Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 22 October 2014), August 1866 (t18660813).

Old Bailey Proceedings, 13th August 1866.

CENTRAL CRIMINAL COURT

Sessions Paper.

PHILLIPS, MAYOR.

TENTH SESSION, HELD AUGUST 13TH, 1866.

MINUTES OF EVIDENCE,

TAKEN IN SHORT-HAND BY

JAMES DROVER BARNETT

AND

ALEXANDER BUCKLER,

Short-hand Writers to the Court,

ROLLS CHAMBERS, No. 89, CHANCERY LANE.

THE POINTS OF LAW AND PRACTICE

REVISED AND EDITED BY

EDWARD T. E. BESLEY, ESQ.,

OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.

LONDON:

BUTTERWORTHS, 7, FLEET STREET

Law Publishers to the Queen's Most Excellent Majesty.

THE

WHOLE PROCEEDINGS

On the Queen's Commission of

OYER AND TERMINER AND GAOL DELIVERY

FOR

The City of London,

AND GAOL DELIVERY FOR THE

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

OF THE

CENTRAL CRIMINAL COURT,

Held on Monday, August 13th, 1866, and following days,

BEFORE THE RIGHT HON. BENJAMIN SAMUEL PHILLIPS, LORD MAYOR of the City of London; Sir HENRY SINGER KEATING, Knt., one of the Justices of Her Majesty's Court of Common Pleas; THOMAS CHALLIS, Esq.; THOMAS QUESTED FINNIS, Esq.; and WILLIAM LAWRENCE, Esq., M.P., Aldermen of the said City; the Right Hon. RUSSELL GURNEY, Q.C., M.P., Recorder of the said City; WILLIAM FERNELEY ALLEN, Esq., ROBERT BESLET, Esq., and SIDNEY HEDLEY WATERLOW, Esq., Aldermen of the said City; THOMAS CHAMBERS, Esq., Q.C., M.P., Common Serjeant of the said City; and ROBERT MALCOLM KERR, Esq., Judge of the Sheriffs' Court; Her Majesty's Justices of Oyer and Terminer and General Gaol delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.

SILLS JOHN GIBBONS, Esq., Alderman

JAMES FIGGINS, Esq.

Sheriffs.

HENRY DUFFETT, Esq.

CYRIL MORTIMER MURRAY RAWLINS, Esq.

Upper-Sheriffs.

CENTRAL CRIMINAL COURT.

PHILLIPS, MAYOR. TENTH SESSION.

(*) A star denotes that the prisoners have been previously in custody/—two stars(**) that they have been more than once in custody/—an obelisk† that they are known to be the associates of bad characters/—the figures after the name in the indictment denote the prisoner's age.

LONDON AND MIDDLESEX CASES.

OLD COURT.—Monday, August 13th, 1866.

Before Mr. Recorder.

659. HENRY CHAMBERS (45) was indicted for wilful and corrupt perjury.

MR. SOLICITOR-GENERAL and MR. POLAND conducted the Prosecution, MR. SLEIGH and MR. M. WILLIAMS the Defence.

HENRY CARPENTER . I am a clerk in the Crown Office—I produce the writ of the election for the borough of Maidstone, and the return to it—the election took place on 12th July, 1865—the return shows that Mr. Lee and Mr. Whatman were elected members—I have the poll books here.

WILLIAM GINGER . I am a clerk in the Journal Office, House of Commons—I produce the journal, and the original petition presented against the return of Mr. Whatman and Mr. Lee for the borough of Maidstone—the petition was referred to a Select Committee, upon which, on 16th April, the Hon. Charles Wentworth Howard, Alexander Dundas, R. W. Baillie Cochran, Esq., Sir Francis Crossley, Francis John Saville Flambé, Esq., and Clare Sewell Read, Esq., were sworn.

Cross-examined by MR. SLEIGH. Q. Be kind enough to point out in the journal any entry setting forth the fact that the Committee ever did sit? A. That will not be in the journal; the Committee clerk will tell you that; that would be in the Minutes of Committee.

CHARLES FOSTER . I am a clerk in the House of Commons, and was clerk to the Select Committee for trying the merits of the Maidstone election petition, which met on the 17th April—the prisoner was examined on the 18th—I swore him.

THOMAS EDWARD WILMOT KNIGHT . I am a short-hand writer—I was present part of the day on 18th April at the Maidstone election petition—I Produce my original notes of, the prisoner's evidence—this printed copy is accurate—I have compared it with my notes. (In this evidence the prisoner stated that Mr. Lee and Mr. Whatman came to his premises about ten o'clock

in the evening of the Thursday or Friday before the election week; that Mr. Whatman asked him for a vote, and he told him he could not vote for him; that Mr. Whatman said, "Will 30l. or 40l. be of any use to you? which he declined, saying that if he voted at all it would be for the Conservatives; that Mr. Whatman took some money out and said, "There, get something to drink with this; it will do you good; "and that upon his refusing to take it Mr. Lee said, "If he will not take it from you he will take it from me," and put something into his slop pocket, which he afterwards found to be two sovereigns.)

JOHN WHATMAN, ESQ ., M. P. I am one of the members for Maidstone—I was elected in July last year—a petition was presented against the return—the Committee reported in my favour, and I am now the sitting member—Mr. Lee is my colleague—I represented Maidstone in 1852, and was member for the county at the following election—I live a short distance from Maidstone, and am well known there—I heard the defendant examined before the Committee of the House of Commons, but cannot say whether I canvassed him or not—I have no recollection of it—the constituency is about 1800—we canvassed the majority of them for several days—I did not know the prisoner by sight at all, or remember him when I saw him in the Committee room—it is not true that on Thursday or Friday before the election I went to his forge between ten and eleven at night with Mr. Lee, or on any night, nor did I on any occasion say to him, "Will 30l. or 40l. be of any use to you?"—he did not say, "No, if I do vote I shall vote for the Conservatives"—Mr. Lee never said anything of the kind in my presence—I never promised the prisoner a sum of money directly or indirectly—I did not take a sum of money out of my pocket and offer it to the prisoner, and say, "Here, get something to drink with that; it will do you good," nor did Mr. Lee say, "If he will not take it from you he will take it from me, I have had a little talk with him before"—nothing of the kind occurred—Mr. Lee did not take any money from me and say to the prisoner, "You are a hard working man; you will find use for that in your family; take it and get something with it," nor anything to that effect—Mr. Lee did not in my presence take any money and put it into the prisoner's slop pocket on the Thursday or Friday before the election, or at any other time—I never gave the prisoner any money for any purpose whatever—his evidence given before the Committee is entirely untrue—I never during the election gave any money to any voter, or promised any, nor did Mr. Lee in my presence to my knowledge.

Cross-examined by MR. SLEIGH. Q. Was the nomination on Tuesday and the election and polling on Wednesday? A. Yes—it was in July, and I began my canvas either in May or June—I did not become more vigorous and more constant as the election approached; the canvas was over before that—I do not think I canvassed a great many people the week preceding the election—the canvas was, I think, carried on principally previous to that—I do not think I was in Maidstone every day the week before the election—I did not attend a ward meeting every night in the week before the election—I do not recollect attending a ward meeting held at the "Sun" public-house on the Thursday before the election—I do not recollect the nights on which the ward meetings were held—they were not held every night I am quite sure—I cannot tell you whether there was one on each of the five nights—there were a great many more than I liked—I may very probably have attended a meeting of my supporters on the Thursday before the election, but I do not recollect it in the least—I do not recollect attending a ward meeting of my supporters also on the Friday

night before the election; I cannot tell—I have understood that there was a ward meeting at the "Sun" tavern, but I do not actually remember the name of the house—there were several of these meetings at which I addressed the electors, but where they were on each night I cannot tell—the "Sun" tavern is in High Street—we had no committee rooms but one—I addressed meetings at different parts of the town at public-houses—they were ward meetings, not committee meetings—there were certainly not twelve committee rooms to my knowledge, I do not think there were six, nor four—I will not swear anything about it—I told you I believed we had but one—we have paid for the use of some rooms used for the ward meetings, and they are called in the bills committee rooms, but they were not committee rooms—I have since ascertained that Pudding Lane is the lane that Chambers's forge is in—the "Sun" is pretty nearly opposite the end of Pudding Lane, in High Street—Chambers's forge is at that end of Pudding Lane—I never canvassed alone in the town—I drove in my carriage before a meeting to the house of another Chambers, but he was not at home—that was the only occasion on which I went alone—I am quite sure I never canvassed any elector alone in the town—I do not recollect the name of John Richards, an elector, in the employ of the South-Eastern Railway (George Richards was here brought into court)—I do not recollect him, or canvassing him—I will not say that I did not—I can positively say that the week before the election, and about the middle of the week, at two or three o'clock in the afternoon, I did not call at his place alone and canvas for his vote—I think I was asked to go to one of these people in Prospect Place, if that is in the West Borough, and I remember riding on horseback to a house there—I do not consider that to be in the town, but there was somebody with me, whether it was a servant or who I do not remember—it is very possible that I asked one of the family who came to the door if Mr. Richards was at home, and that the man who has just been in court came out to speak to me, but I do not remember it, and it is extremely improbable that it occurred—I do not remember saying to that man, "You have already been canvassed, but I have not heard that you have promised anybody yet; you will vote for me"—I will not under-take to swear that I did not, or that he did not say, "Sir, I have made up my mind, and I cannot vote for you," but if anybody said that to me I always said, "Then keep your promise"—the ward meetings terminated about ten o'clock or soon after—I do not recollect where I was between ten and twelve o'clock on the Thursday night previous to the election—I was not examined before the Election Committee as to these particular days you are speaking of—I do not know Richard Coker, a voter, who is employed at the South-Eastern Railway stationmaster's room (Coker was here brought in)—I know that person, but should not know him by name—I do not recognise him as a person who does duty on the South-Eastern Railway—it is very possible that in the week before the election, at the Maidstone Station, about eleven o'clock in the morning, I asked him if he would vote for me, but not when I was alone; we went there to several of the railway men—I said before the Election Committee that I never was alone, and that there was never so few as one person with me, and that I did not. recollect any occasion when only one person was present—it is very possible that I was walking into the station with Mr. Charles Arkoll, and that I addressed Coker and asked him for his vote—I recollect walking into the station with Mr. Arkoll when there was nobody with me—I had totally forgotten the circumstance at the examination—I do not recollect

going into one of the rooms belonging to the superintendent of the station with Mr. Arkoll—I will not undertake to say whether any other persons were present—after the ward meetings I invariably went home, except on one occasion, when I had to wait half an hour—I cannot tell you where I was on the Friday night at ten o'clock.

COURT. Q. Do you remember what you did after the ward meetings at the "Sun?" A. I went home—this was not on either of the occasions after a meeting at the "Sun"—it is in the West Borough, a long way off.

MR. SOLICITOR GENERAL . Q. Is Prospect Place, West Borough, in the town? A. I never considered so: it is an outskirt—it is a collection of houses, built near the railway, and more or less detatched and scattered.

WILLIAM LEE, ESQ. , M. P. I am the sitting member for the borough of Maidstone—I live at Aldborough, in Kent, about seven miles from Maid-stone—I have lime and cement works in Kent—I was elected member for Maidstone in 1853, and again in 1859—at the general election I stood again in the Liberal interest with Mr. Whatman, and was elected—I never directly or indirectly offered the prisoner any money to vote for me and Mr. Whatman—I never said to him that if 20l. or 30l. was of any use he could have it—I never went to the prisoner's forge between ten and eleven at night—I never canvassed after six o'clock—I might have called at his forge, but I never was alone in his forge with Mr. What-man, and certainly not so late as ten or eleven at night—it is not true that Mr. Whatman said to the prisoner, "Are 30l. or 40l. of any use to you?" nor did he take out any money and say to the prisoner, "Here, get something to drink with this; it will do you good;" nor did I say, "If he will not take it from you he will take it from me"—I have had a little talk with him before—I did not take some money from Mr. Whatman, and say to the prisoner, "You are a hardworking man; you will find use for this in your family; take it and get something with it;" nor did I then place two sovereigns, or any other sum into his slop pocket, or any pocket—I heard the prisoner describe, at the House of Commons, the interview with us—that was untirely untrue—I went canvassing with Mr. Whatman and several of the leading persons of the place.

