order for the payment of 14s. 2d. with intent to defraud.

HENRY MILLS . I am agent to Mr. James Bugbee—he contracts with Government for the dust carts and water carts—he keeps the Green Coat Boy public house, at Westminster—I manage that house for him—it is his custom to pay his men's wages there—they receive tickets, and I give them cash for them—the prisoner was in his service—on 23rd Feb. the prisoner brought me this ticket: "Please to pay the bearer, Wiggins, 14s. 2d. for James Bugbee. Signed, J. Bugbee"—J. Bugbee is nephew to Mr. Bugbee—I paid the prisoner 14s. 2d. in cash—in half an hour afterwards I saw Joseph Bugbee—he brought me this book from which the cheques are torn.

Prisoner. Q. Did any body see you pay me this money? Witness. There were several persons at the bar—you produced this ticket, and I paid you the money.

Prisoner. I never had the money; I only received 3s. 3d.; my money I was 4s. 2d. I owed 11d. for drink. Witness. I am sure I paid you 14s. 2d.—I believe there was 10d. deducted—I have no recollection what I paid you—I might have deducted 10d.—I think the actual sum I paid you was 13s. 5d.—I cannot say whether you owed me 11d.—as many as fifty men are employed sometimes—they come for their wages on Saturday night—I do not take any signature from them.

JOSEPH BUGBEE . I am nephew of Mr. James Bugbee; I am employed as clerk to him in his office, at the back of his private house, No. 38, Vincent-square. I keep this book—I know the prisoner, Wiggins—I take my directions as to what I am to pay the men from Mr. Perkins, the foreman—I enter this sum on the counterpart from what Mr. Perkins told me—I made out this ticket—I wrote on it, "4s. 2d., Feb. 23," the "6" in "1856," and the name "Wiggins"—this "4s. 2d. in the corner is my writing—the figures are mine—the "1" has been added to the "4" since I wrote it—there is only one person employed in that office besides me—I afterwards took this book to the Green Coat Boy, and showed it to Mr. Mills.

Prisoner. Q. When you were writing the note, did not your uncle tell you to say 3s. 8d.? A. Yes, and I went and spoke to him, and told him the other men had 4s. 2d. and then I wrote this "4s. 2d."

JAMES PERKINS . I am foreman to Mr. Bugbee. He has one office in

Vincent-square, and another in the yard where the carte and horses are kept, where we pay the tickets on Saturday nights, and the men go to the public house—it has always been done so since I have been there, which is going on for four years—I know the prisoner—on 23rd Feb. there was 4s. 2d. due to him for loading some carts with clay—it was for a day and a quarter—I ordered the lad to give a ticket for that amount—I set Wiggins to work, at 3s. 4d. a day—he had been working a week or ten days—he was what is called an odd man.

Prisoner. Mr. Bugbee ordered the boy to write 3s. 4d., and then the boy ran down the yard, and spoke to his uncle, and he came and wrote 4s. 2d.

JAMES WRIGHT (policeman, V 294). I took the prisoner on 16th March, at Battersea—I think I was first applied to on 25th Feb., at the police station—I tried to find the prisoner, but I did not find him till 16th March, Sunday evening—I told him he was wanted, for obtaining 10s. by means of a false order from Mr. Bugbee, of Westminster—he said that he was innocent of it—I told him he must go with me to the station.

Prisoner's Defence. I received 3s. 3d.; that was all the money I received; I hope you will have mercy upon me; I have an aged mother, who looks to me for support.

JURY to HENRY MILLS. Q. This "1" and the "4" are written so differently that any one must have seen the difference? A. I did not observe it—there were several persons applying at the same time, and, never having had such a thing happen before, I did not think of it.

COURT. Q. Have you any recollection at all of what you paid except by the book? A. My attention was called to it half an hour afterwards, when the boy brought the book—I did not pay any gold, it was silver or halfpence.

NOT GUILTY .

First Jury.

445. JOHN FLYNN and MICHAEL GEARY , breaking and entering the dwelling house of John Morritt Walters, and stealing 2 watches, value 30l.; his goods.

MR. THOMPSON conducted the Prosecution.

JOHN MORRITT WALTERS . I am a pawnbroker, and live at No. 106, Alderegate-street. On Wednesday, 27th Feb., I was in the first floor, about 25 minutes past 6 o'clock in the evening—I heard a crack of glass, went to the first floor window, and saw several persons looking towards my shop window, and running towards the shop—I ran down stairs, and when I got outside my shop front I found the plate glass broken, which is about three feet or three feet and a half square, and a stone lying inside—I missed two identical watches which I had in my possession—I had examined them about half past 2 o'clock that day, and some other property—the value of the watches alone was 30l.—my house is at the corner of Fann-street—there are about seven houses between the corner of Bridgewater-place and my house.

JAMES M'LEOD (City policeman, 141). On the evening of Wednesday, 27th Feb., I saw the two prisoners in Fann-street, at the corner of Bridge-water-gardens, about half past 6 o'clock, going in the direction of Aldersgate-street—I had known them before—I noticed them about that spot about three or four minutes—I lost sight of them in Fann-street—I had seen them that day before in Golden-lane and Bridge water-gardens—they were together, and some more with them—Golden-lane is 200 or 300 yards from Mr. Walters',

Cross-examined by MR. M'ENTEER.Q. At the time you saw them, were

a good many persons passing and repassing? A. Yes, and at the time I saw them before too.

HENRY BROWN . I am assistant to Mr. Walters. I was in the shop on that Wednesday evening—about half past 6 o'clock in the evening I heard the breaking of the glass—I saw the window smash, and the glass lying down—I ran to the door, and cried, "Stop thief!"—I ran after them, down Fann-street—I did not see any thieves.

JAMES WEBB . I am twelve years old; I live at No. 3, Bull-yard, Fann-street, with my mother. On Wednesday night, 27th Feb., I was playing in Fann-street—about half past 6 o'clock I saw Geary take up a stone like this (produced), in Bull-yard—he rolled it up the street with his hand—he was going straight up towards Aldersgate-street—he picked it up, put it under his coat, and went against Mr. Walters' shop, against the kerb side—I went down the street again, and after two or three minutes I heard the pane of glass break—I went up Fann-street, to Mr. Walters' shop, and saw the pane of glass broken, and Flynn running down the street, with some thing in his hand—I had seen Flynn before the window broke—he was down Fann-street with some girls—I saw him before Geary took up the stone—he was down the court in Fann-street—I saw Flynn and the girls go up the street, towards Mr. Walters'—I could not tell what Flynn had in his hand—he was running, and Mr. Walters' gentleman was running after him, calling, "Stop thief!"—I did not see what became of Geary after I heard the crash—there were no stones in Fann-street like this, only this one—I had noticed it before that day—I had known Flynn and Geary before that day—Flynn used to live up at my house—when the window was broken I saw Flynn put his hand in, and take something out.

Cross-examined. Q. How old are you? A. Twelve—I go to the Charterhouse School, in Aldersgate-street, every day—I have never been employed by any body—I have been at school about three months—Flynn and his mother lodged in the same house with my mother—they have been gone away about three months—there was some dispute between his mother and my mother—they went away rather bad friends—I do not know how much I am to get a day for coming here—I know I am to get something, and I know there is a reward for anybody finding out the robbery—Geary kept rolling this stone up the street—everybody might see him—from the time I saw him, till the window broke, I went to about the middle of Fann-street—I was too far away to see the window broken—I heard a noise from where I I was—I went in two or three minutes afterwards to see the window—I then saw Flynn put his hand in and take something out, and he ran away, and the shopman after him, crying "Stop thief!"—a policeman brought me to the Court to identify the prisoners—there was no one with them—they were standing by themselves.

MR. THOMPSON. Q. You say Flynn's mother left your mother about three months ago? A. Yes—they were living up stairs over our heads—I do not know where Flynn was when the glass was broken.

WILLIAM CLIGG . I live at No. 7, Pump-court, Bridgewater-gardens. I work at a coal shed at the corner of Fann-street and Bridgewater-gardens—it is about twelve or thirteen houses from Mr. Walters'shop—I know the two prisoners—on Wednesday evening, 27th Feb., I saw them at the top of Fann-street, about half past 6 o'clock—I was going down Fann-street, going home, and I passed them—there was a female with them—I heard the window broken when I was about four houses down the street—I know this stone—I had seen it in Bull-yard the day before—I saw some children kicking

it along on that day—I saw Geary kicking it up Fann-street, and be took it up and put it under his jacket—that was about 20 minutes part 6 o'clock—Flynn was at that time walking up with him—I lost sight of them at the top of Fann-street—when I heard the breaking of the glass I turned round and saw Mr. Walter's man running, and calling, "Stop thief!" but I did not see the prisoners.

Cross-exammed. Q. Was there one or more females? A. One—I was carrying coals about—there were a great number of persons passing up and down—I do not recollect any other person about there—I was brought to Newgate to see the prisoners on the Saturday—when the prisoners were shown to me there were two or three more with them—I was told what I was brought for—I am aware that I shall be paid for my attendance here—I heard of a reward being offered—when the prisoners were brought out in the yard I had no conversation with the policeman about them—he asked me whether I had been in Newgate before—I said, "No"—I had known the prisoners in Golden-lane several years—I beard they were taken on suspicion—I did not know their names—the officer told me one was Geary god the other was Flynn.

BENJAMIN BUTCHER . I live with my mother in Smith-street, North-ampton-square. I am employed by my brother—on Wednesday evening; 27th Feb., I was coming from Fann-place into Fann-street, in the direction of Aldersgate-street, at about half-past 6 o'clock—I saw the two prisoners running out of Bridgewater-garden and going towards Bridgewater-square—they were coming away from Aldersgate-street, out of Fann-street—Geary seemed to have something round in his hand—it looked like the ease of a watch—I did not hear any cry till I got into Fann-street—I then heard a cry of "Stop thief!—the prisoners were going rather fast—I have no doubt the prisoners were the two men I saw—I was taken by the officer to see them two days afterwards, and they were the same two men—I told my brother of it the same evening—I had never seen them before.

Cross-examined. Q. It was two days afterwards when you were brought to see these men? A. Yes—the policeman brought me to see them—my brother went to the policeman the next morning, and the policeman came to my house—I never saw the prisoners before—it was half-past 6 o'clock in the evening when I saw them—it was dusk—they were running in the ordinary way—I could not see what sort of a watch it was, whether gold or silver—when I was brought by the officer to see these men I knew them at once—they were walking in the yard at Newgate—at the time the prisoners were running I heard a cry of "Stop thief!"—if I had not been told afterwards of the robbery I should not have known anything about it—I am not aware that there is so much a day for witnesses coming here—I heard of a reward for this robbery—I saw it the next day in the window.

COURT. Q. When you were brought to Newgate, how many persons did you see in the yard? A. There seemed about a dozen—I picked these men out to the police.

WILLIAM JAMES BAILEY (City policeman, 271). On Thursday, 28th Feb., I with another officer took Geary into custody in Golden-lane, about half-past 12 o'clock—I told him I took him for breaking a pawnbroker's window in Aldersgate-street, about half-past 6 o'clock on the previous evening—he said he was quite innocent—I took him to the station and searched him—I found a penknife on him—he said that on the evening before, he was walking up and down Blackfriars-road from 5 o'clock till 7—he said that at the station—he was asked if he could bring any one to prove that he was

there—he said, "No," he did not know any one that was there—he knew nothing about it himself, but if we would let him go he would try to find out for us who it wan.

EDWARD THOMAS FREDERICK HANCOCK (City policeman, 229). I took Flynn on Thursday evening, 28th Feb., about half past 7 o'clock, in Golden-lane—M'Leod was with me—Flynn ran away up Golden-lane—he doubled under the other policeman, and ran towards me—I stopped him—he struck me twice in the side of the face, and tried to throw me down—I took him into custody, and told him he was charged with being concerned with Michael Geary in committing a robbery in a shop in Aldersgate-street—he said, "Now I know what it is for, I will go with you"—I told him it was the night before that he was charged with the robbery—he said that he was not with Geary the night before, but was over the water looking for a person named John Doyle—at the station he said that he was there from 5 o'clock till 7—I found nothing on him.

Cross-examined. Q. Is it unusual for persons to run away when they see you? A. It is, unless they are wanted.

FLYNN— GUILTY .* Aged 22.

GEARY— GUILTY .* Aged 18.

Six Years Penal Servitude.

Fourth Jury.

446. WILLIAM HOWELL (a soldier), stealing 18s.; the monies of Gilbert Byard, in his dwelling house, and burglariously breaking out of the same.

GILBERT BYARD . I am a publican, and live in Fenchurch-street. On 18th Feb. the prisoner was in my tap room, from 8 till 10 o'clock—I went into the tap room about 10 o'clock, and he was gone—I went to bed about 10 minutes before 12 o'clock—I and my wife were the last persons up—all the doors and windows were then safe, we looked round the house—about 10 minutes to 1 o'clock, when I came down, I found the place in a grest state of confusion—a pair of steps, which had been in the passage, had been erected and so placed that they could get at a pane of glass, by which means they could get into the bar—I unlocked the bar door, went in, and found it in a great state of confusion—the till was empty, and some silver, which had been in the bar, was taken away—I lost also some spirit stamps—I called in the police—I found the front door of the house open—I am sure the front door was closed when I went to bed—the police came, and we searched the house—I found a pair of boots on the parlour table, and a stick—the name of John Walker was written in the boots.

ANTHONY MONAGHAN (City policeman, 564). I took the prisoner in Oliver's-yard, City-road, on 25th March—I told him I apprehended him on a charge of robbing Mr. Byard, the landlord of the Elephant public house, in Fenchurch-street—he said he did not know where the house was—I found these boots in the station, I asked the prisoner to try one on—he put his toes in, and said, "D——the boots, they don't belong to me"—I said "Let me try"—he put his toes up, and they would not go in—I struck him on the instep, and they went on very comfortably.

SAMUEL NICHOLSON (City policeman, 594). I was on duty on the night of 18th Feb.—I was called by the landlord of the Elephant, and saw these boots in the parlour, and the name of Walker in them (produced)—I took them to the station—I then went to Woolwich, and made inquiry—I brought them back, and locked them up in the store room at the station.

JAMES HOBBS . I am a corporal in the Royal Marines, at Woolwich I know the prisoner by the name of James Walker, his number is 48—the

number 40 is in the boots, which is by mistake—I before these to be his hoots—they were repaired under my direction—I am master shoemaker of the regiment—they were mended some time in Jan.

Prisoner. Q. Are you sore that I brought them to be repaired? A. Yes, I received them of you.

GEORGE MANT . I was barman to Mr. Byarcl; on the night of the robbery I saw the prisoner in the tap room from a little After 8 till a little before 10 o'clock—I went to bed at 10 minutes to 12 o'clock—I closed up the bouse myself, everything was quite safe.

Prisoner. Q. Did you see me in the tap room? A. Yes, I saw you with the potboy, who had lived with Mr. Byard before.

GUILTY .

(The prisoner was also channel with honing been before convicted.)

GEORGE LANGRIDGE (police sergeant, N 27). I produce a certificate of the prisoner's former conviction (Read: "Clerkenwell, Nov., 1803, William Smith, convicted of stealing six bows, and other articles; Confined twelve months")—the prisoner is the man—I have known him from a child—he has been several times summarily convicted.

GUILTY. Aged 19.— Four Years Penal Servitude.

THIRD COURT.—Wednesday, April 9th 1856.

PRESENT—Sir JAMES DUKE, Bart, Ald; Mr. Ald. MUGGERIDGE; and Mr. COMMON SERJEANT.

Before Mr. Common Serjeant and the Seventh Jury

447. EDWARD GRIMSHAW and WILLIAM FILBERT , burglariously breaking and entering the dwelling house of Ann Wrenstead, at St. Leonard, Shoreditch, and stealing therein 8 lbs. weight of cigars, value 4l. and 14s. 2d. in money; her property: to which

GRIMSHAW PLEADED GUILTY . Aged 20 Four Years Penal Servitude.

FILBERT PLEADED GUILTY . Aged 21— Confined Twelve Months.

448. DANIEL THOMPSON, JOHN WILLIAMS , and ROBERT WOOD , stealing, in the dwelling house of Morris Abrahams, at St. Mary, Whitechapel, 1 pair of ear drops, and 4 ozs. weight of tobacco, his property; and afterwards burglariously breaking out of the said dwelling house: Williams having been before convicted: to which

THOMPSON PLEADED GUILTY . Aged 20.— Confined Twelve Months.

WILLIAMS PLEADED GUILTY .** Aged 22.— Four Years Penal Servitude.

WOOD PLEADED GUILTY . Aged 18.— Confined Twelve Months.

449. ABRAHAM SOLOMON , unlawfully obtaining, by false pretences, 2 watches and other articles; the property of John Sowpll: also, 4 chains, and other articles; the property of James Summers: also, 4 chains, the property of Joseph Dixon and another: with intent to defraud: to all which he

PLEADED GUILTY. Aged 26.—Recommended to mercy by the Prosecutors.

Confined Twelve Months.

450. HENRY DE COSTA and CHARLES FOX , stealing 1 handkerchief, value 2s.; the goods of a man unknown, from his person.

ROBEBT ADAMS (City policeman, 318). On 23rd March, about 10 o'clock at night, I was in High-street, Aldgate, in uniform, and saw the prisoners

following a gentleman—they saw me, and I then received a communication from a person named Randall, and gave him some directions—he afterwards communicated with me, and we both stopped the prisoners—on the way to the station I asked where the handkerchief was—Fox pulled a handkerchief out of his pocket, and said that it was his own, and he had bought it in Petticoat-lane that morning—he said at the station that he bought it some time previously in Petticoat-lane, and gave 15d. for it—the prisoners were together the whole time that I observed them.

ROBERT RANDALL . I am a porter, of No. 4, Alfred-place, Mile-end I was in High-street, Aldgate—Adams gave me some directions, and I followed the prisoners, and saw De Costa lift up the coat tail of a gentleman, and put it down again—he followed the gentleman till he got against the pump, when he put his hand in, took out a handkerchief, and gave it to Fox—I communicated with Adams, and we both stopped him.

Fox's Defence. I was walking down Aldgate, when the witness came and accused me of picking a gentleman's pocket, and a policeman came up, and accused me of following a gentleman; he then brought a boy up, and said that the boy gave me the handkerchief, which I had bought in the morning for 15d. I positively affirm that the same witness has followed me about the streets on several occasions, as a spy; the boy is unknown to me; I took my handkerchief from my pocket, telling him that I had no other but my own; I had scarcely taken it from my pocket, when he I alleged that it was the gentleman's, but did not describe it.

DE COSTA— GUILTY .* Aged 14.— Confined Six Months.

FOX— GUILTY .—(He was further charged with having been before convicted.)

JOHN PARTKIDGE I produce a certificate—(Read: "Central Criminal Court, John Brown, Convicted, April, 1849, of stealing a handkerchief from a man unknown, having been before convicted; Confined eighteen months)—Fox is the person—I was one of the witnesses—he served the eighteen months, and I was in the habit of seeing him every day.

GUILTY.**

(Partridge stated that he had been convicted six times, and was a regular trainer, having always two or three boys with him to teach them.)

Aged 27.— Four Years Penal Servitude.

451. JEREMIAH REES , stealing, on 9th Feb., 5l. 16s. 1d.—2nd COUNT, stealing, on 14th Feb., 4l. 4s. 2d.—3rd COUNT, stealing, on 20th Feb., 29l. 18s. 2d. the moneys of Ann Kenneth, his mistress.

MR. PARRY conducted the Prosecution.

JAMES KENNETH . I assist my mother, and carry on the business of a fishmonger at New Bond-street—the prisoner was a clerk in her employ—he came about the end of last Aug.—he was not recommended to us—I engaged him—he said that he had 50l. a year income, and had no knowledge of any business, and should like to come and learn our's—I engaged him, and he remained in our employment till 20th Feb. this year, when he was entrusted to take 29l. to the bank—he returned, and I asked him for the pass book—he said that they were making up a new one, having lost the old one—I afterwards received a communication from our bankers—the prisoner did not return on the next day—this (produced) is the cash book—the prisoner and I kept it jointly—it was his duty to balance it in the evening, after I left business—it shows all the money received during the day for cash and bills—when the balance was made up, he used to pot it into an envelope in a packet, with the amount outside—he generally gave these packets to my mother, who returned them at different periods

and the prisoner took the money to the bank—this 25l. 16s. 1d. in the cash book on 9th Feb. is in the prisoner's writing—I do not, of my own knowledge, know how much of that was paid into the bank—on 14th Feb. here is 39l. 12s. 2d. paid—on 20th Feb. the amount made up is 29l. 18s. 2d—that is the day that he left—he brought me a packet of money that evening, the envelope of which was either lost or destroyed—I did not think it of any consequence.

Prisoner. Q. Are you an assistant to your mother? A. Yes—the bills are not all made out in my name—the bill heads are "Kenneth" only—they are receipted "Jas. Kenneth," when received by me, and are in your name when you received them—I do not know that I instructed you to put "Jeremiah Bees pro J. Kenneth"—you were John Bees with me, and not Jeremiah—I dare say you did put "J. Rees"—my mother and myself used to tell you to take money to the bank—the first thing you had to do was to put the money down—I was not always in the counting house, I was sometimes in the shop and sometimes in the street—I did not open the packets, to see what amounts they contained—the bank pass book should tally with the cash book, but it does not—I entered the amounts in a private book of my own—I have not got that book here—I did not always ask you for the pass book when you returned, to compare it with my own—I was very careless about it, and that was the cause of your robbing us—you used to deliver the pass book to me when the shop was full of customers—I used not, when you said that the pass book was at the bank, to say that I was very glad of it; not even when my uncle (my father's brother) wished to examine the accounts, but he was always grumbling at the amount of petty cash which was paid out—I frequently borrowed money from the till, and put tickets in for it.

COURT. Q. Did you let it run over several days? A. Yes, Mondays, Tuesdays, and Wednesdays—money would have to be taken to the bank on Thursdays, and any amount I had exchanged was made up of cash from the bowl, and the cheques put into the bowl—I cannot say whether any part of this 125l. 16s. 1d. entered in the cash book consisted of cheques, but if it did, it was the prisoner's duty to put the cheques in the bowl, and draw money from the bowl to supply them—there was on each occasion three sums in hard money.

Prisoner. Q. Did you ever know me to steal anything? A. Yes; I knew you to steal paper—the money sometimes went to the bank at 3 o'clock in the afternoon, we generally waited till there was money enough in the bowl to supply the tickets—this paper (produced by the prisoner) is in my writing—I am aware that on Jan. 15th and 19th, a less sum went to the bank than appeared—I did not swear before the Magistrate that that was not the case, certainly not—(The witness a deposition being read, stated: "I did not take any of the 64l. 19s. 6d. at least no large amount; the memorandum produced is my writing")—I was so confused, but I acknowledge now that I took the 5l. 14s. 10d. stated in that paper.

Q. When the cash did not go to the bank at the time it was handed to me, you not having sufficient money in the till, or in your own pocket, did you not invariably request me to tell your mother that the cash had gone to the bank? A. No—I do not remember having the cash in my desk two or three days at a time before it went to the bank—I have no papers of yours, you took them all, and some of mine into the bargain—I never told you that if Mr. Robert Kenneth asked me for the bank book to say that it was the bankers'—I did frequently express anxiety to you lest my uncle

should break into the packets and see the tickets, because he objected to it being carried on in that way—there was not a single ticket that I know of on 20th Feb.—I pretty generally knew the amount; I paid all the tickets off at the end of Jan.—I paid about 12l.—I threw the money into the bowl—I did not have the tickets given up to me before—I have not charged you since you left with having robbed me of about 150l., I have said 100l. or 130l., I have not said 200l.—I have said that I am very sorry that I took you, that was because you ruined me and my mother—my income is 60l. a year, and my mother makes it up to 100l.—she gets the money by saving it out of her housekeeping—I confess that in my ignorance of the law, I did go to your friends and endeavour to get 20l. not to appear against you—I was very much distressed, and thought if I could get a little money out of the fire it would be better—I told your friends that if they could make up the money, I would not prosecute—I visited you in the House of Detention; that was because when you lost your presence of mind when you were taken to the station, you would not give the place where you lodged last night, and I thought you had some money secreted somewhere which we might recover—the inspector told me that I had no right to question you—I asked you at the House of Detention, where the money was, and you said that you had been travelling all over England and Ireland, and that money fire in travelling—I said that the loss of the money was very serious, and apprehending and offering a reward for you, was so much out of the business, that if your friends could make up the money I would rather not prosecute you—I received this letter, which is in your writing—(read: "Feb. 21, 1856. Mr. J. Kenneth; New Bond-street: Dear Sir. Long ere you receive this I shall be on my way to a distant land. Whatever my extraordinary conduct may have been, be charitable; you may rely on receiving every penny returned in a very short time, but I involved myself through the very erroneous manner your business was carried on. I consequently risked some money to regain my position, but failed; now you know the consequence. A friend has promised to pay you at his earliest opportunity, until which I cannot but be a self-expatriated prisoner from my native land, and may fortune smile on you more highly than it has upon the poor miserable wretch, your late clerk. For your own interest, I beseech you not to make bad worse; for on the quiet you observe, you will be repaid the sooner, for if you shot other feelings there will be no inducement for my friend to procure my speedy return to home and happiness. Your most unfortunate, J. Beat P. S. Another letter shall follow this with more information of a different character.")

MR. PARRY. Q. Did you get another letter? A. When he was taken into custody an envelope of another letter was found in his pocket in a feigned hand—I did not receive another letter.

Prisoner. Q. Used not Mr. Robert Kenneth, the executor, to come and examine the books? A. Yes; he found various defalcations in the cash book, day book, and all the books—the adding up of the books is exclusively your's—he discovered a mistake of 4l. to the name of Saunders, in your writing, which you had not carried forward, and which was not sent to the bank—I used to say Mr. Rees has got no head, he seems willing, and if we try him a little longer he will succeed, he has got no head for casting up—you told me that you were seriously out of pocket, but you could not be—I borrowed 3l. of you, and I gave you my note of hand—I repaid you, and you returned the note of hand to me—in the morning, when there was not a single penny in the bowl to pay the petty cash, you lent the money, half's

crown or 3s.; it was not 2l. or 3l.—you have not paid upwards of 1l. for carriage, to my knowledge—if I have sent a man to you, asking me to lend you a sovereign, it was your duty to repay yourself—you represented your self as having 50l. a year, and you had not got a halfpenny—I do not remember your saying, "I cannot stay here any longer; I do make these mistakes, and I must leave"—there was a consultation on the matter, and we came to the conclusion that we should be paid, that was about a week before you left—it was entirely distinct from this.

Q. What I want to prove is that this letter is entirely about these defalcations; is this letter (producing one) in Mr. Robert Kenneth's writing? A. Yes, I wrote to him, proposing that he should pay half the amount, he wrote this letter which you have stolen—my mother does not take an active part in the business—I told you to answer her evasively if she asked you any questions about the business, as she is of a most nervous temperament, and sometimes there are bills to meet, so I told you to pretend to know nothing about it—we did not send the cash to the bankers till there was enough to supply the tickets—there were not certain specified days on which the money was sent.

MR. PARRY. Q. There was a memorandum which you spoke of, about 64l. 19s. 6d. on 18th Jan., where was it put? A. In my desk, there was a balance then of 5l. 14s. 10d., which I barrowed—I had my mother's sanctions to borrow money which I might require—I repaid the 5l. 14s. 10d. to the I prisoner—the memorandum was stolen from my desk, and the letter of my uncle, which the prisoner put into my hands, he stole out of the counting house for his own purposes—I gave the memorandum to him, at first, for his own protection till I repaid him, and then I put it into my desk.

ANN KENNETH . The last witness is my son—since my husband's death I have carried on this business—the prisoner came into my employment as clerk.

Prisoner. Q. At what salary was I engaged? A. 16s. a week, but you passed as a single man—I took no active part in the business, I left it entirely to my son—I knew that there were tickets occasionally, we are obliged to have them—I am aware that at a certain time they amounted to 12l., and that my son had 5l. at a time—you used to hand the packets to me of an evening; I never opened them—I trusted to your honour—I have no recollection my son breaking open packets—I recollect your asking for 4l. which Sanders, and I gave you the whole amount which you claimed—that was two or three months ago.

JAMES CHAMPION . I am cashier to the London and Westminster Bank in Stratford-place. I know the prisoner by his coming to the bank, the account was in the name of Mrs. Ann Kenneth—these (produced) are tickets made out by the prisoner when money was paid in, here is one dated 9th Feb., 1856, when 20l. was paid in, and one of 14th Feb. when 35l. 15s. was paid in—no money whatever was paid in on Feb. 20th—nothing was paid in between the 14th and the 25th—I do not know the prisoner's writing, but to the best of my belief these two papers were given to me by him.

JAMES KENNETH re-examined. I believe these two papers to be the prisoner's writing.

HENRY HEATLEY . I am in the service of Mrs. Kenneth and know the prisoner—I remember the last day he went, as I supposed, to the bankers,

I saw a porte monnaie in his possession that evening with several pieces of gold in it—I never saw him again at his employment—I know that a reward was offered for his apprehension.

Prisoner. Q. When had you seen me before with sovereigns and 5l. notes? A. Never with 5l. notes—you have lent me a shilling or two, but never sovereigns or half sovereigns—I had never seen you with a porte monnaie before—I never knew you to pay 30s. for carriage, not more than 1s. 8d. or 1s. 10d.—I never saw him with any money tillk the last two months you were at the place—you never murmured to me about advancing money to Mr. Kenneth—I never told you that it was very wrong, and that you would some day repent—I know that many a time you did not put the things down, and you always said that you had a bad memory—you generally pud the cash to me—Mr. Kenneth may have said, "Do not give Mr. Reeve the money, give it to me"—I did not know the late clerk.

MR. PARRY. Q. Tell me what you said about not entering things which were sold? A. When money has been taken of a day I have gone in and seen the things not down and have told him of it, and he has said that he forgot it, and had got a bad memory—that has happened dozens of times.

MORRISS M'MAHON (policeman). I took the prisoner on 15th March, it the Seymour Arms, Seymour-street, Euston-square—I found on him a purse, containing three sovereigns, 1s. 6d. in silver, and 3 1/4 d. in copper, some tobacco, and a knife.

Prisoner's Defence. I entered into the service of Mr. Kenneth; I never knew that Mrs. Kenneth was the proprietor of the business, only by name; it was principally conducted by Mr. Robert Kenneth, he overlooked the books, and so on; a fishmonger's business is one of the most complicated that I know of, but Mr. Kenneth used to sit there receiving money and reading a French novel, or Italian spelling book; he used to apply to me for the loan of money from the takings of the day, and gave me tickets for it, so that when the cash went to the bank the right amount could not go, and I used to open the packets to see whether the amounts tallied, and found that they did not; the tickets represented cash, but how was I to get them converted into cash; we never spent any money till the afternoon, and sometimes we took none at all, as it is entirely a credit trade, except, perhaps 1l. a week—he has said, "There is such and such a bill coming doe, and the cash must go, whether correct or not," and if he produces the books from the commencement, it will be seen very clearly that there were frequent and numerous deficiencies; when there was no cash to supply the tickets, he said, "Mr. Reece, I wish you could borrow 5l. from some of your friends, and then we will send the cash to the bank;" I used to do that sometimes, but sometimes I could not, and then the cash would go minus; I had particular instructions never to read the bank book without his leave; he always used to look at it when I brought it back, to see that it was correct; there were various mistakes in the cash book, over which 1 had no control; was it fair that he should take cash from the till whenever he thought proper, and then I was to go and make it correct? I frequently found even 1l. and 30s. deficient in the bowl, and used to lament it invariably to him; I have been seriously out of pocket by it; he hopes to lodge upon my back the whole of these defalcations, to get himself out of the serape; he spent his nights out, and tried to get me to go to casinos with him, and to introduce me to women; and how he could, out of 60l. a year support women, and go out till 3 or 4 o'clock in the morning, I do not know; the foreman is a man of similar character, keeping two or three

women, and they go out together; this paper which I have produced was brought to me by my wife, who discovered it among some waste paper; I recollect it coming well, and Mr. J. Kenneth gave it to me, and said, "You hear what uncle says?" I made up the tickets in the usual way, but there were so many tickets that I said, "Perhaps in the afternoon we can send the cash to the bank;" I was in a mist about my position, and had to pay 20l. or 30l. defalcations, which were not mine, and I wrote him a note, saying that I was very unwell, and could not come to business, and very much doubted whether I could return again; and on the following day I wrote him a notice to quit, and borrowed all the money I could and went into the country; my wife has been working hard to borrow money for Mr. John Kenneth, and we have only had 3l. or 4l. back; I wished to leave an impression that I was gone to America; instead of my appropriating money, the business is considerably indebted to me; there is not single thing in the house that Mr. Kenneth has not pledged unknown to his mother; I am a young man, and have been ruined by these proceedings.

GUILTY on 3rd Count. * Aged 24.— Four Years' Penal Servitude.

(There were four other indictments against the prisoner.)

452. FREDERICK AUGUSTUS WRIGHT ,stealing 1 coat, and 1 waistcoat, value 35s.; the goods of John O'Brien.

MR. RYLAND conducted the Prosecution.

JOHN O'BRIEN (City policeman, 212). About the end of last month I and the prisoner lodged at West Smithfield—the prisoner left the house about 3 o'clock on Saturday, 29th March—he occupied the bed room on the third floor, and I slept in the same room, but not in the same bed—I had a chest of drawers in a back room on the second floor, where I formerly slept—they were not looked—the prisoner had a box in that room—I saw my coat safe on the Thursday or Friday as the prisoner left on the Saturday, and missed it between 12 and 1 o'clock on Saturday—on 1st April I looked at the prisoner's box, and found one of the hinges broken; I raised it up, and saw my coat—I then borrowed a bunch of keys of my landlady, opened the box in the presence of Mr. Paget, and found my coat and two stones in the box—the constable took it, and the prisoner—I value it at 30s., and my waistcoat at 5s.