Cross-examined by MR. SLEIGH. Q. Did you usually attend the meetings of the constituents of an evening? A. We had four meetings, one in each ward, and I attended all of them—that was the week before the election—Mr. Whatman attended likewise—I remember attending a meeting at the "Sun," at the top of Pudding Lane, but I do not know whether it was on the Thursday before the election—I am not quite sure whether it was Friday—there was generally a day intervening—it was coming close to the day of action, and business became a little more brisk—I will not undertake to say that I did not attend two meetings at the "Sun," one on Thursday and one on Friday—we used to meet at eight o'clock till ten—I live out of Maidstone, but I had private lodgings in Week Street—I do not know that any of the members of the committee ever came there—we used to meet at the joint agents for me and Mr. Whatman in High Street—I do not think I ever went there after the ward meetings—they were over at ten o'clock or a little after, and we used to separate then and each go home—on the Thursday night before the election I went home to my lodgings after the meeting—I lodged in the town during those nights and went straight home—I can-not tell who accompanied me on that night or Friday night—we used to walk through the town two or three together—there were generally 70 or 80 people in the room—I never canvassed any single voter alone, I am

pretty well convinced—I said before the Select Committee that I never did, and I do not think I have—I know James Jowett, the tobacconist—I believe he voted against us—I did not the week before the election go to him alone and press him as an old friend to give me his vote—I called with other gentlemen, who went into his shop—I might go in and they might stand at the door—I never called and canvassed him unaccompanied by any person—I know his brother Thomas and the whole family—I did not call on Thomas alone and canvas him for his vote three or four days before the election—I may have canvassed him, but I do not know where he lives.

MR. SLEIGH called the following Witnesses for the Defence:—

ABRAHAM HAWKINS . I live on my property at Maidstone—a few nights before the election I was at Mr. Smith's public-house, in Pudding Lane—I do not recollect the sign, as it has been altered—I was there from eight till nine in the evening—I know Messrs. Lee and Whatman—I saw them both coming out of a forge or blacksmith's shop in Pudding Lane, kept by Mr. Chambers, the defendant—I made an observation to Mr. Smith and Mr. Brown—on another occasion, previous to the election, I was going through Pudding Lane with Mr. Brown—I think it was before ten o'clock—I saw Chambers in his forge and some gentlemen talking to him—I cannot swear whether it was the members—there were two or three gentlemen—they had a respectable appearance, but at ten o'clock at night in June it is dark—on the other occasion I saw them coming out of the forge, and am certain it was Messrs. Lee and Whatman.

Cross-examined by MR. SOLICITOR-GENERAL. Q. Where do you live? A. In the Bexley Road, Maidstone—I was inspector in the King Street ward, on the opposite side to the sitting members—I was a witness before the Parliamentary Committee in 1859, when Mr. Lee and Mr. Buxton were returned—I was not particularly a witness against them, I deposed to a certain fact—I stated that there was a committee opposite my house, but there is such a different opinion about committee rooms that it is liable to contradiction—I cannot say whether it was contradicted—the Committee seated Mr. Lee and Mr. Buxton—I was in London at the time of the trial of the petition, the day it commenced and the next day, not the whole time—I was there when Chambers was examined, but was not in the committee room at the time—I did not know that he was to be examined, but I knew afterwards that he had been—before the case was over I saw in the newspapers that Mr. Lee and Mr. Whatman were examined—I was not up in town as a witness—I had nothing to do with the petition at all—I merely went up, like a great many others, to see and hear how the petition was going on—I did not watch the evidence, I was only present occasionally—I was in and out—I was not minutely attending to the evidence given—I had no other business in London, but I did not attend to the evidence particularly, because I had nothing to do with it, and I did not give evidence—the whole town of Maidstone took an interest in it—I was partly in the room when Chambers was examined, at the commencement I think—I cannot say that I heard him give evidence with respect to Messrs. Lee and Whatman being at his forge, I gathered it from the newspapers—I did not see a "slip" of the evidence every night—I saw the printed sheet which the Maidstone Journal published—I bought it at the office of the Maidstone Journal—I saw the evidence day by day as it was given—Mr. Goodwin, the Conservative agent, acted under the petition, I believe—I took no part in obtaining witnesses to be examined—I was

opposed to the petition from the first; I thought it ought not to be presented, but it was a matter of perfect indifference to me—I received a guinea for my services as inspector, the usual fee—the others were paid the same for the King Street ward—the ward is divided into four compartments, and each inspector has a book containing the names of the registered freemen and electors, and they have to see that no one comes up who is not registered—for that I received a guinea—I have no occupation—I was articled to the law fifteen years ago—I have no occupation at present—I live on my property—to the best of my belief, it was between eight and nine o'clock in the evening when I saw Mr. Lee and Mr. Whatman—I cannot be positive that it was as late as eight—I will swear it was as late as seven, because I did not go into the house till nearly eight—I think it must have been later than six—I am certain it was, and to the best of my belief it was much later—I will not swear that I saw Mr. Lee and Mr. Whatman later than six in Pudding Lane, it was the evening part—I had no communication with Mr. Goodwin before the petition came on—I may have spoken to him—I did speak to him, but only casually, not upon any evidence—I do not take upon myself to say the exact nature of the conversation.

Q. Will you take upon yourself to say that you only spoke to him casually? A. Well, not upon the nature of the evidence, because I did not know the evidence, I only knew one case, and that was notorious through the town—I knew the evidence day by day—I cannot say positively that I did not take a witness to Mr. Goodwin during the petition—I cannot recollect having a conversation with Mr. Goodwin about the evidence that had been given, or taking him a witness to be examined—I cannot swear that that did not occur—I cannot recollect taking him a witness before the petition commenced—I will not swear that I did not—I did not have a conversation with him as to the nature of the evidence, but it was perfectly notorious all through the town that one witness, Mr. Kirby, was to be examined—I cannot say that he took an active interest on the Conservative side—he did not come up with me—I did not come up in the same train as he did; but I saw him in London in the Committee room—he does not take a particular interest on the Conservative side—I saw two or three gentlemen in the forge, to best of my belief; there were not six—I will not undertake to say that there were not five, or to say the exact number—it was ten o'clock in the evening—I do not understand this line of examination, it is not fair—I had not a view of the whole of the forge—there were a good many people, two distinct parties, about Maidstone canvassing—the borough is divided into two separate parts, as nearly every borough is, and the candidates and their friends go round in a canvassing party—the numbers vary; sometimes there are 20 and sometimes 25, and sometimes only four or five, or less—I never made a statement to the effect that I have now while the Parliamentary Committee was sitting, because I did not know that Mr. Chambers would give evidence—he was examined the second day, and I was there—I did not see the printed paper at night when I was in London—I got it on Wednesday, when the petitioner's case had closed—I made no statement while the petition was pending, to the effect of what I have said to-day, but it struck my mind that I could—I believe the prisoner was the first man who was examined on Wednesday, the 18th—I was not there in time to hear the whole of his evidence, and on the following morning you will find the petitioners' case closed—I first made a statement similar to what I have made now last week, but I had

stated it verbally prior—I first stated it when the petition was going on, not before the petition—(I did not understand the nature of Chambers's evidence; I did not know he was going to be called)—I did not state it to Mr. Goodwin, but I stated it publicly in Maidstone to a few friends—that might be the Friday or Saturday after Chambers was examined, I cannot now charge my memory; the election is now more than 12 months ago—the petition was in April this year—I mentioned to a few friends that I thought I saw, to the best of my belief, Messrs. Lee and Whatman coming out as I described—I said on the first occasion that I could not tell who the parties were—I say that, to the best of my belief, I saw them coming out—I was certain about them then in my own mind, and I swear now that, to the best of my belief, I saw them coming out—I have lived in Maidstone a great many years, and know them—I was a witness against Mr. Lee seven years ago, and I knew him and Mr. Whatman perfectly well—I will swear that I spoke to them on the first occasion that I saw them, and yet I will not say more than to the best of my belief—it was some time before the election that I saw them in Pudding Lane—I made no memorandum of it—I mentioned it to several friends after the petition, as I thought it was important—I swore just now that it was not of sufficient importance for me to give evidence—I mentioned it in casual conversation to a few friends—the time when I believe I saw them was some short time prior to the election—I made no memorandum of the time—it was not a fortnight before the election—I cannot state positively, you are taxing me too fiercely—it was not the day before the election, it was ten days or a fortnight before—to the best of my belief, that was the first occasion.

MR. SLEIGH. Q. You were asked if you were examined on a former occasion on some petition; is there any pretence for suggesting that you uttered one word that is not true? A. I think not—on the first occasion, when I saw Messrs. Lee and Whatman at the forge, they were coming out of the forge—that was the evening I saw Mr. Brown—he said, "I have just come from the house, and Lee and Whatman are gone into Chambers's forge," on that I and Mr. Smith looked out at the window and saw them come out of the forge—I knew them by sight, and have no doubt that the two persons who came out of the forge were Messrs. Lee and Whatman, now sitting on the bench—Chambers was examined on Wednesday—I did not go down to Maidstone on Wednesday evening—I did not come up to town again—it was the next day (Thursday) that I read the account of what Chambers had said—I was not five minutes in the committee room during Chambers's examination—what I read in the papers was the first I heard of it—I did not mention it to any one in Maidstone on Thursday, not till I heard the evidence of Mr. Whatman and Mr. Lee—Mr. Whatman was examined one day and Mr. Lee the next—it was mentioned at Maidstone the same evening—I read their evidence partly on Thursday, but I read it on the Friday—it was either on Friday or Saturday that I said something about the evidence of Mr. Lee and Mr. Whatman—Mr. Goodwin was solicitor to the petitioners—from the time I left home on the Wednesday evening I had no communication with him—I called at his office on professional business and saw Kirby there; that was before the petition was presented—I did not take Kirby there; I had nothing to do with him—he happened to be in Mr. Goodwin's office when I called.

JOSEPH BROWN . I am an implement maker of Maidstone—about eight or nine days before the election I was in Pudding Lane—I saw Messrs.

Lee and Whatman half-way up the lane—I followed them through the lane—they were coming from Earl Street towards the "Sun"—it was between eight and nine, nearly nine—they did not pass me—I followed them till they came opposite Mr. Chambers's shop, and they stopped and went in directly—I saw them go in—I knew them by sight perfectly well, and have no doubt whatever that they went in—I went into Smith's beershop, Pudding Lane, perhaps five or six yards from opposite Chambers's forge, on the other side of the street—I saw Hawkins there—I had passed the forge to go to the public-house—I saw them go in and saw them in there, but I did not see anything of the defendant at that time—I did not wait a minute—two or three days after that, at night, I saw Messrs. Lee and Whatman in Pudding Lane—Hawkins was going home with me, and I saw them in the forge talking to Chambers, who was standing close by the anvil, but he was not at work while they were talking—I did not stop scarcely half a minute—I can speak positively that Mr. Lee and Mr. Whatman are the two, and I saw Mr. Lee at Chambers's forge between four and five o'clock one afternoon—I did not notice Chambers—I saw Mr. Lee come out of the forge—my place of business is about 200 yards from Chambers's forge.

Cross-examined by MR. SOLICITOR-GENERAL. Q. Did you take much interest in the election? A. No—I did not come to town at the time of the petition—I did not look at the accounts from day to day—I did not take an active part in the election or attend committees on the Conservative side—I know Smith's beershop in Pudding Lane—I never attended committees there—I do not know whether that was one of the Conservatives' committee rooms—on the second occasion that I saw Messrs. Lee and Whatman Hawkins was with me; we were going home together, and at the end of the street he went one way and I the other—we were together when we saw them, and I called his attention to them, and said, "They are working that man's inside out"—we were on the pavement, which is a sort of threshold of the shop, and about the distance I am from you—I cannot say whether we stopped half a minute—it was night, and the light was not so bright as it is now; it was firelight—Hawkins knew them as well as I did, and he could see them as plainly as I could and a little better, because he had better sight perhaps—my sight is very good, but he is younger—this was, I think, five or six days before Tuesday, the nomination day, not more—I cannot tell you whether it was the Tuesday or Wednesday before—I had come home by train—I made no statement at the time the petition was going on—the first statement I made was to Mr. Goodwin not more than a week ago I think—I mentioned it to others—I cannot tell you whether I mentioned it two months ago—there was a general talk about it—I cannot tell you the person to whom I first mentioned it—there were no other persons in the forge on the second occasion that I saw, only Chambers, unless they were hidden behind the bellows—I had a view of the forge—I was about the same distance as I am from you, and the fire was burning—it is open to the street, so that anybody can see—I did not notice any persons about—I did not see Mr. Lee or Mr. Whatman about the lane with persons canvassing—it was not as early as eight o'clock the second time, it was between ten and eleven—it was not as early as ten—I will venture to swear I did not see them in Pudding Lane as early as six; it was later than eight, I call it between eight and nine—I have not agreed with Hawkins that it was between eight and nine—he did not know what I was going to say, and I did not know what he was going to say—we came up together about this business, but had no conversation about what we were

going to say—my examination as to what I was going to say was taken down about a week afterwards at Mr. Goodwin's, it was about seven o'clock—Hawkins was there, he came out of Mr. Goodwin's room as I went in—I did not go there by appointment—no one asked me to go—I went to give an account, and that was a convenient time—I had no conversation with Hawkins—I have never had any conversation with him as to what he could say, except what was said the night when we were going home.

MR. SLEIGH. Q. You say that you never mentioned this to any person until after reading the account in the papers, and then you say that there was a general talk in the town? A. Yes, as to what Chambers had sworn, and as to what the members had denied.—I talked about it then for the first time—when people met at public-houses there was a talk about what had happened before the Committee—there were bills put up, "Where is lying Jimmy?"—in general talk I stated substantially what I have told you to-day—I have only once seen Mr. Whatman canvassing alone—he was then in his carriage, and only his coachman with him—I saw him get out of his carriage and go to Joseph Chambers's door—a bricklayer and his wife said that he had just gone out—I remember it because I had been in the country, and I arrived at Maidstone by train about half-past nine—I went home and came out again, that causes me to know that it was past nine considerably when I got there—I close my business about half-past five—I knew that Mr. Goodwin was getting up the evidence in this case, but I do not know who told me—I went there after my business was over to state what I had seen—I do not recollect Mr. Goodwin or any one applying to me to go there and make a statement—I came forward and volunteered myself as a witness.

WILLIAM DIPROSE . I am a cutler, and reside at Maidstone—I know the defendant, he is a blacksmith, and I live opposite his forge—I know Mr. Lee and Mr. Whatman—I saw them at Chambers's forge three times before the election, once about eleven o'clock, and next day they came between five and six in the evening, and the latest time was about nine o'clock—that was about five or six days before the election—I was examined before the House of Commons—I know Mr. Lee well by sight—I know Mr. Whatman very well when I see him.

Cross-examined by MR. SOLICITOR-GENERAL. Q. I suppose you voted for him? A. No; I do not vote blue—it was eleven o'clock in the morning when I saw them there, not eleven at night—there were five or six persons with them—they were going through the lane and canvassing each one that had got a vote—sometimes there were twenty or twenty-five persons with them—Chambers was not at home at that time, he was down at his house I believe—that was five or six days before the election, and the next time was four or five days before it—I cannot tell you the exact day, because I made no memorandum—I did not think I should be called—I was called before the Committee, but I paid no attention to the time, it did not concern me—the first time was between five and six in the evening—it was past five—only one or two people were with them—I should know young Mr. Day, I did not know the other gentlemen with them—it was a canvassing party—they would take anybody down that would give a vote—I saw William Day, jury., go into the forge, but not more than once—he was with Mr. Lee and Mr. Whatman—that was the next day evening—I saw them go in—I did say before the Committee I did not see them go in, and I did not the first time—I saw them go down to the house and then come back again to though forge; being a little hard of hearing, perhaps

I misunderstood the question—I do not know whether I answered to the effect that I did not see them go to the house—there might have been something written wrong—they did not appear to be a canvassing party going round the last time—they all went into the forge; Chambers was there—I did not notice what they were doing—I am eight or nine yards off; his forge is on the opposite side, but I could see them go in and come out—they were in ten minutes or thereabouts—at the time my boy shut up the shop it struck nine, and they had just come out of the forge—I know Hawkins—I did not see him or Brown that evening.

BELITHA HARRIS . I am the wife of Charles Harris, of Maidstone—I know the defendant—his forge is seven or eight yards from us, on the opposite side of the way—a few evenings before the Maidstone election in July, I was in my bedroom, which is opposite the forge and looks into Earl Street, the clock struck nine shortly afterwards, and I saw Messrs. Lee and Whatman coming in the direction of Earl Street, arm in arm in the middle of the road—Earl Street leads into Pudding Lane—when they got to the forge they made a stop, and Chambers came to the edge of the forge with his shirt sleeves tucked up; the two members walked into the forge out of my sight—I cannot say how long they were there, I had no watch, but it was a short time—when they came out they passed by my house into the High Street—I saw them canvassing during the election, and Mr. Lee came and canvassed my brother, who was not at home, and he said that Mr. Whatman was knocked up—I am sure that the Mr. Lee who went into the forge was the same Mr. Lee who came and asked for my brother's vote—I never spoke to Chambers in my life, but I know him.

Cross-examined by MR. SOLICITOR-GENERAL. Q. Do you know Hawkins? A. No—I only know Brown by sight—I never met him at Mr. Smith's, and never spoke to him till this morning—Mr. Goodwin came to me last week—he merely asked me if I knew anything about it, and I said that I saw the two members go into the forge—there were sometimes twenty people with them, but there was nobody on that evening, only their two selves—they were quite alone—I did not say that they were ten minutes in the forge—it was not half an hour—I cannot say whether it was twenty minutes.

MR. SLEIGH. Q. My friend asked you whether you ever mentioned anything about the matter till you mentioned it to Mr. Goodwin; have you got a husband? A. Yes—I read it in the papers, and I said to my husband, "I wish I had been there to contradict Mr. Whatman's statement, for they were there, and it was wrong."

JAMES DENTON . I am a member of the firm of Maynard & Co.—we acted as solicitors for Mr. Brett in advising him in the proceedings—previous to the prisoner being called before the Committee as a witness he communicated to me what his evidence would be, and I told him that if his statement was not believed by the Committee of the House of Commons it would be fatal to the petition, and that if Messrs. Lee and Whatman went into the box and denied its truth it was probable he would not be believed; and further, that if the Committee did not listen to his evidence it was certain there would be an indictment against him; and I cautioned him against the danger and told him to consider well what he was about.

Cross-examined by MR. SOLICITOR-GENERAL. Q. Who brought him to you? A. Mr. Goodwin; Mr. Brett wished we should review all the evidence, and Mr. Goodwin brought the witnesses to us, and I saw them

and weighed their evidence—I have no doubt that Mr. Goodwin was present when I mentioned that.

NOT GUILTY ..

NEW COURT.—Monday, August 13th, 1866.

Before Robert Malcolm Kerr, Esq The following prisoners PLEADED GUILTY:—

660. MARY ANN POWELL (33) , to unlawfully and knowingly having in her possession three counterfeit florins, with intent to utter them.— Confined Twelve Months . [Pleaded guilty: See original trial image.]

661. JAMES HILL (14) , to feloniously forging a cheque for 5l., with intent to defraud.— Judgment respited .

662. HENRY WILLOUGHBY (13) , to stealing a cash-box, three sovereigns, and other moneys, the property of Alfred Croxford.— One Month , and Five years in a Reformatory . [Pleaded guilty: See original trial image.]

663. ROBERT STACK (12) , to feloniously forging and uttering an order for the payment of 2l. 15s. with intent to defraud; also to stealing a cheque for the payment of 2l. 15s., the property of Thomas Kennedy, his master.— One Month , and Five years in a Reformatory . [Pleaded guilty: See original trial image.]

664. CHARLES HULL (17) and GEORGE JOHNSON (17) , to a burglary in the dwellinghouse of Charles Morgan, and stealing four tablecloths and other articles. .Hull having been previously convicted of felony. Johnson also to stealing a coat, the property of Charles Barnes . Hull, Seven Years' Penal Servitude. Johnson, Five years' Penal Servitude [Pleaded guilty: See original trial image.]

665. HENRY AUGUSTUS VERCHILD (27) , to embezzling 28l., 59l., and 17l. 4s. 2d. of Richard Nicholson and another, his masters.— Five Years' Penal Servitude . And, [Pleaded guilty: See original trial image.]

666. WILLIAM HENRY HIBER (22) , to embezzling 10s., 1l. 4s. 6d., 2l. 12s. 3d.; also stealing three letters and 2s. 6d. of James Lewis, his master. Recommended to mercy by the prosecutor.— Confined Eight Months . [Pleaded guilty: See original trial image.]

667. JOHN CADMAN (15) was indicted for unlawfully uttering a counterfeit half-crown.

MR. COLERIDGE, For the Prosecution, offered no evidence.

NOT GUILTY .

668. JOHN HEFFERAN (27) , Unlawfully uttering a counterfeit half-crown.

MESSRS. COLERIDGE and STRAIGHT conducted the Prosecution.

ARTHUR ALEXANDER . I am thirteen years of age—I live at the "Lord Clyde" public-house, New Grove Road, Fulham—on the 3rd July the prisoner, with some other men, came in for some beer—he remained about three hours—I served him—he called for a pot of beer and gave me a 1s.—I gave him 8d. change—I put the shilling in the till—two other shillings were then in the till—all the. men drank of the beer—the prisoner next called for another pot of beer—he gave me 1s.—I put it in the till and gave him the change—he next called for some more beer and gave me 1s.—I put it in the till and gave him the change—he afterwards called for some more and gave me another shilling—I put it in the till and gave him the change—I think I had another shilling from a man who was with the prisoner—the prisoner next called for some gin—he gave me half-a-crown in payment—Mr. Payne was standing there then—he gave me change for the half-crown, two shillings and a sixpence—I gave prisoner 6d. and put 2s. in the till—I think they all left about half an hour after.

Prisoner. Q. How many of us were there altogether? A. About six or seven—you gave me 4s.—I couldn't change the half-crown, because my father had ordered me not to change a larger piece than a shilling without calling him.

DAVID ALEXANDER . On 3rd July last I saw prisoner in my house—My wife served him with some gin—it came to 10d.—he gave a half-crown in payment—she said, "This is bad"—I said I was sure it was—the prisoner said he had been working underground, and had just been paid—I let him have it back—they paid for the beer by subscription and immediately went away—a short time afterwards I went to the till—there was about 10s. in the till; five of the shillings were bad—I put them on one side and gave them to the policeman—Mr. Payne came in the evening—I am in the habit of clearing the till every hour—it all depends on business—on that afternoon I didn't clear it for an hour or more—I had given instructions to my little boy not to change any money larger than a shilling.

Prisoner. Q. Did you state at the police-court that you saw us all together going out? A. There was a lot of you; you all ran away—I would swear to the half-crown if I were to see it—it never went out of my wife's hand till I gave it you back—I marked the other half-crown—I did not mark this.

MR. COLERIDGE. Q. The prisoner tendered two half-crowns? A. Yes—the one Payne changed was tendered first and Payne took it away—the prisoner afterwards tendered another piece, the one I am speaking of—I was not present when the money was tendered to Payne.