Cross-examined by MR. PARRY. Q. This was an open room? A. Yes, the door was open in the day time—there were five or six other persons who might have gone in—I also lost a light waistcoat, which has not been found—other things were lost, but not belonging to me—the bunch of keys which I got did not hang up in the house, but I have seen them about—the broken hinge would not admit anything to be thrust in—the prisoner left in a very mysterious manner, which was the chief cause of my suspicion.

COURT. Q. When you complained to the landlady, was the prisoner present? A. He was.

RICHARD WILLIAM PAGET . I lodge at the house in question, it is a coffee shop and lodging house—I was present when O'Brien opened a box, and took out a coat—the landlady was also present, she lent him the bunch of keys, and he claimed the coat.

Cross-examined. Q. What did you miss? A. Four waistcoats and a coat—I complained of my loss on Saturday, 29th—five persons, with myself, lodged in the house, and the coffee room was public—this room was the third

floor front, and was open to any one who chose to go in—the landlady is quiet and amiable—she is not rather sharp, she is in Court listening to me.

CHARLOTTE WING . I keep this coffee and lodging house. The prisoner lodged there for a fortnight—he went away without giving me any notice, or his brother either—I saw him leave, but did not see whether he had anything with him—I lent O'Brien my keys to try them to the prisoner's box, and was present when the coat was found—O'Brien had complained to me, in the prisoner's hearing, of losing his coat—that was about an hour before the prisoner went away—he did not pay his rent before he left—I did not ask him, because the Post-office was responsible for it.

Cross-examined. Q. You had the misfortune to be robbed before the prisoner came? A. I missed a dress, a veil, and a pair of gloves—I did not accuse anybody in the house, it was a servant who had left—the prisoner's brother was security for the rent—one brother lodged with me for a week, and he disappeared in a similar way one Saturday, leaving word for me to keep his room open for him, but instead of his returning, his brother came and said that, as I had given such satisfaction to his brother, he wished to place a younger brother under my care; that he would be answerable for him, and I should know where to find him as one of the Inland clerks in the General Post-office—I have seen the brother since, he is a clerk in the Post-office—the prisoner came to me to know how he had behaved himself, and the next time he called was to tell his brother in law that he had ✗ to Liverpool, as he did not wish to see anybody—I have never had any tiff with him, nor have I had occasion to scold him.

WILLIAM TANSEY (City policeman, 109). I took the prisoner in St. Hartin's-le-Grand, on the evening of 2nd April, and took him to the station, where O'Brien was—I found some things on him which do not apply to this case—O'Brien charged him with stealing his coat—he made no answer—I went to the coffee-house, and got a key, which opened the box, and there found O'Brien's coat, and two large stones.

Cross-examined. Q. Did you find two duplicates? A. Yes, but nothing relating to the waistcoat—one was for a shirt, for 2s.; and the other for a ring for 1s.—I found them on his person—there was a shirt, and a pair of socks also in the box.

NOT GUILTY .

453. FREDERICK AUGUSTUS WRIGHT was againindicted for stealing 1 ring, value 2s. 6d.; the goods of Charlotte Wing.

MR. RYLAND conducted the Prosecution.

WILLIAM TANSEY (City policeman, 109). I apprehended the prisoner on 2nd April, and found on him a duplicate for a ring (produced)—next morning, going to the Court, something was mentioned about a ring, and he said that he found it.

Cross-examined by MR. PARRY. Q. He has always said that he found the duplicate, has not he? A. He said previously that he found the ring—I am not mistaken—I had not spoken to him about the coat, but his friends asked me how I thought he would get on—I said that I could not tell, and the prisoner said, "I know nothing at all about the coat"—I said, "Abort the ring?"—he said, "That I found"

JAMES PARKER . I am assistant to Thomas Payne, of Shoe-lane. I produce a ring, pledged on 29th March, for 1s., in the name of Jane Wilsen, or it may be "James," there are two or three scratches—I took it in, but cannot remember whether of a man or a woman—this (produced) is the counterpart.

Cross-examined. Q. Do you know the time? A. No, but I should say about 2 o'clock—I have said that it was a woman, according to what is on the ticket—the name has been put down in full, but it has been erased—before my attention was called to it I was quite certain that it wa "Jane"

CHARLOTTE WING . This ring is my property—it was safe about 10 o'clock in the morning of Saturday, 29th, and the prisoner went away that afternoon—it was in a little box on the fireplace, where I kept sealing wax—he always took his meals in the kitchen, and he was writing some letters, and asked me for some sealing wax—I said, "There is some in here"—he said, "No, there is not; I have just looked"—he had breakfast in the kitchen that morning.

Cross-examined. Q. How many people had breakfast in the kitchen that morning? A. There was only him in the kitchen besides me that morning—the servant girl had been out—I had sent her into Goswell-road—she was not absent from breakfast till half past 2 o'clock, when the prisoner left—she is at home—the prisoner told me one day that the servant was tipsy, but I did not see it—I am sure this is my ring—it has been mended in one or two places—the prisoner breakfasted between 10 and 11 o'clock, and wrote his letters afterwards—I was absent from the kitchen about five minutes, but only went into the shop to serve some meat—the prisoner was in the kitchen the whole of the time—nobody came in.

GUILTY . Aged 18.— Confined Three Months.

454. ALFRED COLE BISS and GEORGE DREW , stealing 1 was value 1s.; and 2 cwt. of pork, value 5l. 10s.; the goods of George Penson the master of Biss.

MR. PAYNE conducted the Prosecution.

GEORGE PENSON . I am a wholesale cheesemonger, of Newgate-street, and have a warehouse in Bath-street. Riss was my carman eight or nine months, and was so at the beginning of March—the barrel of pork, of which this (produced) is the head, belongs to me—it is worth about 5l. 12s.—it is marked "F 74"—I had such on my premises in Bath-street—this particular barrel had not been sold—it was Bias's duty to load goods into his cart—he had access to the barrels of pork in Ruth-street—those of which No. 74 was one, were safe on my premises on Monday, 3rd March—it was Bias's duty, when he took out goods to a customer, to deliver them, and bring back a receipt—he has brought no receipt for No. 74—in consequence of what Russell said to me, I spoke to Bias on 7th March—the officer and my manager, Mr. Milne, were present—when I was called in, Mr. Milne told me that Biss had admitted having a barrel of pork—I asked him what the meaning of this was, this robbery which had been going on, and asked Mm to tell me what he knew about it—I did not say that it would be better for him—he told me about this barrel, without any promise whatever—I said nothing in allusion to this barrel, except that I had been told that there was a barrel of pork—he said that he had taken it in the cart, and delivered it to Drew, in Hatton-garden, put it into his truck—that was not the way that his cart ought to have gone.

Cross-examined by MR. DOYLE Q. Do you, in met, know anything about the receipt of these barrels? A. No—I did not take them in—I saw the hills—I did not compare them with the letter of advice to see if the same numbers were there, but the same number came in that were advised—I swear that I had this barrel of pork.

Cross-examined by MR. CHARLES SMITH. Q. Were these barrels full of pork? A. Yes—there has been a Scotch mark on this head, but it has been

rubbed over with lime or chalk, to disguise it—that appears quite recent—I also know the pork by the cut of it—I have had it from the same man for many years—there is a peculiarity in the cut—I have heard that the prisoners have been seen at a public house together—Biss did not say that he had given it to Drew—he said that he only helped to steal one barrel, that was another barrel, three months ago—he never said that he gave anything else to Drew.

MR. PAYNE. Q. Is the barrel you speak of, the one which the officer produced? A. Yes; and he said that he had stolen it, and given it to Drew.

EDWARD SHEWLAND . I work for Mr. King, of Hosier-lane, Smithfield. On, I believe, Tuesday, 6th March, Drew came there about 8 o'clock, and brought a barrel in a truck—he put it up our yard, and said that my master was going to have a look at it next morning; he left it there and took away the truck—Russell afterwards came and took away the barrel.

Cross-examined by MR. C. SMITH. Q. Are you certain that that was the same barrel? A. I did not notice any mark on it, but there was no other there—I told Mr. King of it—I have known Drew long, but never heard any dishonesty of him.

JOHN KING . I am a meat salesman, in Newgate-market, and have a slaughterhouse in Hosier-lane. On the morning of 5th March, between 9 and 10 o'clock, I saw Drew at Newgate-market—he told me that he had left a barrel of pork at my yard, and asked if I would buy it—I asked him where he got it; he said that he should not tell me, and I said that I should not buy it, as I should suspect it was stolen—he made no answer to that and I told Russell the officer—on that evening I saw a barrel of pork on my premises, and Russell took it away—I never dealt in potatoes, I have bought potatoes of him for feeding pigs, he served the different yards round Smithfield, and never dealt in anything else.

Cross-examined by MR. O. SMITH. Q. What character has Drew borne? A. I always thought him a respectable and honest man.

GEORGE RUSSELL , (City policeman, 34). I execute my vocation in plain clothes—on the morning of 7th March, in consequence of information, I went to Mr. King's slaughterhouse, saw Drew, and asked him how he became possessed of the barrel of pork which he had offered Mr. King for safe—he said, "What barrel of pork?"—I said, "I will soon show you," and took him into the yard where it stood, and said, "That is the barrel of pork I mean" (I had an officer in uniform with me)—he gave me no answer—I called the constable's attention to that, and then he said, "Why should I give you any answer, I do not know who you are?"—I said, "I am a policeman," but he still refused to give any account—I took him to the station, and found on him 3d. and a knife—I took the barrel of pork away, this is the head of it.

MR. DOYLE called

JOHN MILNE . I am manager of the Scotch goods department of Mr. Penson's business. I hire and discharge the workmen and carters in that department—Biss was under my orders—on 4th March, I heard from the policeman about the barrel of pork, about 6 o'clock in the evening, and about twelve or fifteen minutes before I had the conversation with Mr. Penson, I had a conversation with Biss—I said, "Do you know a man named Drew?" he said, "No"—I said, "Will you tell me that you do not know a man of that name, that you are in the habit of meeting at your brother or cousin's house in Farringdon-street?"—he held down his head, and said, "Yes"—I said, "Alfred, I did not think you were one of the thieves," and I think I immediately afterwards said, "When did you take the barrel of pork, which

has now turned up, from our place?"—he said, "On Tuesday morning"—I had not at that time said, that if he told the truth he should not be sent to prison—I ought to say, that immediately on confessing his fault, he said that he was ruined by a man named Grant—I do not think I used the word prison, but I advised him to take the course to be made evidence against him—I advised him to tell all he knew about it, and I expect I said, that it would be better for him—I cannot charge my memory, but my impression is, that I did not say anything about being sent to prison only for a short time—when he said that he took it on Tuesday morning, I said, "Where did you take it?"—he said, "To Hatton-garden," and while there, Drew took it out of the cart—before he went in to Mr. Penson, I said that I hoped he might live to be a good boy, and I would not turn my back upon him; I forget the precise words, but I meant that he should go out of the country.

(MR. DOYLE inquired of the COURT, whether, after this evidence, the evidence of Mr. Penson was admissible. The COURT considered that it was.)

MR. C. SMITH called

WILLIAM HILBECK . I am a fireman. On 8th March, I was at the fire at Covent-garden, from 5 in the morning till 6 o'clock at night I saw Drew there from a quarter past 5 o'clock, till between half past 10 and 11 o'clock.

(Biss received a good character.)

BISS— GUILTY. Aged 20.—Recommended to mercy by the Jury and prosecutor. — Confined Two Months.

DREW— GUILTY of receiving. Aged 35.— Confined Eighteen Months.

455. JOHN WILSON , burglariously breaking and entering the dwelling house of Robert Alfred Routh, at Paddington, and stealing therein 1 shawl, 5 yards of calico, and other articles, value 1l. 15s., 6., of Jane Dean; and 1 knife, value 1s. and 4 pairs of boots, value 4l.; The goods of the said R. A. Routh.

GEORGE HENRY LUCAS (policeman). On Saturday morning, 20th March, I was on duty in Oxford-street, between 3 and 4 o'clock, and saw the prisoner between the Marblearch and the Circus, with this carpet bag (produced) on his shoulder—I asked him what he had got in it, he refused to tell me—I then took hold of it, and he said that there was nothing in it but wearing apparel, and pulled out a boot—I said that I thought that was not the sort of boot that he was in the habit of wearing—seeing another constable coming, be dropped the bag and boot and ran away—I pursued him, and he fell down so as for me to fall over him, but I did not—I took him to the station, and this knife (produced) was in his pocket—he shoved it behind him, and I picked it up—he said that it was there when he came into the station.

JANE DEAN . I am servant to Mr. Robert Routh, of 16, Purchases terrace. On Wednesday, 14th March, I was the last person up—I went to bed between 10 and 11 o'clock, and fastened the house up—I came down next morning before half past 4 o'clock, and found the house had been broken into—the store room window was broken, and a hand put through to unfasten it—they had got in that way—the store room door had been looked, but was broken open—I missed this shawl, gloves, and carpet bag (produced), they are mine—these four pairs of boots belong to Mr. Routh.

Prisoner's Defence. I was walking down Oxford-street, about 20 minutes to 6 o'clock; I saw a man get out of a cab just by the Marblearch; he came over to me, inquired the way to Westminster, and took me to a coffee shop; he asked me if I would take the carpet bag, and agreed to give me 1s.; he

said that he wanted to go back for a few minutes, and went out; when I found he did not make his appearance, I went out to deliver it to a policeman; but when the policeman accosted me, I was quite overcome by the danger of being charged with a crime of which I am innocent, and I said that it was mine

GUILTY . Aged 29.— Confined Twelve Months.

456. JOHN SMITH , burglariously breaking and entering the dwelling house of Edward Tomlinson, at Enfield, and stealing therein 1 spoon, 1 cream ewer, 1 sugar breaker, and 1 pipe, value 1l. 3s., and 1 pair of tweezers, 1 snuff box, 1 neck tie, 1 stock, 6 handkerchiefs, 1 clothes brush, 1 book, and 1 spoon, his goods.

EDWARD TOMLINSON . I keep a shop in Coopers-lane, Eufield—on the Saturday before 17th March, I shut up my shop about 11 o'clock, and left all the doors and windows secure—I came down next morning, about 8 o'clock and found a window broken, and a door open, two bureaus were broken, and I missed these articles (produced), they are mine, and were quite safe when I went to bed.

THOMAS YOUNG BRETT (policeman). On the morning of 16th March, about 9 o'clock, I was on duty at Chipping Barnet, and saw the prisoner in the High-street—his left pocket was very bulky—I stopped him, and asked what he had got—he said, "Do not search me here, come round the corner"—I said, "This will do very well for me"—he made a spring and ran up Church-street into Wood-street—I chased him for a mile, a young man stopped him, and I took him to the station, and found this dark lanthorn, a stock and bits, screwdriver, bradawl, and these other articles produced—the inspector asked him what he had to say to the charge—he said, "To tell you the truth, I stole them"—I went to Mr. Tomlinson's house and found the shop door broken open by a bradawl and the back parlour window also.

Prisoner's Defence. I found all these things.

GUILTY of housebreaking. Aged 30.— Four Years Penal Servitude. (There was another indictment against the prisoner, for another burglary committed on the same night.)

OLD COURT.—Thursday, April 10th, 1856.

PRESENT—Mr. Justice CRESSWELL; Mr. Justice CROMPTON; Sir ROBERT WALTER CARDEN, Knt. Ald.; Mr. Ald. LAWRENCE; and Mr. COMMON SERJEANT.

Before Mr. Justice Cromtopton and the Second Jury.

457. CELESTIKA SOMNER was indicted for the wilful murder of Celestine Christmas: she was also charged on the Coroner's Inquisition with the like offence.

MESSRS. BODKIN and CLERK conducted the Prosecution.

RACHEL MUNT . I am sixteen years old. In the month of Feb. last I lived with Mr. and Mrs. Somner, as their servant, at No. 18, Linton street, Islington—Mr. and Mrs. Somner, and myself, lived in the house, no one else—I used to sleep in the front kitchen—I recollect on a Saturday night in Feb. my mistress going out—I do not recollect what date it was—it was about 10 o'clock when she went out—I was in the back kitchen when she went out—she said that she was going to Murray-street, and she would not

be half an hour gone—she said she expected me to be abed and asleep when she came home—my master was out at this time—my mistress then went out—I did not go to bed—I sat up to make myself an apron—I remained about half an hour making my apron—my mistress returned in about half an hour—I heard her put the key in the door—she had a latch key—I was then in the front kitchen—when I heard her come to the door, I put the the candle out, and got into bed—I heard the door open—my mistress came in, came to the top of the kitchen stairs, against the parlour door, and called out, "Are you in bed, Rachel?"—I made no answer—the kitchen is down stairs—she then went up stairs to the bed room—that is higher up than the parlour, and then she came down with a different dress on; a different dress from her flounced dress—she had the flounced dress on when she went out—she was not up stairs long, about two minutes—before she went up stairs, I heard her voice in the passage—I heard her say, "Wipe your feet, and she told her that she was to go into the parlour—that was before she went up stairs—the parlour is over the kitchen—I heard some one go into the parlour when my mistress said that—after my mistress had been up stain, she came down into the kitchen in an old black dress—the dress she had had gone out in that evening was a black dress, with flounces to it, and bugles up the sleeves—the one she had on when she came into the kitchen was a plain dress—when she came into the kitchen she drew the kitchen blind down—she had no light with her—there is a lamp opposite the window, by which I could see—after my mistress had pulled down the blind, she went up stairs again, and said to the child, "Come down here," and the child came down—my mistress came down first, with a candle in her hand, and went into the cellar—she had to go through the kitchen to get to the cellar—there is a door from the kitchen out to the cellar—that door opens into the area—there are two cellars in the area—she went into the front cellar—that is immediately opposite the kitchen door, the one nearest to the kitchen door—the pavement of the street is over that cellar—the coals were kept in the other cellar, not in that one—at the time my mistress went into the cellar, the little girl was in the kitchen; she stopped at the kitchen door—I had seen that little girl once before.

COURT. Q. Had the little girl come through the kitchen as well as the prisoner? A. Yes—she did not come through until my mistress asked her what she stopped at the kitchen door for—I had not seen the little girl pass through the kitchen—my mistress asked her why she stopped at the kitchen door.

MR. CLERK. Q. Do you recollect the words that your mistress used? A. She said, "Come in, what are you afraid of?"—the little girl answered, "I am not afraid, ma'am; it is a strange place to me; I have not been here before"—she was at the kitchen door when she said that, the door leading from the house into the kitchen.

COURT. Q. Not at the door leading into the area? A. Yes, she stood at the kitchen door that leads into the area—she could not get to that without passing through the kitchen—it was at the door leading from the kitchen into the area—the stairs come into the kitchen, and then there is a door leading from the kitchen into the area—the door I am speaking of now, where this conversation took place, was the door leading into the area.

MR. CLERK. Q. What did you hear next? A. Then the child went into the cellar, and I heard her say that some one was going to cut her throat, and mistress said, "Oh! was she?" and the girl said, "Yes"—then mistress

said, "Supposing I cut it"—then the child said, "Oh! you are going to cut my throat,"and mistress said, "Hush! hush"—the little girl said that she was going to the devil, the devil would take her, she was going to hell and she said, "I am dying! I am dying"—then the candle was put out, and mistress walked about the front kitchen, and she said, "You b——I will kill you! you b——, I will kill you! I will teach you telling any more lies about me: you are a liar, and you are a thief"—at that time the child was making a groaning noise in the cellar—the groaning noise was before what my mistress said, whilst she was saying it—my mistress then came to the match box by my bedside, and lighted a candle, and she then went into the cellar again—I did not hear any noise from the child at the time my mistress went into the cellar a second time, nor afterwards—she did not remain very long in the cellar at that time—I saw her come out of the cellar, and she said, "There, you b——, you must be dead now, you must be dead now"—she then took the candle, and buttoned the cellar door up, and came into the kitchen—she shut the kitchen door leading into the area, and then took the candle into the back kitchen—she then came and drew the front kitchen blind down—that was the same blind that she had drawn down before—she drew it down when she came down the first time—she drew it up again before she came to me, when she took the candle into the back kitchen—when she pulled it down again she came and tapped me on the shoulder, and said, "Rachel"—I did not answer, and she called again, "Rachel"—I turned round as if I was in a fright, and she asked me if I had been out before the master went out, to get some soap and things—I said, "Yes, ma'am"—I had been directed that evening to go out for some soap and other things—mistress said she had been down to the cupboard two or three times to get some soap to take into her bedroom—the cupboard where the soap was kept is in the front kitchen—mistress said she had been out to her greengrocer's to get change for half a crown, to pay me my money on Sunday morning, and she asked me if there was any hot water in the boiler—I said, "Yes"—she said she wanted to wash her hands—she said, "I owe you 9d., and it is 11 o'clock, and I am going to bed"—that was 9d. she had borrowed of my wages—she then went into the back kitchen, and I heard her washing something there—she was there washing for about half an hour—she then went up stairs into the parlour, and remained there some time, walking about—afterwards she went up stairs to the bedroom—I heard my master, Mr. Somner, come home that night—I heard him say that it was 1 o'clock—that was when he came in—that was a long time after my mistress had gone up to her bedroom—he said it to mistress—he had been out from about 8 o'clock in the evening—I got up from my bed at 8 o'clock next morning—I remained in bed until that time—about half past 8 o'clock my mistress came into the kitchen—I had not got the fire lighted, and she told me I ought to have got the firt lighted before then—I was later than usual on a Sunday morning—I I was later than usual that morning—there was some beer kept in the area, close to the cellar door, between the kitchen door and the cellar door—my mistress fetched her beer from that place at dinner time, but not in the morning—she usually did so—she fetched it at dinner time—that was at 12 o'clock—in the course of the Sunday morning I went to the cellar door near the kitchen door—I was going for coals—in order to get the coals I had to pass the cellar where my mistress had been the night before with the little girl—as I went for the coals I looked into that cellar—I took a candle—it was about a quarter to 9 o'clock in the morning—I had

not to take a candle to the cellar to get the coals, but I was afraid to go without a candle—the door of the cellar where my mistress had been the night before was closed at the time I came to it—it was fastened with a button—I unbuttoned it, and opened the door, and looked into the cellar, and saw the child lying there close to the cellar door—her face and hands were covered with blood—I did not stay long in the cellar, I came out again directly, and I went and fetched the coals—I fastened the door again—about 11 o'clock that Sunday morning my sister came to see me—she is older than me—my mistress saw her come—I went to the area to see who it was, and she pushed me back and said she would go—she mid, "It is your sister, do not ask her down in the kitchen this morning, I am busy"—my sister went away then—I began to tell her as soon as I opened the door—she went away then—she came again in the afternoon, about 4 o'clock—I was at home when the policemen came—that was about 4 o'clock that afternoon—they came with my sister when she came back—my mistress bad on the same dress on Sunday morning that she had on when she came down the stairs, the plain dress—when the policemen came she had on the flounced dress—she had changed her dress before dinner, before 12 o'clock—I had seen this child a week before—it was on the Saturday night—I saw her in the passage of the house—my mistress was with her.

Cross-examined by MR. BALLANTINE. Q. After you heard all this, you remained lying in bed, did you? A. Yes—I did not get up at all—I did not fall asleep—I lay awake all night—I did not doze off at all—I am quite sure about that—I heard my master come home—my master had been kind to me—he was not very kind to his wife—I did not think of getting up and going up to my master—the expression the child used was that some one was going to cut her throat—I did not hear who she said was going to do it—I know she said some one—I think she said her mother—she said some one was going to cut her throat—I am sure she said that Rome one was going to cut her throat—those were the words she used—she said, "Some one was going to cut my throat"—not "Some one is going," but "Some one was going to cut my throat"—she said that when she was in the cellar—she called it out very loud—my mistress passed right through the kitchen where I was sleeping, close to me—I do not know whether she looked at me; I kept my eyes closed—my master used to ill treat my mistress, he beat her—she seemed very unhappy—I often used to see her crying—I had been there five months, from 15th Sept. last—I could always understand what my mistress said to me—she was not kind to me—she used to scold me.

MR. BODKIN. Q. What used she to scold you for? A. She used to say that I did not do things right—the things in the house—I have heard what my master and mistress quarrelled about when he beat her—he said that the dinner was not made right for him—I have not heard any other cause of quarrel.

EDWIN TOWNSEND (policeman, N 23). On Sunday, 17th Feb., I accompanied inspector Hutton to the house, No. 18, Linton-street, where the prisoner lived—it was about half past 4 o'clock in the afternoon when we got there—I was accompanied by the sister of the little girl who has bean examined—I do not know who opened the door—it was opened before I got there—I saw the prisoner coming up the kitchen stairs—I met her just at the top of the stairs—I advanced towards her—she said, "What do you want?"—I said, "We want to look into your cellar"—she said, "Look into my cellar? good God! what for?"—I made her no answer, but said, "I wish you to go with us"—her husband was there—he was in the parlour—

he came out of the back parlour door, just at the side of the stairs, and joined me and the prisoner—we then all four proceeded down the kitchen stain myself, the inspector, the prisoner, and her husband—I then procured a light, and proceeded to the cellar—I went to the cellar, opposite the kitchen door—it immediately faces the kitchen door—the width of the area is all that interposes between them—that is covered by the stone steps that lead to the house, and then there is a doorway on the left, leading out into the open part of the area, and to the other cellar—that doorway divides the area into two parts—there are no area steps—there is no coal plate, or the opening for coals, in the cellar immediately facing the kitchen door to which I went—I found the door of that cellar partially open—I was the first of the four that went to it—I there found the dead body of a girl, as I thought, about fourteen years of age, at the time—she was lying on her back, with the face partially to the right—I observed a large wound in the back part of the neck, and a large clot of blood on the ground underneath—upon seeing this, I said to the inspector, in the prisoner's hearing, "It is all right; the body is there"—I then got hold of the prisoner by the wrist, and said, "You must consider yourself in my custody, for causing the death of this girl"—she said, "Me! I did not do it; I know nothing of it;" and then she said, "I heard a noise outside the area railings last night, but I not tell you, dear" (addressing her husband), "as I thought it would make you timid"—the husband was standing close to us—I then took her into custody, and took her in a cab to the station, and the husband as well—the husband was afterwards taken before the Magistrate, and discharged—directly after I had conveyed them to the station, I went back to the house with the surgeon—I made a search up stairs, in the bedroom, and under the bed I found a black gown—I noticed upon it some blood, apparently as if it had been partially washed, still there were evident spots of blood—this is the dress (produced)—I noticed some bloody finger marks on the cellar door, and also on the door leading into the kitchen—I examined the bed in which the servant slept, and saw one or two small spots of blood on the upper part of the sheet, the part that turns over—this lucifer box, with bloody finger marks upon it, was handed to me by the surgeon.

REBECCA ANN DONOVAN . I am employed to search females at the station house at Robert-street, Hoxton. The prisoner was brought there on Sunday, 17th Feb., about half past 6 o'clock in the afternoon—she went with me to a room up stairs at the station—when she got up stairs she looked round the room, and said, "What am I brought here for? is it to be searched?"—I said, "Yes"—she said nothing further then—she had taken her dress off—after taking her dress off, she saw me look down at her petticoat, which I here produce, with marks of blood on it—she said, "I am subject to a bleeding at the nose, and I have used my petticoat; my husband can, tell you that, for he lent me a silk handkerchief"—she then said, "I have a coal cellar in my house without a coal plate; a girl was found there stabbed with a knife; I know nothing about it, for my house was fastened up by 10 o'clock that night."

GEORGE BECKLEY (police sergeant). I went to the house, No. 18, Linton-street street, on Sunday evening, 17th Feb., between 6 and 7 o'clock—I found a pair of stockings between the bed and the floor—I produce them—they are marked "C.C."—there is blood upon them—I looked into a cupboard in the back parlour shortly afterwards, that same evening, and found this knife there (produced)—there were no other knives with it—there appeared to be a little red round this part of the handle—it appeared like blood—the prisoner was lodged in the station at the time I found the knife.

Cross-examined. Q. You cannot say it was blood, can you? A. I would not say positively—the knife had been cleaned since; not since I found it: I found it in this state—nothing has been done to it since I found it—there is a little red round it now (pointing it out).

JOSEPH HOWE (policeman, N 124). On Monday, 18th Feb., I was in the gaoler's room at the Clerkenwell police court, after the prisoner was examined—there were two examinations, this was at the first examination—all the witnesses had been examined that day but one, that was Julia Harrington, the woman that formerly had charge of the child—the prisoner was remanded on that occasion—I heard her speak to herself—she was in the gaoler's room at the back of the court—after I had been there a few minutes, she began talking to herself about Hamlet and Richard the Third—after she had been talking some time, she put her handkerchief to her nice, and said, in a low tone, that it was her brother's child that was dead (that was said to herself), and he was dead, and when he died, she took the child to keep it, and she paid 5s. a week for it, which she paid out of her own earnings, as she taught music, and she did not wish to put the child to service, she was not big enough—she said, "I did it; it is no use telling a lie about it, for I did not know what to do for the best"—she said nothing more about the child—she was talking the whole of the time she was there, about her husband, what he was, and where she lived before they were married—she said her husband was an engraver—I do not remember anything else that she said—she then went away to the van.

Cross-examined. Q. Was she speaking to you, or muttering to herself? A. No—she was talking aloud to herself—I sat at the back of her—I do not know whether she saw me or not—she spoke about Mr. Phelps taking the part of Hamlet and Richard the Third—she said she liked to see Mr. Phelps take the part much better than she did Kean—that was the beginning—she talked about the history of Hamlet and Richard the Third—she was sitting in a chair at the time, with her hands in her lap—her head was up, the same as it would be if she was sitting anywhere else—I was in the room when it began—I was behind her—I had seen her before at the station—I I had had no conversation with her before—I was then watching her—her first words were that she should like to see Mr. Phelps take the part of Hamlet and Richard the Third—she was talking a long time about that, but I really cannot recollect the words that she mentioned—she talked about the history of Hamlet and Richard the Third—I cannot recollect what she said about it—she said she knew the history of Richard the Third, and she was talking about it for some time—I cannot recollect what she said about it—she did not appear to me to be rambling—she spoke loud enough to be heard distinctly by any one—she might have been talking for half an hour or three quarters, I cannot say exactly the time, talking in that way—she mentioned about the two children that were murdered in Richard the Third—I cannot recollect what she said about the children—all she said about Hamlet, was about Mr. Phelps taking the part of Hamlet—she mentioned the history of Hamlet, but I cannot recollect what it was—she did not say anything about murders there—I had never seen her before to my knowledge.

MR. BODKIN. Q. Did you remain with her until she was taken away in the van? A. I did—I did not say anything to her during the whole time—I had strict orders not to have any conversation with her at all—I attended her to the van when it arrived—I did not speak to her then; the driver came to the door, and called her—she then got up and went into the van—I went out with her.

GEORGE WILLIAM HENRY COWARD . I am a surgeon, in Si John's. terrace, Hoxton; I am surgeon to the police—I was called to the house, No. 18, Linton-street, on Sunday afternoon, 17th Feb.—I got there about half past 5 o'clock—I saw the dead body of a child lying in the cellar—it was lying on its back, and rather directed towards the right side—there I were three wounds on the left side of the neck, extending from the centre of the back of the neck to the trachea in front—the carotid artery was wounded in two places—the hæmorrhage from those two wounds in that artery was the cause of death—there were a number of superficial wounds in both hands, and likewise about the face—it is possible that such an instrument as this (produced) may have inflicted the wounds about the I throat and person of the child—I saw this knife at the Coroner's inquest—they were wounds by a sharp instrument—I found this match box on the chimney piece in the front kitchen of the house—there are apparently stains of blood upon it—I gave it to the policeman—this petticoat and dress were shown to me before the Coroner—I believe them to be stained with blood.

JULIA HARRINGTON . I am the wife of Thomas Harrington, and reside at No. 4, St. Peter-street, Hackney-road. I knew the deceased child, brought her up—she was born in my house, and in my presence—the prisoner is her mother—I brought her up from her birth, and always had charge of her up to 7th Feb.—her mother then took her from my house—she had written me a letter—when she took her away, she said she was taking her away to place her with her sister, in Murray-street—she said that to me by word of mouth—the child was called by the name of Celestina Christmas, her age was ten and a half years, as near as I can say—her mother paid me for her support—I had different payments—she paid me half a crown a week latterly—she has sometimes paid me as much as 6s. a week—I have never received anything from any one else for the support of the child—I know nothing of the father.

Cross-examined. Q. What was the prisoner before she married? A. I do not know—her name was Celestina Christmas, the same as the child—I the child was called after her.

CHARLES GROEBER . I live at No. 16, Murray-street, Hoxton. I am an engraver by trade—in Feb. last, on the Monday after the child's death, I saw the dead body of the child at the house, No. 18, Linton-street—I had last seen that child alive on 16th Feb., on the Saturday evening before—that was in my own house in Murray-street—it had been living at my house for ten days before that Saturday—the prisoner brought the child to my house on that occasion—I was there when she brought her—I knew the prisoner before—on Saturday, 16th Feb., I saw the prisoner at my house in the evening, near 10 o'clock—she took the little girl away with her—she said she was taking her to a place at a greengrocer woman's to be a servant—when she left the house with the girl, I followed her—she went straight home to No. 18, Linton-street, with the little girl—I saw them go into the house, and then I went home.

GUILTY . Aged 24.— DEATH .

Before Mr. Justice Cresswell.

458. GEORGE EDMONDSON, JOHN ABBOTT , and THOMAS VENTHAM , burglary in the dwelling house of George William West, and stealing therein 4 coats, and other goods, value 10l.; his property.

MR. LAWRENCE conducted the Prosecution.

MARY ANN WEST . I am the wife of George William West, a tailor, at

16, Manor-street, Chelsea. On Monday, 10th March, I fastened up the house—the bar of the back kitchen window was secure when I went to bed at 11 o'clock—I was awoke from half past 5 to a quarter to 6 o'clock next morning—I found the shutter of that window broken off the hinges—the bar was as I had left it on the previous night—the window was open—I missed 5 coats, 7 pairs of trowsers, upwards of 12 waistcoats, a necklace, a brooch, a silk handkerchief, and a pair of gloves—I had seen those things the last thing before I vent to bed, in the front shop—the dress coat was hanging on a chair in the back parlour—the property is worth upwards of 30l.—I do not know either of the prisoners.

Edmondson. Q. Who had you suspicion of after the robbery was committed? A. I had no suspicion of any one—my husband discharged the witness Wilkins, for his manner of conducting himself at his lodging—he once got him out of trouble.

FELIX WILKINS . I am now living at the Model Lodging House, in Queenn's road, Chelsea. On Monday, 10th March, between 8 and 9 o'clock, I saw Abbott in the Queen's-road—Edmondson came up soon after, and Ventham was on the other side of the road—Abbott had sent for me, and he asked me to buy a pawn ticket—I did buy it, and gave him sixpence for it—he then asked me where Mr. West lived—Edmondson came up soon after that, he asked me if there were any bells in the house, I told him I did not know—Edmondson came up at the time Abbott was asking me about the bells—he was near enough to hear what was said—Ventham was across the road, not near enough to hear what was passing—they said nothing more—oh! yes they said they would go there—they did not say when or what for—they said they would go to Mr. West's—I swear they did not say what for—they then left me, and went towards Chelsea College—on the Wednesday I heard that the robbery was committed, and I told the constable what they had said to me—on the Friday night I went to their lodging where they slept, in Orchard-street, Westminster—I went by myself—Abbott and Edmondson lodged there—I saw both of them in the morning and the same night—it was between 9 and 10 o'clock in the morning that I saw them—they told me they had done the robbery—they told me they got in the back way; and Abbott showed me the pawn tickets—he told me they had pawned the things for 6£. 10s., and they wished they had not done it—they both spoke—they asked if I would buy the tickets, or if I could tell them who would buy them—I said it was not safe to have anything to do with them—I then left them, and went and met the constable, 339, and I told him that Edmondson had a knife, which he took from him.

Edmondson. Q. How many days afterwards were you yourself charged with the robbery? A. I was never charged with it at all—I did not see you with any pawn tickets—Abbott had them—I sent the policeman in to you directly after I came out—I have been in prison, but not for felony—I have been in twice, once for leaving the workhouse with the clothes on, and once for a bottle of brandy—I was brought into it by another, I was charged with stealing it—I was found guilty, and had three months—I was taken up for robbing my lodging and got off—that was about seven or eight months ago—Mr. West once gave me 10s.—that was for some work that was pawned by a party I was with, not by myself—that was last June—Mr. West discharged me because he was short of work—he had lost the use of his limbs and could not get about.

Ventham. Q. Did you see me across the road? A. Yes—I conld tell it was you by your eyes—I had seen you several times before, pass when I was.

at work—it was near half a mile from Mr. West's—it was between 8 and 9 o'clock at night.

COURT. Q. When did you leave Mr. West's? A. Last June—I have got my living since then by work—I went into the country after that—I went to Hadlow, in Kent, a few miles from Sevenoaks—I worked there for Mr. Baldwin, a fanner—I worked at picking hops—that lasted more than 7 weeks—it began in Sept.—I was doing nothing in July and Aug., I had to walk that distance—I cannot tell how I lived after I left Mr. West's—after the hop picking I came home, and have been at work for Mr. Sparrow of Little Chelsea, ever since.

JOHN POTTER (policeman, V 174). On Monday, 17th March, between 10 and 11 o'clock in the morning, I went to No. 10A, Holywell-street, Westminster—I went to the up stairs back room; the door was fastened—I tried to open it, but could not—I waited there for some few minutes, and then the door was opened by Ventham—I went in and found the room fall of smoke—I said to Ventham, "What is the cause of all this smoke?"—he said, "I have just been smoking a pipe," drawing my attention to a pipe that was on the window ledge—I picked up the pipe, and found it was quite cold—I handed it to the landlady of the house, and likewise to the constable—the smoke proceeded from a chamber pot that was standing in the middle of the room—I did not examine it then—I told Ventham I should take him into custody on a charge of breaking into a house in Manor-street, Chelsea—he replied, "I know nothing at all about it; I have been at work at Kingston for the last three weeks, for a man in Earl's-court"—I then commenced searching the room, and underneath the bedstead I found Abbott secreted up in the corner—I got him out, and told him he was charged with being concerned with Ventham in breaking and entering the house in Manor-street, Chelsea—he said, "I know nothing at all about it"—I asked him what he was doing underneath there—he said, "I got underneath then because I did not want the landlord or landlady of the house to see me, or to know I was here"—I then took them to the station—I locked the room door—as we went along, I told them that Edmondson was in custody—they said they knew nothing at all about him—after taking them to the station, I went back to the room, and from the chamber pot I took these pieces of a duplicate, there being a quantity of other pieces also in it, but they were all burnt up into small pieces—I found the remains—I ascertained that they were the remains of pawn tickets, by applying to a pawnbroker—these pieces are dry now, but the chamber pot was half full of urine at that time—on examining underneath the bed where Abbott's head was, as he lay there in a stooping position, I found the remnants of some paper apparently burnt, with a lucifer lying on the floor, and the floor was much burnt—I produce those remnants—no property was found.

Abbott. I was smoking, I had my pipe in my pocket. Witness. I did not see whether Abbott was smoking, he had no pipe when I took him into custody—there were three pipes lying on a shelf, and when he was by the door, he said, "Let me take a pipe," and he took one that was half full of tobacco that had been in for some little time.

Ventham. Q. When you came to my door, did you speak at all? A. No; the landlady of the house came up with me—I could not see inside the room—I tried other pipes besides the one in the window—there were two others on the mantel piece—the witness, Wilkins, stated at first at the police court, that he knew nothing at all about you, he was afterwards recalled, and then he stated that he saw you on the opposite side of the way.

JOSEPH FOWLER . I live at No. 5, Orchard-street, Westminster, and am an artificial flower maker. Edmondson and Abbott lodged with me—they went by the names of Little Jack and Joe—the little one was in the house when I took it, about eight months ago; the other was in the house about ten or eleven nights—I believe Ventham came twice or three times to make inquiries for one of them, but I only saw him once—I think that was the day before they were taken, on the Friday—I do not know what he came about, be asked if Jack or Joe was in.

Edmondson. Q. During the time I was stopping there, did you ever know me to be out all night? A. Only the first Saturday night you were there—I do not know whether that was the 7th or 8th March.

Abbott. Q. How many nights did I stop out? A. The same Saturday night that the other man was out, and you were a fortnight or three weeks in the hospital.

COMFORT ANN PERRY . I live at No. 10, Holy well-street, Westminster. I know the three prisoners, Ventham lodged with me—on 10th March I told him that quarter day was very near at hand, and I did not like young men to let their bills run as I had my rent to pay—he said, "You ✗ have your money to-morrow"—he said he was going to receive his quarter's income that he bad got allowed him for ninety-nine years, if he lived as long—on the 11th he paid me 5s. 11d.—he pulled out a handful of silver, gave me 6s., and said, "Never mind the penny;" but I said, "A penny is as much to you as it is to me," and I gave it him—whilst Ventham was lodging there, Edmondson came there one evening to tea; he used to pass by the name of Savage—I thought I heard him called by that name—he came one Sunday evening, shortly before the robbery.

Ventham. Q. You say I pulled out a handful of silver, how much do you call a handful? A. I should say a pound or 30s.—you were not in the habit of paying me regularly every week—I have known you to be out till 3 o'clock in the morning, according to your own statement—that occurred several times.

JOHN WOOD . I live at Mr. West's. On the morning of 11th March, I came down stairs about half past 5 o'clock—I found the yard door open, and the back kitchen window, and shutters—I found two pain of trowsers and a coat on the rails in the yard—they belong to Mr. West—they we safe the night before.

(MR. JUSTICE CRESSWELL was of opinion that then was not sufficient evidence to call upon the prisoners for their defence.)

NOT GUILTY .

NEW COURT.—Thursday, April 10th, 1856.

PRESENT—Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. RECORDER; and Sir HENRY MUGGERIDGE, Knt., Ald.

Before Mr. Recorder and the Fifth Jury.

459. JOSEPH HARTLEY , feloniously uttering a forged 5l. note; with intent to defraud.

MESSRS. CLARKSON and BAYLEY conducted the Prosecution.

JOSEPH NOTT SHEAVE . I am a butcher, of Blackmore-street, Glaremarket. On 15th March the prisoner came to my shop, about 10 o'clock

in the evening—he purchased a leg of mutton—he asked me to put it inside, and said that he would call back in a few minutes for it—he returned in a few minutes, and asked me if I could give him change for a 5l. note—I said, "Yes"—he produced a note—I asked him what I should put on it—he said, "William Jenkinson"—I wrote that name on it—this is it—I noticed on the back of it, "W. C. Edgington" and "W. Wood and Son"—I gave him change, after deducting the amount of the leg of mutton—I asked where I was to send it to—he said it was to be sent to Lockwood's, in Drury-lane, to be left there for him—I asked my boy if he knew where Lockwood's was, he said, "Yes"—the prisoner was still there—I put the leg of mutton, in the basket, and sent him with it while the prisoner was still there—he stayed in the shop some few minutes, and then followed the boy directly—the note was returned to me on the Tuesday following.

Cross-examined by MR. W. J. PAYNE. Q. Had you seen the prisoner before? A. Not that I am aware of—when he came it was rather a busy time—that is a great thoroughfare at that time on Saturday night—it was when he was about to pay for the leg of mutton that he asked for change for the 5l. note—he said nothing about the note till he came back the second time—I wrote this "William Jenkinson" on it—I noticed these other names on it before I took it—it appeared not like a new note, but one that had been used before.

MR. CLARKSON. Q. You wrote the name of William Jenkinson on it from what the prisoner told you? A. Yes—I am positive the prisoner is the man—I found two indorsements on it, as if it had been in circulation.

MR. W. J. PAYNE. Q. When you took the note, did you say, "I see it I is backed"? A. No, I do not think I said so at all—I merely asked him what name I should put on the back.

JOHN MIDDLEDITCH . I am servant to the last witness—I remember the prisoner coming to his shop for a leg of mutton—I am certain he is the man—I heard him tell my master where it was to be sent—I know Lockwood's—I shouldered the leg of mutton, and went away to Lockwood's—I when I came to the end of Clare-court, where it is crossed by Drury-lane, I I saw the prisoner standing at a woman's basket, and asking her which was I the way to Lockwood's—I said to him, "This way, up higher"—he took no notice of that, but he crossed Drury-lane, and was looking up at the names over the shop windows—I do not know whether Lockwood's is a sporting house—the doors go on a swing, and when I got there I saw the prisoner close by me—before I spoke to him he put both his arms on the door, and looked in—I said, "A leg of mutton for you, Sir"—he said, "Very well, all right"—he took it in his hand and went down Russell-street with it—I went home.

Cross-examined. Q. Were you in the shop when he first came in? A. No—I was just outside the door when he paid for it—I saw my master give him some money—I did not see what he gave him that money for—I did not see the prisoner give my master anything—I did not see my master write anything—I happened to be at the door, and saw the money given—I was attending to other customers—I heard my master ask him where he should send it—I did not hear my master ask him any name, or say, "I see it is backed"—I do not know that Lockwood's is a sporting house—I know what sort of doors it has—by living about the neighbourhood so long, I know all the places.

MR. CLARKSON. Q. You are a butcher's boy, and do not know the difference between a sporting man and another man? A. No—my

master has a desk inside his shop, and there is a window where the money is taken.

HENRY JOHN LOCKWOOD . I keep a public house in Drury-lane—it is not frequented by members of the fancy—I do not know the prisoner by the name of Jenkinson or any other name—I did not expect a leg of mutton from him.

THOMAS DURRANT . I am assistant to Messrs. Dobree and Tomlinson, pawnbrokers, in the Strand—I know the prisoner—I took in a gold watch and chain of him on 30th Jan., in the name of John Henry Smith—this is the duplicate of it—I advanced 7l. on the watch—I have taken two other pledges from him in the name of Lowder, St. Martin's-lane, one was a coat for 17s., and the other was four brooches for 18s., both on 31st Jan.—on Friday, 29th Feb., the prisoner came to our shop about a quarter past 6 o'clock in the evening, he came to redeem the gold watch and chain, the sum due for interest was 1s. 9d.—the whole I had to take was 7l. 1s. 9d., he laid down two sovereigns, two shillings, and 3d. in coppers, and said,"Give me sixpence"—he laid down this 5l. note (produced)—I looked at it, and intimated to him that I did not like its appearance—he said that he knew it to be good, as he received it from a highly respectable firm in Liverpool—that did not satisfy me—I said I should like to show it to one of the firm—I said that in pretence, and went out the back way to look for a policeman—I did not find one, I returned in about a quarter of an hour and the prisoner was goat—the 2l. 2s. 3d. was there, I had secured that, and I had not parted with the 5l. note—the prisoner left the watch, I had never offered it to him—he left the duplicate behind also—I never saw him again till he was in custody—I saw him on Saturday, 21st March—I was told he was in custody, I went to see if I knew him—I saw Mr. Sheave at the Magistrate's.

Cross-examined. Q. When was it the prisoner pawned the brooches and other things? A. On 31st Jan.—it was on 29th Feb. he came to take the watch out of pawn—he gave me a note and some loose money—I did not give him back the note into his hands; I never parted with the possession of it—the prisoner did not say he would go and bring gold—there were three or four other persons in the shop, serving at the counter—there was no one with the prisoner—I did not go out at the shop door at which he came in—I do not know whether any one was waiting at the door—I do not know a person of the name of Dyson—I had seen the prisoner before, I do not know whether he is a sporting character—I do not do anything in that way myself—I do not know Mr. Lockwood—I am quite sure I told the prisoner I would show the note to one of the firm—I will swear I said, "I wish to show it to one of the firm"—the duplicate was in my possession—I sent into the warehouse for the watch and chain—he had paid the money without, the watch being produced—that is the custom—when I went out of the shop the watch and the money he had paid were on the back counter, not where he could touch it—I think there was a person with him at the time he pawned the watch—I did not hear what name he called the man—I do not know that his name was Dyson.

MR. CLARKSON. Q. The only thing that was missing when you came back was the prisoner? A. Yes—Messrs. Dobree and Tomlinson have been open every day since—I never saw the prisoner come to bring gold or any thing else.

WILLIAM THOMAS (police sergeant, F 17). In consequence of information I apprehended the prisoner on 20th March, about 12 o'clock at night, in St. Martin's-lane—I told him I was a policeman and he must consider himself

in my custody for passing a forged 5l. note at Mr. Tomlinson's, in the Strand—after walking a few yards from the spot, he said, "Let me go back to my friends"—I did not let him go back—I called Boucher to assist me, and took the prisoner to the station, I searched him, and found two 10l. notes, two 5l. notes, 17s., and one 1/2 d., some memorandums and four knives—the two 10l. notes were good, and one of the 5l. notes—this is one of the 5l. notes I found in his possession—I marked the whole of them directly—I asked him his name, he told me Joseph Hartly, he refused to give any address—the notes were all in one roll in a small pocket book—when the charge was read over to him, he said, "If it was a bad note I did not know it, I took it at the races."

Cross-examined. Q. When was it you first received information of any note being passed? A. On 29th Feb., I think it was from the inspector—I did not know of Mr. Sheave's note at that time—I do not know a person named Dyson—I have a duplicate here, which was found on the prisoner, with the name of Dyson on it—I have inquired about a man, not of the name of Dyson, but of Fowler—I know now that Dyson and Fowler are the same person—in consequence of something the prisoner said before the magistrate I have been looking for Fowler, and have not found him—I know the office of Hartley and Brothers, No. 11, Poultry—I have not learned that Dyson was a partner in that firm—there was such a firm—there was several persons when I took the prisoner into custody—I did not see one who went away the moment I took him—I did not make inquiry to find whether the prisoner was in the Inland Revenue.

MR. CLARKSON. Q. You found Hartley and Brothers at No. 11, Poultry? A. Yes—I found a card on the prisoner with that address—I went there, and found the place locked up—I forced the door, and when I got in then was nothing there—I do not know a person of the name of William Robertson—the prisoner was in company with several persons when I took him.

JOSEPH BOUCHER (policeman, F 62). I assisted the last witness to secure the prisoner.

Cross-examined. Q. Were you there when the charge was read over to him? A. Yes—he said if the note was bad he did not know it, and lie left Mr. Tomlinson's shop to go out to get gold, he said, "I suspected there was something wrong; I went out to get gold; I intended to return in a few days"—Thomas had just left—after the prisoner said he took it at the races, Mr. Tomlinson's man said, "That is the man that left my shop," and the prisoner said, "I left to get gold"—Thomas had left at that moment—he was examining the note, and he took it into the inspector's room—there were seven or eight persons with the prisoner when he was taken—it was at the Coach and Horses, at the corner of St. Martin's-court—that is a house frequented by sporting characters—I do not know Robertson—I do not know Dyson or Fowler—I have made inquiries, and could not find a person of that name—I found a firm of Hartley Brothers, export merchants, in the Poultry—there were some knives found on the prisoner—Mr. Sheave ideitified him at Bow-street.

COURT. Q. Were there many prisoners there? A. Yes—he was in a room with a number of others—Mr. Sheave pointed him out, and said, "That It the man."

MR. CLARKSON to MR. SHEAVE. Q. Under what circumstances did you recognize him? A. He was brought out with several other prisoners—I picked him out from a number'of others.

ARTHUR ROWLATT . I am inspector of Bank notes. These three notes

are all forgeries, and I should they are all from the seemed plats, certainly.

Cross-examined. Q. Are they very good forgeries? A. No, I think not—we have had much better forgeries—these are very inferior.

(William Hope, lately a provision dealer, at Manchester, gave the prisoner a good character.)

GUILTY . Aged 40.— Transported for Fifteen Years.

460. CHARLES SAWFORD , stealing 1 watch, value 2l.; the goods of Thomas Henry Barker, from his person.

THOMAS HENRY BARKER . I live at No. 52, Red Lion-street, Clerkenwell; I am stoker to some baths and washhouses. I was in Shoe-lane on 1st April, about 10 o'clock—there was a fire there, and a crowd—I was close by the end of Harpalley—I saw the prisoner come across the road, close to me, and stand against me—he stopped close against me too long, and I put my hand against him, and pushed him away—I stood back as well as I could, and I found my watch guard palled—the chain was round my neck, and the watch in my waistcoat pocket—I heard the guard snap, and I seized the prisoner—he struggled to get away, and stooped down, and while he was doing that I saw the watch in his hand—he got his hand away, but I kept hold of the collar of his coat—I had seized him by the hands first, and he struggled, and got his hands away, and while he was struggling I saw the watch in hishand—the crowd pushed about, to see what was the matter—I kept the prisoner till the policeman came—I have not got my watch—I do not know what has become of it—the crowd was so great and so close that he might pass it away—when I looked at my watch guard the ring was gone.

JOHN BENT (City policeman, 268). I was present at the fire in Shoe-lane—I heard the cry of "Police!" and went to the prosecutor—he was holding the prisoner by the collar, and charged him with stealing his watch—I took the prisoner to the station—I searched him, but did not find the watch—I found on him 2s. 9d. in money, and a knife—he gave the name of Charles Sawford—I asked him his address—he said he would not like his friends to know where he was—he said he had not got the watch.

Prisoner. Q. Did you take hold of my hands? A. I took hold of onehand, and took you by the collar—the prosecutor said he had seem, the watch in your hand—he did not say he would have some recompense.

Prisoner to THOMAS HENRY BARKER. Q. Did you not say, "I know my watch is gone, but I will have some recompense?" A. No—I said, "I know my watch is gone, but that is the man, that took it"

JURY. Q. Have you got the chain with you? A. Yes—this is it—the handle of the watch is gone—there was a great number of persons there—I am quite positive I saw the watch in his hand—I cannot be mistaken, about that.

Prifoner's Defence. I was standing looking at the fire; the crowd pushed me, and I fell against the prosecutor; he said I had got his watch; I said I had not, but he said he knew I had, and he gave me in charge.

GUILTY . Aged 19.— Confined Six Months.

461. FREDERICK STAPLETON and FRANCES PRICE , burglary in the dwelling house of Benjamin West, and stealing 650 rings, 4 watches, and other articles, value 1,500l.; his property.

MR. PAYNE conducted the Prosecution.

BENJAMIN WEST . I live at No. 23, Marchmont-street, and No. 25, Tavistock-place—

the houses are connected—you can go from one to the other without going into the street—I am a jeweller—on the night of 16th Feb., I saw my shop shut up at 11 o'clock—the key of the shop was brought to me into the parlour—I myself ascertained that the premises were safe at half past 12 o'clock—I then went to bed—I left no person up—I took the key with me—about half past 6 o'clock in the morning I was called by the police—I came down into the shop, and found the back window in the shop open—that window opens into a small yard at the back—a cushion or squab of this description was there (produced)—the police took possession of it immediately—this was across an iron shutter that partly covers that window—it is two sheets of iron—one hangs on to the top, and the other comes to the half of the window—this lay on the top of the iron, so that a person could not get hurt in getting over—there was a rope with a hook attached to a cistern in the yard—that would enable a person to descend from the top of the window down into the shop by the assistance of that rope—it was fastened to a cistern in the yard, and put into this window so that a person could get down into the shop—the rope went over the pillow—I found the shop all in confusion in the morning, and various implements of house breaking—there were several chisels and a saw, two sharp pointed instruments like daggen, a life preserver, a dark lantern, and a knife—I missed from the shop a great number of rings and watches and chains, of the value of 1,500l.—they were taken from the cases, and the cases were scattered about—here is one card which was left behind, though the articles on it were of trifling value, it would take a person a considerable time to get them off, the string was drawn tightly, and fastened with strong gum at the back.

Cross-examined by MR. W. J. PAYNE. Q. How was the street door? A. Open, and it would be very difficult to open it from the peculiar manner of the fastening—there was a heavy iron shutter, and very powerful bolts which drop into the street door, and there was a powerful iron bar which hooked on—the hasp that the bolts go into was wrenched off the door—I first discovered this about half past 6 o'clock.

Cross-examined by MR. LILLEY. Q. Did you personally examine the house? A. Yes, at 11 o'clock I went into the shop, and again at half past 19—the window through which the entrance was made goes directly into the shop—the height from the cistern where the rope was attached, to the bottom of the shop is from eight to nine feet—previous to getting to the cistern they had passed a wall which had chevaux de frise on it, which was bent flat—the entrance was made by the rope—the descent into the shop was by the rope—the cistern is over the closet—the height of the top of the cistern from the ground I should say is twenty feet, but there is a washhouse adjoining my premises which lessens it by eight or nine feet—they must have ascended to the top of the washhouse first.

MR. PAYNE. Q. There were some iron spikes, or chevaux de frise? A. Yes and the spokes of the chevaux defrise were bent together, so as to render it useless, and to prevent its turning—it was tied to the cistern—I lost about 650 rings, 24 watches, and other things—No. 15, Chapel-place, is nearly opposite my house.

COURT. Q. Where is the front of your shop? A. In Marchmont-street, and at the back of the shop is a small yard—my neighbour's house is No. 24—I have the house No. 23, Marchmont-street and the house in Tavistock-place, there is a corner house between my two houses, and at the hack I have opened a communication—the front door opens into Marchmont-street, and the open window belongs to Tavistock-place—the chevaux de fries

is between the house at the corner and mine—the wall separates my premises in Tavistock-place from the next house—a person could get from Chapel-place into that yard by crossing many walls—one is an unusually high one, about six feet higher than usual—the chevaux de frise is on the party wall between my house and the house in Tavistock-place.

MARK HUTCHINGS . I live at No. 17, Chapel-place, Little Coram-street. The house No. 15, Chapel-place, belongs to me—the backs of the houses between Chapel-place and Marchmont-street are all open—there is a wall between each house—they run parallel—the back of Chapel-place is to the back of Tavistock-place—the back yards meet—I know Stapleton—he took two kitchens at No. 15, Chapel-place, on 28th Jan., he and two females—if he bad stopped there till Monday, 18th Feb., he would have been there three weeks, but he left on Sunday, the 17th, and the females too—he gave me no notice of his intention to go—Price was one of the women—she appeared to be a hard working woman—the other woman appeared to be in the family way.

COURT. Q. How many walls would there be to get over to get to the prosecutor's house? A. I should say seven or eight walls, and some very high.

Cross-examined by Mr. W. J. PAYNE. Q. Where do you live? A. At No. 17, two doors from that house—some person came on 28th Jan., and took the lodging—I had never seen the man before, that I know of—I should say he came between 5 and 6 o'clock in the evening, just between the lights—he was only there a short time—I have not said that I could not recognise that person again who came that night—I know Mrs. Clark, she lives in the same house—I have never said to her that I could not recognise the person who came that night—I never said so to Mr. Sullivan—if they have said I have, it is not true.

Q. When did you see the person again who you say came that night? A. At the station house—there were other persons in the room—there might be eight or nine, or more—when I went into the room, the policeman was behind me—he asked me if I saw the man there—I said, "Yes"—I did not first say I could not tell—I do not recollect that the police inspector said, "Stapleton, come forward"—I do not recollect anything of that word—the police inspector did not say, "Stapleton, come forward,"nor did I then say, "Oh yes, that is the man"—the police inspector did not point him out to me—the inspector called him by name when he came out of the place—that was not before I pointed him out, but afterwards—I did not hesitate at first before I pointed him out—I do not see the lodgers every day—I make a point to go at 10 o'clock at night to see that the doors are shut, because they sometimes go to bed and leave the doors open—I let the house in single rooms—I do not fasten the doors outside—I shut them and put the latch on them.

Cross-examined by MR. LILLEY. Q. How many persons lodge in the house? A. Six different families, when they are all at home—there is a bobbin that you pull at the door and the latch will fly up—that is there in the day time, but at night the bobbin is taken off.

MR. PAYNE. Q. Did the prisoner bring his own furniture? A. Yes, and he left that behind when he went away—he paid two weeks, and left one unpaid—I heard of the robbery on the Sunday morning, before I knew he was gone—I have no doubt at all that he is the man who took the place.

COURT. Q. Did you go there on the Saturday night? A. Yes—the door was not shut, but I shut it—the string was taken off, and I shut the

door—that was about a quarter past 12 o'clock at night—I saw him several times after he took the place, before I saw him at the police office—I saw him pass up and down several times, but I never saw him after he left the place till I saw him at the station—that was about a fortnight afterwards—he did not pay the rent himself—that was brought by the other female, not Price—the other female was in the family way—I have not seen her since—they left two straw beds, an old flock bed, two chairs, an iron fender, a few old crocks, and an old bureau—they have not been claimed by any one.

JURY. Q. Are you in the habit of going to see whether every family is in? A. I go to see whether the door is shut—I look up at the windows, to see whether the people are there—I know some one was there that night—I saw a light and fire in their room.

GEORGE YOUNG . I live at No. 3, Little Coram-street—Chapel-place is a court leading out of Little Coram-street—when I have been standing it my shop door, I have seen Stapleton passing and repassing Chapel-place and Chapel-court—I might have seen him ten or a dozen times—the last time I saw him was on the 14th, the Thursday previous to the Sunday.

CHARLOTTE TOMALIN . I am the wife of Richard Tomalin—I live at No. 68, Shoe-lane—I know Stapleton, he used to live at No 68, Shoe-lane, in the same house with me—that is about four months ago—Price lived with him—they both passed by the name of Price—Stapleton passed by the name of Frederick Price—I know this book (looking at it), it is the not book of Mrs. Price, which was used in Shoe-lane—this is the curtain of a bonnet that Mrs. Price wore—I have seen it a number of times—I have been with the inspector to the house No. 15, Chapel-place—I went into the back kitchen, and saw some furniture—I knew that furniture by its being at No. 68, Shoe-lane, in Mrs. Price's room—I had seen it there when the two prisoners lived there—I have seen this teapot and this mug at No. 68, Shoe-lane, in the prisoners' lodging—I know this bonnet curtain—it was offered me by Mrs. Price for sale when she lived in the house.

Cross-examined by MR. LILLEY. Q. What are you? A. I work with my needle—my husband is a hairdresser—I think the female prisoner lived it No. 68, Shoe-lane, about three months—she lodged in the third floor, I lived in the second—persons from time to time passed my door to go to her room—she had several females came to visit her, and male persons came to visit her—I never saw but that she was a prudent woman—she always passed as the wife of Mr. Price—we complained to the landlady of so many coming, but Mrs. Price was not in the place at that time—the writing in this rent book is Mrs. Beale's, the landlady—I have seen this book in the female prisoner's hand, and seen her pay her rent once or twice—I never had the book in my hand—I do not know whether this is such a book as is commonly given to tenants—my book is larger—books like these were used for all the tenants—this curtain for a bonnet is plush—it was on a plush bonnet—I never saw a bonnet like that before or since—these two stripes on it are particular—I did not buy this of her—it is the curtain of the bonnet she used to wear—I know the lace on it—this lace is not a common pattern, to my knowledge—I never saw one like it—I can read and write—here is in this book, "Received of Mr. Price, 3s."

EMMA JOHNSON . I am the wife of Edward Johnson, and live at No. 9, Tash street, Gray's Inn-lane. I know Stapleton by his being my landlord, of No. 20, lash-street—I did live there before I lived at No. 9—on Sunday, 17th Feb., I saw Stapleton at the corner of the Hole in the Wall, in Baldwin's-gardens, about 6 o'clock in the evening—he had a fair young man

with him, and no one else—Stapleton was carrying a black leather log, which seemed to be full.

Cross-examined by MR. W. J. PAYNE. Q. This was on Sunday evening? A. Yes—there was a young woman going into the public house, the Holt in the Wall—the young man who was with Stapleton, stopped, and talked to the young woman, while Stapleton walked on—the young woman used to come backwards and forwards to No. 20, Tash-street, but she did not live there—she came to a young woman living in the back parlour—the young woman that I saw did live with a young man—I never heard Stapleton called Price—Verulam-street, Gray's Inn-road, is the street that used to be called Tash-street—Stapleton lived at No. 11, Verulam-street, seven weeks ago, up to the time of his being taken into custody.

COURT. Q. When do you first remember him living there? A. He had been there three years—he bad been absent from his home about seven weeks from the time I saw him with the bag—at the time I saw him with the bag he was just returned from the country—I did not speak to him, but I heard so from a person—I did not see him in Verulam-street for several weeks.

MR. W. J. PAYNE. Q. Did he not carry on the business of a lamp manufacturer and brass finisher? A. Yes—he is married, and has a family—his wife is in the gallery now—his wife and family are living at No. 11, Verulam-street, to the present day—I have frequently seen Stapleton coming to see the two young women I have mentioned, and likewise his wife—he came to see the young women at No. 20, Tash-street—I never saw anything more of him from the time I saw him with the bag till he was in custody—I did not know that the police were looking after him.

COURT. Q. How long before the day you saw him with the bag had you soon him in Verulam-street? A. I had not taken notice of him—I had seen him about a month before at No. 11, Verulam-street—I had not been in the habit of visiting there.

CATHARINE CLARK . I am the wife of William Clark, a porter. I live in the front parlour, at No. 15, Chapel-place. I know the prisoner, Price, she resided in the two kitchens, at No. 15, Chapel-place—she was there three weeks all but one day—I remember the evening preceding Sunday, 17th Feb.; during that night I heard the footsteps of a man—they appeared to go from the yard through the street door into the court—the latest time I saw Price was between 8 and 9 o'clock on the Saturday night—I did not go to their rooms between the Sunday morning and the Wednesday—on the Wednesday morning the policeman went in—I did not see him.

Cross-examined by Mr. W. J. PAYNE. Q. Do you know Mr. Hutching? A. Yes, my landlord—he has spoken to me about this—we had some conversation about it—I do not remember his ever saying to me that he could not recognise Stapleton as the man who came there—he might have said that to Mr. Sullivan; but I do not recollect his saying it to me—he never said it in my presence.

Cross-examined by MR. LILLEY. Q. Were there not two females? A. There was one other female came and lived there—she said that they were cousins—I saw two men there once, but I never saw their faces—I never heard men go to her room—there were five females in the home with Mrs. Price, and my husband and two men.

COURT. Q. What name did you know Staplaton by? A. I never saw him there—I went to bed about twelve o'clock on the Saturday night—I heard the footsteps between four and five o'clock in the morning.