WILLIAM PAYNE . I am a grocer—on 3rd July I was at the "Lord Clyde" public-house and saw the little boy there—I told him I could give him change for half-a-crown instead of his calling for his mother to give him change—he gave me the half-crown and I gave him the change—I put the half-crown in my pocket—I had not any other half-crown there—on the same evening I went to the "Lord Clyde" between 10 and 11—I had still got the half-crown in my pocket—I had 28s. to 30s. in my pocket, but no other half-crown—I never saw the half-crown till I took it out at the "Lord Clyde"—it was a bad one—I marked it—I gave it to the policeman—I took the half-crown from the little boy—I didn't see it laid down by the prisoner.

Prisoner. Q. What was the time? A. About three o'clock—I didn't find it before 10 or 11 o'clock at night—I am quite sure I had no other half-crown—I didn't look at the half-crown when I gave the boy change, because I thought you were all working men—if you had been dressed respectably I should soon have tested it.

ELIZABETH SKINNER . I keep a tobacconist's shop, Crosby Place, Fulham—on 3rd July the prisoner came for half an ounce of tobacco, and gave me half-a-crown—I observed as he put it down that the letters were particular—I took it up, and directly I looked at it I put it between my teeth and found it was a bad one—he said, "Give it me back; I know where I took it"—I said I didn't give back bad money—he said he'd have a policeman and make me give it—I sent for a policeman, and whilst my little boy was gone for a policeman he went away—two policemen came, and I sent another little boy and found prisoner in a public-house in Waltham Green—the boy gave him in charge—I gave the half-crown to the sergeant.

GEORGE BOWERMAN (324 T). On the 3rd July I took prisoner into custody at the "Lion" public-house, Walham Green—I found 2s. 8d. on

him in good money, 2s. 6d. and 2d. in coppers—I received from Mrs. Skinner this half-crown (produced).

GEORGE WELLS (Policeman P 129). I produce the bad half-crown received from Mr. William Payne—I also produce five shillings received from Mr. Alexander.

WILLIAM WEBSTER . I am inspector of coins at the Mint—these coins are all bad—the two half-crowns are from the same mould.

GUILTY .

The prisoner further pleaded Guilty to having been previously convicted.—Seven Years' Penal Servitude .

669. DANIEL SLATTERY (19) was indicted for a like offence.

MESSRS. COLERIDGE and STRAIGHT conducted the Prosecution.

ANN BROWN . I am a widow, and keep a general fancy and tobacconist's shop in Fulham Road—on 28th June prisoner came and asked for half an ounce of tobacco—that was three halfpence—he gave me a shilling in payment—I gave him change—I retained the shilling in my hand—after he had left I looked at it and found it was bad—I did not put it in the till until I found it was bad—I kept it for three or four days till the constable came—there were no other shillings in the till where I put this—I marked the shilling—I spoke to the constable the same evening—he afterwards brought the prisoner with him—I did not see prisoner again till he was brought down to the shop on Monday or Tuesday, the 3rd of July, I think, I didn't mark the date—the officer brought him down and I identified him immediately.

EMMA CROFT . My husband keeps the "Swan" at Walham Green—on 3rd July prisoner came there for half a pint of beer—I served him and he gave me a bad shilling—I gave him the change for it—I took the shilling to my husband—my husband asked him if he had got any more—he said a lady had given it to him to carry a parcel from London Bridge to Hyde Park Corner.

JAMES CROFT . I am the husband of Emma Croft—my wife brought me a bad shilling—I asked prisoner where he got it and he said he carried a parcel from London Bridge to Hyde Park Corner—he said he was a hard-working man—I believed his story and gave him the shilling back—he went away—I had my suspicions and followed him—I stopped him going into a beer-house—he took the shilling out of his pocket and bent it with his mouth—I said, "You must come along with me"—he said, "You won't lock me up?"—I said, "I wont detain you if you are not known"—he gave me the shilling he bent—in the prisoner's presence I asked the sergeant if he knew him; he said he thought he knew him at Wandsworth—I did not press the charge and let him go—the sergeant kept the shilling.

HENRY TROUGHTON (Policeman T 3). Mr. Croft brought prisoner to the station on 3rd July—he said, "This man has been to my shop and tried to pass a bad shilling, but if nothing is known against him I won't charge him"—I asked prisoner where he got it—he told me a lady gave it to him to carry a parcel from London Bridge to Hyde Park Corner—he was allowed to go—the bent shilling was given to me (produced)—after he had gone a little way, in consequence of something I heard, I called him back—I sent a constable for Mrs. Brown—the constable brought the shilling with him—Mr. Croft was then sent for again—he charged the prisoner, and then he was locked up.

EDWIN ROBINS (Policeman T 301). On 3rd July I was at the station

when Mr. Croft was there—I saw prisoner there—from something I said, he was called back—I went to Mrs. Brown and received a shilling from her—it was a bad one—I took prisoner to Mrs. Brown and she immediately recognised him—I gave the shilling to the sergeant, and he gave it to the other constable.

GEORGE BOWERMAN (Policeman T 324). I produce two shillings—I received them from the sergeant at the station.

WILLIAM WEBSTER . Both these shillings are bad—they are from the same mould. GUILTY .**— Confined Two Years .

670. HARRIET LYONS (56) and ANDREW GIFFARD (28) were indicted for a like offence.

MR. COLERIDGE conducted the Prosecution, MR. PATER defended Lyons, and MR. GRIFFITHS defended Giffard.

WILLIAM HALLETT (City Policeman 606). On Saturday, 7th July, at half-past two in the afternoon, I was on duty in Houndsditch, and noticed the two prisoners—I followed them through several streets, through Bevis Marks, St. Mary Axe, to Fenchurch Street; in Fenchurch Street I saw Giffard hand something to Lyons—just outside the door of 186 1/2, Fenchurch Street, a tea dealer's, she handed a basket to the male prisoner which she was carrying—it is here (produced)—she then went into the tea dealer's—Giffard crossed the road, saw me, went round the corner, and ran away—when the female came out of the shop I went in—I saw this five-shilling piece—when she came out she went over to the corner where the male prisoner went round—I went over to her and told her she had been to 186 1/2, Holliday's, the tea dealer's, and passed a bad five-shilling piece—she said she had not been there—I took her back to the shop, and the shopman identified her—she had the tea in her possession—I took her to the station, where she was searched—while there Giffard was brought in—he was charged with her—I said, "This is the man who was with her"—he said he didn't know anything about it—Lyons denied having been with him—I found 12s. 41/2d. on him—Lyons was searched by the female searcher—a half-sovereign, four shillings, and three halfpence were found on her—I don't know whether there is any mark in this purse—Giffard said he had never seen Lyons.

Cross-examined by MR. PATER. Q. There was somebody with you, I think? A. No one at all—I met some one—I don't know who that person was—I passed about three words with him—I know the man by sight—I meet men frequently in the courts, and so on, and shake hands with them, and don't know who they are—he was not with me when I followed the woman to the grocer's shop—I undertake to say I don't know who that man was—he is not a "policeman's nose"—I believe he is a gentleman: a jeweller I think—I don't know what you mean by a "policeman's nose"—I told this person to follow Giffard and see what he was up to—I can't say whether he did follow him—I don't know who brought Giffard to the station—I didn't see the man who brought him to the station—I say the woman was in possession of that basket—she carried it from the "Grapes" in Houndsditch—I spoke to her at Aldgate Pump, about fifty yards from the grocer's shop—it was about half-past two.

Cross-examined by MR. GRIFFITHS. Q. How far were you from Giffard when you saw him pass something to Lyons? A. About three or four yards—I swear he ran away—I don't know whether there is an Alton ale

shop near there—there are three or four public-houses—I told the gentle-man to keep his eye upon him—I don't think the gentleman is here.

THOMAS ALFRED HOE . I am assistant to Holliday's, tea dealers, 186 1/2 Fenchurch Street—on Saturday, 7th July, Lyons came to the shop, at about half-past two or a quarter to three, and asked for a quarter of a pound of tea, which came to 10 1/2d.—she gave me a five-shilling piece in payment—I gave her change, four shillings, and three halfpence—she went out then—I gave the crown to the officer—he came in and asked whether Lyons had been in—the crown was a bad one—there was no other crown in the till.

Cross-examined by MR. PATER. Q. You gave her four shillings and three halfpence change, didn't you? A. Yes—I had no notion the crown was bad at the time I received it—I bent the coin after receiving it—the con-stable told me it was a bad one.

MR. COLERIGE. Q. How did you bend the crown: in the detector or the till? A. I bent it at the place in the till.

MR. GRIFFITHS here withdrew from the case, saying Giffard preferred to defend himself without his aid.

MARY ANN WILLCOCK . My husband keeps a music shop in Oxford Street—on 6th June last Giffard came to my shop between four and five—he asked for a song called The Railway Guard—the price was one shilling and three pence—I served him with it—he gave me a crown piece in payment and three-pennyworth of coppers—I gave him four shillings change—after he had gone I looked at the crown piece—it had not left my hand—I saw it was bad as soon as I looked at it—in consequence of some-thing I said, my boy went after the prisoner—the boy came back again and I gave him the crown piece—he went out again and came back with the prisoner Giffard and a constable—I charged Giffard with having passed a bad crown—he said he was very sorry, but he was deputed by a cutter at Hyams's, the tailor's, to buy the piece of music—I afterwards appeared against him—he was remanded for a week and then discharged.

ALFRED WHITE . I am shopboy to the last witness—on the 6th June Giffard came there—I saw him give a crown piece, and my mistress gave him the change—I went after him and caught him at the corner of Poland Street—he was having his boots cleaned and talking to two gentlemen—I went back to Mrs. Willcock and went out again and got a constable—he took the prisoner—I had the five-shilling piece weighed at a tobacconist's—it weighed not quite an ounce—I gave tie five-shilling piece to the constable.

Giffard. Q. How far is Poland Street from your mistress's shop? A. About 50 yards—I then went back to Mrs. Willcock's and left you standing there—you were talking to a gentleman and having your boots cleaned—a policeman was standing close by—I told him you had passed a badcrown—it was about three minutes from the time I was told to go and look for you to your being taken into custody—I tapped you on the shoulder and told you you were wanted—you said you had no time—I didn't tell you what you were wanted for—I am certain of that—the constable told you what it was for.

MALCOLM HUNTER (Policeman 338 A). On Wednesday, 6th June last, witness came to me and pointed out Giffard to me—he showed me a five-shilling piece—I saw the coin weighed at the tobacconist's—I had no doubt about its being a bad one—I took Giffard into custody—I told him that I wanted him for passing a counterfeit crown piece—I took him to Mrs. Wilcock's shop—he said he was very sorry, and that he would give another for it—I took him to the station and searched him—I found on

him this purse, containing some money—he was charged before the police magistrate, remanded for a week, and then discharged—he gave me the name of Thomas Barry, South London Coffee-house, Waterloo Road, Southwark—he gave me another address—I went to that address, 76, Rochester Row—it is a public-house—I saw Lyons there—I asked her if she knew a Thomas Barry—she said she did—she said, "Thomas Barry is my son-in-law"—then I asked her if I could see a Mrs. Guy—she said, "That is my daughter"—I told her what it was I had him in custody for—she told me I could see her daughter upstairs—I saw her daughter.

Giffard. Q. What articles did you take from me at the time I was in your custody? A. I haven't a list of them—there was a purse, some money, and some knives—no bad money was found on you—I found the piece of music purchased at Mrs. Wilcock's shop.

WILLIAM WEBSTER . These two crowns are bad—they are both from the same mould—the date is 1818.

Giffard, in a long address, stated that he met the female prisoner in Houndsditch; that she told him she was going to buy her week's tea, and asked to be directed to Fenchurch Street; that he walked with her to the corner of Fenchurch Street to point it out to her, and then left her at the corner; that he did not run away but went into an Alton ale store.

LYONS— NOT GUILTY . GIFFARD— GUILTY . **

Confined Twelve Months .

671. WILLIAM ADAMS (46) and ELIZA WILLIS (22) were indicted for a like offence.

MESSRS. COLERIDGE and STRAIGHT conducted the Prosecution, and MR. PATER defended Adams.

HENRIETTA COTTERELL . I am barmaid at the "Sun" public-house, Sutton Street, Clerkenwell—on 12th July the prisoners came to my bar together—I know Willis—Adams asked for a pint of porter—it came to twopence—I served him—he gave me one shilling in payment—I gave him the change—Willis took the change up—they both drank the beer—there was nothing in the till—I put the shilling in the till—after the prisoners had gone I went to the till and found the shilling there, examined it, and found it was bad—I put it in a little ornament on the bar shelf by itself—it remained there till Monday, the 16th—on Monday, 16th, both prisoners came in together—I recognised them directly—Adams asked for a glass of porter, and a quartern of gin and peppermint for Willis—that came to two-pence halfpenny—he paid with a shilling—I looked at that shilling—it was bad—I said to the landlord, "These are the people that passed the other shilling upon me; they have tried to pass another"—I gave Mr. Miller the shilling—I afterwards gave him the other shilling from the ornament—he marked them.

Cross-examined. Q. Is there a good brisk trade done there? A. Yes—I should think there were about six customers in the house when the prisoners came, but there was no one else in the part where they were—it was a separate bar—Mr. Miller was at the bar the first time they came—I served them—no one but Mr. Miller and myself were serving in the bar the first time—I had never seen Adams before up to the 12th—Adams had got a cap on—they were in about ten minutes—I recognised her as having lived opposite to me when I was a child—she has not been in the habit of coming to the house—she has been three times—the first time I

recognised her was before either of these occasions—she has not been in the house on any other occasion.

JOHN MILLER . I am landlord of the "Sun" public-house—I recollect seeing the two prisoners in my bar on the evening of 16th July last—they were standing about two yards from the last witness—she came to me and said, so that the prisoners could hear it, "Sir, these are the two persons that passed the bad shilling two or three nights ago; they have tried to pass another now"—I said, "Are you sure? Mind you make no mistake"—she said she was quite sure—I went to the other end of the bar and sent my servant for a constable—she then gave me the other shilling, kept in the ornament, and I went round to the bar where the prisoners were—the woman said, "Don't lock me up"—she said, "Give the man in custody, but don't lock me up"—I gave the constable the two bad shillings—I marked them before I gave them to him.

CHARLES HICKS (Policeman F 225). I was present at the station when the prisoners were brought there—7s. 9 1/2d. was found on Willis—the money found on both prisoners was good—I believe on the female there were 13 sixpences, fourpenny pieces, and the remainder in coppers—on the man a crown piece, a shilling, sixpence, and a penny.

WILLIAM WEBSTER . These two shillings are bad—they are not from the same mould.

Adams' Statement before the Magistrate:—"I never to my knowledge was in the house till last Monday—I had been working all day." Willis.—"I was never in the house before with Mr. Adams—I have known Miss Cotterell since I was a child."

Willis's Defence.—I was in Sutton Street on Monday night, and met Adams—I went with him into the public-house—I didn't know what he was going to pay for it in—Mr. Miller said, "I will give you both in charge"—I wasn't to know what Adams was going to pay for it in—the policeman took me, and I have been in prison some time—I think it very hard.

NOT GUILTY .

672. WILLIAM SWEENEY (30) , Unlawfully uttering (in Kent) a counterfeit half-crown.

MR. COLERIDGE conducted the Prosecution.

DUNCAN JINKINS . I keep the "Mansion House" public-house, Evelyn Street, Deptford—on 10th July prisoner came to my house and called for a pint of half-and-half and a screw of tobacco—it came to 3d.—he gave me a half a crown in payment—I put it in the till and gave him change—there was no other half-crown in the till, only shillings and sixpences—I had cleared the till out shortly before the half-crown was put there—I make it a rule not to keep the large pieces, the half-crowns and two-shilling pieces, in the till—I afterwards looked at the half-crown—I didn't think it exactly right—I put it on the shelf in the bar—I kept it there till the next day, and then I gave it to the constable—on the following day the prisoner came to my house again, about seven o'clock, and asked for a pint of half-and-half and a screw of tobacco—I recognised him—I didn't serve him; the boy served him—I went up before the boy had finished serving him—he gave a half-crown—I took it up and found it was bad—I put it to my teeth and it bent easily—I sent for a policeman and gave him into custody—I charged him with uttering a half-crown on the preceding day

and attempting to pass another—he said nothing—I gave the half-crown to the constable.

Prisoner. I never was in his house before.

WILLIAM BRADSHAW (Policeman R 161). I was sent for to Mr. Jinkins's on 11th July—the prisoner was given into my custody, charged with uttering one and attempting to pass another half-crown—the prisoner said, "All right; I know it"—I produce the two half-crowns.

Prisoner. I said I was not aware it was a bad one.

COURT. Q. Did he say to you at the public-house, "All right; I know it?" A. At the station—"All right; I know it" might have applied to knowing what the charge was.

WILLIAM WEBSTER . Both these half-crowns are bad—they are from the same mould.

GUILTY .

He was further charged with having been previously convicted on the 8th December, 1865, in the name of William Wood to which he PLEADED GUILTY.— Seven Years' Penal Servitude .

OLD COURT.—Tuesday, August 14th, 1866.

Before Mr. Recorder.

673. MARGARET DINAN (30) was indicted for feloniously wounding Marian Strank, with intent to do grievous bodily harm.

MARIAN STRANK . I am the wife of William Thomas Strank, a greengrocer, of Moor Lane—we had apartments in the same house where the prisoner lodged—about twelve months ago I lent her some things to pledge to raise some money upon—I had applied to her for the money or the things back—on the night of the 17th July I was sitting in my parlour reading the newspaper, with the door open—the prisoner came in, and hauled me down off my chair by the hair of my head—she then took me up and smashed me down again, and also kicked me—I have the wound, but it has been sewn up—she went upstairs, came back, and did it again—she went upstairs a second time, and came back and wounded me again—what she did it with I do not know—no one came to my rescue—she cursed and swore all the time she was doing this—she was quite sober—I had not spoken to her at all.

Prisoner. When she gave me the things to pawn I gave her the 3s. I got for them, and she told me to put away the ticket, that her husband should not see it.

Witness. It is false—I lent her the things to get bread for her children—I did not tell her little boy that I would buy him some sweets if he would say she took 6s. off my mantelpiece.

HENRY FOWELL (City Policeman 149). I took the prisoner into custody on the evening of the 17th July—I told her it was for assaulting Mrs. Strank—she said, "I gave her no more than she deserved, and she must summon me for it"—at the station she was charged with violently assaulting Mrs. Strank, and asked what she had to say to it—she said she had not done it that time, but if ever she lived to come out again she would do it the next.

Prisoner. It was my husband said that, not me.

Witness It was you.

FREDERICK HAMILTON SIMPSON . I am a surgeon—on the 17th July, about eight or half-past in the evening, Mrs. Strank was brought to my surgery—her face was covered with blood, and the whole of the front of her dress—she was bleeding freely from a cut wound on the forehead, just at the junction of the hair—I had to cut the artery through to stop the bleeding—there was a wound on the outer side of the month, another wound that I could place my two fingers in at the base of the jaw, and there was a fifth wound at the back of the head—that was a punctured wound—there were also several scratches and bruises about the face—the wound on the forehead must have been inflicted by some cutting instrument—it was a small wound about half an inch in length—it wounded a branch of a small artery—if the punctured wound was done by the same instrument it must have been pointed or sharp—the wound on the upper lip was given downwards—that must have been done by some cutting instrument, but it was jagged—the wound on the jaw may have been caused either by a blunt instrument or by a very sharp kick—the wound at the back of the head must have been from some pointed instrument—I was afterwards at the station, when the prisoner was being removed from the cell, and heard her say, "If I come out I will give it her again"—she was in a very excited state—I could not say she was drunk, but she was under the influence of liquor.

Prisoner's Defence I never laid a hand upon her.

GUILTY of Unlawfully Wounding.— Confined Twelve Months .

674. CHARLES SITZLER, alias HENRY CANTON (38), was indicted (under 3 & 4 Wm. IV., c. 97) for feloniously having in his possession thirteen pieces of paper, having thereon the impression of forged dies resembling those issued by the Commissioners of Inland Revenue.

MESSRS. POLAND, LEWIS, and the HON. DUDLEY CAMPBELL conducted the Prosecution, MESSRS. SLEIGH and PATER the Defence.

JOSEPH ALKER . I reside at Bury Street, Salford—I saw an advertisement in the Manchester paper—this (produced) is it—in consequence of seeing that, I wrote a letter to the address which appears there, "H. Canton, 9, St. Thomas's Road, London, N.E." (notice to produce this letter was proved; it was not produced)—I applied for a loan of 100l.—I afterwards received these two letters—the second enclosed a promissory note—there was also an envelope stamped and addressed, "H. Canton, Esq., 9, St. Thomas's Road, London, N.E."—I signed that promissory note and sent it to H. Canton, as directed in the envelope—at the same time I sent a Post Office order for 6l.1s.

GEORGE MANNERS . I am a detective police officer—on the 8th June, about half-past ten in the morning, from some information, I went to 4, Charles Street, Hatton Garden—it is a small bonnet shop—I was in plain clothes—the prisoner arrived there about a quarter to eleven—he went into the bonnet shop, in front of the counter—almost immediately afterwards I saw Gardiner, the postman, in the street, not a minute afterwards: I saw him go into the shop and deliver a packet of letters to the prisoner—the prisoner took them—I saw the postman also hand him a smaller packet—I then saw the prisoner write upon some papers—the postman came out, and the prisoner then retired to the back of the shop—I followed him immediately,

accompanied by Sergeant Beard—the prisoner was at the back of a little screen, and the large packet of letters was then undone—it was tied round with string—Beard asked him if his name was Canton—he said, "No"—Beard said, "Then why did you sign your name 'H. Canton?'" He said, "Because I had Mr. Canton's authority to do so"—upon that I told the prisoner that I suspected he had forged stamps about him, and that I should take him into custody—he said nothing—I then took him to the station and took charge of all the letters, eighty-five in number—when I got to the station I opened them—I produce them.

MR. SLEIGH. Q. Was the packet opened by you? A. No—I opened the letters singly—the 85 letters were bound together with a piece of string when the postman delivered them to the prisoner—the letters were sealed or fastened in the ordinary way, and I opened each of them.

MR. POLAND. Q. Did you open the three registered letters at the station? A. I did—each contained a promissory note—I produce them—the letters were addressed, "Mr. H. Canton, 9, St. Thomas's Road," and re-directed by the Post Office to the senders—I opened the other letters—amongst them I found the letter that Mr. Alker has seen containing the promissory note—I also produce nine other letters, each containing a promissory note—the prisoner was present when some of them were opened—some of them were opened at the police-court in his presence—he said nothing—he gave the name of Sitzler at the station.

Cross-examined. Q. Did you ask him to take you to Mr. Canton? A. I did not.

WILLIAM CHARLES GARDNER . I am a letter-carrier in the employment of the General Post Office—on 8th June I went to 4, Charles Street, Hatton Garden—I took a bundle of letters there addressed to Mr. Henry Canton, 9, St. Thomas's Road, the outside one of which had been redirected, 4, Charles Street, Hatton Garden—I saw the prisoner there, and delivered to him the bundle of letters, with the three registered letters—he said he had been waiting for me, I was just the man he wanted—I gave him the receipts and he signed them, "H. Canton," and I gave him the letters.

Cross-examined. Q. Did not the prisoner when he signed for the letters hand you two shillings? A. Yes—he did not say, "I have been desired by Mr. Canton to give you this for the extra trouble you have had;" he put it into my hand, and said, "That's right; see after them."