ROBERT CHECKLEY . I am an inspector of the E division. On 20th Feb., I went to No. 15, Chapel-place; I went to the kitchen, and found this rent book—there was some furniture which has been shown to Mrs. Tomalin—I found this bonnet curtain inside the pillow which has been produced—I found this piece of Orleans cloth in the same pillow that Smith gave me, and this other piece of Orleans cloth I found—I was a draper before I was a policeman—these pieces of cloth must have been from the same piece, and they must have been worn together to change the colour—I found some I flock in the kitchen, in Chapel-place—I have compared it with the flock in the pillow that Smith gave me, and they correspond—the quantity of flock I found, and what Smith gave me, would just fill this pillow case—I did not examine the premises—I took Staple ton into custody about 12 o'clock at night, on 15th March, in Gray's Inn-lane—I had been trying to find him before for five weeks, either I or one of my officers never had our eyes off his dwelling, No. 11, Tash-street, Gray's Inn-lane, from 18th Feb., till 15th March—I was not able to trace him—when I took him, I said, "I want you for Mr. West's robbery; you are also connected with two females of the name of Price; your name is not Price, but Stapleton"—he said, "I know of no one of the name of Price;"but on the road to the station, he said, "I know a family of that name living in Tash-street"—I said, "Those are not the persons"—I was present when this teapot and mug were found in the back kitchen, at Chapel-place—the furniture had then been removed from the front kitchen—I took the prisoner Price on 3rd April—I was watching the Hit or Miss beer shop, in Waterloo-road—I saw Price go in there—I sent a person in, and I saw Price go hastily from the bar, pursued by sergeant Smith; he brought her back in a few moments and gave her to me—on the way to the station she said, "I never lived in Chapel-place; I know of no one by the name of Price or Stapleton"—she afterwards said, "Well, I left him because he ill used me"—she did not mention anybody's name.

Cross-examined by MR. W. J. PAYNE. Q. Did you take Stapleton about 12 o'clock in the day? A. Yes; I saw him come out of his own house—I saw a man go in, but I do not know that it was him—that was on the day before—I was standing in a public house—I saw the prisoner there—as soon as he left I had information that he was the man—I saw him come out of No. 11, Tash-street, and go into No. 20—he came out with two other men—I followed him, but he ran down a small street at the corner of Tash-street, and he was gone in an instant.

Q. Were you on duty at the station when Hatchings came there? A. I was not on duty, but I was there—I do not think he saw the prisoner at the station house at all—at the police court I pushed open the door where the prisoners were—Stapleton stood opposite the door—I said to Hutching "Is that the man?"—he said, "Yes."

Stapleton. There was only me and an officer there. Witness. There were other prisoners there, but not in sight.

Cross-examined by MR. LILLEY. Q. What is the difference between this Orleans cloth and Coburg? A. Coburg is twilled on the surface, and Orleans is not—I am not conversant with bed making—I never saw a flock bed filled, or a pillow—I do not know that they put all manner of rubbish a flock—remnants of cloth are much too valuable to mix with flock—supposing a dressmaker had a quantity of pieces they would very likely mix them with flock—at one time plush was very much used for bonnets, as much as it was for breeches, but that was different to this plush—plush was

used of all colours—plush is made in a piece—perhaps a yard would make a bonnet—it would depend on how it is made—pieces of plush are made of the same colour, and like every other thing, in thousands.

WILLIAM SMITH (police sergeant, E 16). On Sunday morning, 17th Feb., I went to the premises of Mr. West—I have been to No. 15, Chapelplace—to get to the window, a person would have to go out of No. 15, Chapel-place, to a garden in Tavistock-street, and over five or six different walls to No. 20, Marchmont-street, and if they walked along the wall they would get to the back premises of Mr. West's shop—they would get on the cistern over the chevaux de frise—there are very high iron rails at the back of Mr. West's—they would get over the chevaux before they got to the cistern—I tracked the way from Mr. West's window to No. 15, Chapel-place—I observed footmarks from garden to garden, from No. 15, Chapel-place to No. 20, Marchmont-street, to Mr. West's house—I found this pillow lying over the iron shutters, and a rope, which had a hook at the end of it—this rope was fastened to a part of the cistern, and hung over the iron shutter and this pillow, and descended into the shop—I was with Mr. Checkley when he found the cloth and other things—he opened this pillow—it was dosed up when I found it—I examined Mr. West's premises—the door was open when I got there, and one or two constables were there—I took possession of these things—here is a dark lantern, a life preserver, check gimlet, and this screwdriver—I traced the steps from No. 15, Chapel-place to Mr. West's—there were the steps of more than one person—I should say of two or three—I apprehended the prisoner Price—I went to the Hit or Miss beer shop, in Waterloo-road, about a quarter before 11 o'clock, this day week—I looked for her, but did not see her in the bar—I saw the landlady coming up stairs, with a candle in her hand—I took the candle from her hand, and went down to the back yard—I found Price there; she was being assisted over a wall by a man—I said, "Fanny, I am a police officer; I want you, for being concerned with a man named Stapleton, otherwise Price, in committing a burglary at Mr. West's, in Marchmont-street"—she said, "I know nothing about it; I do not know any man by the name of Stapleton or Price."

Cross-examined by MR. LILLEY. Q. Were you in plain clothes when you went to the Hit or Miss? A. Yes—I had not seen Price before—I called her Fanny—I did not compare any shoes with the footmarks—they were ordinary footmarks, but quite fresh.

COURT. Q. You say there would be six or seven walls to get over? A. Yes, there is a building which separates the walls—some of the walls are about eight feet high, some six feet, and one much higher, I should aay about ten feet—the chevaux de frise is between Mr. West's and the adjoining house—it is not directly on the top of the wall, it is right between two houses—the height is about twelve feet from the ground to the top of the chevaux de frise, and from there in at the window, I should say about eight feet, and the whole would be about twenty feet—you could walk up to the wall.

NOT GUILTY .

462. THOMAS HOARE , maliciously and feloniously cutting and wounding Michael Welch, with intent to do him some grievous bodily harm.

MICHAEL WELCH . I am a labourer, and live at No. 16, Spring Garden-place, Pimlico. I am an Irishman—on Good Friday night I was talking with the prisoner, about 10 o'clock—I had been advising him, but I was a

little in liquor, and I do not recollect what it was—he struck me with his fist—I threw him down—we were separated—I went to my own door—the prisoner went into his house, and came out with a chopper, and hit me on the back of the head with it—I seized him, we fell down, and he hit me again with the axe while we were lying down—James O'Neil came up and took the axe from him—I was taken to the hospital.

Prisoner. Q. What advice were you giving me? A. I do not recollect—I did not follow you before you got into your room—you went into your own room, and came out—I do not recollect that I hit you before you got in your own room, for taking a bottle of gin off the table.

JAMES O'NEIL . I live at No. 2, Spring Garden-place. I was in the court on Good Friday night—I saw the prisoner come out—I did not see the chopper when first I saw him, but I saw him with it an he passed me—I saw him wield the chopper round his head, and he asked for Welch—I went after him, but before I got to him they were both on the ground together—after I got up to them, the prisoner made two attempts to strike him with the chopper—I do not know whether he did strike him—Weleh's head bled—I took away the prisoner from him—the prisoner was drunk—Welch was a little intoxicated, but not drunk.

Prisoner. You came up and kicked me. Witness. No, I did not.

THOMAS DUNCAN . I am house surgeon at St. George's Hospital. Welch was brought there on the Saturday—I examined his head—I found two cuts, each of them a little less than an inch, meeting in the middle—that was at the top part of the side of the head—there were two cuts in one wound, as if they were caused by one blow—the wound was not dangerous, it healed very well—I dressed his head—he came regularly every morning, from the 22nd March till 2nd April—I think this hatchet would have inflicted the wound—the back or corner of it might have done it—the front of it would have made a more dangerous wound.

(The prisoner's statement before the Magistrate tons here read, as follow: "I have nothing to say, only that I was quite drunk.")

GUILTY of unlawfully Wounding. Aged 48.— Confined Two Months.

THIRD COURT.—Thursday, April 10th, 1856.

PRESENT—Sir JAMES DUKE, Bart., Ald.; Mr. Ald. SIDNEY, and Mr. COMMON SERJEANT.

Before Mr. Common Serjeant and the Seventh Jury.

463. MARGARET CANNON , stealing 15 yards of printed calico, and 2 ozs. weight of sewing silk, value 7s. 6d.; the goods of Charles Meeking and another.

JOHN REYNOLDS ROBERTS . I am assistant to Charles Meeking and another, drapers, of No. 62, Holborn-hill. About a quarter after 5 o'clock on Wednesday afternoon, 17th March, I Saw the prisoner in the shop—she asked to see some black sewing silk—I called a young man to serve her, and while he was gone to get it, she walked across to some prints on the other side of the shop—she then went to the silk, and I saw her take a handful of it and place it in her bosom—I waited two or three minutes to see whether she really meant to take it away—I then told her to take the silk out of her

bosom, which the did, and I told her to leave the shop and never come into it again—as she went away I noticed something under her arm, stopped her, and found this piece of print (produced) value about 6s.—it belongs to my master—I took her into the inner warehouse, and closed the door—she then thrust her fist through the plate glass door—the value of the glass was 10s. or 15s.

SUSAN MARSHALL . I am female searcher at the police station. I searched the prisoner, and found ten skeins of sewing silk in the sleeve of her chemise, and a shilling and a halfpenny.

Prisoner's Defence. I was very tipsy, and recollect nothing about it.

JOHN REYNOLDS ROBERTS re-examined. She did not appear tipsy when she came in, but she said that she was tipsy when she went out.

SUSAN MARSHALL re-examined. She was not tipsy.

GUILTY .** Aged 59.— Confined Six Months.

464. DAVID WILLIAMS , feloniously marrying Sarah Maishman, his wife Anne being alive; to which he

PLEADED GUILTY . Aged 45.— Confined Twelve Months.

465. THOMAS BROWN, WILLIAM AYRES , and HENRY ADAMS , unlawfully conspiring to obtain a gelding from Peter Nolan by false pretences.

MR. THOMPSON conducted the Prosecution.

PETER NOLAN . I am a glass dealer, and live at No. 7, Bedfordbury, which runs from New-street, Covent-garden, into Chandos-street I have known Brown for a long time—on 15th March, I sent a horse and cart to Aldridge's Repository for sale by my boy—I followed, and when I got there saw Brown; and my boy in the cart—about a quarter of an hour afterwards I saw Ayres—he and another man got into the cart with my boy and drove up Long Acre—I asked Brown what sort of men they were that were getting into the cart, and he said that it was all right, that was for the purpose of trying it—when they came back they all three went together, and I went to my boy and told him to bring the horse and cart home—I went home with the boy, and we put the horse and cart in the stable—the three prisoners and two or three other men came to me at the stable—Brown called me down the yard, and said in the presence of Ayres and Adams, "That is the master of the horse"—Ayres asked me the price—I told him 10l. and they all went away together—in three quarters of an hour Brown came to me with the address, on a paper, of Mr. Henry Goodall, 19, Henry-street, Hampstead-road, who he said would purchase the hone, if I would go there with him—Brown and my boy went with me in the cart, and at the corner of Henry-street Brown advised me to get out of the cart, at it would be much preferable to let the gentleman see it with only two persons in the cart; and if he approved of the horse he would call me from the corner of Henry-street—I got out and stood at the corner three quarters of an hour—Ayres and another man and my boy came back with the cart and the harness—I asked my boy what had become of the horse—he said that it was sold—I asked him who sold it—he said that he did not know, and then Ayres said that he had sold the horse for 10l., and produced a receipt—I asked him why the gentleman who bought the horse did not retain the receipt—he said that he forgot to give it to him, and then he advised me to go back to Camden-town to see if I could find Brown—I went to the end of Mornington-crescent, and he showed me the public house where he left Brown—I looked into three departments of the public house, but could not find him

—I then returned home with the cart and harness—on the Saturday I went to Bow-street—on the Sunday I went to a coffee shop in York-street, Westminster, by the direction of the police, and Brown came in, and was talking to the landlord, and two constables came in and took him outside—he wanted to know what he was charged with—I said, "I charge you with stealing my horse"—he was taken to the station—I asked him what he had done with the horse—he said that he had changed it, and then he said that he had sold it, spent part of the money, and lost the remainder—when Ayres came back with the cart and harness he claimed half a sovereign, and said that he would call at my place on Sunday morning for it—he said nothing about having bought the horse for 5l. in partnership with Adams.

Cross-examined. Q. What are you? A. A glass dealer—I never dealt in horses before—I bought the horse at Vauxhall, changed it for an-other—the man lives somewhere by the end of Vauxhall-bridge—Brown went with me, and helped me to change it—the first horse was not broken-winded—I had three horses before that—I believe it was broken-winded—I did not tell the man at Vauxhall that—I did not put the broken-winded horse on to him, and leave Brown to get out of it in the best way he could—Brown remained in the public house at his own option, saying that he was going to Wandsworth—I did not give him 1s. to treat the servant till I could get out of the way—I got the broken-winded horse at Aldridge's—I changed another for him, and gave two guineas—I changed him because he was not fast enough—there was nothing the matter with his legs—I had not frequently asked Brown to sell this horse for me if he could—he did not jib—there was nothing unpleasant about his action—I had had him four days, and wanted to sell him again, because I did not like the colour, which was grey—there was no objection but the colour—I did not tell Brown to sell him if he could, but only to show him—I was there to sell him, but he took me off my guard—I said to the man who came back with the cart, "What business have you to sell my horse? I did not authorise you or Brown to sell it"—I had intended to sell it right out when I went to Aldridge's, not to exchange it—if the 10l. had been brought to me instead of the receipt I should not have said that it was perfectly right—I did not say that I expected the horse would be sold when I sent him to Mr. Goodall.

Cross-examined by MR. SLEIGH. Q. Did you go to Agar-town? A. Yes—that is, I believe, where Adams and Ayres live—I found them at their stable—they said that they had bought it between them of Brown, for 5l., and were in partnership—Ayres kept the 10l. receipt—when I went to the stable they produced the receipt for 5l—this is it (produced)—I do not know in whose writing it is—it is "Henry Adams, bought of Thomas Brown, a grey horse for 5l."—I do not know in whose writing the 10l. receipt is—I believe Brown cannot write—I can positively swear that the receipt Ayres had for 10l. is not in the same writing as this; the writing of the 10l. receipt is much better than this—Ayres did not say that Brown had agreed that he should have half a sovereign for conveying the cart and harness to me, and that I was to give it to him—he said that he had sold the horse himself; he demanded it of me, and wanted me to give it him there and then—I did not promise to give it him on Sunday—he said, "I will call to-morrow, and you will give me the half sovereign."

MR. THOMPSON. Q. Did he call the next morning? A. No, I did not see him till Tuesday night, when I went and saw him and Adams together—all the prisoners heard at my stable the price which the horse was to be sold for: 10l. at the lowest.

JOHN GEORGE . I am in the service of Mr. Nolan. On Saturday, 15th March, I went to Aldridge's Repository with the horse and cart—Ayres and another man got into the cart—after that we went to the Repository and my master sent me home—I was in the stable with my master, but did not see the men when they came, or hear the conversation—Brown and my master and I then went to Henry-street, Hampstead-road, and at the corner of Henry-street my master got out, and afterwards Ayres, Adams, and another man got in—they got out at the Southampton Arms, Camden-town, and went away, and then they came back, and went into the public house—they were there five minutes—Brown then told me that the home was sold, but did not say who to or for what sum—he told me to take the horse out—I took it out, and Adams took it away—Brown told me to take the cart back, Ayres and another man went with me—Brown went to the back to shove, I was in the shafts, and I afterwards missed him—I saw my master at the comer of Henry-street—Ayres wanted half a sovereign of ray master, saying that he had sold the horse for 10l.—my master asked who authorised him to sell it—he showed him a receipt for 10l., but master could not get it into his hand, be would not let him have it—my master said, "Why did not you give the paper to the gentleman?"—he said, "I quite forgot it"—I then took the cart home.

Cross-examined by MR. METCALFE. Q. You were not at all surprised when you were told that the horse was sold, were you? A. I did not know anything about it, I did not think it would be sold so quick—I expected it to be sold—we went to Henry-street that Brown might sell it—I was at Aldridge's in the morning, but did not there hear my master Jell Brown that he was to exchange it, and get him another as soon as he could—my master did not like the colour; that was the reason he wanted to sell it—that was about the second horse Brown had sold for my master—he did not sell the firsts—he exchanged one somewhere over Vauxhall way, I do not know whether there was anything the matter with it—I forget now whether Brown had anything to do with the sale of the one before that, he sold one or two—I have known Brown for a long while, my master has known him since he was a boy, I believe.

Cross-examined by MR. SLEIGH. Q. When you told your master that Brown had sold the hone, where was Ayres? A. He was with me and within hearing—they did not say anything while I was in the cart—I was sitting at the back of the cart and did not hear what they said—after they had been away they went into the Laurel Tree, and when they came out, Brown said to me in the hearing of Adams and Ayres, "I have sold the hone"—we have got the horse in the stable now.

SAMUEL CRAMP (policeman, B 47). On Sunday morning, 16th March, about 1 o'clock or half past, I was called into a coffee shop in York-street, Westminster, and saw Brown there—Nolan said, "That is the man; I give him in charge for stealing the horse"—as I took him to the station, he said that he knew nothing about the horse, then that he had chopped it away, and then that he had sold it, and spent and lost the money—on the following Tuesday night I went to Agar-town; I went down the yard to the stable, and waited from 8 to 11 o'clock, when Ayres and Adams came and several men with them—I asked who had got the key of the stable—they asked what I wanted—I told them I wanted to see the horse which was in the stable—Ayres and Adams said that the hone was theirs, that they bought it between them and were in partnership—Adams said, "I have got a receipt in my pocket which I paid 5l. for," and gave me the receipt produced.

Cross-examined by MR. SLEIGH. Q. Bid they give you the key of the stable? A. As soon as I took them into custody they did—it was before they opened the stable door that they told me they had bought the horse, and produced the receipt—they told me they had bought it of a man named Brown.

(The prisoners received good characters.)

GUILTY .— Confined Nine Months each.

466. JOHN THOMAS PLOMER was indicted for committing wilful and corrupt perjury, in July, 1845.

(The prosecutor did not appear.)

NOT GUILTY .

467. SAMUEL NEALE and JOHN CRAMPTON , unlawfully conspiring to obtain money of Ann Eagle, by false pretences: to which

NEALE PLEADED GUILTY . Aged 58.— Judgment Respited.

MR. METCALFE conducted the Prosecution.

THOMAS JAMES STRONG . I am a cow keeper, of West-street, Hackney, and am in the habit of sending Neale, who was in my service, to Messrs. Currie's, for five quarters of grains—he had instructions to leave two quarters at Mrs. Eagle's each week, from Christmas to the middle of March, and to bring three quarters home to me—he usually accounts to me for those two quarters, and on one or two occasions he paid me for three quarters—the price of two quarters was 12s. 6d., and of three 18s. 9d.—there was 6d., allowed him; he took 19s. 3d., but 6d. was his profit—two quarters used to be put into the cart, and a board laid on them, and the other three on the top—on 14th March he brought me 12s. 6d.—I had given him 25s. for the five quarters when he started, and on 19th March also—I always gave him that, and never leas—my cart will only hold five quarters.

Cross-examined by MR. THOMPSON. Q. You gave no instructions as to any particular quantity to be left at Mrs. Eagle's? A. No—she might have had them all, or any portion, if she liked.

MABY O'BRIEN . I am the wife of Michael O'Brien, and daughter of Mrs. Ann Eagle, a cow keeper. I lodge with her, and partially manage the business—I was in the habit of receiving grains brought by Mr. Strong's man—we always paid for three quarters, between Christmas and March—on 19th March I paid Neale 19s. 3d., for grains left on the 14th—he gave me this receipt (produced)—it has no date—I have other receipts for other weeks, but some have been destroyed—they were always for three quarters—it was Crampton's duty, when the grains were delivered, to help to unload them, and to see that the proper quantity was delivered—on 14th March I asked Crampton how many grains there were—he said, "Three quarters"—I said, "How many does the cart hold?—he said, "Six"—I said, "I thought there were more in the cart than were taken out"—he said, "The man would rather give a shovelful or two more than less"—Crampton ordered the grains—he used to say, "We are going to have some grains in the morning;" and the last time I told Neale to leave three quarters, because I knew that there had been only two left—this was not in Crampton's presence.

Cross-examined. Q. Where do you live? A. At my mother's, and sleep there, but my husband does not—he has nothing to do with the business—he is out of employment—he has been on the railway—Crampton has been foreman three years, ever since my father died, and he was there some years in my father's service—I have never suggested to my mother the propriety of letting my husband be foreman—he has not come backwards and forwards,

since he has been out of work, to manage the business—he has gone on errands for my mother, in the way of her business, but he has never done anything in the yard—March 19th was on a Wednesday, and the grains arrived, it might be, between 11 and 12 o'clock—they always came between 10 and 12 o'clock—Crampton is married, and has children—I do not know where he lives now—he never had anything to do with the bilk—I know that he cannot write—this piece of paper was given to me—I think my husband put this date in pencil, but am not certain; I did not—I do not know whose writing the paper is in—I did not see the grains measured—I know the quantity that ought to have been delivered—I watched, and saw the grains delivered on 19th March, and went down and asked Crampton how many there were, and he said, "Three quarters"—the money of that day has not been paid yet—we pay one week under another.

MR. METCALFE. Q. That was paid for grains delivered on the 14th? A. Yes—I gave that to Neale, not in the presence of Crampton.

MICHAEL O'BRIEN . I am the husband of the last witness. I received some from Mr. Strong, in consequence of which I gave Neale into custody, and Crampton also.

Cross-examined. Q. I believe Crampton told you that he always thought there were three quarters? A. Yes—I have been out of employment twelve months, and more—I have not been particularly looking for employment—I have been partially managing Mrs. Eagle's business—my duty has been whatever she required me to do—I have known Crampton many years in the employment.

THOMAS HORNER . I am potman at the Three Colts, George-street, Hackney. I know the prisoners, and have seen them there ever since I have been there, twelve months—on 19th March Neale came with his cart of grains, and asked me whether I had seen John Crampton—he gave me a message for him, and I went and told Crampton that Neale wanted to see him—I said, "Old Sam is waiting round the corner, and wants to know whether you want any grains"—he said that he could not come round, and he had better see the old lady—he gave me this bill (produced), and I gave it to Neale (this was for three quarters of grains to Mrs. Eagle, on 14th March)—he then turned his horses round, went to Mrs. Eagle's, and delivered the grains—with the exception of this 19th March in pencil, this paper is the same as when Crampton gave it to me—Neale generally came to our house when he brought grains, and I saw Crampton there with him after delivering them—Neale used generally to come first, and Crampton used to follow, and they then drank together.

Cross-examined. Q. How far is your public house from Mrs. Eagle's? A. About thirty yards—I can read and write—Mr. O'Brien put on this 19th March in pencil.

RICHARD CLARK (policeman, N 223). On Saturday morning, 22nd March, I went to Mrs. Eagle's yard, and saw Crampton—before I spoke to him he asked me if I had come for him—I told him, "Yes,"and that he must consider himself in custody for being concerned with Neale in embezzling various sums of money of Mrs. Eagle—he said that he knew nothing of it—on the way to the station I said, "Several receipts for three quarters of grain We been given by Neale"—he said, "I know nothing about any receipts, I never saw any"—Neale was taken the night previous—they were not together at the station.

THOMAS GOYMER . I am gate keeper at Messrs. Carrie's, the distillers, at Bromley. They supply Mr. Strong with grains—I have been in the

habit of supplying them to Neale for them—five quarters was his usual load but sometimes we could not let him have them—on 14th March I wrote a ticket for five, but he said, "Four will do," and he took four—this (produoed) is the ticket—I scratched "5" out, and wrote "4," and he paid me 20s.

Cross-examined. Q. What time do they usually load the grains at your place? A. The first thing in the morning.

(Crampton received a good character.)

NOT GUILTY .

468. JOHN SMITH , unlawfully inciting William Reynolds to commit b——y.—2nd COUNT, assaulting the said William Reynolds, with a like intent.

GUILTY on the 2nd Count. Aged 20.— Confined Twelve Month.

469. WALTER SCOTT DOWDING , embezzling, in Nov., 1854, an order for the payment of 124l. 8s., and 124l. 8s. in money, which he had received as clerk to the City of London and Tower Hamlets Cemetery Company.—2nd COUNT, for a like offence to the amount of 52l. 8s.

MESSRS. BODKIN and CLERK conducted the Prosecution.

HENRY WEBB . I am one of the Directors of the City of London and Tower Hamlets Cemetery Company. The prisoner was our secretary in 1854 and 1855—he has acted so, I think, seven years—he had a salary of 100l. a year, and a house; also a commission of 2l. per cent. on the gross receipts—he received burial fees and monies due to the Company, and kept the books—it was part of his duty to enter in the books the monies received and paid by him during 1854 and 1855—the Directors used, I think, to meet fortnightly; that is, the second Thursday in the month and the last—on those occasions it was the prisoner's duty to attend and lay the accounts before the Directors—the fortnightly account showed the monies received; the monies expended were cheques drawn by the Directors—the prisoner had to pay a commission to undertakers—it was his duty twice in the year to make up the half yearly accounts—he made up the half yearly balance sheet to the 30th June last, for the meeting in July—this (produced) is it—among the assets here appears due to the Company 1,000l. 18s. 10d.—the prisoner was afterwards requested to make out the items of which that 1,000l. consisted—this is the account (produced)—the parish of St. Margaret's, Westminster, is here debited to the amount of 156l. 14s.—that account was made out before the half yearly meeting in July—it was put into my hands in July—after that account was given, the Board came to this resolution—the prisoner took the minutes—(Read: "Wednesday, 30th July. Resolved, from henceforth, the parochial accounts be made out within a week from the termination of each quarter")—on that occasion we received this letter in the prisoner's writing—(Read: "City of London and Tower Hamlets Cemetery Company, 30th Aug., 1855. Gentlemen,—It is with feelings of the deepest grief that I shall be compelled to make disclosures of a most painful nature; I have done my utmost to avert the necessity of so doing, but it is impossible. For the sake of my dear family, I pray God that you will condemn me with mercy. Yours, &c., W. S. Dowding.")—after that letter had been read by the Directors, the prisoner was called into the room where we were sitting, and made a verbal communication to the Board—he stated that he had received monies, and after receiving the cheques on account of these parish accounts, had lost them, by going to town to take them to the bankers, and, consequently, they were not entered in the accounts, and that they might amount altogether to between 300l. and 400l.—the keys

Were then given up to the Directors, and an examination was made of the cash book and ledger, which had been kept by him—this (produced) is the cash book of 1854, and here are the minutes in this book of the meeting of 30th Nov., 1854—at that meeting the prisoner accounted for all monies he had received during the previous month, from 29th Oct to 26th Nov., inclusive—here is no account from the parish of St. Margaret's, Westminster—the total amount of receipts for which he gives credit here for that month is 515l. 8s. 6d.—here are the different items of hich that credit is made up—they were ready payments made at the time—at the next meeting; 28th Dec., here is no credit given for a sum of 124l. 8s., for the parish of St. Margaret's, Westminster—the amount of his receipts is 506l. 14s. 6d.—that is made up principally of ready money sums, but here is an item of 46l. 2s., from St. Margaret's, Westminster, on 28th Nov.—this account of 22nd Feb., 1855, includes a period of a fortnight—it does not include 52l. 8s. on account of St. Margaret's, Westminster; the amount is 239l. 9s. 6d., which is made up of other items—in the following fortnight, or month, here is no entry of 52l. 8s. from St. Margaret's, Westminster—I have seen certain receipts which purport to be the prisoner's writing—this receipt for 124l. 8s. (produced) is his, and also this other for 52l. 8s. for St. Margaret's, Westminster.

Cross-examined by MR. BALLANTINE. Q. Supposing him to have received on 29th Nov., 1854, the sum represented by this receipt, when would it be his duty to have accounted for it to the Company? A. On the following Board day, 30th Nov.—if he received it on 29th Nov., it ought to have found its way into the book on the 30th—if he could not make up his accounts to the 29th, he ought to have stated here, 28th Nov.—it was not imperative on him to return the monies for the last few days before the Board day, so that he had the books at the bankers properly kept—it was his duty to pay crossed cheques into Messrs. Hankey's at once, without delay—I have not ascertained that it has been paid in—I cannot tell you when this cheque was paid in, nor the cheque of 16th Feb.—when he said that he had lost cheques, he did not specify any cheques—he did not refer to these two cheques—we understood that he referred to the losses he had had—I am not aware that he had to drink with undertakers—undertakers are our customers—it was not his duty to canvass them to procure custom, but he got a per centage—the more dead bodies he got, the more per centage he had—he had been well recommended to us, and has borne a highly respectable character—he was rather neglectful, but we had no idea of his dishonesty—he gave security, 400l., I think.

MR. BODKIN. Q. His securities turned out to be valueless? A. They are dead—having headed this account, "Statement of business, from 26th Oct to 29th Nov., inclusive," it was his duty to have inserted the sun he received on the 29th—he does not, in the account of the meeting in Dec., in the list of persons who have paid him money, include this sum of 124l. 8s.—I have looked through the books, and he does not account for it anywhere—the second account in Dec, is from 30th Nor. to 27th Dec., inclusive.

EDWARD SPOONER . I am clerk to the Board of Guardians of St. Margaret's, Westminster. I pay the Cemetery Company for the interments of paupers—this cheque produced was paid by the treasurer, in my presence, on 29th Nov., and this receipt was given at the time—this cheque for 52l. 8s. was also paid by the treasurer, and this receipt (produced) was given—the cheques were first crossed "and Co." only, they are now crossed "Hankey and Co."—the parish of St. Margaret's owed the Company nothing in June,

1855—we had no transactions with them after Ladyday, 1855, when they paid what they owed—any account in June charging them with owing the Company 56l. 4s. is false.

COURT. Q. Did you see the receipt signed? A. No—anybody might have appeared and signed a receipt—we pay seventy or eighty people at the same time—I believe on one occasion the prisoner's wife came.

JUDAH GREATOREX . I am clerk to Messrs. Hankey. This (produced is the ledger of Nov. and Dec., 1854—on 2nd Dec., 1854, we received from the City Cemetery Company 124l. 8s.—I make the amount paid in between 2nd and 27th Dec., both inclusive, 517l. 3s. 6d.—on 17th Feb., 1855, 52l. 8s. was paid in by them—from 8th to 21st Feb., the amount paid in was 237l. 8s. 8d.

(MR. BALLANTINE contended that no case was made out in point of law, Mr. Bodkin had relied upon the decision in the case of Rex v. Hall, in Russell and Ryan; he submitted that that case was not applicable to the present, here the prisoner was charged with embezzling specific cheques, which, in fact, he had not done, he had actually paid them into the bank entire, at the time at which they were received, and there was nothing to show that they were paid in with the intention to conceal the receipt of other items. MR. BODKIN submitted that the case of Rex v. Hall could not be distinguished from the present case; the prisoner, being in arrear, used the two cheques to discharge himself of his liabilities, on account of other sums which he had received, which was the same as if he had paid some private debt of his own with the money. THE COURT considered that the case could not be distinguished from that of Rex v. Hall, and that if the prisoner, having received the money, and having omitted to include it in his accounts, did so dishonestly, he would be guilty, and could not ease himself of that guilt by paying the money to the bankers two or three days afterwards. MR. BALLANTINE, therefore, addressed the Jury on behalf of the prisoner.)

NOT GUILTY .

OLD COURT.—Friday, April 11th, 1856.

PRESENT—Mr. Ald. CHALLIS; Mr. RECORDER; and Mr. Ald. LAWRENCE.

Before Mr. Recorder and the First Jury.

470. STEPHEN STOUT was indicted for feloniously forging and uttering an acceptance to a bill of exchange for 25l., with intent to defraud.

MR. PARRY conducted the Prosecution.

CHARLES TIOTT JUDKINS . I am a merchant and patentee of sewing machines; I am also the patentee of a gas regulating machine; I carry on my business at No. 98, Fleet-street, and have also a warehouse at Manchester. About Feb., 1854, the prisoner came into my service—he left At the end of July, or the 1st of Aug.—his duty ordinarily was to act as book keeper—about the end of July, 1854, there was an exhibition, or fair, of some description, at Plymouth—I sent one of my sewing machines to that exhibition by the prisoner—I instructed him to sell it if he could, and to take orders for others—he was to stay there one week—I gave him 5l. for his expenses—he returned from Plymouth about 20th July, but I cannot say within a few days—I was in Manchester at the time—a Mr. Dresser

was looking after my affairs for me in town until my return—he was not in my employment—he was doing business for himself, but, as a matter of friendship, he looked after my affairs, as I had no one—I received this bill (produced) whilst I was at Manchester—it came in a letter after the prisoner had returned from Plymouth—the nice of the bill was the same as it is now, with the exception of my name, and these figures at the bottom—I put my name to it, as drawer, after I received it in Manchester—I endorsed it to the Manchester branch of the National Provincial Bank of England—the name of Cross was then on the bill, as it is now—that bill was dishonored—I received communication from, and made inquiries of, Mr. Cross—the prisoner left me at the end of July, or the 1st Aug.—I discharged him—I saw him several times during the succeeding three, four, or five weeks—the last time I saw him might have been something like a week or ten days before the bill became due—I think it may have been the fore part of Nov., but I am not sure—I did not see him after this bill became due till I gave him into custody—that was on Tuesday, the 18th of last month, at Mr. Wilcox's dancing academy, in Westminster-bridge-road, about 10 o'clock in the evening—I had an officer with me, and Mr. Dresser—the prisoner spoke to me first—I simply nodded—he said, "You are a great stranger; I was just speaking about you, about an hour ago, to Mr. Hobbs, at the Institution of Civil Engineers"—I said I was sorry I had had occasion to speak about him within an hour, and that I had been looking for him about eighteen months, and had brought an officer to take charge of him"—he replied, "I know nothing about it," or something to that effect—the officer then stepped up, and said, "You are given into custody by this gentleman, on a charge of forgery"—he requested the officer to let him go home and state to his folks where he was, or that he was locked up for something, he did not know what—the officer told him he could not allow it—I took this bill, as a matter of course, in payment for the machine sold to Mr. Cross; and in my settlement with the prisoner, at the time I discharged him, I asked him if he knew the bill to be good, because he had taken it without any direct authority from me, unless I had known the bill to have been good—he said it was perfectly good; that the gentleman (Mr. Cross) had a large establishment, and also kept a public house there—I believe the body of the bill to be in the handwriting of the prisoner—I would not swear it, but that is my belief—I cannot say that I have any belief as to the acceptance—it seems to be in a different handwriting.

Cross-examined by MR. FRANCIS? Q. You say you believe the body of the bill to be in the prisoner's handwriting? A. I do—it is not at all like his ordinary writing—I believe it to be slightly disguised—it has something of the appearance of his ordinary writing to my mind—I have seen him write very many times—he kept my books for a long time—I arrived at that opinion after looking at the bill at the Mansion House—I had seen it before, but not to pay any attention to it—my attention was not particularly called to it till then—at the time I received it it did not strike me, because I really paid no attention to the writing—it was not till after the charge was made that I began to criticize it at all—it was not returned to me dishonoured, it was returned to the bank—I did not see it afterwards—I do not know that I ever saw the bill from the time I paid it into the bank till it was shown to me at the Mansion House—I cannot say that I never did see it, because in transacting my business with the bank I have often had bills brought to me that have been returned when I have been in to pay the amount—but I very seldom take a bill out of the bank—the banker keeps

them until the end of the year, or whenever I call for them—I hare several thousand pounds in that way now which hare been paid, and some not—I do not know that I went to the bank to make inquiries about it when I was told it was a forgery—I made inquiries about it by letter—I did not see the bill at that time, I was in London—I did not have the bill sent up to me, it remained in the banker's hands, and the banker delivered it at the Mansion House—I cannot tell the day I received it—it was some time between 18th July and 1st Aug.—I received it in a letter from Mr. Dresser, I believe—I keep a bill book, it is at Manchester—I have not thought it necessary to bring it here—I generally enter all bills in my bill book—that bill was entered—I have not been to Manchester since the examination at the Mansion House—I have been in communication with several parties at Manchester—I suppose I have a business there—I cannot say what business is doing—I keep a place, for which I am paying 130l. a year rent—it is about a fortnight since I was examined at the Mansion House—the letter in which the bill was enclosed is at Manchester, if it is in existence—I have been asked before where that letter was, and I made a statement—I have not caused any search to be made for it—I thought it was not necessary, as the writer of the letter was present—the prisoner came into my service about February, 1854—I cannot state the day without referring to my books, those books are at Manchester—he came for 30. a week salary—I think for the first day or two I made a bargain with him to give him a less sum, and a small commission upon what business he could do—I cannot say what the commission was, without referring; but subsequently we arranged it at 30s. a week, in lien of the commission—he was bookkeeper and salesman—he left before the middle of Aug.—that was after I had received this bill—I kept an account with the bank, the bill was discounted for me there, it was paid in to my account, and I had credit for it in the ordinary way, leas discount—the conversation I have related with the prisoner was after my return from Manchester, before he left—I cannot say whether I remained at Manchester three or four days or a week after I received the bill, but it was a very short time, and this conversation occurred immediately after my return to London—I told him 1 had received a bill accepted by Mr. Cross, and asked him if it was good—I believe he did sell a sewing machine to Mr. Cross—I believe Mr. Cross to be a very respectable man—the prisoner was only instructed or authorised to stop at Plymouth a week—I received letters from him repeatedly while he was there, I think up to within a few days of his return, which was about 19th or 20th July—he had been absent about four weeks—I had recalled him by letter when he had been there a little over his time, I think a letter was written by Mr. Dresser for me—that was before I went to Manchester—there was a reply to that letter—I do not know that while the prisoner was at Plymouth, he was engaged in endeavouring to sell my machines—several machines have not been sold there on my account or for me—I am a merchant for the sale of these machines—I also sell gas regulators, and a variety of things—Mr. Dresser is at present working for a Mr. Wandsworth, selling sewing machines, but he is also travelling soliciting orders for me for gas regulators and sewing machines—I have never had a partner that I am aware of—I do not know that I have had a partner since I have been in England—Mr. Dresser never was my partner nor Mr. Harris—I have never done business in the name of Judkins and Co., in England, or Dresser and Co., never in any name but my own—Mr. Dresser baa been engaged in the sale of sewing machines—I sold him some, the same as other persons, and I let my place at No. 2, Lawrence

lane, to Mr. Dresser, and took premises at No. 23, Cannon-street West we were not both carrying on the same business there at the same time—I have sold him machines, and I may have borrowed some back from him, if I was out of them; if I did I always paid for them, or returned them in kind—there have been a good many monetary transactions between me and Mr. Dresser at different times, all the way through, he owed me money at the time I received this bill, and so he has a great deal of the time since he has been in this country—I never pressed him for payment—he has accepted bills for me, not for my accommodation, but to cover the amount he owed me, in payment for the machines—I do not recollect that I was receiving bills with his acceptance about this time, I might and I might not—my circumstances were not very flourishing at that time; they were not bad—I have had the misfortune to become bankrupt about twelve months after the prisoner left me; I wonder I had not sooner—I discharged him for improper conduct, I swear that—there was no difference between us, or any ill feeling that I was aware of when I discharged him—I talked to him as I would to a brother, I was sorry he had kept bad company, and hoped he would try to redeem himself—there was no lady in the case that I know of—I do not know that he ever alluded to a lady to me, except on one or two evenings, when he asked me to let him go earlier, as he wanted to take his wife to the Panopticon, or some place of amusement, which I always allowed him to do—there was never any quarrel between us as to that matter, I swear that—I never spoke to his wife twice before he left me—I have been connected a good deal with bills of exchange—I do not know that I have discounted bills for other parties—I know Mr. Chandler—I never took bills from him to get discounted—my bankers hold his dishonoured bilk for 200l.—they were bills given to me to get discounted by Mr. Paul, he wanted me to take them to my bank, to see if they would discount them, and gave very respectable reference to Mr. Chandler, describing him as a merchant in a large way of business, and a very respectable man—to oblige him I said I would take the reference and forward the bills to the bank, and if they were willing to do them upon the reference, I would get them done—I sent them to my bankers aft Manchester, bat before I had any reply, Mr. Paul wanted to purchase thirty sewing machines from me; I agreed if he took the thirty, fee should have them at 20l. each; he had then made an arrangement with Mr. Dresser, to carry on business as A. P. Dresser and Co.—Mr. Chandler was to be partner with them, and was to furnish some money, so Mr. Paul said, and those bills then went as a setoff for ten machines that were then delivered, and that was all the payment I had for the machines—I afterwards delivered machines to that firm to a large amount, and I believe there is a large balance due besides those bills that lie dishonoured—the bills are indorsed by Mr. Paul—I know that the machines were traced into the possession of Mr. Chandler after Dresser and Co. gave up business at Broad-street-buildings—I do not know who finally had the proceeds of them or anything about them—since the prisoner's committal, his wife has called upon me—I have not since the committal made an offer to retire from the prosecution, if the prisoner could pay me 40l.—I swear that, not at any time—I did not know where the prisoner was, until I gave him in charge; but I frequently heard that he was in France—Mr. Dresser informed me that he had met him in the street two, three, or four weeks before—he did not tell me that he had given him his address—I asked him if he thought he could find out where he was, and I have been on the look out for him since, I had no reason to doubt that he was in Paris at

the Exhibition—I did not know that he was honorary secretary to the British exhibitors there.

MR. PARRY. Q. Did you know anything about him at Paris? A. I heard that he was in Paris, and that he was in and out of the Exhibition—I do not know that he held any office there—I did not go to Paris, on account of the expense—I know nothing of my own knowledge of his character at Paris—I have heard that he was discharged from the first situation that he went into—I have had various dealings with parties in endeavouring to push the sale of my invention, and I have owned patents jointly with other parties—there have been deeds drawn up between us in all cases, in which it was expressed that we should not be partners in any way—I am by birth a citizen of the United States—I do not understand what the law of partnership may be here, but I understand that a division of profits constitutes partnership—I had discharged the prisoner's predecessor for dishonesty, and he knew it, and that he had made false entries in my books, and been drinking instead of attending to my business; and I found that the prisoner formed a very intimate attachment to him—I talked to him about it, and hoped he would keep better company in future—that was the reason I discharged him—I have never received one farthing from the prisoner as having been paid to him by Mr. Cross—this bill was the only thing I had in payment of the machine from him, or from any one.

MR. FRANCIS, Q. Did he not tell you that he had received 10l.? A. He never told me that he had received anything, and I did not know it until the bill was dishonoured—I did not suppose that he had received a penny towards it—5l. was not all he received for his expenses at Plymouth—I lent him 3l. 10s. afterwards, as he told me the bailiffs were in his house, and his wife in great distress—I settled his expenses with him after he came back—I cannot recollect the exact amount I paid him—it was not much, because he was usually in advance of his wages.

MR. PARRY. Q. Did you receive this letter signed by him? A. Yes; it is his handwriting, addressed to Mr. Dresser—(read;"Globe, Plymouth, July 16th, 1854. Dear Sir: I received yours this morning, having been posted too late on Friday. I should have come up on Saturday, but a good bargain I have in view, suggested my remaining until Monday, when I hope to do something very beneficial to all of us. Excuse haste, I am only just in time for post.")

ALBION PARIS DRESSER . I am at present a traveller for Mr. Judkins; I was in business for myself as a merchant. I remember the prisoner being in the employment of Mr. Judkins—I knew him from about 1st June, 1854, as Mr. Judkins's bookkeeper—I remember his going down to Plymouth with one of the sewing machines—I was at that time acting for Mr. Judkins in London, attending to his business during his absence—I received this letter of 16th July, from the prisoner while he was at Plymouth, in answer to one that I had written to him—he afterwards came to town, and I saw him—I told him that Mr. Judkins had requested me to receive the amount he had received, and forward it to him at Manchester, and he presented me with this bill of exchange, purporting to be accepted by Mr. Cross, of Plymouth—he said that Mr. Judkins had instructed him to receive good paper in case he could not get the money, and he had received this for the sewing machine—I forwarded it to Mr. Judkins, at Manchester, in an envelope—I saw the prisoner, I may say, every day until about the last of Aug., after which I saw him frequently until some time in Oct.—I did not see him then until about six or eight weeks ago, when I met him

on this side Blackfriars-bridge—I spoke to him and asked what he was doing, or what he had been doing—he said he had been at Paris—I said nothing to him about the forged bill—he gave me a circular, where his name appeared as honorary secretary of the Paris Exhibition, where he said his address was in London I cannot say, but he gave it me—I informed Mr. Judkins of having met him—I cannot say whether I told Mr. Judkins the Address the prisoner gave me or not; I think not.

Cross-examined. Q. You are quite clear that he gave you his address when you met him? A. He did, I communicated to Mr. Judkins that same day that I had met him—I do not know whether I told him that the prisoner had given me his address; I believe not, but I am not sure—I knew at this time that the bill was said to be forged—I think it was four or five weeks before he was taken into custody that I met him—I was not particularly anxious to find him, so far as I was concerned—I was then traveller for Mr. Judkins—I do not know whether Mr. Judkins made any effort to find him—I called on Mr. Judkins the evening the prisoner was taken, and he told me he had heard that he visited a dancing house near Westminster-bridge, and asked me to accompany him there, which I did—when the prisoner came back from Plymouth he told me that he had got this bill for 25l. for the machine—he said he had sold it for 25l. and had received this bill for it—I believe this to be the same bill—I never received but that one bill from him—I can swear the bill I received from him had Mr. Gross's name upon it, and was for 25l.—he gave it to me at No. 2, Lawrence-lane, I should think between 3 and 5 o'clock—no one else was present in the private office—he did not then, or at any other time, tell me that he had received 10l. on account of that machine—I swear most positively he did not tell me that he had received 10l., that 5l. was to be paid in three months, and the rest was to be taken out of the amount of the commission; nothing of the kind—I did not know that Mr. Cross was to receive a commission upon the sale of machines I wrote three or lour letters to the prisoner while he was at Plymouth—I am not aware that other machines have been sold there—I hare not sent any there—I did not make a copy of the letters that I sent the bill in—I posted the letter myself in company with the prisoner—I have no books here—I do not know whether Mr. Judkins has a letter book—I believe he had at that time—it was not my business to enter any letters I sent—I was not employed by Mr. Judkins beyond looking after his business, I had business of my own as well—Mr. Judkins has never told me that there were unsettled accounts between the prisoner and himself—I cannot fix the date at which I sent this bill, I think it was about 20th July—I believe I owed Mr. Judkins money at that time, I have owed him money several timeshe was not pressing me for payment—I was not giving him my acceptances at that time—I have given him my acceptance—I have been a witness before—I do not know that the jury were not disposed to believe me, they did not tell me go—the Judge did not ask the jury, nor did they say in my presence that they could not believe me—the first time I saw the prisoner on the day he delivered the bill to me, was, I think, about 11 o'clock, from 10 to 12 o'clock—he was there nearly all day—'there was not much business done, but he was there in the office with me—I cannot swear to the handwriting of the hill, I think if it is Mr. Stout's, it is disguised—the acceptance does not look to me to be the same handwriting—I cannot say whether it is or not.

MR. PARRY. Q. Have you any belief as to the handwriting of the body of the bill? A. I believe it to be Mr. Stout's disguised—it has something of the appearance of his handwriting, and yet it is not his natural hand-writing

writing—I have accepted bills for Mr. Judkins—they were for sewing machines which I had from him—I was not told by a jury that they could not believe me—there was a witness in the same case named Kendall, I believe they told him they could not believe him.

BENJAMIN CROCKER CROSS . I am a tailor and outfitter at Millbay, Plymouth. In July, 1854, I bought a sewing machine of the prisoner—I should think it was about the 14th July—it was to be sold for 30l.—I am quite sure it was not earlier than the 14th, he had called at my establishment before, but had not seen me—I think the day on which he sold me the machine was about the 17th—he told me that the selling price of the machine was 30l.—he called two or three times, I objected to purchasing at first, but he held out certain inducements—he stated that they wanted an agent for the West of England, and if I took that agency he would allow me 5l. on each machine sold—I still refused, having previously been offered a machine of the same make for 15l.—he said if I would give him 20l. for it he would sell it—I afterwards said if he would sell it for 25l. with the commission off I would give him 15l. in cash, and the two first commissions when two were sold in the district—he agreed to those terms—at the same time I bought of him a gas regulator for 2l. 15s. nett—I gave him this cheque (produced) for 11l. 15s., that was 10l. in part payment of the machine and 1l. 15s.; with a sovereign that I gave him for the gas regulator—these are the receipts he gave me on 17th July—he represented himself as coming from Mr. Judkins, of London; I knew that, by the machine being sent to a public exhibition—(The papers were here read, receipted by the prisoner)—I saw the prisoner again on 18th October, 1854, at my house at Plymouth—he had not up to that time sent me any gas regulator—I paid him 2l. 5s. in cash, which made up the 15l. for the sewing machine—this is the receipt he gave me—that balanced the transaction—the 2l. 15s. that I had paid him for the gas regulator was to go towards the sewing machine—the acceptance to this bill is not in my handwriting, nor the body—I never knew or heard anything of this bill until it was presented to me for payment—it is a forgery—I never authorised any one to draw a bill upon me.

Cross-examined. Q. All you actually gave for this machine was 15l.? A. Yes, in cash—I am in a large way of business—I constantly have bill transactions—they vary in amount from 200l. or 300l. down to 25l. or 30l.—25l. is not at all an unusual amount—I carry on business as "Cross & Co."—I have no partner—I am not a great deal in the business; for some hours in the day, not wholly; I have a responsible managing man—in my absence he takes a responsible part in the business—I never saw this bill till I saw it at the Mansion House—I always sign my name B. C. Cross, not Cross & Co.

MR. PARRY. Q. What is your responsible man? A. A foreman—I pay him wages, 30s. a week—I never authorise him to accept bills for me—this bill is not at all like his writing; he never pays any bills of any amount for me.

COURT. Q. What passed when the prisoner came to you in October? A. He told me that he had left Mr. Judkins and taken a certain amount of sewing machines out of the firm for his part of the capital that was put in it—he represented himself as one of the firm; he said he had been one of the firm, and they had dissolved partnership, and he was going on by himself—he did not say why he came to receive this money, I thought he was authorised to come down and settle all the affairs, as is usual—he did not say so.

MR. PARRY to MR. DRESSER. Q. When the prisoner returned to town did he say anything to you about having sold a gas regulating machine? A. Some days after he did, from the fact of having received a letter from Mr. Cross as to the machine, in which he stated that he had not heard of the gas regulator—the prisoner said he had sold him one, but had not received the money for it—I told him I had received a letter from Mr. Cross; the letter was addressed to the Sewing Machine Company, and I opened it—when he gave me the bill he said he had received it from Mr. Cross.

MR. FRANCIS. Q. Did not he say it was on account of the machine? A. He said it was for the sewing machine that he had sold to Mr. Cross—he said he had sold the sewing machine to Mr. Cross for 25l. and received this in payment for the same of Mr. Cross—he did not mention the regulating machine then—perhaps it was a week after that I spoke to him about it—I showed him Mr. Cross's letter—the letter did not state that the gas regulator was paid for.

HENRY DYER . I am the prisoner's brother-in-law. I remember his returning to town from Plymouth in July, 1854—I saw him the day after his return, it was somewhere about the 20th—I am not positive as to the date—I met him accidentally—I said to him, "You are come back at last, then t"after being away for three weeks, or a month, leaving his wife in a most anxious state—he pulled a bill of exchange out of his pocket, and said, "I received this bill for the sewing machine"—I said to him, "Will you go and have a glass of ale?"—he said, "Yes, T do not mind if I do, but I have no money in my pocket;"and I took him into a public house at the corner of Bath-street, City-road, and gave him a glass of stout.

Cross-examined. Q. When were you spoken to about this matter? A. I was not spoken to—I saw the account in the paper, and I went to Mr. Judkins's warehouse—the prisoner showed me the bill—I read the words, "Four months after date," and no more—it was for 25l.—I am quite sure of that—I do not know whether it had the drawer's name to it, he held it between the two lines, and I never took it out of his hand—the prisoner married my wife's sister—he never told me that Mr. Judkins owed him money, nor that he could never get a settlement with him—he did not mention Mr. Cross's name—he said the bill was for a sewing machine—he never had any sewing machines on his own account—it was in Bath-street, City-road, that I met him, about half past 10 or 11 o'clock in the morning—it was the day after he came from Plymouth.

MR. PARRY. Q. Did he say he had had this bill for a sewing machine that he had sold there for Mr. Judkins? A. Yes.

ALBION PARIS DRESSER re-examined. At the time I received the bill from him, it had no drawer's name on it; it was in blank.

GUILTY of uttering. Aged 26.— Transported for Fourteen Years.

(It was stated on the part of the Prosecution that the prisoner had been previously convicted of embezzlement, and imprisoned for twelve months; and that he had got into the prosecutor's employment by means of a false character, he having been discharged from a former situation for dishonesty.)

471. JOSEPH HOPKINS and JOHN STEWART , feloniously breaking and entering the dwelling house of John Wallen, and stealing therein 32 pieces of velvet, and other goods, value 400l.; the property of Robert Marshall—2nd COUNT, feloniously receiving the same.

MESSRS. BALLANTINE and LEWIS conducted the Prosecution.

ROBERT MARSHALL . I am a silk manufacturer, and carry on business at

No. 11, Spital-square—my warehouses are on the ground floor of that house—the upper part of the house is occupied by Mr. John Wallen—when you enter the house, you first go into a hall—on each side the hall there are two rooms on the ground floor, and an inner door which communicates with the house, but that is only opened when you knock or ring—the street door is open, I do not keep the key of that—the two side doors inside the hall lead into my warehouse—I was in the habit of going out about 1 o'clock in the day, and remaining about three quarters of an hour—there might have been one or two exceptions, but, as a role, I may say I did that every day—on 20th Feb. I left my warehouse about that time, leaving there a quantity of velvets and black silks—I returned at 2 o'clock, after being absent half an hour—I found thirty-two pieces of velvet gone, and tea pieces of silk, three pieces of which had been sold, and were wrapped up in paper, and left on the counter—they were perfectly safe when I left—when I came back I had some difficulty in opening my door—there were no marks of violence—I lost upwards of 400l. worth of property—I have not recovered any portion of it—the premises are in the liberty of Norton Folgate.

Cross-examined by MR. RIBTON (for Hopkins) Q. What sized house is this? A. I do not know exactly the number of rooms, I think there are about twelve—Mr. Wallen's family occupy the upper part of the house, and the lower part also—I rent the parlours from him—Mr. Wallen is an architect—there is only that one family living in the house—there is one servant—there are no clerks—I do not know whether Mr. Wallen is exactly out of business, but he is a great invalid, and not able to attend to his business—he has several daughters, but only one I believe resides at home; others are at home occasionally—he has a son who does not live in the house—I consider that he does no business now, on account of the state of his health—he has no assistants or apprentices—I have no clerks—I have a little boy who comes early in the morning to sweep the warehouse, light the fire, and do various little things—I attend to the whole business myself, I have no one to assist me—I send out things by a man, who makes it his trade to carry for warehouses in the neighbourhood, and who comes in at stated times; generally about 10 o'clock in the morning, to ask if I have any goods to go out—he had come in that morning—I had not told him to come again—he does come again about half past 12 o'clock, or a quarter to 1—he had come that day at a little past 1 o'clock, and asked if there was any thing to be sent out—I told him to wait, I was then making up the three pieces that I had sold—ho said he was going a little farther, and he would call again—I told him to come in at 2 o'clock, was he did come in at 2 o'clock, just as I was in the act of trying to open the door—I have employed him in that way for about twelve months—I da not know that he knew my habit of going out between 1 and 2 o'clock, because he has generally come in at about a quarter to 1 o'clock, before I went out—I do not know whether my habit of going out was known in the neighbourhood, I did not publish it—I do not know whether that man knew it or not—his name is Davis—he is not here—the street door is left open—my warehouse is on each side of the hall—I am in the habit of locking both doors with the same key—when I go away at night I always take the keys with me—I have been there eighteen or twenty months—the boy generally goes away about 11 o'clock, and does not return, as I have nothing further for him to do.

Cross-examined by MR. LAWRENCE (for Stewart) Q. In what state did

you find the place when you returned? A. The velvets are kept in boxes—they were taken out, and the boxes placed on the floor helter skelter—I had been sewing some of those velvets that very morning—they were each in different boxes of about the same size—every piece of velvet is made to be about the same size, generally speaking—with silk it depends on the fabric; they vary—every piece of the same fabric would be made of about the same number of yards.

THOMAS LKVESQUE . I am warehouseman to Mr. Thomas Kemp, a silk manufacturer in Spital-square. Our warehouse is nearly opposite Mr. Marshall's—on 20th Feb., about ten minutes to 2 o'clock, I was coming out of Mr. Kemp's premises, and saw two men come from the private door of Mr. Marshall's premises—I mean the street door, the front door—I did not see them come out of either of the warehouse doors inside—etch man had a black bag on his back containing something about a yard long, and twenty inches wide, as if they were velvets—the bags were similar to an old clothesman's bag, only new and glazed—they looked full—I watched the movements of those men—they turned towards White Lion-street, walking one behind the other—they walked across White Lion-street out of the square, and went towards Elder-street—there was a cart in Elder-street, about a dozen yards round the corner, with a man in it—the parties put the bags into that cart—they did not get in themselves—it was a dirty cart, of a greenish shade, I think—a spring cart—it had no covering—it was an open cart—Elder-street is very nearly opposite Spital-square, within a few yards—I saw the two men leave the cart—they turned round to the square again, turned out of Elder-street into White Lion-street, and that was all I saw of them—I did not see where they went to—I then went to dine—I left the cart still standing there, as if waiting for the parties to come back—I did not see it go away.

Cross-examined by MR. RIBTON. Q. The cart was some distance down Elder-street? A. About a dozen yards—I was about that distance from it when I saw the men go up to it—I passed down Elder-street close to the cart—that was how I saw the colour of it—I passed it before the bags were put in—I was walking on one side of the square when the two men were on the other side, and I turned into Elder-street first, and then I turned round and saw. what I have stated—I had a full view of the cart—I passed within a yard or a yard and a half of it—it was standing close to the kerb—I had got about a dozen yards past H when I turned round, and saw the parcels put into it—I had a friend with me, and we were both looking at it—his name is Thomas Godfrey—he is not here—he saw the men as well as me—I cannot say whether he saw them in Spital-square—I named it to him in Elder-street, or White Lion-street—I said, I did not like the appearance of the way in which the parcels were brought out in black bags—I drew his attention to the men—he had a full opportunity of teeing then—he saw the cart as he passed it, and the man in it—he had not so good an opportunity of seeing him as I had—I had a full opportunity of seeing him, both in passing the cart and when. I turned round and saw the parcels put in—I did not know of Mr. Marshall's habit of going out between 1 and 2 o'clock—I work opposite, at Mr. Kemp s—there are three persons in Mr. Kemp's employment besides his sons, and himself—I do not think any of them knew that Mr. Marshall was in the habit of going out between 1 and 2 o'clock—I know this was on 20th Feb., because when I came back from dinner I was told that Mr. Marshall bad been robbed—I do not see many persons go in and out at Mr. Marshall's, for when I go to my work of a

morning, I do not come out till dinner time—I have seen one or two standing about the door, weavers I should suppose they were.

Cross-examined by MR. LAWRENCE. Q. Between 1 and 2 o'clock is the common dinner time in your business, is it not? A. We have no rule, it is according as business lets us go—that is about the usual time.

COURT. Q. You say you had the opportunity of seeing the man in the cart? A. Yes, I saw his face, but I cannot recognise him—I do not think it was either of the prisoners, it was a taller man than either of them—I should say Hopkins is about five feet four or five or six—the person in the cart was sitting down when I passed it—he eased the goods down in the cart when the parties pitched them in—he was standing when he eased the goods down.

JOHN JAMES . I am a journeyman silk dyer, and work at Mr. Hendry's, in Blossom-street. I recollect in Feb. last seeing a cart in White Lion-street, coming from Norton Folgate—Hopkins was in it—I can speak positively to him—I used to see him frequently in White Lion-street, between 1 and 2 o'clock in the afternoon—the cart was coming from Norton Folgate in White Lion-street, and turned into Blossom-street—he was sitting in the cart—he went gently on until he came to Fleur-de-lisstreet; he then turned towards Elder-street, and I saw no more of him that day—it was on Wednesday, 20th Feb.—I heard of the robbery the same afternoon—Blossom-street is not the direct line to Elder-street—there is about a stone's throw between Blossom-street and Elder-street—since I was before the Magistrate I have stepped it, and made it seventy-six yards or steps—Blossom-street is not the shortest way to Elder-street from White Lion-street, the nearest way is along White Lion-street—I saw him turning into Fleur-de-lis-street, but I did not see him further—if he was going to place his cart within twelve yards of the bottom of Elder-street, he would be going round, and not the nearest way.

COURT. Q. Had you known Hopkins before, except seeing him about in the street, as you say? A. I saw him upwards of three weeks previous to the robbery, in White Lion-street—I had no acquaintance with him—I did not know his name—I only knew him by seeing him standing here and there in the street at different times, and sometimes he was standing talking with a man, as I was going to my dinner—it was about 5 or 6 minutes past 1 o'clock in the afternoon that I saw him on 20th Fob—I know that, because it was the time I was going home to my dinner from my work—it was a sort of dirty looking cart, something of a darkish greenish dirty looking cart, and a brown, middle-sized horse, rather a poor looking one.

Cross-examined by MR. RIBTON. Q. Do you know Bowles? A. Yes—I think I was present when he was examined before the Magistrate, but I could not hear distinctly what he was saying—I have not been talking to him about this transaction—he spoke to me first of all—he noticed Hopkins in White Lion-street before I did—he spoke to me about it, about three weeks previous to the robbery—since the robbery I have spoken to Bowles about it, in the dye house—I was speaking to him about it on the 20th, in the afternoon—he told me he had seen a cart—he did not tell me the colour of it, nor did I tell him—to-day is the first time I have said a word about it—I was not asked before—I have not been speaking to Bowles about it to-day.

MR. LEWIS. Q. I suppose the robbery was the common talk of the neighbourhood? A. Yes, I heard talk of it many a time.

COURT. Q. How near did the man pass you in the cart that day? A. I

was close to him, close to the side of the cart as he was turning round from White Lion-street into Blossom-street—the pavement is very narrow there—I saw his face—I have not the least doubt that Hopkins is the man.

THOMAS BOWLES . I am a fellow workman of James—I know both the prisoners, but one of them I have only seen once, that is Stewart—I was in the habit of seeing Hopkins at about 1 o'clock in the day, in White Lion-street—I have seen him there for four or five weeks, I should say a score of times or upwards, about the same time of day—the last time I saw him was on 20th Feb., the day of the robbery—he was riding in a cart—it was about 2 o'clock—the cart was loaded—he was alone in it—he was driving into White Lion-street from Elder-street—I saw two men near the cart; Stewart is one of them—he was in the road—I saw those two men, I should say, for about a minute—the cart was going at the rate of from ten to twelve miles an hour—I first saw it in Elder-street—it was then standing from ten to twelve yards from the corner—it was there that I saw Stewart talking to Hopkins—the cart then drove off—Hopkins drove the cart.

Cross-examined by MR. LAWRENCE. Q. Do you say that you saw Stewart talking to him? A. Yes—I know it was Stewart, because I had a good, fair look at him—I am not troubled with bad eyesight—I never left my employment because of my bad eyesight—I am working now as a dyer, and have been for upwards of twenty years—I have never left off through my eyesight, only when I have done my duly labour—I have never been obliged to cease my employment for any reason whatever—I am still a dyer—I never saw Stewart only on that day—when I was first asked about this matter, I did not say I believed it was Stewart, but was not certain—I said there was another man talking to him at the side of the cart; and when my evidence came to be read over, they put it down, "a man," as I was not in possession of either of their names—I never said that I only believed Stewart was the man—I did not see him again till he was before the Magistrate—I do not know of any reward being offered for the discovery of this robbery—I have heard it talked of—I have heard them say it was 150l.

COURT. Q. How near were you to the cart when you saw Hopkins and the other man by him? A. At the corner of the very street, within ten or twelve yards—it was a very dirty cart, a spring cart—it had been a green, but most of the colour was gone—when I saw Hopkins talking to the other man, he was standing still—the cart had not started—when it did start, he ran after it, a little way behind it—he went up White Lion-street—the cart went to the top of White Lion-street, and turned out at the top of Norton Folgate—I had not occasion to go so far—I went down Blossom-street, and lost sight of them—Stewart had turned into Norton Folgate before I went into Blossom-street—the prisoners are the two men, I am positive; I have no doubt at all about it—I could not see what was in the cart—there appeared to be a quantity of things in it, but they were covered over with a white bag, or a white cloth—I had observed Hopkins frequently before—I had not mentioned it to anybody—I think I have mentioned it once or twice in the shop, that I had seen a man hanging about the streets—I am almost positive I have mentioned it—I will not pretend to say whether I have done so in James's presence—I mentioned it among the workmen in the shop.

ROBERT DYE . I am a livery stable keeper, in White Lion-street, Norton Folgate. I can see the prosecutor's premises from my house—I know both the prisoners, by seeing them frequently about my premises, not together, but I have seen both frequently; Hopkins for about three weeks previous

to the robbery, between 1 and 2 o'clock in the afternoon—I did not see Hopkins on the day of the robbery—I saw Stewart that day, opposite my premises, and also the day before—he was in White Lion-street, between 1 and 2 o'clock, on both days—on the 20th he was walking to and fro opposite my house and gateway, which looks opposite the square.

Cross-examined by MR. LAWRENCE. Q. You speak of Stewart by name now; had you known his name before you heard of this transaction? A. No, not till I went to identify him—I know it was on the 20th that I saw him walking to and fro, because I heard of the robbery the same afternoon, and I was about my premises particularly that day, and noticed him—I saw him from my counting house window, which looks up the square—there is a blind to that window—I might have to raise myself a little to look over it.

COURT. Q. From where you saw Stewart walking backwards and forwards, could he see the door of Mr. Marshall's house? A. Yes—I can see it from my counting house.

Q. Look steadily at those men, and do not be in a hurry to answer; what do you say? A. They are the two—I hare no doubt—when I went to see them at the police office, one was walking about, and the other was sitting down—there were no other persons there but policemen—I was told that these two persons were taken for the robbery, and asked whether I could identify them—it was at Spital-square station.

JONATHAN WHICHER . I am a detective officer of the Metropolitan Police. On Monday, 25th Feb., I was in company with sergeant Jackson in the Kingsland-road, and met the two prisoners together—we followed them; we were in plain clothes; we followed them some distance down the Kingsland-road—I then stopped Hopkins, and said, "Pray, what is your name?"—he said, "My name? why?"—I said, "I wish to know"—he said, "I shall not tell you"—I said, "Where do you live?"—he said, "I shall not tell you"—I said, "I am a police officer, and I have a motive in asking you"—he said, "I shall not tell you, but Mrs. Welsh knows my name very well"—there is a Mrs. Welsh who keeps a low public house in the neighbourhood—I said, "Then if you refuse to give me your name and address, you must go with me"—he said, "Very well,"and I took him to the station house in Spital-square; and after the witnesses Bowles, Dye, and James had seen them, they were charged with this offence—Jackson took charge of Stewart—he stood close by during this conversation, but said nothing—they both refused their address at the station, to the acting inspector, in my presence—they each said they should not give their address—I searched Hopkins, and found on him a silver watch and 15s. 9 1/2 d., nothing relating to the charge.

COURT. Q. Were there any other prisoners at the station when Dye, James, and Bowles saw them there? A. No other men; there was a drunken woman—we always do mix persons with other prisoners when they are to be identified, but there were no others there on this occasion—it is generally done.