CHARLES CHABOT . I live at 25, Southampton Row, Russell Square—I have made handwriting my study for several years, and am constantly employed in that occupation—I have looked at the three receipts signed "H. Canton"—I have before me the promissory note signed by Alker, and a printed form, signed "H. Canton"—I have compared them, and have no doubt that is in the same handwriting as the three receipts—I have confined my examination to the signatures, but I have no doubt, looking casually, that the body of the promissory note is in the same handwriting—it bears the same character—I speak with confidence to the "H. Canton"—I have not examined the envelope addressed "H. Canton, 9, St. Thomas's Road"—I will not say without examination whether that is in the same handwriting, I do not see that it is—the filling up, "H. Canton," in each of these promissory notes contained in these three letters is, I have no doubt, in the same handwriting—the signature, "H. Canton," at the bottom of those letters, is also decidedly in the same writing, not the name in the body of the letters—I cannot say that the signature to the letters to

Alker is in the same writing, the signature of H. Canton to these other two registered letters, Nos. 451 and 456, is in the same writing—here is a third, which I believe not to be in the same writing—these nine letters and the filling up of the nine promissory notes contained in them are in the same writing, the same as that to the receipts—I have no doubt whatever about it.

Cross-examined. Q. How many of the signatures, "H. Canton," that have been shown to you do you say are in the same handwriting as the receipts? A. I think there are two that I will not undertake to speak to—the whole of the filling up of this promissory note of Alker's is in the same writing, signature and all—I do not think the envelope enclosed in the letter is in the same writing, and I can't say that the signature to the letter is his—there are two distinct handwritings in this correspondence—in the promissory notes, for instance, the filling up and the signature are different—I don't think I have observed two handwritings in the filling up of the promissory notes—I believe it all to be in one handwriting—I had all these documents in my hands for two or three hours, I would not give an opinion until I had—this memorandum of agreement on the flysheet appears, on this short examination, to be in a different handwriting to the others—I think it is the same as the first signature on the other papers, "pro H. Canton."

THOMAS CRANE . I live at 2, Paradise Row, Hackney—in June last I lived at 8, St. Thomas's Terrace, Hackney—that is the same as St. Thomas's Road—the prisoner lived next door, at No. 9—I have seen him there—I have seen him go into the house twice—he took possession about three weeks after the March quarter, and left about three weeks before the June quarter—I left on the 24th—I saw him go away with some furniture—I never saw any other man in the house—I don't know where he moved to.

Cross-examined. Q. How long did you reside there? A. Three years—the landlord of No. 9 is not my landlord—Mr. Spencer is the landlord of No. 9.

EDWARD CUMMING . I am a letter-carrier in the Hackney district—I know No. 9, St. Thomas's Terrace, St. Thomas's Road—there is no other St. Thomas's Road—a person of the name of Canton lived at No. 9—I have been in the habit of delivering letters there addressed to Mr. Canton, 9, St. Thomas's Road—there was a letter-box to put them in—I never saw the prisoner there—I delivered letters there in that name, from about the beginning of May, for about a month.

JOSEPH TOWNSEND . I am the senior superintendent of the stamping department—I have examined the stamps upon these thirteen promissory notes—they are all counterfeit.

Cross-examined. Q. And very good counterfeits, I think? A. Yes.

MR. SLEIGH submitted that there was no case to go to the jury that the prisoner was ever in possession of the stamps in question within the meaning of the statute. The case most analogous to this was the possession of government stores marked with the broad arrow, but it had been decided that the possession in such cases must not only be an actual one, but a possession with a guilty knowledge. MR. POLAND not disputing this, MR. SLEIGH proceeded to contend that there was no evidence of the prisoner's knowledge that the stamps were counterfeit; they had passed undetected by the authorities of the Post Office, and the evidence showed that they were remarkably well executed. The RECORDER desired to hear MR. POLAND upon the point whether it was necessary the prisoner

should know them to be forged, and whether there was evidence of that knowledge. MR. POLAND conceded that it was necessary for the jury to find that the prisoner knew the stamp to be counterfeit, but that knowledge could only be proved by the circumstances of the case, which were for the jury to consider. True, those circumstances might point to the fraudulent obtaining of the money, but the uttering of the forged stamp was a part of that fraud, and the mode in which it was used was a matter for the jury to decide upon. The RECODER considered there was some evidence, the sufficiency of which was for the jury.

GUILTY .*†— Ten Years' Penal Servitude .

675. JAMES STYLES (29) was indicted for embezzlement.

MR. F. H. LEWIS conducted the Prosecution, and MR. MONTAGU WILLIAMS the Defence. JOSEPH BOWEN. I am an oilman, of Green Street, Bethnal Green—I know the prisoner as carman to Messrs. Palmer—in March last he brought me some candles, with this invoice (produced)—I paid him and saw him write this receipt—no delivery book was required, as the goods were paid for—if they had been on credit I should have had to sign the book—I have no person named J. Smith in my employ.

CHARLES PETRIE . I am cashier to Messrs. Palmer & Co., candle makers—the prisoner was a carman of theirs—it was his duty to receive money and pay it over to Mihill—I have the prisoner's delivery book that he took out on the 9th of March—I find here an entry referring to Mr. Bowen, with the name of John Smith to it—I believe that to be in the prisoner's handwriting—on seeing that I should suppose that credit had been given, as the delivery book is not produced where ready money is paid—I received 4l. 3s. 2d. from Mihill—that would not include the 13s. in question.

WILLIAM MIHILL . I am foreman to Messrs. Palmer—on 9th March I received from the prisoner 4l. 3s. 2d., which I handed to Mr. Petrie—he produced his delivery book at the time—I went through it, and saw that the amount was 4l. 3s. 2d. independent of this 13s.

Cross-examined. Q. Have you a person named Potts in your employment? A. Yes; he is a ledger keeper—he was before the magistrate, and is here to-day—he has since been committed for robbing our firm.

MR. LEWIS. Q. Was he a witness to the prisoner's handwriting only? A. Yes; he would know nothing about money matters.

The prisoner received a good character. NOT GUILTY . There was another indictment against the prisoner, on which no evidence was offered.

676. CORNELIUS JONES (41) , Feloniously wounding FERGUS McDONALD , with intent to do him grievous bodily harm.

MR. LILLEY conducted the Prosecution, and MR. RIBTON and MR. COLLINS the Defence.

FERGUS McDONALD . I am a printer, and live in St. Luke's—on Saturday night, 7th July, a little after eleven, I was in the "Red Cow" public-house, Long Lane, in company with Bridget Caton—there were others in front of the bar—after a short time the prisoner came in and took up a young man's beer and drank it—the young man asked him what he drank his beer for, and he turned round and jeered and laughed at him—the young man struck him a blow in the mouth, and then he and the prisoner were wrestling together—I and several others parted them—the

prisoner than sat down at one end of the bar, and the young man at the other—I went up to him and said, "If you take my advice you will go home and drop it"—he made no answer—I went up to the bar—in about twenty minutes the prisoner walked deliberately up to me, pretended to mumble something in my ear, and then stabbed me in the thigh, saying, "I don't care a penny for any man when I have got this"—he then made to the door and got out—he appeared to be sober—I halloed out that I was stabbed—a young man named Barrett rushed at him and caught him round the arm, and I heard Barrett call out, "He has stabbed me"—two young women got hold of him—they hustled across the road together, and the policeman came up and took him—I was taken to the station, and then to the hospital, were I was under treatment until the 1st of August.

Cross-examined. Q. There was a good deal of rioting in the public-house, was there not? A. No, not before the prisoner came in—the young man struck him for taking his beer—he was not struck by any other person—he only struck me one blow—he was not knocked down at all—he was not bleeding—his mouth was—he would not wipe the blood off—there was not much—I should think there were full half-a-dozen people in front of the bar—I had been in there about ten minutes before the prisoner came in—I had never seen the prisoner before.

MARY McDONALD . I am the prosecutor's wife—I was with my husband and Bridget Caton in the "Red Cow"—the prisoner came in, and a few words passed between him and a young man about his drinking his beer—the young man struck him one blow—after that the prisoner sat down and the young man was taken to the other end of the bar—my husband told the prisoner to go home—he sat down for about twenty minutes, and my husband told him twice to go home—after the twenty minutes had elapsed he got up from where he was sitting, went to the other end of the bar, took a knife out of his pocket, came over to my husband, and put it in his left thigh, and said, "I don't care a b—for any man while I have this"—he then made his escape at the door—Barrett caught held of him—he got away from Barrett, and then two women, Bridget Caton and Jane Connelly held him—no one struck him any blow except the young man whose beer he drank.

Cross-examined. Q. Did they hustle him at all? A. No; they were wrangling for about two minutes—they were not on the ground at all—the blow the young man struck him made his mouth bleed—it was directly that he came in that he took up the beer—he appeared quite sober—I do not know whether he knew the young man, they seemed strangers—I had seen him before, but did not know him.

JANE CONNELLY . I am single, and live in Farringdon Street—I was at the "Red Cow" on this night, sitting at the front of the bar next to the fire—I saw him drink some of the young man's beer—he asked him what he did it for—the prisoner made him some answer—I did not distinctly hear it, and the young man hit him in the mouth—they had a wrestle together, and McDonald separated them twice—after that the prisoner sat down at the end of the bar about twenty minutes—McDonald advised him to go home—he afterwards walked to the end of the bar, put his hand in his right side pocket, and took out a knife—he sat down by the side of me, then got up and walked towards McDonald, who was standing in front of the bar—he said, "I don't care a b—for any man while I have got this"—he stepped towards McDonald and McDonald halloed out, "I am stabbed"—the prisoner then made a rush towards the door to get out—

Barrett attempted to stop him, and I and Bridget Caton caught hold of him—he dragged us across the road—we all three fell together and screamed out "Police!" and "Murder!"—a policeman came up and took him into custody.

Cross-examined. Q. There was no quarrel between the prisoner and the prosecutor? A. No, nor any attempt to strike.

BRIDGET CATON . I am the wife of Daniel Caton, a glass-blower, of Bartholomew Close—I was with McDonald and his wife at the "Red Cow" on this Saturday night—I saw the prisoner come in and take up a young man's pot of beer and drink out of it—the young man asked what he did it for, and he laughed and jeered at him—the young man then struck him in the mouth—McDonald went to part them, and he moved to a corner of the room, where he remained about twenty minutes—he then put his hand to his right hand pocket and took something, and came to where McDonald was standing—McDonald told him to go home—he said, "What did you say?"—McDonald again told him to go home, and spoke to him several times—he said, "The best thing you can do is to go home"—he then leaned towards him, and said, "I don't care a b—for any man while I have got this"—McDonald then staggered and halloed out, "Mind, he has got a knife; I am stabbed"—the prisoner then rushed to the door—he was stopped by Barrett—he struggled to get away from him, and I and Connelly laid hold of him—he dragged us across the road—we screamed "Murder!" and the policeman came up and took him.

Cross-examined. Q. Did you see him take out a piece of tobacco and cut it and put it in his mouth? A. No, I did not—I was not looking at him very particularly—McDonald was leaning on the bar about a yard and a half from the door—I did not see the knife at all.

WILLIAM DROWN . I am a tin-foil maker—I was coming through Long Lane on Saturday night, the 7th July, and saw the prisoner struggling with the two women on the ground—he had a knife in his hand, and he threw his hand up and threw it over the crowd—I picked up a pipe full of blood—I threw it down again and went further in the road, and about twenty yards from the public-house I picked up a knife, which I gave the policeman at the station—there was blood on both sides of the blade—it was shut when I found it, and when saw it in the prisoner's hand.

GEORGE NAISH (City Policeman 311). On this Saturday night I went to the "Red Cow," hearing a disturbance, and found prisoner entangled with the two females—I took him into custody, and found the prosecutor bleeding, and had him taken to the hospital immediately.

THOMAS REYNOLDS (City Policeman 252). I received this knife from the witness Brown at the station—it was covered with blood.

VINCENT FRETERICK ECK . I was house surgeon at St. Bartholomew's Hospital on 7th July, when the prosecutor was brought there—he had a punctured wound on the upper part of the left thigh about two inches in depth—this knife is the sort of instrument that might have done it—he remained under my treatment until the 1st of August.