HENRY JACKSON (police-sergeant 11 H). I was with Whicher on 25th Feb. in the Kingsland-road, and took the prisoners into custody—I left then at the station and was away for absent an hour and a half—in consequence of a communication made to me on my return by Farrell, a constable in whose custody they were left, I went to the watercloset; I searched the pan, and in it found a quantity of small pieces of paper—these are them (produced)—they were taken out of the pan and given to Mr. Marshall—he was present when they were taken out—he said he would take them home and paste

them together, he took them away with him—next morning, I think he showed them to me pasted on this board—I received it at his house—I had examined the papers that I found, the evening before—they were not soiled in any way, some of them were wet—I can speak to some of these papers as being the same 1 found in the pan, they are like what I found, they have similar figures as them—water cannot be let into the pan from the cell, it is turned on from outside—a person who uses the pan cannot empty it—that is done, on purpose, for precaution—a person using the pan can throw anything into it, but cannot pass it below.

Cross-examined by MR. LAWRENCE. Q. When were these pasted on the board? A. I believe the same afternoon; I can speak to their identity by the particular figures on them, which we made observation upon at the time we took them out and wiped them.

COURT. Q. Were you with Whicher when these men were asked their addresses? A. Yes, Whicher asked Hopkins his address when he took him, and he refused to give either his name or address, and so did Stewart to me.

WILLIAM FARRELL (policeman). On 25th Feb. I was on duty at the Spitalfields-station—the prisoners were brought there and left in my charge—Stewart asked to be allowed to go to the water closet—I granted that request—he was there about five minutes, I did not follow him, I stood at the reserve room door where I could see the cell door—I heard him tear up some paper—I communicated that to sergeant Jackson, and afterwards went with him into the cell and picked out these pieces of paper from the pan.

Cross-examined by MR. LAWRENCE. Q. This is an ordinary cell in which prisoners are received? A. Yes, there are three cells, this was No. 2 cell—there is a water closet to each cell.

COURT. Q. Row soon after he had left it did you go in? A. About a quarter of an hour—no other person had used it in the mean time—I am sure of that—he did not appear to have used the pan in the ordinary way—I had not turned the water on, so that I should have been sure to have found it there.

MR. LAWRENCE. Q. There were other constables about, I suppose? A. There was no other constable there besides myself at that time—I had rinsed out the pans with water about half or a quarter of an hour before the prisoners came in—the people at the station never go into those water closets.

ROBERT MARSHALL re-examined. I received information on 25th Feb., and went to the station and received from sergeant Jackson some pieces of paper—I took them home and pasted them on another piece of paper, and matched them together—this is it—these are the pieces I pasted on—they are the same that I received from Jackson, and no others—these are every one that I received from him—I find marks on them—on one piece there is the word, "velvet"—it is on two pieces of paper which fit together, each piece contains part of the word—I also find some numbers on these pieces, they are compound numbers—I do not know how many pieces contain compound numbers—they correspond with the lengths that were on tickets attached to the pieces of velvet stolen—I can prove the lengths of the pieces of velvet stolen, and I have made a corresponding list with these numbers—I have my book here containing the numbers and lengths of the pieces—they were entered as they were brought in by the weaver, by myself—I began business at these premises in Sept 1854—I am able from this

book to tell what goods came in and when—I cannot tell what remained on the premises by this book, I should hare to take that from my stock taking last Christmas, and the entries in my day book—this book will not enable me to say what goods I had on 20th Feb.—it gives the widths and lengths of the pieces, and by my other books I could of course tell exactly what I have lost—I have done so—those other books are not here—the letters "dit" on these pieces of paper, I presume, mean "ditto"—there are no numbers here, only lengths—I can prove that I have lost pieces of velvet corresponding with these lengths—I prove that by my books—I have made out a list of what I lost—the books themselves would not prove it if they were here; it is a process of arithmetic; I should have to explain and make out the list in Court—I made an exact list of the goods I lost, from my books—I ascertained what had come in, and what I had sold, and then the missing were not sold—this is the extract I made (produced)—it is not that the books refreshed my memory and enabled me to speak from recollection, I speak from the books themselves, they prove it—I can speak from recollection to some particular numbers and lengths being in the warehouse shortly before the robbery, for instance, those I had shown to a customer that morning—there was one piece of velvet of 28 yards, and two pieces of 36 yards—lengths of velvet vary—that is so with all velvets—those three were peculiar numbers in themselves, being rather unusual lengths for velvet, velvets are generally made to come out of the loom at 31 yards—(it was stated that the figures 28 appeared on the pieces of paper, but not 36)—all the others that I lost I can swear to as being from 29 to 34 yards in length—that would be the case in almost any velvet warehouse—1005 yards is the exact quantity I lost—I am speaking from a calculation that I made; of course I cannot speak from memory—there were 32 pieces taken away, and the average length of them was 31 yards—that would make 992 yards; a few yards of extra length would make it up to 1005—I made the list out, and added it up very carefully several times, and made it 1005 yards—this paper is similar to that used for velvet wrappers—I do not know whether it is commonly used, I used it—I pasted these pieces of paper in this way at a friend's house, Mr. Beverly—he is in Court—I could not match the dates, and I thought them unimportant, so I pasted them on any way.

SOPHIA ELIZABETH WALLEN . I reside at No. 11, Spitalequare. Mr. Marshall rents the parlours of my father—I remember 20th Feb., no one left the part of the house in which we reside, on that day, with any black bags.

HOPKINS— GUILTY .** Aged 56.

STEWART— GUILTY .* Aged 36.— Five Years Penal Servitude.

(Hopkins was further charged with having been before convicted.)

JONATHAN WHICHER . I produce a certificate—(Read: "Central Criminal Court, Jan,) 1850, James Hughes, convicted of housebreaking, and transported for ten years")

JOSEPH METTAM . I was present at the trial—Hopkins is the man—I was the prosecutor in the case.

HOPKINS—GUILTY.— Transported for Fourteen Years.

THIRD COURT.—Friday, April 11th, 1856.

PRESENT—Sir HENRY MUGGERIDGE, Knt., Ald.; Mr. Ald. LAWRENCE; and MICHAEL PRENDERGAST, Esq.

Before Michael Prendergast, Esq., and the Seventh Jury.

472. JOHN BAILEY, RICHARD COVINGTON, FREDERICK MATTHEWS , and JOHN MASSEY , stealing 220lbs. weight of guano, value 1l., the goods of William Gibbs and others.

MR. ROBINSON conducted the Prosecution.

THOMAS CLARK (Thames police inspector). On 22nd Feb., about 1 o'clock in the morning, I was in a police galley on the river Thames, and while off Horselydown saw a boat, in which Matthews, Massey, and Covington ware—I saw them go ashore at George's-stairs, Horsleydown, and Massey carried a potato sack on his back, a three or four bushel sack—Massey lifted the bag on to Covington's back—I then rowed ashore, and followed all three into No. 1, Queen-street, Horselydown—Matthews was behind, and I asked him what those bags contained—he said they contained guano, "and if you go to Mr. Pillow you will find it is all right"—I then knocked at Bailey's door—Mrs. Bailey came, and I asked her if Mr. Bailey was in—she said that he was not—I did not see the bags in the house—I had seen two go in—after I spoke to Massey, Covington came up and spoke to him, and they all went away—I went away, and returned in about three quarters of an hour, knocked at the door, and Bailey came—I said "I want to speak to you, Bailey; you have got two bags of guano"—he said, "They are in the yard"—I said, "Will you let me look at the bags?"—he said, "I do not know whether it will be right; they are sweepings of three barges"—I said, "Can you tell me the barges'names?"—he said, "I do not know"—I said, "Can you tell me the veasel's names that they have gone away in?"—he said, "No"—I said, "Can you tell me who are the consignees for the guano?"—he hesitated and said, "Antony Gibbs I should not like you to go there, because it would give unnecessary trouble"—I left a constable to watch the premises, and proceeded to Antony Gibbs—I then went to Pillow's office, and found Bailey there (I had been there before)—I told him that I had been to Antony Gibbs—he said, "I think you have gone a very wrong way to work about it"—I then left Bailey and proceeded back again in half an hour to Pillow's office, and found Bailey there a second time—I told him that he must consider himself in custody on suspicion of stealing and concealing a quantity of guano—I then said to Pillow, "Where is your prentice?" meaning Matthews—Bailey said that he was on Fenning's wharf—I walked down with Bailey and saw the apprentice in a barge alongside Fenning's-wharf—I followed him ashore, and told him he must consider himself in my custody on suspicion of stealing a quantity of guano—he said nothing—I took him into custody, and afterwards took him to Bailey's house—I rowed him down in the galley to George's-stairs with Bailey—I left Matthews in the police galley in charge of a constable, and I and Bailey walked up to Bailey's house—Bailey knocked at the door, and he and I and the constable who I had left in charge of the premises, went into his house, and he said, "There are the two bags," pointing to two bags out of the kitchen window—I said, "Have you got any more guano?"—he made noreply—I looked through a broken window of the washhouse and saw five bags uncovered, which held about two bushels, or two and a half—I said to

Bailey, "You have got some more guano; how do you account for these?"—he said, "They are sweepings of six or seven months' accumulation, and they are my perquisites"—I said, "I shall have to take those as well as the others"—he said, "I do not think you are justified in doing so"—I then conveyed Matthews and Bailey to the station, and left a constable in charge of the house—I came back and found twenty-six bags in the wash-house and two tubs, containing together about one and a half cwt.—twenty-one of the bags were covered with a tarpaulin—the gross weight of all I found is twenty-eight cwt, or it may be a little more—I afterwards took Covington into custody—he said that he had only done as his foreman had told him, and he thought he was a very foolish man to have anything to do with the guano—Massey came to the station on the morning of the 23rd, and I took him—an analyzing chemist has samples of the guano.

Cross-examined by MR. BALLANTINE. Q. You have some samples? A. Not in my possession, there are some here—I have not one of the bags which I found in a complete state—I do not know whether guano is got from pigeon's places—Mr. Clark, Mr. Gibbs's manager, is here—Bailey was in the employ of a wharfinger, and behaved with perfect openness throughout the whole thing, he told me the truth—I found out that Mr. Gibbs was the consignee—I found out who his master was, and he gave me fall information—I have seen these barges going up and down the river—they carry from fifty to sixty tons—a great number go up and down at times.

JAMES CHRISTOPHER EVANS (Themes police superintendent). I produce a memorandum book found on Bailey, in my presence, by Clark—I saw it found, and it was handed immediately to me—I took samples out of every bag, and out of the two originally shown to me as well as the others—I was assisted by the inspector, who knew the bags—I took fair samples, and took them to Mr. Nesbitt.

COURT. Q. What do you mean by fair? A. Either I or one of the men dipped his hand in and brought up a handful.

JOHN CLARK . I am a clerk in the employ of Antony Gibbs and Co., they are agents to the Peruvian Government, and are the sole importers of guano—it comes over in bulk, and goes to the West India Docks, and is packed in bags—it is then ready to be sent out to the various persons who purchase it—it is delivered to the West India Dock Company for Messrs. Gibbs, and warehoused by the Company—Messrs. Pillow are the lightermen employed—I do not know the prisoners personally—I do not know Bailey at all—the Dock Company are furnished with bags—I do not know whether the lightermen are furnished with bags to put in any refuse or anything that may come out.

COURT. Q. Are you present? A. No, the guano is delivered originally to the Dock Company from the ships, they discharge the ships, and it is put on board barges, sometimes from the ship, and sometimes from the warehouse—I am present occasionally—I have never seen anything of that sort done by the prisoners.

MR. ROBINSON. Q. Some little dust may escape from the bags? A. Yes, but I cannot form any notion what quantity—I have seen the quantity found in the two bags, and should think that it could not be the dust that would escape legitimately from the bags; some of it is so large that it could not pass through the meshes of the bags—I have had experience in guano during this year—the value of it is 11l. per ton in large quantities—I have seen the whole quantity found, a portion of it appears damaged—I examined the two bags separately, there are sweepings mixed with it, I think.

COURT. Q. When you say it is damaged, you mean to say that it appears to be sweepings? A. Not the whole of the two bags—some of the bulk appears to be partially mixed with sweepings, but if it had been all sweepings it would not have presented the appearance that it did.

Cross-examined. Q. How long have you been in the employment of Mr. Gibbs? A. From the commencement of December last—I have had three or four months' experience—there are persons who have been in the employ for years—Mr. Gibbs is not here—what I call ordinary sweepings is what escapes from the natural interstices of the bags—there are instances of the bags breaking even in my short experience, and some portion of the good guano escaping—I have not got one of the bags here, and have not the means of showing the jury the nature of the covering which we put over the guano—they were produced before the Magistrate—the defence then was that these were sweepings, and that Mr. Bailey was justified in receiving them. (MR. ROBINSON stated that a bag had been sent for). I have not got any samples of the guano—it is supposed to come from an island off the coast of Peru—I cannot say how much of what is called guano, that is to say, the excrement of a bird, coming from an island in the neighbourhood of Peru, gets to the docks—we only trace it from the loading—we take it from time to time and then discharge it—I should say 20,000 tons a month are landed in the docks—it all comes to us—there are no private dealers except the Peruvian Government—I value the 30 cwt. found at 12l. or 13l. deducting 1l. per ton for dirt.

MR. ROBINSON. Q. You do make some deduction? A. Yes—in that calculation I do—the whole of the 20,000 tons is not lightered, nor any thing like it—only one lighterman is employed by us, that is Pillow—he has lightered 700 tone in Jan., about 1,100 in Feb., and nearly 2,000 in March.

MARTIN DEDRICK RUCKER . I am a ship broker, in London, and for twenty-two years up to 31st Dec., I was in the employ of Antony Gibbs and Sons—Mr. Clark took my place—I have had very considerable experience in guano from the commencement of its importation into England—I saw the two bags that were first found—almost directly they were found, they came to me as having had more experience than others—I looked at it, and did not think it was at all what might be called legitimate sweepings—there was not that mixture of dirt in it which would be swept up with it, if it had leaked through the bags.

COURT. Q. Have you any personal knowledge in the matter? A. For many years I was in the docks, and on board every ship that was at work for years almost every day to see what was going on, and have always protested against anything being called sweepings by any persons, and have tried the question at the Thames Police-office as to what was remaining in the ship after the Dock Company discharged it—I claimed the sweepings, and Mr. Yardley decided that we never lost the property in it, and there is a place at the West India Docks now where a person who has sweepings, on which he has expended labour, can dispose of it at a fair price—I am aware that there have been attempts to take guano under the name of sweepings—dishonesty goes on at all times—I do not believe that this went on all the time I was there—I have repeatedly paid bargemen for sweepings—the sweepings in many cases were given up—I have paid as much as 2l. at a time for the labour—there is an office in the West India Docks where the men who get the sweepings may apply and get the price of their labour

—it is on the south side of the export dock—I know instances of my own knowledge where the men have constantly brought the sweepings, and merely claimed the price of the sweepings—I have not known that done by Pillow—he was in Messrs. Gibbs' employment at the time I was there, and for about four years before I left.

COURT. Q. To your knowledge, Pillow being employed to lighter, the sweepings were never accounted for by his men? A. No, and yet we continued to employ him—I knew by other lightermen that sweepings were taken, and I did not follow up every individual case—there may be a shovelful of sweepings in a barge, which I should imagine would be thrown over the side, but it ought never to exceed a shovelful—in ships it comes in bulk, and in barges in bags—there are some sweepings on the dock premises—those are put into the place I mention, and there are some which are not on the dock premises, and which are taken to that place when brought back in the barges—I have known that to be done frequently, but not by Pillow—I thought the trifling quantity he had would not be reserved—he was the principal lighterman.

THOMAS PILLOW, SEN . I am a lighterman in an extensive way of business I employ a great many men, and have a great many barges—the prisoners were in my employ in Feb. last, and have been employed to take guano from the docks ever since the commencement of our engagement with Messrs. Gibbs about four years ago—they had no authority to my knowledge to take away any sweepings left in the barges—we were always glad to get rid of it, because it was very much in our way—if there were any sweepings left we were glad to get them overboard or anywhere else; we could not load rice, sugar, or other goods of that description in barges, which had just contained guano, we were glad to get rid of it and wash out the barges—the only way I know in which we got rid of sweepings was throwing them overboard—we have had sweepings brought ashore when there was a larger quantity than usual, we have waterside premises, and it has been put there, and there it is now—there may be half a ton or more of it, we have never taken any account of it, we have simply put it ashore to get it out of the way—it has been accumulating three or four years—I have not examined it—I think I know pretty well what guano is, the half ton is principally guano, and not dirt—our barges are kept very clean, and the escape through the bags would be genuine guano—the escape is, a bag bursting, or if it is thrown down the dust will come out and surround you in a moment—if there is a break in the bag by accident or design the dust will come out too—if there is a break, it is the lighterman's duty to make the bag as perfect as he can, and put it in again—if there was such a quantity out that he could not get it into the beg, it would be his duty to take care of it, and if there was an opportunity of putting it ashore at the docks, to do so; but I do not know that it was ever done—we never had any instructions—as a respectable lighterman, I should not sanction my man appropriating it to his own use.

Cross-examined. Q. Have you brought a bag here for us to look at? A. No, you would not like to have it here, the smell would be sufficient—they are made I think simply for one transit only, of a cheap material, they are not made to endure—after being used I should presume they are of no use whatever—the prisoners were in my employment; Bailey was at the head, the other three taking their orders from him; they are subordinate to him—the boy Matthews was an apprentice; it would be a dereliction on his part, if he did not obey Bailey's orders.

MR. ROBINSON. Q. Would it be his duty to obey an unlawful order of Bailey's? A. No, if he were to tell the boy to take a bag of guano from a barge or wharf, he would not be justified in obeying that.

COURT. Q. Have you ever given any general order, that in no ease were the men to apply to their own use anything that accidentally came out of the bags? A. We did not allow that they should appropriate any sweepings to themselves—if there was any amount we should expect it to be returned to us—sweepings, when barges are cleaned out, would be very naturally thrown overboard—we should not allow them to put it into something for their own use—we never gave instructions to our apprentices or the others, that if there was anything that they felt rather disposed to put into a bag than to throw overboard, that it would be stealing; it did not come into our minds to do so—we never gave any particular instructions about guano sweepings, we always considered it much in our way, and were glad to get rid of it; but there would be an objection if it went away by their putting it into bags for themselves; we should not tolerate such a thing; but we did not suspect that such practices were carried on—I have never heard the question raised—I have never heard Mr. Rueker's protestation against it, not to us, and never heard the question raised at the Thames Police Office, on all these points; never before this time—I have been four years in Messrs. Gibbs' employ, and do the whole of the lightering for that firm—they of course sell to other parties, who may have their own lightermen, but for their account we have the sole business in our hands; we have all the guano orders that they have to execute for parties on their own account—no other guano comes up into the river that I know of than Messrs. Gibbs, nor I think to Liverpool or other places; they are the sole parties—I believe there is none besides that brought by the Peruvian Government—there is a spurious article manufactured, which passes off for guano—there used to be another quality besides Peruvian, but I have not heard of any lately; it came from Macapoo; it is a very inferior article.

JOHN COLLETT NESBITT . I am a professor of chemistry, and am acquainted with the properties and nature of guano—twenty-eight samples have been submitted to me by Mr. Evans—(the samples delivered to the witness were here pointed out by Superintendent Evans)—I have examined these samples from the two bags, they are marked respectively "Covington" and "Matthews," these are both above the average quality; the average quantity of ammonia generally found in Peruvian guano, is 16, and this contained 16: 4: 4, and this marked "Covington" 16: 9: 4—I examined every one of these samples marked from 1 to 21 consecutively—I took a sample out of each bag and analysed the mixed sample, the average was 14 decimal 3-6 of ammonia—the result of my examination of the twenty-one is, that there is an amount of good guano, with some trifling amount of sweepings—I saw evidence of that in the existence of some fluffy matter which ought not to be in the genuine article—it is 11l. per ton—I should not deduct more than 15s. or 1l. per ton for depreciation in value, a depredation of less than one eleventh.

Cross-examined. Q. It is supposed to be the excrement of a bird, deposited on some island on the Peruvian coast? A. Yes—the quality serviceable for agriculture is ammonia, and twenty-eight to thirty per cent of phosphates—one is serviceable for one species of plant, and one for another—it comes over in very nearly this state, this has been rather more powdered—it is exploded with gunpowder in the process of getting it; it is generally

a mixture of powder and small lumps—the gross weight of the two bags is 194 lbs.

MR. BALLANTINE to JOHN PILLON. Q. How long has Bailey been in your service? A. Nearly twenty years from his apprenticeship—we have a high opinion of him up to this very time, and never knew him to defraud us of 6d.

NOT GUILTY .

473. JOHN BAILEY was again indicted for stealing 2,800 lbs. weight of guano, value 15l.; the goods of William Gibbs and others: upon which Mr. ROBINSON offered no evidence.

NOT GUILTY .

474. JOHN PHILIP PERRIN , stealing 20 pieces of leather, 20 pieces of cashmere, and 20 parts of shoes called "uppers;" the goods of Ebenezer Homan and others.

MR. BALLANTINE conducted the Prosecution.

EBENEZER HOMAN . I am in partnership with Francis Roman, as shoe manufacturers, at No. 25, Skinner-street. The prisoner has been in our employment six years—he was the head of the women's rough stuff department—it was his duty to superintend the preparation of the soles of women's shoes—he had nothing to do with any of the other work—he had no right to take any portion of the property away—on 16th March we gave him into custody—we had only known for three or four weeks of his carrying on business on his own account, and then we at once set officers to work—after he was given into custody, on 6th March, I went to his premises—some goods had been produced to me by an officer.

Cross-examined by MR. PARRY. Q. You ascertained that, three or four weeks before you apprehended him, he was carrying on business on his own account? A. Yes—I did not learn that he had been doing that for the last twenty years—we ascertained afterwards that he had been carrying on business as a chamber master for some months—they are persons who carry on their business in private rooms, and do not keep a shop—we buy of them as well as manufacture ourselves—when the prisoner came to us he had been in the employ of Berrall and Co.—there is a private mark to our articles—I cannot identify the whole that is produced, but I can several pairs—I found three pairs of boots at a person's named Saltner—he came to our warehouse by appointment, and I sent for the prisoner, and said, "Is this the man you bought the shoes of?"—he said, "Yes," and I immediately gave the prisoner into custody—I know Mr. Stagg—he is a chamber master—we buy goods of him—I have not sent for him since this matter, but I spoke to him—he has never been examined as a witness by me—I made inquiries of him—I have not made inquiries of other chamber masters, but I have of two or three large leather houses, whether he purchased of them on his own account—I had rather that the manager would speak to the course of business, as to the way in which the work is given out—I think I heard of the prisoner's wife coming to see the articles taken from her husband—I was not present.

FREDERICK SALTMER . I am a boot maker, of No. 22, Cleveland-street, Fitzroy-square. I have bought boots and shoes at different times of the prisoner—I bought these three pairs (produced) of him, but cannot say whether at the same time—he represented himself to me as a chamber master—I bought from fifteen to twenty pairs of him—the last time was, I think, about 25th Feb.—I am sure these pairs are three of the pairs I bought of him—I did not know that he was in Mr. Homan's employment.

Cross-examined. Q. There are a great many persons as chamber masters

in the trade who are also employed in wholesale houses and hold situations there? A. I never met with one—these three pairs are all that Messrs. Homan have claimed of me—there are similar patterns in almost all houses, I do not know that they are peculiar—I have dealt with the prisoner about eight months—he used to come with a basket on his back, and offer them to me for sale—he had a general assortment of goods, and I used to look out from three to six pairs a week, for eight months, as I wanted the sizes of them—he always gave an invoice in his own name—I went once to his house for goods—I do not know how many pairs, which I had purchased of the prisoner, were there when Messrs. Homan came to look over my stock—chamber master's wives and daughters throw their own work in and assist them in binding—I have given the prisoner orders, which he has executed.

THOMAS WHITFIELD . I am a shoemaker, of No. 3, Blewitt's-buildings, Fetter-lane. I know the prisoner, but did not know that he was in Messrs. Homan's employ—I produce five pairs of shoe "uppers," and five pairs of girl's boot "uppers"—I received part of them of the prisoner, and part were brought to me by his wife, on the day before he was taken into custody.

Cross-examined. Q. How long have you worked for Mr. Perrin? A. Five months last year, and about a fortnight this—I have known him as a chamber master about five months—I have been to his house for work, and have seen him cutting out "uppers" from pieces of leather two or three times a week—cutting and fitting is his portion of the business.

WILLIAM JAMES BAILEY (City policeman, 271). On 14th March I went to Messrs. Homan's—the prisoner was brought into the counting house—Saltmer was there, and Mr. Homan told the prisoner that he should give him into custody for stealing the three pairs of boots produced by Saltmer, and other articles—he did not utter a word—I took him to the station, and he gave his address, "No. 65, East-street, Manchester-square"—having watched him, I asked him if that was hit present place of residence—he said, "No, it is No. 3, Norwich-court, Fetter-lane"—I went there, and found on the first floor, fourteen pain of boots and shoes, fifteen pairs of upper leathers, three pairs of soles, and three large pieces of leather (produced) bent as they are now.

Cross-examined. Q. I believe he had lived at No. 65, East-street, Manchester-square, and had just removed? A. I do not know it—I went there, but did not find that he had lived there—I saw his brother and sister in law there, and they said that he did not live there—I asked him his present address, but I did not remind him of Norwich-court—I only took a portion of what I found in the room, nothing has been returned to the prisoner to my knowledge.

JOHN LANE . I am general manager to Messrs. Homan. I have examined the boots produced by Saltmer—the "uppers" belong to my employers, they have the private shop marks on the tongues, indicating the quality and size, and here is the name of "Howard"—that person is here—I have looked at these pairs produced by Thomas Whitfield and believe them to be my master's property by the same marks—I have looked at the quantity of boots and shoes and "uppers" found on the prisoner's premises, all but six or seven pairs are my master's—I do not speak to the soles, as they have no mark on them—all our goods are marked—it was the prisoner's duty to mark them—I cannot speak to this sole leather, the proper form of it is turned the reverse way, or quite flat—there was leather of this kind at my master's.

Cross-examined. Q. Show me a private mark which you are able to say is your master's? A. This letter "S" indicates second quality—one of our checkers wrote it, and every boot has or should have it—here is "S 6," and "S 5"—I cannot account for the "5" being there—I have worked in other shops, and in one other wholesale house on "uppers"—I forget what mark they had for seconds, either a figure or a cross; it was different from our mode of marking—this is another quality lower, it is "5 3"—I speak to other boots by the shop marks—here is one which has been altered, it is "6 3," and has been altered to "5."

MR. BALLANTINE. Q. Is there anything about the character of the marks which you can swear to? A. Yes, and could almost swear to them without any mark at all—I have been at Mr. Homan's twenty-one years.

JANE HOWARD . I am a binder—here is my writing on one of these pairs of boots—I bind for nobody but Mr. Homan.

GUILTY . Aged 39.— Confined Nine Months.

(There were three other indictments against the prisoners.)

475. ELIZABETH DALEY, JAMES HOARE , and THOMAS KINGSLEY , stealing 6 ingots of tin, value 20l., the goods of Thomas Pillow and another, in a barge in port.—2nd COUNT, feloniously receiving the same.

MR. LOGIE conducted the Prosecution.

THOMAS PILLOW, SEN . I am in partnership with my son as lightermen, at No. 2, Wellington Chambers, London Bridge. We are owners of the lug boat Paul, which is employed in lightering property from wharfs to vessels—I know these six ingots of tin (produced) by the original mark of the mould, and by this private mark "D" as well, which is punched in, and which relates, I believe, to the weight when they are landed at the docks from Truro—all that we had in the boat had "D" on them.

HENRY WARD . I am warehouseman to Messrs. Scovell, of Topham's wharf. On 20th March, from 4 to 6 o'clock, I marked, weighed, and delivered 175 ingots of tin into the lug Paul—I have an entry here of the transaction—I recognize these as part of them—Frederick Matthews was in charge of the lug—Topham's wharf is about a mile from the dock gate.

FREDERICK MATTHEWS . I am in the service of Messrs. Pillow and Sons—on 20th March I was in charge of the lug Paul—I received on board from the last witness 175 ingots of tin on the Thursday before Good Friday—I was to bring them to the London Docks—I got there about 6 o'clock, or a little after—125 of them were like these, and forty were smaller ones—I did not get her into the London Dock, but fastened her to the dock gate, and went home to my tea, leaving no one in charge—I returned in about an hour and a halt and she was not there—I heard no more of her till I heard from Brockman—these ingots produced were part of the cargo.

RICHARD BROCKMAN . I work on the water—on Thursday night, 20th March, about 9 o'clock, I found the lug Paul in charge of the Thames police at Kent's coal wharf—I took charge of her—she was just below Shadwell pier head, scarcely a quarter of a mile from the docks—I counted the ingots of tin before they left Kent's wharf and found only 169—I remained with her till tide turn, which was about 12 o'clock, and then put her into the dock—my foreman and the setter of the boats and the Thames police were with me.

JOSEPH SHAEN (Thames police inspector). On Friday morning, 21st March, in consequence of something Inspector Bridges had said to me at the station, I went to Mrs. Daley's shop, in Wapping High-street, in plain

clothes, about a quarter before 10 o'clock—the door was shut—I stood on the opposite side of the street for five or six minutes, and saw Mrs. Daley open the door and look out up and down the street—the two male prisoners then came out with a bag, apparently heavy, and placed it in a cart, which was standing there with a horse in it—one of them, I could not see which, went back and fetched a second bag; they then both got into the cart and drove away, and the female prisoner went into the shop and shut the door—there is a shop door and a side door—they drove slowly, as they had to go over a bridge—I stopped them as they came to the bridge, got up into the cart, told them I was an inspector of police, and asked Hoare what he had got in the cart—he said, "I do not know, look;" and at the same time Kingsley jumped out, for when I turned round again he had gone—I looked in three bags and found that they contained ingots of tin, and there were three empty bags of the same kind—I told Hoare to drive me to the station, and on the way he said, "I keep my book, and I suppose that will dear me"—I left him in charge in the reserve room, and went with Inspector Bridges to Daley's house—we went in at the side door, went round into the shop, and saw the prisoner Daley there—the inspector spoke to her, and I heard her say that there had been no cart there that morning and nothing had gone out of the shop—this was about a quarter past 10 o'clock—Bridges came to the station at a quarter or 20 minutes before 10 o'clock—I took this book (produced) from Hoare, here is an entry in it, "15l. 8s. 6d., 3 cwt. 1 qr. 14 lbs.," written in pencil at the top of a page.

Cross-examined by MR. SLEIGH. Q. You were almost opposite Daley's shop? A. Yes, I was in plain clothes—Mrs. Daley could see me if she looked across the road—I was not personally known to her that I know of—I am not on duty in that neighbourhood, but am frequently up and down there—I do duty on the water—when I was standing there I saw some one putting iron into the cellar of Daley's house—I did not know that it was Daley's man—I know it now, because he came into the shop when we were going to take Mrs. Daley into custody.

Cross-examined by MR. BALLANTTNE. Q. Was Hoare's cart at the door? A. Yes, with his name on it—he lives in Clerkenwell and has a large business there.

Cross-examined by MR. PARRY. Q. Kingsley jumped out of the wagon? A. Yes, the horse was pulled up suddenly and stumbled—Kingsley went to the horse's head, I believe he did touch the horse—I told Hoare that I was an inspector of police.

COURT. Q. Before Kingsley jumped out? A. Yes—they were both in the cart when I said that—the horse did stumble, but he did not raise it, it raised itself—I did not then see Kingsley go away, but he must have run, for there were three ways, and I could see each way—I had never seen him before—it was Good Friday morning.

WILLIAM THOMAS BRIDGES (Thames police-inspector) On Good Friday morning, I was on duty in High-street, Wapping, and from half past 9 to a quarter to 10 o'clock saw a cart standing at Daley's door—I was in uniform—Hoare and Kingsley had apparently just alighted from the cart at Daley's shop, which was closed—I heard Hoare say to Kingsley, "There is the side door"—I did not see them go in—I passed on, went to the station, and made a communication to Inspector Shaen—I was at the station when Hoare was brought in in custody—he was placed in the reserve room—I and Shaen then went to Daley's house—we got in at the side door—we followed a lad who was going in with some porter—we saw the female prisoner, and I said to her, "Where is Daley—she said, "He is not at home, he has

not been here since Saturday last"—I said, "Who conducts the business?"—she said, "I do"—I said, "A cart came here this morning, and some things have been taken from the shop to the cart"—she said, "There bag no cart been here, nor has anything been taken from the shop to the cart"—I said, "Oh yes! there has, there has been six ingots of tin, and you may consider yourself in custody"—I asked her where her book of entries was—she said that it was at the other shop—her husband keeps the other shop—these are the ingots (produced)—during the time Daley was making her statement, Hoare said, "I paid Daley 15l. 8s. 6d., I paid her a 10l. note, five sovereigns, and 8s. 6d. in silver"—Daley said, "I had no 10l. note."

Cross-examined by MR. BALLANTINE. Q. Did she keep this same money? A. She produced some, and said that she had no more—we had her searched, and she had two sovereigns—she produced 6l. 8s. 6d.—the female searcher is not here.

Cross-examined by MR. SLEIGH. Q. You took her into custody and conveyed her to the station? A. Yes—she was never left, when I parted company with her she was in Sheen's charge.

THOMAS PILLOW , re-examined. These six ingots were part of the cargo.

JOSEPH GRAY (Thames policeman, 3). On Good Friday morning I was in the reserve room with Hoare before he was brought before the superintendent to have the charge entered—I saw him writing in a small book, which he took, I think, from his side pocket—he wrote with a pencil at the top part of a page.

Cross-examined by MR. SLEIGH, Q. The entry made by Hoare, whatever was, was made at the police station? A. Yes.

RICHARD WHITE (Thames police inspector). I was in the reserve room on Good Friday morning, not on duty, I only passed through—I saw Hoare writing with a pencil at the top of this little book (produced)—I afterwards saw Hoare produce it before the superintendent.

JAMES CHRISTOPHER EVANS (Thames police superintendent). I was at the station on Good Friday morning—Hoare and Daley were brought there in custody—I entered the charge, and said that the tin which was found in their possession had been stolen from this gentleman, who was sitting in the office, and said, "And he charges you with receiving it, knowing it to be stolen"—Hoare said, "I know who I had it from, I had it from this person," turning round to Mrs. Daley—he then commenced a statement, and I said, "Well, if you wish to make a statement and approve of it, I will take it in writing"—he was getting rather lengthy—I said, "I shall have to state it before the Magistrate"—he said, "Very well, take it in writing"—I proceeded to do so from his dictation—this is it (produced)—I read it over to him, and he signed it—(Read: "I am a metal dealer, living at No. 44, Compton-street, Clerkenwell; in consequence of a communication made to me by a man named Kingsley, in my employ, that Mrs. Daley had sent a man to ask me to go down to her to buy some metal, I went with my cart to Mrs. Daley's, who keeps a marine store shop, near the Hermitage Bridge; I saw Mrs. Daley there; she showed me some bags which she said contained tin, and asked me 2s. per pound for it; the tin was in ingots; I put them on the scale; they weighed 3 cwt. 1 qr. 14 lbs; I agreed to give her 11d. per pound for it, and upon calculating the amount I made it 15l. 8s. 6d., which I paid to Mrs. Daley in a 10l. note, five sovereigns, and 8s. 6d. in silver; I took the tin from Mrs. Daley's premises, in her presence, and put it into my cart, and when in the act of driving away towards home, the officer jumped up into my cart; he asked me what was in the cart; I told him to look, and I stopped the horse; he examined the

contents of the bags, and told me to go down to the police station, which I did, and was taken into custody. The above statement is strictly true, and was taken in writing by my own request, this 21st March, 1806. T. Hoare. Witness, Thos. Pillow")—when he mentioned Kingsley's name, I said, "I suppose you mean the man who ran away out of the cart?" he said, "No, that man is a stranger to me, a young man who asked me for a ride, I do not know his name"—I have calculated the amount, and think it would be 17l. odd, at 11d. per pound—(Mr. Pillow here stated, that it was 6l. 9s. per cwt., which was 20l. odd for the six ingots)—after Hoare had concluded his statement, I told Daley to give up the money she had got about her to the officer, and said, "If you do not, you must be searched by a female searcher"—she handed a porte monnaie to Bridget, with some sovereigns in it, and I said, "Where is the 10l. note?"—she said, "I never had a 10l. note; you never lost sight of me; I could not have got rid of it; he never paid it to me"—while Hoare was making his statement he produced this white memorandum book, and referred to this entry.

Cross-examined by MR. BALLANTINE. Q. The female searcher is not here? A. No, because Mrs. Daley told me, in the presence of the female searcher, that that was her money, and that it had got into the bottom of her dress by mistake—it was not a regular searcher, it was a neighbour—Hoare said that Kingsley was not the person—I mentioned that at the police court.

Cross-examined by MR. SLEIGH. Q. Did you search Mrs. Daley's premises? A. No.

MR. SLEIGH to WILLIAM THOMAS BRIDGES. Q. Did you search Mrs. Daley's premises? A. Yes—I found a weighing machine there and scales—I think it was a machine such as is found in such shops—all marine store dealers have weights.

HENRY TYLER (policeman, G 42). I know Kingsley, he is in Hoare's service—I have seen him in Hoare's shop for a considerable time—I was present when he was taken into custody by Fawell, outside the Thames Police-court, on 22nd March—he was with three or four other persons.

RICHARD FAWELL (policeman, G 192). I took Kingsley into custody on Saturday morning, near the Thames Police-court—I first saw him at the corner of Wellssley-street, with another person, and as soon as he saw me he made off—I ran, overtook him, and told him I wanted him for being concerned in stealing the tin—he said that he knew nothing about it—one man in his company said, "Run through that house"—he made an attempt to do so, and had run two yards when I took hold of him.

Cross-examined by MR. PARRY. Q. Had he come up to the police court to hear the investigation? A. He was fifty yards worn the police oourt—I had not seen him there.

MR. LOGIE. Q. Did you hear anything about his running away on the day before? A. I asked him why he ran away yesterday—he said that he did not know why he should be locked up all day, or all night.

(Daley and Hoare received good characters.)

DALEY— GUILTY on 2nd Count. Aged 33.

HOARE— GUILTY on 2nd Count. Aged 48.

Recommended to mercy by the Jury.

KINGSLEY— NOT GUILTY .

(MR. SLEIGH contended, in arrest of judgment, that there was no such receiving, on the part of Daley, as came within the meaning of the Act, that there was no manual possession on her part, but on the part of her husband only (See Wyyllie's case, 2 Dennisor's Crown Cases). THE COURT entertained a contrary opinion.)

DALEY and HOARE— Confined Six Months each.

ESSEX CASE.

Before Mr. Recorder.

476. GEORGE LIFFIN , stealing, in the dwelling house of John De Few, 2 watches, 2 pairs of trowsera, and other goods, value 6l. 5s., and burglariously breaking out of the said dwelling house.

MR. M'ENTEER conducted the Prosecution.

JOHN DE FEW . I keep the Richard Cobden beershop, at Barking. The prisoner came to lodge in my house three weeks before 1st Sept., 1855—he gave his name as George Coleman—on the night of 1st Sept. the prisoner was in my house—he did not go to bed—he went into the bedroom, as if intending to go to bed—he followed me up stairs to his bedroom, and bid me good night—a man named Gosling found the door open, and called me down, between 6 and 7 o'clock in the morning—that was the back door, leading to the back yard—I had fastened that door myself, on the previous night, with two bolts, one at the top, the other at the bottom—I missed a watch from the bar, after I had been down ten minutes or a quarter of an hour; and I missed another watch from the bedroom, up stairs, where I had been sleeping—it was my wife's father's watch—I might have seen it a week or a fortnight before—there was a gold ring missing, which I had seen a fortnight or three weeks before, in the looking glass drawer, in my bed-room—I also missed a shawl—there was another lodger in the house besides the prisoner—he was in a room adjoining my bedroom—that man was ill—I had heard that man in his bedroom during the night—the prisoner was gone when I came down in the morning—he did not return before I fetched him away from Woolwich, on 6th March—there was a pair of trowsers taken away, and a waistcoat—these are them—they are my property.

Cross-examined by MR. SLEIGH. Q. This occurred in Sept.? A. Yes, on 1st Sept—the prisoner was recommended to me by Mr. Newton, but he gave a false address—Mr. Newton never sent him—he owed me something when he left—I know he was seeking for work—he said, if he could not obtain work, he must go to another place to seek it—I bought this waistcoat and trowsers, ready made, second hand—I have not written my name or initials on these things—my wife looked at these things at the police court—my wife had no doubt about identifying the trowsers—I can positively swear to them.

MR. M'ENTEER. Q. Did the prisoner give you any notice that he was going off that morning? A. No.

HANNAH DE FEW . I am wife of the last witness. My husband made the house fast on the night before this happened, and I saw the prisoner go to his room—I heard him go down stairs soon after I had been in bed—I did not hear him come back, because I fell asleep—I had another lodger in the house, but he was ill—my husband went down first in the morning—I came down, and found the door open—I missed a watch from the parlour, and a clean shirt, which I had left on the table in the bar when I went to bed—I went to the bedroom, and opened the looking glass drawer—I missed my father's watch and a ring—I went to the prisoner's room, and his bed had not been slept in—that watch and ring must have been taken before I went to bed—the prisoner had been in the room before, cleaning the window—a pair of trowsers was lost, and a shawl, from the room where the prisoner slept—they were in a drawer under his bed—I found the drawer open, and these things were gone—I can identify them as belonging to my

husband—I knew the waistcoat directly the policeman opened it—I never saw the prisoner afterwards till he was taken into custody—he did not give me any notice that he was going to leave.

Cross-examined. Q. I heard you say that the articles of jewellery must have been stolen before that evening? A. Yes—they were in the top front room—the prisoner lodged in the floor underneath—the sick man lodged in the room next to where we slept—no one slept in the back room next to the prisoner—when these trowsers were first shown to me I bad not any doubt about their being my husband's—I said these were the trowsers—I was with the policeman when he took them out of the box at Woolwich—I did not say when they were produced that I was not quite sure about the property being my husband's—I did not say to my husband, "Take care, John, I should not like to swear to them myself."

BENJAMIN SQUIRRELL (policeman, K 122). I am stationed at Barking. In consequence of information I went to Woolwich, on 6th March, and arrested the prisoner—he was at work—I told him he was my prisoner for robbing Mr. De Few—he made no answer—he gave me an address, and I went there on 7th March, to No. 28, Rope-yard-rails, Woolwich—Mrs. De Few went with me—I found this waistcoat and trowsers in the prisoner's box, in the up stairs room—Mrs. Hurun told me it was the prisoner's tox.

Cross-examined. Q. Was the prisoner working at the arsenal? A. Yes—Mr. De Few was with me—he said, "That is the man that lodged in my house."

ELIZA HURUN . I am the wife of William Hurun. We live at No. 28, Rope-yard-rails—the prisoner came and lodged in my house four or five months—on 7th March, the police officer came—I pointed out to him a box belonging to the prisoner—the prisoner did not bring it to my house when he came—it had not been in my house many weeks—I do not know who brought it—I was in bed At the time—when I went into his room afterwards I saw it in his room—it was brought in on a Sunday night after I was in bed, I suppose—I saw it on Monday morning—it had been in my house three or four weeks—I believe the prisoner used it as his box—three more men slept in that room besides the prisoner—I never saw the prisoner use that box as his—he had no other box in the house—he always used to put his clothes in the cupboard—there were other clothes in the room—there were other clothes in the box—there was one pair of trowsers that he had new—I had seen him wear them, and they were in the box—the prisoner went by the name of George—he did not give any other name.

Cross-examined. Q. This man lodged with you between four and five months? A. Yes, and during the latter part of the time he has been in constant employ, and had bought clothes—he had the character of a very steady hard working young man—he had the opportunity of going into the various rooms of my house—I had a watch of my own that I gave six guineas for, and my husband had a watch—I never locked anything up—I did not miss anything.

MR. M'ENTEER. Q. Did you see the prisoner with a watch? A. Yes—I do not know whether he brought it with him—I am not able to say whether it was silver or gold.

HENRY MILSTEAD (police sergeant, K 12). I am stationed at Barking. I examined the prosecutor's house on the morning of 1st Sept.—the back door was then shut—there were no marks of violence on the doors—they could not have been opened from the outside at all.

(The prisoners statement before the Magistrate was here read as follows:—"I did not take anything out of the house when I left")

HANNAH DE FEW re-examined. I had seen the watch and ring in the drawer on the Friday night when I went to bed—it was on the Saturday night he went away—on Saturday morning he was cleaning the window in the bedroom.

JOHN DE FEW re-examined. I had not worn these trowsers—here is this red mark on them, the same as when I bought them—I had never had the waistcoat on—I had bought these things in Barking—I had seen them since they were put away in the box—I got them in a pawnbroker's shop—I bought the duplicate of them, and got them out—I put them by in that room—I saw them once since—I know them by the red mark—I had noticed the red mark on them.

GUILTY of Stealing only.—Recommended to mercy by the Jury. Aged 24.— Confined Six Months.

KENT CASES.

Before Mr. Common Serjeant.

477. JOHN HALL , feloniously receiving 1 watch, value 18l.; the goods of George Atkinson, well knowing it to have been stolen.

MESSRS. BODKIN and WOOLLETT conducted the Prosecution.

JOHN ADOLPHUS GEORGE BOUSTRED . I am clerk to the Magistrates, at Greenwich. I produce the depositions in this case—I recognise them, they are dated 23rd Feb., 1841—Mr. Jeremy, who then presided, is since dead, and the clerk who took the depositions is dead also—I know Mr. Jeremy's writing—I observe his handwriting to these depositions, and I know the writing of Mr. Ffinch, the clerk.

ELIZA ANN MOSS . I am the niece of William George Atkinson. I can partially remember the robbery at his house, at Blackheath, in Oct., 1840—I was residing with him at that time—I remember accompanying Mrs. Atkinson to the Greenwich police court on one occasion, when this charge was heard—I recollect the prisoner being there—this is Mrs. Atkinson's signature to this deposition—I saw her sign it—I afterwards came with her to this Court, on the Sessions after that examination; no trial took place—this watch is part of the property that was stolen—it belonged to my uncle and aunt.

Cross-examined by MR. CLARKSON. Q. Are there any executors to Mr. or Mrs. Atkinson? A. Of Mrs. Atkinson there are—I do not know who is paying the expenses of this prosecution—my aunt died about twelve yeart ago, and my uncle about fourteen years.

MR. BODKIN. Q. Were they both alive at the time of the robbery? A. Yes.

THOMAS M'GILL . At the time of this robbery I was a police officer—I traced the property—I attended at the police court, and was present when Mrs. Atkinson was examined—she was sworn and gave her evidence in the prisoner's presence—I believe it was read over to her—she signed it—we all signed it—the prisoner had the opportunity of cross-examining her.

Cross-examined by MR. BALLANTINE. Q. Do you mean you remember this? A. I go by my recollection—I remember her being before Mr. Jeremy—I recollect that perfectly, she was examined on the bench to the best of my recollection—the depositions were taken in the Magistrate's office,

before the Magistrate—to the best of my recollection, we were all present—I believe the deposition was taken in presence of the Magistrate.

Q. Was it not taken in the clerk's room, and written down, both yours and the lady's? A. It was taken in the building—now you bring it to my recollection, I remember going into a room—I do not think the Magistrate was in that room, nor the prisoner, but we went into the Court afterwards—our evidence was taken in the absence of the prisoner and the Magistrate.

MR. BODKIN. Q. You went before the Magistrate afterwards? A. Yes; it was read over to all the witnesses—the Magistrate was present, and the prisoner was at the bar—I signed it in the building, but where I cannot tell—it is fifteen years ago—Mr. Jeremy was the Magistrate.

MR. BODKIN to ELIZA ANN MOSS. Q. Did you see your aunt sign any paper? A. I think I did—I went with Mrs. Atkinson to the police court on one occasion, and I was at this Court on more than one occasion.

Q. On the occasion of your going before the Magistrate, did you hear your aunt give her evidence? A. It is so long ago I am not certain—when I went to Greenwich I was with my aunt—I remember the prisoner quite well, I saw him at the Greenwich police court, standing in the dock—I could not say whether Mrs. Atkinson was examined at all as a witness—I do not recollect what took place at the Court at Greenwich.

BENJAMIN LOVELL . I was a police constable employed in discovering this robbery—I was at the police court, at Greenwich, every time when this matter was inquired into—I saw Mrs. Atkinson there, I was present when she was examined—she was examined in the police court—a good many persons were present—Mr. Jeremy presided—the prisoner was there—I noticed what was done after Mrs. Atkinson and the other witnesses were examined—I saw the depositions signed in the police court—I saw Mrs. Atkinson sign—I heard the depositions read over before they were signed—it was in presence of the prisoner and the Magistrate.

Cross-examined by MR. BALLANTINE. Q. What a capital memory you have. A. Perhaps I have—I recollect all this distinctly—I recollect the depositions being signed—I mean to swear that the lady gave her evidence in the presence of Mr. Jeremy, and that the deposition was taken in his presence—it was not taken in the clerk's office—Mr. Ffinch took it, and Mr. Jeremy was present on the bench—it was not taken in another room—there was no other room at that time, it was before the new Court was built—I mean it was taken before Mr. Jeremy—I saw it taken down—I heard the evidence every one gave—Mr. Ffinch asked the prisoner if he had any question to put to the witnesses—some one attended for the prisoner, but I cannot say who—the witnesses were cross-examined, and he was let out on bail.

(The deposition was here read as follows: Ann Atkinson on oath says, "I am the wife of George Atkinson; I reside at No. 11, Blackheath-terrace, in the parish of Greenwich, in the county of Kent. On 15th Oct. last, at half past 11 o'clock in the morning, as near as I can say, I saw my cash box on a chest of drawers in my bed room, and I should say I had my watch safe within a day—I had not noticed my watch that morning—I saw the case in one of my drawers, and to the best of my belief, the watch was then in it—about half past 11 o'clock I went out for a drive and returned home between 3 and 4 o'clock in the afternoon—on the following morning, about ten minutes before 9 o'clock, my husband brought to me my cash box, which Lad been broken open, and I immediately looked for my watch, and I missed that and several other things—information was immediately given to the police—the watch now produced I believe to be mine, and the same which

was stolen from me—I lost from my cash box a 10l. note and ten or twelve sovereigns—my watch is not in the same state now as when I lost it—my initials were upon the back of it—I purchased it at Mr. Carter's, in Tooley-street, London—the two servants who were with me in October last have left my service—I lost property to the amount of 30l., without the money. Ann Atkinson.")

THOMAS M'GILL re-examined. I was a police constable in 1841—I heard of the robbery of a gold watch and other things from Mrs. Atkinson—I went, by direction of my superintendant, to Mr. Wright, in Tooley-street, in the Borough—he produced to me a watch which appeared the same as this one (produced), but it had no chain to it—I went first to Mr. Cameron, and to Mr. London, and to a pawnbroker in some street near Leicester-square—I inquired for Mr. Fletcher, but could not find him—I went to Mr. Upton, who was then residing in Marshall-street, Golden-square—he gave me some information—in consequence of that, I went in search of the prisoner to Shoreditch, and from there to Leadenhall-market—I went to a public house there and found the prisoner—I did not see anything pass between Mr. Upton and the prisoner—they acknowledged one another and I think they shook hands, to the best of my recollection—they appeared to be acquainted with one another—we had something to drink at the bar, and I called the prisoner out, told him I was an officer, and had come about an unpleasant business about a watch—I went to the door and called Mr. Upton out, and on looking round I saw the prisoner on the ground, and called the police—before he was on the ground I said that I had come on an unpleasant business about a watch, and told him I should take him into custody, or words to that effect—I called Mr. Upton out, and just as Mr. Upton was coming out of the door, the prisoner fell down—I cannot recollect the questions I asked him previous to his falling down, but I told him I came for the purpose of taking him into custody about this watch—I think I said, "Do you know the watch?"—and he, said, "No," or words to that effect—that was previous to his falling—I endeavoured to assist him up—when I called "Police!" another officer came to my assistance, and the prisoner was taken into custody—I took the watch with me and showed it him—I do not think I asked him any question in Mr. Upton's presence about this watch—Mr. Upton was present at the door—I should say he was within hearing—the question I asked was, that I had come on a very unpleasant business—I showed him this watch, and told him I had come to apprehend him about that watch—he said he knew nothing at all about it—I think Mr. Upton said, in his hearing, it was a lady's gold watch—he said so at the time somewhere—the prisoner was not in a fit at that time—it was before he fell down that Mr. Upton said it was a lady's gold watch—the prisoner said, "No"—it is so very long ago I can hardly tell as to what it was he said "No" to—he said "No," refusing knowledge—I then took him into custody—it was after this conversation that he fell down—there was a 10l. bank note found on him, some sovereigns, some silver, a seal, and another gold watch, which was given into the hand of the superintendant of the police.

Cross-examined by MR. CLARKSON. Q. The other watch he was wearing? A. Yes—this was a long time ago—I only speak to the words that passed between me and the prisoner, to the best of my remembrance—of course my recollection is faulty because of the time—I really speak from the best of my recollection—I cannot say any more.

Q. Now repeat what passed? A. About half past 11 o'clock at night I

found the prisoner at the bar of the public house—we went in, and at the bar we had something to drink—then I called the prisoner out—I remember that perfectly—I said, "I am an officer; I have come about an unpleasant business about this watch"—I called Mr. Upton out, and as he was coming out I said, "This watch;"and Mr. Upton said, "A lady's gold watch."

Q. Did you not say that as soon as Mr. Upton came to the door this man fell down? A. Yes—there was nothing eke passed—I have told you now all I recollect.

COURT. Q. From the time that Mr. Upton came forward, and you said, "This watch,"and Mr. Upton said, "A lady's gold watch," was anything more said before the prisoner fell down? A. Mr. Upton was coming out, and he said, "A lady's gold watch," and the prisoner said, "No"—I am sure that he said he knew nothing about it—he said, "No, nothing about it," or something to that effect—he gave a general direct refusal.

WILLIAM WRIGHT . I am a watchmaker, and live in Tooley-street. I lived there in 1841—in Feb., 1841, two women came and brought me a watch—this is the watch—I cannot recollect the date—I recognised the watch—I had been in the service of Mr. Carter—this watch was made by him—I knew it had been sold to Mrs. Atkinson of Blackheath—I observed something peculiar, about it, and I detained it and gave information—I sent to Mrs. Atkinson—18l. had been the cost price of the watch—it had been altered—Mr. Carter's name had been filed out, and another name had been engraved, and also the number was altered, and there had been two A's in old English—they had been filed out, but there is a portion of then which I can trace now—it had been sold to Mrs. Atkinson seven or eight years before.

Cross-examined by MR. CLAKKSON. Q. I suppose you know that the value of a watch after eight or ten years very materially alters? A. Yes—I do not suppose a pawnbroker would advance, above 7l. or 8l. on this watch—I would not give above 9l. for it.

COURT to THOMAS M'GILL. Q. When did you receive the watch from Mrs. Wright? A. It was in the month of Feb., 1841, before the examination before the Magistrate.

THOMAS UPTON . I am a coal merchant, and live in Lower John-street, Golden-square. My firm is Parker and Upton, but it is my own business now—in 1841, I was living in Marshall-street—I was acquainted with the prisoner—I do not know what he was at that time—I knew him by meeting him at Spaniel shows and taverns—I believe I had this watch (looking at it) in my possession—I received it from the prisoner—I had purchased a gentleman's gold watch of him—I cannot recollect how long before, it is so long ago—I only remember that I had that transaction with him—he brought another watch to me, and offered it for sale—I cannot recollect the words he made use of, but the substance of what he said was, "I have a lady's watch which I can sell you, if you want one to make a present of," or something to that effect—I cannot recollect exactly—the price was mentioned—I think it was 8l.—I said I did not know the value of watches, but if he would leave it with me I would ascertain the value of it, and see him again—he left it with me, and I took it to a watchmaker of the name of Fletcher—I left it with him for his opinion upon it—I never got it back from Fletcher, nor heard of it till it was brought to me by the officer—I did not see Fletcher after I gave him the watch—I inquired about him, but could not find him—he had lived in Sherrard-street, Goldensquare—I saw the prisoner afterwards, and I said I had given the

watch to a watchmaker, and I could not find him—that is the account I should be sure to give—I have no recollection of what the prisoner said about that—I should think it was a month or two after that, that M'Gill called on me—I went with M'Gill, and found the prisoner in a public house near some market—the house was kept by a person of the name of Brookman, to the best of my recollection—I saw the prisoner, and I think I told him that the lady's gold watch he had left with me was a stolen one—that was the police officer that was with me—the prisoner denied having left one with me—I cannot recollect what I said to that—I should be sure to say something to that, but I cannot recollect what it was—he was then taken into custody—I had in my possession then the first watch that I had bought of the prisoner, and I have it now—I attended as a witness at this Court when it was expected the prisoner would be tried—I went before the Grand Jury—the first watch I had of him has never been claimed by anybody.

Cross-examined by MR. BALLANTINE. Q. You received a couple of watches of him altogether? A. Yes—I cannot remember after what interval; it was not years—I purchased a watch I have now, and he came afterwards to me about a lady's watch, which I handed to Fletcher—it was a watch of this description—I cannot recollect whether it had a chain to it—I should say it had not—it was a watch of this description.

MR. BODKIN. Q. Did you give the same watch to Fletcher? A. Yes.

COURT. Q. When M'Gill brought you the watch, did you examine it? A. Yes—I could not say that it was the same watch I gave to Fletcher.

JOHN BIGLAND . I was a pawnbroker in 1841; I lived at No. 51, Prince's-street, Leicester-square. I remember a person pawning a watch with me—I could not swear it was this watch, but a watch in every respect resembling this—I have no doubt about the watch, but I will not swear to it—the person's name who pawned it was John Fletcher; I think he lived in Warwick-street—he lived in Warwick-street a long time—I knew him in that neighbourhood for years—he pawned it for 7l.—it must have been the latter end of 1840, or the beginning of 1841—it was about Dec. or Jan.—it was just before I left the business—I have been out of business fifteen years—I think it was redeemed something like two or three months, afterwards—I do not know the person who redeemed it—I gave a duplicate to Fletcher.

Cross-examined by MR. CLARKSON. Q. You cannot swear to the watch? A. I would not swear to this being the watch, but to the best of my recollection, this is the watch, because I have a faint recollection of the shield at the back having been engraved and roughly erased—I do not know where Fletcher is now—my memory is not so very faint about this, because this was the last job of the kind I had.

JURY. Q. Did Fletcher pawn many things at your house? A. Yes.

MR. BODKIN. Q. Did you attend the examination? A. Yes—the watch was produced before the Magistrate—I do not believe I swore to the watch then.

ALEXANDER CAMERON . I am a baker, I reside in Tooley-street. I purchased the duplicate of a watch—it was about 1840 or 1841—I do not know the year—I redeemed the watch—it was in pledge somewhere about Soho, but I do not know the name of the street—after I had redeemed it I sent it by my daughter, to Mr. Wright's—I am sure the watch I redeemed was sent to Mr. Wright's—it was a watch of the general appearance of this watch, but it was newer than this—this watch is worn; it is some years ago—I purchased the duplicate from a baker in Tooley-street of the name of London.

THOMAS M'GILL . Q. Did you give the watch that you received from Mr. Wright up to the prosecutrix? A. I did not, Lovell gave it—I attended here in the March Session, 1841—I went before the Grand Jury; a true bill was found—I was present when the prisoner was called on his bail—I believe the recognizances were ordered to be estreated—the prisoner never appeared.

Cross-examined by MR. CLARKSON. Q. Do you know how many years he has been living in London since? A. No.

COURT. Q. You found on him another watch, a 10l. note, and some money and a seal; have they been given up to him? A. The money was given up to him before the Magistrate, but the gold watch and seal were not.

HENRY CHURCHILL LOVEGROVR . I keep the Ship and Billet, at Green-wich. Some years ago I was employed on board the Magnet steamer—I know the prisoner, I have seen him frequently at Boulogne—I did not hear of this robbery at the time it took place—the prisoner used to be frequently on board our vessel, and he said to me one day, "You are going to have a fine voyage this evening"—I said, "It appears so; come with us"—he said, "I should like it very much, but the man is not dead"—this was in the autumn of the first year he went to Boulogne, either 1840 or 1841—I heard of the robbery on the voyage after—I did not speak to the prisoner about it at any time—I did not like to say anything more about it.

Cross-examined. Q. Do you know whether he has been living in London? A. I do not—I left the Magnet seven years ago—when I left he was residing at Boulogne.

NOT GUILTY .

478. WILLIAM DOYLE , stealing 1 purse, value 6d. and 30s.; the property of Richard White, from the person of Mary White: to which he

PLEADED GUILTY . Aged 12.— Judgment Respited.

479. WILLIAM JONES , stealing 1 watch, value 8l.; the goods of Alexander M'Rawlings, from his person.

MR. ROBINSON conducted the Prosecution.

ALEXANDER M'RAWLINGS . I am a student at Woolwich. On 13th March, I was on Woolwich Common—a number of soldiers had landed and were marching to their quarters—I had a watch when I went there, and I missed it about 4 o'clock—I put my hand to my pocket, and the watch was gone—I had had it safe half an hour before—there was a great crowd there—this is my watch, I found the chain broken; this is the part that was broken—I think the watch is worth 10l. or 15l.

Cross-examined by MR. THOMPSON. Q. How long had you had it? A. About two years—the glass was in it on that day—I am not sure what is the maker's name—the glass was not out of the watch when it was shown to me on the 13th—it has been broken since—the watch went—it was given to me by my father—it is gold—there are no particular marks on it by which I know it, except the appearance of it—I went on the common about 2 o'clock—all the boys of our school were there—I was just at the corner of the common when I first missed the watch—it was after the arrival of the Queen—she was there when I reached the common—I went down to the Arsenal to see them land and then went to the common—I do not know when I last saw my watch—I recollect telling a friend to take care of his watch, and at that time my watch was safe—I have no doubt about this being my watch.

JOHN M'RAWLINGS . I am a solicitor. I gave this watch to my eon—I have known it certainly thirty years.

Cross-examined. Q. Have you any particular mark on it? A. Only its general appearance, and this ring is rather worn.

JAMES WILLIAM CROUCH (policeman, R 118). I was at Woolwich, in plain clothes, on 13th March—I saw the prisoner between 4 and 5 o'clock, in company with another man—they were coming from the common and going to the railway—I was passing, and I went over to the prisoner and asked him if he came from Holborn—he said, "No"—he said, "Why?"—I said, "I thought I saw you in London"—he said, "No, I came from Dartford"—I said, "What have you got in your pocket?"—he said, "A bit of tobacco"—I said, "Let me feel; I am a police constable"—he put his hand in his pocket and was handing something to the other one—I saw what he was doing and threw him on his back—I took this gold watch from his hand, and took him to the station—while the charge was being entered, I asked him if he had anything else—he said, "No"—he was searched, and I found this other gold watch—he dropped it from the back of his person on the ground.

Cross-examined. Q. Is it true that you had seen him in Holborn? A. No—I thought it was my duty to ask him that, to see what he had got—I did not attempt to stop the other man—I had enough to do to keep the prisoner—I was down there on business, I do not belong to that place—I did not go to see the review—I could not stop the other man—there was no one in the street but three females that I was with—I do not know whether there were many persons leaving the common to go by the railway—there are a great many streets leading from the common—I was in one of them, in Brewer-street—I had no assistance when I knocked the prisoner down—the prisoner stated that the watch was given him by another man, when the deposition was read over to him.

GUILTY. Aged 21. Of Receiving — Confined Twelve Months.

There was another indictment against the prisoner.

480. THOMAS FENNELL , stealing 3 bars of solder, value 6s. 6d.; the goods of George Smith, his master: to which he

PLEADED GUILTY . Aged 48.— Confined Three Months.

481. JOSEPH PURNELL , stealing 112 copper bolts, value 25s.; the goods of Charles Joyce and another, his masters: to which he

PLEADED GUILTY . Aged 18.— Confined Three Months.

Before Mr. Recorder.

482. HENRY JONES , stealing 1 watch, value 3l.; the goods of John Augustus Francis, from his person.

JOHN AUGUSTUS FRANCIS . I am a mariner, and live in Well-street, London Docks. On Wednesday evening, 19th March, I was passing through the Thames Tunnel, about 8 o'clock—it was the Tunnel fair—there were many persons there—I felt a pulling at my watch, which was in my left waistcoat pocket, and the chain round my neck—I put my hand round and caught the prisoner's hand, and held it fast—he had got my watch guard in his hand—he handed my watch to another man—I caught his left hand on my breast, and his right hand he passed with the watch to another man—I saw the watch, and saw him pass it—I had the guard—I saved that—I held the prisoner, and called the police, and gave him into custody—the ring of the watch was broken—it hung on the guard.

Prisoner. Q. How many persons were there? A. A great crowd—I

was on the south side—there were two men with me—I felt a pull at my waistcoat pocket—I saw you pass the watch to another man—I made sure of you—there were two men with me—there was no way for you to run away—I made sure of the man that took the watch, and that was you.

PHILIP RAYMOND (policeman, M 22). I was at the Thames Tunnel fair on duty—I was called by the last witness—he had hold of the prisoner, and charged him with stealing his watch—I took him into custody—he said he had not the watch—he gave his address No. 9, Charles-street, Seven Dials—I went to Charles-street, Drury-lane, and to Charles-street, Holborn, and he was not known—there is no Charles-street, Seven Dials.

GUILTY . Aged 21.— Four Years Penal Servitude.

SURREY CASES.

483. WILLIAM BURNS , stealing goods, value 8l., of Joshua Walker and others, his masters: he was also charged, upon three indictments, with embezzlement: to all which he

PLEADED GUILTY . Aged 38.—Recommended to mercy by the Prosecutor.— Judgment Respited.

484. JAMES HURLEY , stealing 1 1/2 ton of Unseed cake, 1 tarpaulin, and 25 bags, value 17l. 11s., in a barge on the Thames.

MR. PAYNE conducted the Prosecution.

WILLIAM GARDNER . I am a lighterman, and granary keeper of Shad Thames, Horsleydown. On Tuesday, 22nd Jan., I received a cargo from a vessel in the London Docks, called the Humboldt, into one of my barges—it consisted of 212 bags of oil cake—the barge was to go to Carolina-wharf, Rotherhithe—the cargo about half filled the barge—there was a space at each end, where two or three tarpaulins were lying loose—I saw the barge just before she started—she contained 212 bags—Thomas Evans went with her—I have seen a tarpaulin since, which is one of those left in the barge—my name is on it—it is worth 2l.—on the 25th, I examined the bulk of the oil seed, and missed from fifteen to twenty bags—as lighterman, I am responsible for the tarpaulins—I know the prisoner by sight, but have never employed him.