Cross-examined. Q. Is it a sharppointed knife? A. No, rather blunt point—it is a common pocket-knife. GUILTY of unlawfully wounding .**— Confined Eighteen Months .

The surgeon stated that Barrett was also severely wounded.

677. CHARLES JONES (18) , Stealing a coat of Christopher Waterman.

FRACIS SUBDAY . I am carman to Davis and Routledge, of Old Swan Lane—on the afternoon of 3rd August I was in Old Swan Lane and saw the prisoner going along with a coat—I pursued him—the officer caught him and brought him back—he threw off the coat when he found I was close to him—I knew him previously by sight.

CHRISTOPHER WATERMAN . This is my coat—on the 3rd of this month I left it hanging in the stable in Old Swan Lane.

EDWARD GILBERT (City Policeman 552), I took the prisoner into custody, hearing. the cry of "Stop thief!"—he gave an address, 12, Mary Street, Hackney Road—I found no such place—I found three pocket handkerchiefs on him. GUILTY .— Confined Six Months .

678. CHESTER CONSTABLE (22) and RACHEL HARLEY (26) , Robbery with violence on James McAuliff, and stealing a watch and part of a guard-chain, his property.

HARLEY PLEADED GUILTY .**— Confined Twelve Months .

Mr. HARRIS conducted the Prosecution, and Mr. DALY the Defence.

JAMES McAULIFF . On the 4th August I went into a house with the female prisoner—she took my hat off and went into the house, and I followed her and asked her to give it me—she said she would not until I paid her 5s.—I offered her a shilling—after a time the male prisoner came into the room, and an old woman at the same time with a candle—I told him all that had occurred, and he told Harley to give me my hat and let me go—she said she would not until she broke it, and she threw it down and broke it—I then picked up my hat to go, but before I could get hardly outside the street-door I was seized by the female prisoner—she put her hand into my left-hand trousers pocket—I laid hold of her hand and shoved her down—I was directly laid hold of by the male prisoner—the female came to his assistance, and they both got me down—the man knelt on my chest while the female kept my right hand, and turned my fingers back—the male prisoner took the watch from me—I laid hold of the chain, but he pulled the watch out of the swivel—I saw him undo the swivel—he then ran down the passage—I followed him, but could not see him—I went into the parlour, but could not see him—I then went into Victoria Street, and I had scarcely got into the passage again, when I met the female prisoner, and she hit me on the head with a stick or a portion of a bedstead—I gave an alarm to the police—they searched the place, but could not find either of the prisoners—about an hour and a half afterwards we went back to the same house, and there found the prisoners with about half a dozen more women talking over the affair—directly the male prisoner saw me he attempted to get out of the window—the police laid hold of him and asked if that was the man, and I said, "That is the man and that is the woman; I have not the least doubt of it"—he said nothing—he went quietly to the station.

Cross-examined. Q. What are you? A. A modeller—I live at No.1, Pier Terrace, Pimlico—I met the female in Pall Mall about five minutes to twelve—she asked where I was going—I said, "Home." She said, "Where is that?" I said, "Pimlico." She said, "I live at Pimlico, and if you do not mind we will go home together." I said, "Very well"—I did not mean to take her to my home—I am a single man and rent apartments—she asked me for something to eat—I did not give her anything, or anything to drink—the houses were shut—she did not ask me for any

Money—I walked with her from Pall Mall to Victoria Street—we went up a dark turning—she said it was the nearest way, and so it would have been if we had gone through, but she took off my hat and ran into the house and locked it in a cupboard, and put the key in her pocket—I seized hold of her to get the key of the cupboard from her—I did not try to throw her down—she threw herself down on a chair and screamed out, "Charley"—when I was going she said, "You are not going away like that, after bringing me from the West End?"—I gave her a florin and asked her for a shilling change out of it—I did not throw her down then—I threw her down outside the door when she attempted to rob me of my watch—she cried for help when I was trying to get the key—it was then that the male prisoner came in with the old woman—he did not touch me till I threw the woman down—he then came up and seized me and knocked me down—she helped to keep me down, and held my left hand while he robbed me of my watch—there was a lamp just outside the door—there was no light in the passage—he knelt on my chest and took the watch.

FREDERICK HOPPE (Policeman B 312). On the 4th August I was on duty in Victoria Street about three o'clock in the morning—I saw the prosecutor there, and accompanied him to a house of ill-fame in Union Court, Orchard Street—he had stated the particulars and given me a full description of the prisoners—that was an accurate description—I knew them—we went into the house, and as soon as the male prisoner saw me he made a move towards the window to get out—I seized him and asked the prosecutor if it was the man who robbed him—he said, "Yes; take him into custody." I said, "Is this the woman?" He said, "Yes"—I took them to the station, and charged them with stealing the watch and assaulting the prosecutor—Constable said he did not take it—I found nothing on him relating to the robbery—the prosecutor handed me this chain, which he retained in his hand.

CONSTABLE— GUILTY † Confined Six Months .

679. LIONEL JOHN WETHERELL (12) , Unlawfully placing a brick on a line of railway.

MR. THOMPSON conducted the Prosecution, and MR. COLLINS the Defence.

JAMES OATES . I am cab inspector at the Ludgate Station of the London, Chatham, and Dover Railway—on the 10th July, in consequence of information, I went to the top of the incline at the Ludgate Station, and saw three boys on the line between Skinner Street and Seacole Lane—a train was about leaving at the time—I got into the guard's break van at the end of the train, and on the way down the incline I saw the prisoner take a brick in his hand and place it on the metals—I saw him pick up a second and place that on—I also saw him pick up a third, but before he had time to place that on I jumped out of the van and caught him with it in his hand—on the way to the station he told me he had only laid one brick on, and would never do it again—the boys must have climbed over a wall eight feet high to get on to the line.

Cross-examined. Q. I believe there is a great quantity of dirt against the wall, is there not? A. No—from the top of the mound to the top of the wall it is nearly eight feet high—there is no other part of the wall that the boys could get over—I saw three boys on the line—this was about a quarter to eight in the evening—the train that I was in was going from four to six miles an hour—I looked out of the door—the boys were before

me on my right, as I was going along—the van I was in was at the end of the train—I had to look along the side of the train—when I first saw them they were about 200 yards from me—when I jumped out I was about four yards from the prisoner—the other boys ran away—some of the houses there overlook the line—the people in the road cannot overlook it—the prisoner is between eleven and twelve years of age—he seemed very much frightened.

MR. THOMPSON. Q. Did you take him on the line? A. I did—he had a brick in his hand at the time—the placing of the brick on the line might endanger the train.

Witnesses for the Defence.

SARAH CLARK . I am the wife of John Clark, and live at No. 7, Bear Alley, Farringdon Street—on the evening of the 10th July, about eight o'clock, I was looking out of my first window, from which I have a distinct view of the line of railway—I saw three or four boys on the wall looking over the line—there is a little place there where they can get up and stand on the wall and get over—I saw two on the line—one laid a brick on the line, and he got away, but the other who did not lay the brick on the line was taken; that was the prisoner—I am sure he did not place the brick on the line—I saw him taken into custody—the other boy ran up the steps and got away.

Cross-examined. Q. Which side were the boys? A. On the Farringdon Street side—the man who took the boy into custody came straight along the line—I only saw two boys—I did not see the train at all, or the man jump out of it—I saw the boy taken into custody—he had no brick in his hand—I only saw one brick put on the line.

JOSEPH BEVING . I live at 25 Poppins Court, Fleet Street, and am in the employ of Odey and Co., plumbers and glaziers—I am fourteen years old—on 10th July I was at this railway looking over the wall—I saw the prisoner on the Newgate side of the way, and saw a gentleman take him into custody—I was on the line—Charles Carr accidentally shoved him off the wall on the line, and he had hardly time to go across when he was taken—he did not place any brick on the line—I saw the train come up and the man lay hold of him—I had a view of the prisoner the whole time.

Cross-examined. Q. Where were you? A. On the wall by Bear Alley—Charles Carr was on the wall too—there was one boy on the line—I do not know who he was—I live in the same court with the prisoner—I do not know that two other boys were taken into custody and punished summarily—I ran away when the man came out of the train—I was not on the line—I ran home to tell his mother that he was taken.

WIILIAM BALDOCK . I live at 22, Poppins Court—I was near the railway on the 10th July—I saw the prisoner at the top of the wall—Charles Carr accidentally pushed him off the wall—he ran across the line and I saw him taken into custody—I am quite sure he did not place anything on the line—I must have seen it if he had.

Cross-examined. Q. Did you see anybody place anything on the line? A. Yes, a little boy—there were two boys on the line—the prisoner ran across the line, because he could not get up on our side—I went there to see the trains go by—the prisoner had not a brick when he was caught—I swear that—he had nothing in his hand.

CHARLES CARR . I am fourteen years old, and work at a printer's in Shoe Lane—on this evening I was at the wall of the railway with the prisoner—I happened to touch him and he fell over—he clung to the wall,

but could not hold, and was obliged to drop—he ran across the line and a train came up, and a gentleman came and caught hold of him, and he said to me he would mark me next—I am sure the prisoner did not place anything on the railway.

Cross-examined. Q. How long had you been sitting there? A. About ten minutes—the prisoner had no brick in his hand when he was caught—I saw a small boy, about nine years old, put a brick on the line—he ran up the steps—that was just before the prisoner was taken—the prisoner did not cross the line—he just touched the line, and was trying to get up on the other side when he was caught—I could see him all the time.

The prisoner received a good character.— NOT GUILTY .

The following prisoners pleaded GUILTY:—

680. ALICE HALES (16) , to stealing a watch and brooch of Henry Sanders, after a previous conviction.— Confined Eighteen Months . [Pleaded guilty: See original trial image.]

681. JAMES LLOYD (42) , to embezzling 3l. of Robert John Pawley, his master, after a previous conviction.— Confined Two Years . [Pleaded guilty: See original trial image.]

682. EMILY ALICE CHARLESWORTH (21) , to stealing a purse and 9s. of William Dyson from his person, after a previous conviction.**— Seven Years' Penal Servitude . [Pleaded guilty: See original trial image.]

683. GEORGE PARRIER (28) , to feloniously breaking and entering the dwellinghouse of David Bowman, and stealing a watch and other goods, his property.— Confined Eight Months . [Pleaded guilty: See original trial image.]

684. ROBERT WILLIAM GOOCH (22) , to a burglary in the dwellinghouse of Frederick Best, and stealing a portmanteau and other goods, value 27l., his property. The prisoner received a good character.— Confined Nine months . [Pleaded guilty: See original trial image.]

685. ROBERT ROBINSON (18) , to stealing 240 postage labels, and 45l. in money, of Frederick William Pellatt, his master. Recommended to mercy by the prosecutor.— Confined Eighteen Months . [Pleaded guilty: See original trial image.]

686. ALFRED HARVEY (23) , to stealing a portmanteau, four handkerchiefs, and other goods, of Edward Osman.— Confined Six Months . [Pleaded guilty: See original trial image.]

687. MARY PARKER (42) , to stealing a purse and 3s. 6d. of Jane Martin, from her person.— Confined Nine Months . [Pleaded guilty: See original trial image.]

688. JOHN HILL (21) , to feloniously uttering three forged orders for the delivery of goods.— Confined Eighteen Months . [Pleaded guilty: See original trial image.]

689. SAMUEL SUTTON (47) , to feloniously uttering a forged order, with intent to defraud.— Confined Fifteen Months . [Pleaded guilty: See original trial image.]

690. CORNELIUS DONOVAN (17) and HENRY HUNT (17) , to stealing two pairs of trousers and other goods, of Edward Austen.—. Donovan,** Five Years' Penal Servitude; Hunt,† Confined Twelve Months [Pleaded guilty: See original trial image.]

NEW COURT.—Tuesday, August 14th, 1866.

Before Mr. Common Serjeant.