THOMAS EVANS . I am in the last witness's employment—I loaded the barge Martha with 212 bags of oil cake, and on 22nd Jan. took it from London Docks to Carolina-wharf; and left it there dose alongside Mr. Smith's barge, which was next to the land—I could go from my barge across his—on the following Thursday, I found my barge still lying in the same place, but some of the cargo was gone—there was a hole in the middle where about twenty bags had been moved away—I have not been shown any tarpaulins—I have been ill.

Cross-examined by MR. PABRY. Q. Did you yourself ever count these bags at all? A. Yes—in the London Docks, and we always keep a tally, and the officer on board checks it—he is not here—he keeps a memorandum in a book—I have counted some hundreds of bags since that time—as I take them on my back he counts them—I do not take the number down in writing—I saw Mr. Gardner's tarpaulin—I think his name was on it in a few letters—I can read—there was his number on it, 475—I cannot swear

that it was on this one, but it was on others—I can swear that there were a few letters on it.

MR. PAYNE. Q. Was the middle part of the barge full? A. Yes, and on Thursday it was empty—I can swear that there were 212 bags—I recollect it—they were safe when I left it at the wharf.

HENRY WHITE . I am a lighterman, in Mr. Gardner's employ. On Wednesday, 23rd Jan., I put two tarpaulins into the barge Martha, off Carolina-wharf, near Mr. Smith's barge—she contained oil seed cake in bags—it was then between 12 and 1 o'clock, and the cargo was perfectly safe—on Thursday, about 12 o'clock, I found that the bulk had been disturbed at the top, and the middle—about twenty bags were gone—I missed one of the tarpaulins which I had put in—I have seen it since at the station.

HENRY WILLIAM SMITH . I am a lighterman, of Rotherhithe. My brother Edward has a wharf adjoining Carolina-wharf—I was there on Wednesday evening, about half past 10 o'clock, and saw my brother's punt moored off his wharf, empty—I was there next morning, about half past six o'clock, and it was gone—I saw it again on the following Saturday at the Horseferry, at Westminster—I know the prisoner, by his working at Rotherhithe-stairs—He generally leaves his boat there, to go over the water to Wapping—I saw Fewster at Westminster—he spoke to me about the punt—I then looked at it, and knew it to be my brother's.

WILLIAM SMITHERS . I am foreman to Mr. Bachelor, of Carolina-wharf. On 26th Jan. I was present when a barge of oil cake was unloaded there, and 189 bags were found in her—there ought to have been 212, according to the lighter note—I have seen the prisoner once or twice as a waterman.

Cross-examined. Q. Do you know whether any of this cargo was landed at Carolina-wharf? A. Not from the barge—there were forty-nine bags landed from the same ship, but not from the barge—I was instructed by my employers to tally the bags, and found 189—none of them were landed—we only turned them out of one barge into another, a Gravesend barge.

JAMES FEWSTER . I live at Market-street, Horseferry-road, Westminster. On Thursday morning, 24th Jan., I was at the White Hart, at Millbank, which is right opposite Horseferry-dock, cleaning some knives and forks, and saw the prisoner, whom I did not know, in the taproom, with my brother-in-law, between 7 and 8 o'clock—I went outside the house, and in again, two or three times—I know a man named Purver—he is a labourer, the same as myself—I was standing with him underneath the window, and the prisoner asked me if I had got anything to do—I said, "No"—he told me if I would unload that barge in the Horseferry-dock it would be a crown in my way—it was a punt, or small barge, and contained oil cake in bags—I told Purver what I had got to do, and he went to help me unload it—when I had consented, the prisoner went away, and came back in about five minutes, with a van, and a carman, and another man—the prisoner then employed two more men, and said that he would give them 1s. a piece—the four of us unloaded the barge, and put them into the van—there were about twenty-one, as near as I can remember—they weighed about 1 cwt. a piece—it took two of us to lift them off the gunwale of the barge—Flicker, my mate, got the money, and I got my money from him—I got a 2s. piece and a sixpence—that was for the four of us—the prisoner told me to give an eye to the punt and tarpaulin, and when he came to fetch it away at night he would give us the difference—the prisoner and the man went away with the van—I kept my eye on the punt till the Thames policeman came to me, on

Saturday, at 4 o'clock, and took possession of the punt and tarpaulin—it was I the same as I unloaded—I live close to the spot.

Cross-examined. Q. This was done quite openly? A. Between 9 and 10 o'clock in the morning—there was no concealment—I saw the tarpaulin—I saw one of the bags a little bit open, and saw that it was oil seed cake, but I never saw any before.

MR. PAYNE. Q. Did you afterwards see Mr. Smith with the punt? A. No—I gave it to the officer—I afterwards saw Mr. Smith's brother, who has been examined—I saw him at Westminster, and he saw the punt there—it was the same punt which I had taken the oil cake out of.

WILLIAM PURVER . I live in Vine-street, Millbank, Westminster. I was employed by Fewster to help unload the punt of oil cake—before I began to unload it, I saw the prisoner speak to Fewster—I did not see the van come up, I saw it there—I said to the prisoner, "Old fellow, how about the dock dues?"—he said he would see Morton by and by, and settle with him—Morton is foreman under Mr. Lucas, the doek master, at Horseferry Dock—Fewster employed me to lend a hand, and I did so.

GEORGE GRACE . I am a lighterman, and live in Millbank-street, Westminster. On Thursday morning, 24th Jan., I was at the White Hart pnblic house, about 8 o'clock—I saw the prisoner there—we had something to drink together—I saw him again about a quarter to 9 o'clock; he came and asked me to lend him half a crown—I did not do it.

HENRY DYER (Thames policeman, 42). I took the prisoner into custody on 2nd Feb. at Ring James's-stairs, Shadwell—I told him it was for stealing twenty-three bags of oil cake on the Thursday week before—that would be 24th Jan.—he said he was not up there on that day, and did not know anything about it.

Cross-examined. Q. Did you mention the particular day to him? A. I did—I am sure of that—I have never been in any trouble of any kind—I was never tried for anything—I have always gone by the name of Henry Dyer—I was never tried in this Court—I was never in the House of Correction—I do not know a man of the name of Saurin—I know a person named Syer—there are two Syers—I saw John Syer this morning going over Tower-hill—Edward Sysr is my master's brother—I have never sent him to the prisoner since he has been in prison—I am sure I never was in prison, or ever tried in this Court.

MR. PAYNE. Q. Is there any pretence for saying that you have ever been tried or convicted? A. No—I have been close upon six years in the Thames police.

THOMAS GEORGE ROE (Thames policeman, 55). On Saturday afternoon, 26th Jan., I found a punt at the Horseferry, Westminster. Fewster had charge of it—he showed it to me—I took charge of it—this tarpaulin was in it.

WILLIAM GARDNER re-exaimned. This is my tarpaulin.

WILLIAM THOMAS BRYDGES (Thames police inspector). On Sunday, 27th Jan., I examined the punt pointed out to me by Roe—I found some oil cake sticking to the bottom—oil seed bags are tied at each corner by two ears, as they are called—I found this one at the bottom of the punt, and this other one I received from Smithers; they correspond.

WILLIAM SMITHERS re-examined. I got the ear that I gave to Brydges from one of the bags of the same cargo—not one of those on board the Martha—they were tied in the same way.

GUILTY .

(The prisoner was further charged with having been before convicted.) THOMAS BENJAMIN WALKER (police inspector). I produce a certificate—that

it was on this one, but it was on others—I can swear that there were a few letters on it.

MR. PAYNE. Q. Was the middle part of the barge full? A. Yes, and on Thursday it was empty—I can swear that there were 212 bags—I recollect it—they were safe when I left it at the wharf.

HENRY WHITE . I am a lighterman, in Mr. Gardner's employ. On Wednesday, 23rd Jan., I put two tarpaulins into the barge Martha, off Carolina-wharf, near Mr. Smith's barge—she contained oil seed cake in bags—it was then between 12 and 1 o'clock, and the cargo was perfectly safe—on Thursday, about 12 o'clock, I found that the bulk had been disturbed at the top, and the middle—about twenty bags were gone—I missed one of the tarpaulins which I had put in—I have seen it since at the station.

HENRY WILLIAM SMITH . I am a lighterman, of Rotherhithe. My brother Edward has a wharf adjoining Carolina-wharf—I was there on Wednesday evening, about half past 10 o'clock, and saw my brother's punt moored off his wharf, empty—I was there next morning, about half past six o'clock, and it was gone—I saw it again on the following Saturday at the Horseferry, at Westminster—I know the prisoner, by his working at Rotherhithe-stairs—he generally leaves his boat there, to go over the water to Wapping—I saw Fewster at Westminster—he spoke to me about the punt—I then looked at it, and knew it to be my brother's.

WILLIAM SMITHERS . I am foreman to Mr. Bachelor, of Carolina-wharf. On 26th Jan. I was present when a barge of oil cake was unloaded there, and 189 bags were found in her—there ought to have been 212, according to the lighter note—I have seen the prisoner once or twice as a waterman.

Cross-examined. Q. Do you know whether any of this cargo was landed at Carolina-wharf? A. Not from the barge—there were forty-nine bags landed from the same ship, but not from the barge—I was instructed by my employers to tally the bags, and found 189—none of them were landed—we only turned them out of one barge into another, a Gravesend barge.

JAMES FEWSTER . I live at Market-street, Horseferry-road, Westminster. On Thursday morning, 24th Jan., I was at the White Hart, at Millbank, which is right opposite Horseferry-dock, cleaning some knives and forks, and saw the prisoner, whom I did not know, in the taproom, with my brother-in-law, between 7 and 8 o'clock—I went outside the house, and in again, two or three times—I know a man named Purver—he is a labourer, the same as myself—I was standing with him underneath the window, and the prisoner asked me if I had got anything to do—I said, "No"—he told me if I would unload that barge in the Horseferry-dock it would be a crown in my way—it was a punt, or small barge, and contained oil cake in bags—I told Purver what I had got to do, and he went to help me unload it—when I had consented, the prisoner went away, and came back in about five minutes, with a van, and a carman, and another man—the prisoner then employed two more men, and said that he would give them 1s. a piece—the four of us unloaded the barge, and put them into the van—there were about twenty-one, as near as I can remember—they weighed about 1 cwt. a piece—it took two of us to lift them off the gunwale of the barge—Flicker, my mate, got the money, and I got my money from him—I got a 2s. piece and a sixpence—that was for the four of us—the prisoner told me to give an eye to the punt and tarpaulin, and when he came to fetch it away at night he would give us the difference—the prisoner and the man went away with the van—I kept my eye on the punt till the Thames policeman came to me, on

Saturday, at 4 o'clock, and took possession of the punt and tarpaulin—it was I the same as I unloaded—I live close to the spot.

Cross-examined. Q. This was done quite openly? A. Between 9 and 10 o'clock in the morning—there was no concealment—I saw the tarpaulin—I saw one of the bags a little bit open, and saw that it was oil seed cake, but I never saw any before.

MR. PAYNE. Q. Did you afterwards see Mr. Smith with the punt? A. No—I gave it to the officer—I afterwards saw Mr. Smith's brother, who has been examined—I saw him at Westminster, and he saw the punt there—it was the same punt which I had taken the oil cake out of.

WILLIAM PURVER . I live in Vine-street, Millbank, Westminster. I was employed by Fewster to help unload the punt of oil cake—before I began to unload it, I saw the prisoner speak to Fewster—I did not see the van come up, I saw it there—I said to the prisoner, "Old fellow, how about the dock dues?"—he said he would see Morton by and by, and settle with him—Morton is foreman under Mr. Lucas, the doek master, at Horseferry Dock—Fewster employed me to lend a hand, and I did so.

GEORGE GRACE . I am a lighterman, and live in Millbank-street, Westminster. On Thursday morning, 24th Jan., I was at the White Hart public house, about 8 o'clock—I saw the prisoner there—we had something to drink together—I saw him again about a quarter to 9 o'clock; he came and asked me to lend him half a crown—I did not do it.

HENRY DYER (Thames policeman, 42). I took the prisoner into custody on 2nd Feb. at Ring James's-stairs, Shadwell—I told him it was for stealing twenty-three bags of oil cake on the Thursday week before—that would be 24th Jan.—he said he was not up there on that day, and did not know anything about it.

Cross-examined. Q. Did you mention the particular day to him? A. I did—I am sure of that—I have never been in any trouble of any kind—I was never tried for anything—I have always gone by the name of Henry Dyer—I was never tried in this Court—I was never in the House of Correction—I do not know a man of the name of Saurin—I know a person named Syer—there are two Syers—I saw John Syer this morning going over Tower-hill—Edward Sysr is my master's brother—I have never sent him to the prisoner since he has been in prison—I am sure I never was in prison, or ever tried in this Court.

MR. PAYNE. Q. Is there any pretence for saying that you have ever been tried or convicted? A. No—I have been close upon six years in the Thames police.

THOMAS GEORGE ROE (Thames policeman, 55). On Saturday afternoon, 26th Jan., I found a punt at the Horseferry, Westminster. Fewster had charge of it—he showed it to me—I took charge of it—this tarpaulin was in it.

WILLIAM GARDNER re-exaimned. This is my tarpaulin.

WILLIAM THOMAS BRYDGES (Thames police inspector). On Sunday, 27th Jan., I examined the punt pointed out to me by Roe—I found some oil cake sticking to the bottom—oil seed bags are tied at each corner by two ears, as they are called—I found this one at the bottom of the punt, and this other one I received from Smithers; they correspond.

WILLIAM SMITHERS re-examined. I got the ear that I gave to Brydges from one of the bags of the same cargo—not one of those on board the Martha—they were tied in the same way.

GUILTY.

(The prisoner was further charged with having been before convicted.)

THOMAS BENJAMIN WALKER (police inspector). I produce a certificate—

(Read: "Central Criminal Court, Feb., 1845; James Hurley, convicted of housebreaking, and transported for ten years")—I was present at the trial—the prisoner is the person.

GUILTY. Aged 30.— Confined Eighteen Months.

(Several witnesses deposed to the prisoners good character since the period of his former trial.)

Before Mr. Common Serjeant.

485. EMMA SALMON , unlawfully uttering counterfeit coin: to which she

PLEADED GUILTY . Aged 23.— Confined Nine Months.

486. EMMA COOPER and MARY LANE were indicted for a like offence.

MESSRS. CLERK and POLAND conducted the Prosecution.

CHARLES HANOPDAN . I am a furniture broker, and live in Park-road, Clapham. On 14th March I was in my shop, between 12 and 1 o'clock—the two prisoners came together to the door, Cooper purchased two china mugs for 6d.—she gave me 1s.—they stood three or four yards from the door—I should not have examined the shilling if Lane had not asked me if I could give Cooper a half crown for two shillings and a sixpence, but I saw that Lane had got three half crowns in her portemonnaie, and I told Cooper her friend could give it her—I directly put the shilling to my mouth, and found it was bad—I said it was bad, and Cooper gave me a good shilling, and wanted me to give her the bad one back, which I refused to do—they went away—I gave the bad shilling to a constable—he marked it, and I gave him a description of the prisoners.

Lane. You said before that Cooper had the half crowns. Witness. No, it was you had them, and you asked me to give Cooper half a crown for two shillings and a sixpence.

JOHN WRIGHT (police sergeant, A 42). I received information, followed the prisoners, and found them in Cold Harbour-lane—I took them to the station, and in the room there was a pile of blankets on two chairs—Lane sat down on them at the end nearest the door, and Cooper sat at the other end of them—they sat there three or four minutes—they were afterward! searched, but I was not present.

JANE STEPNEY . I am the wife of a policeman. I searched Cooper, and found on her a half crown and a shilling—I then searched Lane, and found 3s. 6 1/2 d. in good money—while I was searching her, she made towards the fire, and put her hand towards the fire—I moved round and saw a half orown lying on the tire—I took it off with the tongs—I looked at it—it was bad, and partly melted—when I saw her do it, I said, "What are you doing? you should not do this"—she said, "Don't take any notice, I will give you a shilling if you will say nothing about it"—I gave that half crown to the officer.

Lane. I said, "Don't take it off the fire, I will give you a shilling."

EDWARD STEPNEY (policeman, P 272). I was on duty at the station on the day these women were brought there—after they had been searched I removed the pile of blankets, and in removing them a half crown dropped from the folds of the blankets—I took it up—the prisoners were in the room at the time—the sergeant said to Lane he had a suspicion of her putting it there—she said, "You can't say it was me; you can't say which of us it was put it there."

WILLIAM WEBSTER . I am. inspector of coin to the Royal Min. This shilling and the two half crowns are all bad.

(The prisoners' statements before the Magistrate were here read as follows: Cooper says, "I know nothing of the half orowns; all I had was a shilling; I was not aware it was bad."Lane says, "I put the half crown into the fire, that is all I know; I know nothing about the other one at all; I was waiting against the door; a policeman touched the blankets, and the half crown rolled out; I did not put it there.")

COOPER— NOT GUILTY .

LANE— GUILTY. Aged 23.— Confined Six Months.

487. GEORGE GREEN, LOUISA WITTON, GEORGE JACKSON, JOHN KITCHEN , and WILLIAM BROWN , feloniously making counterfeit coin.

GREEN— PLEADED GUILTY .** Aged 28.— Six Years Penal Servitude.

MESSRS. CLERK and POLAND conducted the Prosecution.

JAMES BRANNAN (police inspector, G). On 15th March, I went to No. 1, Unicorn-court, Kent-street, Southwark—I was accompanied by the officers who are here to-day—on entering the court I saw a femalewith her head out of a window, who called out, "Here come the b——Copers"—that was a signal that the police were coming—when I heard that, another officer and I rushed into the street door, which was open, and proceeded up stairs—I was met on the second floor landing by Jackson, and another man who made hie escape by jumping out of the window—a desperate struggle ensued—I tried to keep them back—Brown came down stairs, and I tried to keep him—they all came from the top room—I met Jackson on the landing, close to the top room door—Brown returned back after I had struggled with him for some time, and he jumped clean over me and the man I was struggling with—I called for assistance, and sergeant Brannan came up, and he and Brown both rolled down stairs, and at that time Jackson gave me a violent kick in the right side—I struggled with him, and with a great deal of difficulty I succeeded in dragging him up stairs—I was then met by Kitchen coming out of the room—I pushed him back into the top room—we secured Jackson and Kitchen in one corner of the room, and with greet difficulty we handcuffed them—Briant then came up with another prisoner—on entering the room it was strewed with broken plaster of Paris moulds, and counterfeit coin—when I went into the room I saw Neville and Evans engaged—Neville had Green laid on the bed, and Evans was engaged with Witton—after we had handcuffed the prisoners, I commenced searching the room—I found several broken plaster of Paris moulds, a portion of which I produce—it is a mould for a shilling—I found about forty pieces of counterfeit coin in a tub which contained water, before the fire; and there was a ladle on the fire containing white metal in a fused state—there was a clear bright fire—the coins I found were all unfinished—on the table there were two files with white metal in their teeth, and a pair of scissors, and other things—I saw Green struggling with Neville, and I said to him, Now, Mr. Charcoal, don't give us any more trouble, you have given us enough already"—he said, "No, Mr. Brannan, I will go with you; I believe you are a man"—there were so many persons in the street, I was afraid of a rescue—I sent for assistance, and got the prisoners to the station.

Cross-examined by MR. PARRY. Q. Which room were the materials in? A. The top room, where the prisoners all came out—I saw them all come out of that room—there is a window on the landing on the middle part at the bend of the stairs—I do not know whether that house is A brothel—I did not go into any other room on that day, but I did before—I did not see

any other woman there but Witton—I distinctly saw Brown come out of that room, and it was the top room of the house where these material were found.

Cross-examined by MR. SLEIGH. Q. When you went to this house, were there men and women standing at the door? A. No; they saw us go in, and they followed us to the door—when J first saw Kitchen he was on the stairs coming out of the room—I was struggling with Jackson, and Kitchen was in the room—he came out of the room and I met him on the stairs; but previous to that he was struggling with Neville and Evans—Kitchen did not say that a woman brought him into the house just before.

Jackson. Q. You were not one of the first two that came up? A. No, I laid hold of you on the second landing.

JAMES NEVILLE (policeman, G 152). I was one of the officers who went to this house on 15th March, about 12 o'clock in the day—I and Evans were the two who went first up stairs—I went up to the top room on the second floor—as I went up, Jackson, Brown, and another man came out of the room and passed me—they rushed down stairs—I called out, "Stop them"—I went into the room, and on entering I saw Green, Kitchen, and Witton—Green and Kitchen were stamping on the plaster of Paris moulds and Witton was coming towards the door, holding something in her dress—I seized Green and Witton, and pushed them on the bed—I took charge of Green, and called Evans to take charge of Witton—I put my hand in Witton's dress and took out sixteen half crowns, thirty-two shillings, and sixteen sixpences—they are all here—I searched Green in the room, and found in his left hand pocket two half crowns and three sixpences, good money, and in his right hand pocket I found this purse, containing one good half crown, three good shillings, and four good sixpences, which I believe had been used for making moulds, by the glossy appearance of them.

Witton. Q. When you came into the room I was sitting on the side of the bed? A. No, you were coining towards the door.

THOMAS EVANS (policeman, G 140). I accompanied the other officers to Unicorn-court, I went up stairs with the last witness—before I got to the top of the stairs I met Brown, Jackson, and another man, who is not here—they went down the stairs—I entered the room and found Kitchen, Green, and Witton—Kitchen and Green were stamping on the moulds—I seized Kitchen and forced him to one corner of the room—I assisted Neville in taking charge of Witton—she said, "Well, you may as well take the lot," and she emptied from her gown this money—I picked up the mould that Kitchen was stamping on—it is a mould for sixpences of George the Third, 1816—I found twenty-nine shillings, twenty-one sixpences, and three half crowns.

JAMES BRANNAN (police sergeant, G 21). I accompanied the other officers to the house—I remained outside the house—I was called in to assist the inspector—I saw Brown leap over the bead of the inspector and the other man—Brown came against me, and we both fell down—I took him and handcuffed him—he said, "Halloo, neighbour! what is the matter? you have got hold of the wrong party."

BENJAMIN BRIANT (police sergeant, G 22). I remained outside when the other officers went in the house—I saw Brown and another man getting out of the window—the bricks came out and the wood work gave way—Brown went back—the other man got away—I heard a call—I went into the house and saw Brown and the last witness rolling down the stain—I stopped them—Brown kicked me several times—he was ultimately handcuffed

and taken up stairs to the other prisoners—I went up to the top room, handcuffed Jackson and Kitchen together—I heard Jackson speak in a whisper to Green, and say, "Get us out of it if you can"—Green replied, "All right"—I found three counterfeit sixpences on the floor.

Cross-examined by MR. PARRY. Q. Brown had been searched down stairs, had he not? A. I believe he had.

Jackson. Q. Where did you hear me say that to Green? A. In the room—he was standing right opposite you.

WILLIAM WEBSTER . The six sixpences of George the Third are all counterfeit, and from one mould—Neville produces the upper surface of the mould of these sixpences—this sixpence, found in the purse in Green's pocket, formed the mould—this sixpence, found in the tub, is from the same mould—here are a great number of other pieces, which are all bad—we have the patterns of them, though we have not the moulds.

WITTON— GUILTY . Aged 23.— Confined Eighteen Months.

JACKSON— GUILTY . Aged 22.— Confined Two Years.

KITCHEN— GUILTY . Aged 28.— Confined Two Years.

BROWN— GUILTY . Aged 38.— Confined Eighteen Months.

488. ELIZA ROSE and WILLIAM HEDGES , robbery on Henry Fox, and stealing, from his person, 6s.; his monies.

MR. SLEIGH conducted the Prosecution.

HENRY FOX . I reside in Park-street, Kennington, and am a painter. On the night of 23rd March I saw the prisoner Rose, and was induced by her to go to a house in Granby-street—I went up stairs into a room with her—it was just before 12 o'clock—we had not been in the house more than two minutes before she blew the candle out, and immediately I heard a knocking at the door—she went down stairs, and I went after—she opened the door, and let Hedges in—I could see him, and I have no doubt about his being the man—he struck me at the door—he said nothing to me; nothing passed—I do not know that they said anything to one another—it was all in such confusion—Rose went rapidly down the stain, and I after her—when I was coming down stairs I had 6s. safe in my pocket—I had 7s. 8d. when I was in Waterloo-road, and I had given Rose 1s. 6d. in the room, before she blew the caudle out—I had that 1s. 6d. in my waistcoat—the 6s. I had put into my trowsers pocket, and buttoned it—when Hedges knocked me down, I was knocked almost senseless, and I felt the hand of one of them at my trowsers pocket, but I could not tell whose hand it was—I felt for my money at the door, and it was gone—when I felt my money had been taken, I got out of the house, and ran down the street, and Hedges ran after me—he came up with me, about nine or ten houses down, and struck me again, and then I lost my senses entirely—that blow brought me to the ground—I do not recollect anything being said by either of them—I kept calling the policeman—I was not drunk—I had only had a pint of beer the whole evening—when I lost my senses, I was carried down to the station, and the doctor attended me.

Hedges. Q. When I knocked at the door, this young woman opened it; you said you had given her 1s. 6d., and you went out into the street. Witness. I did when I could—I kept calling, "Police!"—the blow you gave me first stunned me—I told the policeman you had ill used me, and that I had been robbed—I did strike you, and cut your lip open—that was in my own defence—I merely put my hand up to keep you off, and you struck me, and brought me down to the ground.

COURT. Q. Did the railway policeman come up? A. He was inside the rails—he saw me—I called out, "Police!"as loudly as I could call, and then 1 was knocked down—I went from the house to the railway, and he followed me—I should say it was about the distance of ten houses—I was knocked down senseless.

MR. SLEIGH. Q. When you struck this man, had he struck you? A. Yes, previously, several times.

JESSE DAY (policeman, L 168). I was on duty in Waterloo-road, at nearly 1 o'clock, on the Sunday morning—in consequence of Mrs. Miller's communicating something to me, I went to the top of Granby-street, which runs into the Waterloo-road—I found the prosecutor lying senseless on a stretcher, and four constables with him—I do not remember seeing Robert Collins, the railway policeman, there—in consequence of other information, I went to No. 73, Granby-street—I there found Hedges in bed—I told him he must get up, and go with me to the station, respecting a man who had been ill used in the street—I said, "You must go to the station, till the man comes to his senses, to see if he can identify you"—Rose had followed after me into the room, and, when I made that statement, she said, "He does not know anything about it"—she said that the man had given her 1s. 6d.—when I took Hedges to the station, the prosecutor was not sensible—it was after 2 o'clock before he came to his senses—when he did, I introduced Hedges to him, and he identified him, very shortly after he raised himself up, but he was some time before he came to himself—Rose was brought in afterwards by another officer, and the prosecutor identified her.

ROBERT COLLINS . I am one of the constables of the South Western Railway. Between 12 and 1 o'clock on that Saturday night, I heard cries of "Police!" in Granby-street—I saw the prisoner challenging the prosecutor to fight—I went out of the gate to see what it was, and saw the prisoner challenging the prosecutor—I believe the prosecutor struck the prisoner first, and with that the prisoner knocked him down—I saw that distinctly—the prisoner attempted to lift him up, and a bystander said, "Don't ill use the man any more, you have done quite enough to him"—the prisoner said, "As often as you get up, I will knock you down"—the man appeared in quite a senseless state—I sent a cab man for the police—Hedges said to the prosecutor, "You have got as much as you can put up with for half an hour"—the police afterwards arrived, and the prosecutor was taken on a stretcher to the station—I was called there between 2 and 3 o'clock, and I could identify the man—I heard the prisoner say, "If you have a mind for anything, come on: what were you doing in that house? what were you doing with that girl?"—it was then the prosecutor struck the prisoner in the face, and then the prisoner knocked him down.

COURT to HENRY FOX. Q. I asked you over and over again whether anything was said, and you said, "No;" you have beard what this witness has said? A. Yes—I did not hear that—I was sober—I had only had part of four pints with some others.

Hedges to ROBERT COLLINS. Q. When I challenged the prosecutor to fight, did he make me any answer? A. You kept talking one to another—you said, "What did you want in the house?" and he said, "You know well what I wanted—the prosecutor struck you—I did not hear him say, "Take that."

JUBY. Q. Was the prosecutor in a bad state? A. Yes—he appeared to have had a blow previous to the one I saw him have.

Rose's Defence. I own I put the candle out, because we should not be seen in the room.

Hedges' Defence. When I came to the door the prosecutor said he had given her 1s. 6d.; I said, "That has nothing to do with me;" he went out and called, "Police!"and a railway policeman came; he said if I said anything, he would punch my head; I followed him, and he turned and struck me, and said, "Take that;" I knocked him down, and then the cab man and the policeman came, and there was plenty of time for him to lose his 6s. there; I went home and went to bed; the policeman came, and I then went to the station; the prosecutor was not come to; he said he did not know me, he thought I was the man; I said, "Take care what you say;" he searched his pockets, and said he had lost 6s., he did not know where; the inspector said he would not detain me, but some one went for the railway policeman; he came, and said I was the man that struck him.

ROSE— GUILTY . Aged 23.— Confined Twelve Months.

HEDGES— GUILTY . Aged 26.— Four Years Penal Servitude.

489. RICHARD TAYLOR , stealing two sacks, value 4s.; the goods of the South Eastern Railway Company.

MR. CAARTEEN conducted the Prosecution.

JOHN IVERSON . I am the grain manager, at the Bricklayers' Arms station, of the South Eastern Railway. There is a warehouse there, appropriated to the grain sent up by our railway, where it remains until the consignees send for it—I have an office in that warehouse—the grain belonging to the different persons is deposited separately from each other—some beans were deposited in bin No. 18, belonging to Mr. Turner; they had been sent up by another party, and were purchased by Mr. Turner on the market—on Monday afternoon, 31st March, three empty sacks were placed near my office on two sacks of seed—one was quite a new sack, and the others nearly new—they were folded up—they were in a different part of the warehouse from where the beans wore—the prisoner came that afternoon with two other persona, and three carts for the beans—they drew up to the landing place where they are loaded—these sacks were three or four yards round a projecting corner; the prisoner could not have seen them without leaving his cart and going to a different part of the warehouse—I missed two of those sacks some quarter of an hour after I had seen them safe, and before the prisoner and the others had left the premises—I had occasion to send them to Dartford, and directed a porter to go and fetch them—upon finding they were gone, I went and spoke to Lovell, the officer on duty at the entrance to the station, and whilst I was with him the prisoner and the carts came up to go out of the station—I told the prisoner that I had lost two lacks, and I had suspicion that they were in the carts—he denied it—he said he only had his own sacks—I believe he said that twice—£instructed Lovell and one of my foremen to get on the top of the carts, and see if they could find them; but as they could not see them, the cans were taken back to the warehouse to be unloaded—the prisoner's cart was unloaded first—it was loaded with beans—after taking off three, four, or five sacks, I found one of the missing sacks placed in between two of the bean sacks at the side of the cart, so that they could not possibly be seen without unloading the cart—I think there were also one or two old sacks at the tail of the cart—this is the sack (produced), it is not the new one—I have no doubt it is one of those I missed, from the appearance of it—it is not at all like the other sacks which he had in his cart, they were old, and

much used and branded—we then proceeded to examine the second cart—I found nothing in that—on the top of the third cart was a fodder bag, with horses' food in it—I examined that, and in it found the new sack, tied up—that cart was in charge of one of the prisoner's companions named Palmer—upon finding the first sack, I asked the prisoner how it came there—he said he did not know, it must hare been thrown up with the other sacks—I asked how the second sack came in the fodder bag, and they all denied knowing anything about it—the prisoner said he knew nothing of it, he did not know how it came there—I was then about to give the prisoner and Palmer into custody, and after some little demur, the prisoner said he had taken up the sack, and seeing it was a clean one, he had put it into the sack with the fodder, thinking it was his own—I then let Palmer go, and gave the prisoner into custody.

BENJAMIN LOVELL . I am a constable, belonging to the South Eastern Railway. I was on duty at the entrance to the station on the afternoon of 31st March—Iverson came to me, and shortly afterwards the prisoner came up with three carts—I saw them unloaded and examined, and the sacks found—when the first was found, the prisoner was asked how it came there, and he said it must have been thrown up with the others in a mistake—when the other was found, he said he knew nothing about it—he afterwards said, "I put it in there, seeing it was a clean one, thinking it belonged to us."

CHARLES JESTY . I am a porter, in the grain warehouse. These sacks belong to some one at Dartford—I saw them on the afternoon of the 31st, they were lying on some sacks of seed, about three or four yards from where the prisoner's carts were being loaded—he must have gone round the corner to get them—they are not at all like any he had in his cart.

ALFRED PALMER . I am a carter to Joseph Willis, of Hounslow. On the afternoon of 31st March I went with the prisoner and a lad to the Bricklayers' Arms Station, to get some beans—I did not take these sacks; the sacks we had were old sacks, with a black mark on them—one of these sacks was found in the corn sack at the top of my cart—I did not put it there, and do not know who did.

Prisoner's Defence. I was employed on this day to come along with this man with a one horse cart after these beans; there were two bundles of sacks shot out on the platform, spare sacks, and they were chucked on to the cart again; I did not know whether they belonged to the man we fetched the beans for, or not; and seeing this was a new sack I put it in the corn sack to keep it clean.

ALFRED PALMER re-examined. The prisoner was not a regular man—he only came for that day—our young man had left, and master sent me to the Coach and Horses to see if I could get some one to go in his place, and I found the prisoner—master asked him if he would go, and he said, "Yes"—we were going to return back to the same place—we should have had to unload at master's—I should have been sure to have found the sack when I gave my horse food.

NOT GUILTY .

ADJOURNED TO MONDAY, MAY 12TH 1856.

ERRATA.—Page 735, Case 442, Edward Clark; for "Confined One Month," read "Confined Fifteen Months."