691. JOHN CLARK (56), JOHN BUTLER (40), JOHN CONOLLY (33), and JOHN DAWSON (30) , Unlawfully uttering counterfeit coin.

MESSRS. THOMPSON and STRAIGHT conducted the Prosecution.

ELIZABETH CLARK . My father keeps the "Napier's Cabin" beershop, Archway Place, Highgate Hill—on 24th July, about half-past nine a.m., the four prisoners came—I had seen them there together before I believe—they went into the parlour—Clark then came to the bar and asked for three pots of beer, which came to 1s.—he paid with coppers, and I took it into the parlour to him—he afterwards came again for another three pots,

and paid me with 1s., which I put in the till—Butler came next for three pots of beer and gave me 1s., which I put in the till—Clark then came for three pots more and paid me with a half-crown, which I put in the till and gave him three sixpences change from my pocket—that made 12 pots—Clark afterwards came for two pots of beer, and said if I gave him 6d. change—(they had not left the house; there were about a dozen men)—Conolly came next for three pots of beer—he paid me 1s., which I put in the till—Dawson also came for three pots and paid me 1s., which I put in the till—Clark came next for three pots and half an ounce of tobacco, and gave me a second half-crown—I gave him 1s. 4d. change, 1s. out of the till and 4d. in copper—Butler then came to the bar and called for three pots—I took it into the parlour—he gave me 1s., which I put in the till—Clark then called for three pots and paid with 1s., which I put in the till—they were there from half-past nine till a quarter-past four—I had looked in the till before they came, and there was nothing but coppers there—during the whole time they were in the house I put no money into the till but what they gave me—about four o'clock they dropped off one or two at a time, but Clark remained—he asked for a pint of sixpenny ale and put down a 5s. piece—I had not change and sent for it, and the person came back and gave it to Clark, saying that it was bad—he said that he had pawned his clothes for 6s.—the man said, "You had better take it back where you got it from," and he left—I afterwards examined the till and found seven bad shillings and two bad half-crowns—I went with a person in the evening to the "Whittington and Cat," saw Butler and Conolly, and gave them in charge—they both said, "I know nothing about it"—they did not deny drinking—I marked the coins and gave them to the constable—I went the same evening to a lodginghouse in Cat Court and found Clark—I said, loud enough for him to hear, "There is the old man who passed most of the bad money"—he was half asleep, and at first he denied it—he was not in bed—I said, "You look at me as if you did not know me"—he looked up and said, "Oh! yes, I have been drinking at the beershop down below 'the Stone'"—he said that he did not know anything about the bad money—I went to the "Lion" that evening and pointed out Dawson—I charged him with passing bad shillings—I did not hear what he said—these are the shillings and half-crowns (produced).

Butler. Q. Was I half an hour in the house before I fell asleep? A. You were asleep about two hours—I received no money except from you four—all the other men drank with you and paid me nothing.

ELIZABETH SIMPSON . I am the wife of Vincent Simpson, who keeps a broker's shop at 7, Wellington Place, Upper Holloway—on 25th July Clark and Conolly came there, and there were a great many more men inside and outside—Clark bought a "slop" and a hat for 2s. 10d.—he gave me a half-crown and a 6d.; I gave him 2d. change and he left—I had kept the half-crown in my hand and then found it was bad—this is it (produced)—my husband marked it in my presence.

Clark. It was I who asked your husband to buy a hat and "slop" of me.

Witness. Yes, he bought them and you came and bought them back again six or seven hours afterwards.

WILLIAM HARPER (Policeman Y 76). On 24th July I took the four prisoners—Butler and Conolly both said to Elizabeth Clark, "You must be a bad woman; we never gave you any money at all"—I asked Clark where the crown was that Phillips gave him back—he said that he knew

nothing about any crown, and if he had spent any bad money he took it at the pawnshop—I took Dawson at the "Lion," and told him Mrs. Clark was going to charge him with passing bad money—he said that he had none, he had a bad arm and could not run away—going to the station Clark said, "Mr. Dawson, of Hendon, must be a bad man; I took 1l. 8s. of him for work"—I said, "All in silver?" he said "Yes; I received the half-crown (produced) from Mrs. Simpson."

HENDRY DAWSON . I am a bailiff—on 19th July I employed Clark at haymaking and on several other days—I paid him several sums, 3s. 6d., 2s. 6d., 1s., and sometimes less—sometimes he was employed for an hour or two only when it was wet, and on finishing I paid him 19s. 6d.—he gave me change for a half-sovereign—I never paid him 27s. or 28s. at once—the money I gave him was good—we began on Thursday, the 19th, and finished that day three weeks.

COURT. Q. But he was in custody on 19th July, and could not have been in your service? A. Then it must have been on the first Thursday in July; it was just three weeks to a day.

WILLIAM WEBSTER . I am inspector of coin to the Mint—these half-crowns are bad, two of them are from one mould—these seven shillings are bad, and all from one mould.

Clark's Defence. I am as innocent as any man in court—I worked hard for the money at 3s. 6d. a day and my lodging—I slept at a public-house and changed the half-sovereign there.

Butler's Defence. Two or three of them called me in to have a drink, and there were nine or ten pots drunk—I went to sleep, and when I awoke the others were gone—whatever was done was while I was asleep.

Conolly's Defence. I was going to my lodging, and a man called me in, and then sent a woman to pawn his "slop" for 1s.—she laid down 11 1/2d., and we had three pots of beer—I had not a halfpenny with me.

Dawson's Defence. These men called me in and gave me some drink, and I was afterwards given in charge.

CLARK— GUILTY .— Confined Twelve Months . BUTLER, CONOLLY, and DAWSON— GUILTY .— Confined Nine Months each .

692. GEORGE BROWN (50) and WILLIAM CLEMENTS (53) , Unlawfully having counterfeit coin in their possession, with intent to utter it.

MESSRS. THOMPSON and STRAIGHT conducted the Prosecution.

FANNY BUSS . I am barmaid at the "Prince Alfred," Eleanor Road, Hackney—about a month or six weeks ago, at 8 a. m., Clements came in for a glass of sixpenny ale—it came to threehalfpence—he gave me a bad shilling—I returned it—he said that he only had one penny, which he gave me—on 30th of July Brown came in alone and called for a half-pint of porter and a screw of tobacco (I had noticed Clements pass and go down the Eleanor Road)—Brown drank the porter and gave me a bad shilling—he said that he had only one penny—I kept the shilling and Mrs. Empson tried it with caustic; this is it—I told him it was bad—he said that he humbly begged my pardon and I could keep it; he left—I went to the door and saw Clements, who turned back and passed again and went towards Hackney—Brown went the same way—I spoke to Mr. Eady—we had not tested the coin when he said that I might keep it.

BENJAMIN EADY . Miss Buss described Clements to me, and while going

in search of him Brown passed, and she said, "That is the man who has just given me a bad shilling"—I followed him into the Richmond Road, where Clements was waiting—Brown got into his trap and they both drove off together—I told the policeman, and then went in search of the prisoners—I met them driving down Church Street, Hackney, and afterwards saw them in custody.

DANIEL HASTINGS (Policeman 66 N). On 30th July Eady pointed out the prisoners to me riding in a cart in Church Street, Hackney—I stopped them—Clements was driving—I went to the horse's head and told Clements I wanted him; he would not stop, but kept going on—I kept the horse's head for perhaps fifty seconds, and then tried to get into the cart—I saw Clement's hand go into his breast; he drew out a small parcel—I got into the cart, and he made a motion as if he threw something from the cart—I stopped the cart—Hunt and Jessop came up, and Jessop handed me a parcel containing six bad shillings and four bad florins—two more bad florins, which fell out, were handed to me (produced)—Hunt said that he saw Clements throw it from his hand out of the back of the cart—another constable came to my assistance—I took Clements—Mr. Eady came up and charged him—I searched him, and found a purse containing 9d. in good money, a memorandum-book, and a pair of glasses—he said at the station that Brown was quite a stranger to him, he took him up on the road and gave him a lift.

Clements. Q. Did you tell one of the witnesses to keep his son away during the examination? A. No.

JOHN BRAND (Policeman 60 N). I went to Hastings's assistance, and got into the cart—I took Brown and found this bad shilling (produced) at his feet wrapped up in a piece of paper—I took him to the station, and found on him a good sixpence, fivepence in copper, and a knife—Miss Buss identified the shilling.

GEORGE HUNT . I live at Templar Road, Hackney—on 20th July I saw the two prisoners in Church Street—the policeman was scuffling with Clements in the cart—I walked behind the cart, and saw Clements throw a white paper parcel from his hand—I was about picking it up, and the boy Jessop picked it up—I saw two florins fall out of it.

EDWARD JESSOP . I live in Triangle Lane, Hackney—I picked up a parcel in the road—I did not see it thrown from the cart—I also picked up two florins and gave them to the prosecutor—Hunt was by me.

Clements. Q. Did the prosecutor say anything to your father? A. No—he did not tell my father I was not wanted—he told my master.

WILLIAM WEBSTER . The coins produced are all bad—the shilling uttered by Brown is from the same mould as the one found in the cart—in the package picked up are six shillings all from one mould, and from the same mould as the other two; these six florins are all from one mould.

Clements's Defence. I was going along this road, and this man asked me to give him a lift—I said yes; and thereby this difficulty is brought upon me—I took nothing from my breast.

GUILTY .**— Confined Eighteen Months each .

693. THOMAS WILLIAM SIDDELL (35) PLEADEDGUILTY to feloniously forging and uttering an acceptance to a bill of exchange for 35l., with intent to defraud. Received a good character. Recommended to mercy by the Prosecutor.— Confined Eighteen Months .

694. GEORGE JAMES PORTER (29) , to stealing an order for 43l. 5s., also to embezzling 12l. 7s.of William Blenkiron and another, his masters.

Mr. Lewis stated that his defalcations amounted to 3000l.— Judgment respited. And,

695. THOMAS TAYLOR (25) , to embezzling the sums of 8l. 19s. 6d. and 2l. 17s. 6d. of Robert Whittingham Bickley, his master.— Confined Twelve Months . [Pleaded guilty: See original trial image.]

696. GEORGE JOHNSTONE (33) , Stealing two silver ladles, twelve silver spoons, a diamond locket, and other articles of Henry Whitmore, in his dwellinghouse.

MESSRS. RIBTON and POLAND conducted the Prosecution, and MESSRS. SLEIGH and PATER the Defence.

WILLIAM COOK . I am a footman in the service of Mr. Whitmore, M. P. for Bridgnorth, of 68, Eaton Place—I was a servant there on the 6th July—the prisoner called on that day about twenty or twenty-five minutes past one—the visitors' bell rang soon afterwards—I answered when the prisoner came—he asked me if Mr. Whitmore was at home, and I told him he was not—he asked mo if Mrs. Whitmore was at home, and I said, "Yes"—he said he wanted the address of Mr. Bluck, a friend of Mr. Whitmore's, if Mrs. Whitmore would see him—I asked his name, and he said Captain Marden—he came into the hall—I shut the door and went up to Mrs. Whitmore—she told me the address—she was in the drawing-room—I returned into the hall and gave the prisoner the address, 21, Upper Ranelagh Street—when I gave him the address he said, "Thank you, good day, good day," got into a Hansom cab which was waiting at the door, and drove off—I had laid out the things in the dining-room that morning—I put some spoons and forks and a quantity of other silver on a side table, which is opposite the dining-room door, and which was open—any one in the hall could see the silver on the table quite plain—after the prisoner had gone the visitors' bell rang—I cannot exactly say how long after, it might be a quarter of an hour—I then found the street door open and a servant at the door—I went into the dining-room after a short time, and missed some ladles, forks, spoons, and several other things, which I had left in the dining-room—I gave the alarm to Mrs. Price, the lady's-maid—she went upstairs to the drawing-room—the next time I saw the prisoner was at Westminster Police Station—before I went to the station I had seen a photograph—I could not identify it—I said I could not swear to it—there were six or eight persons standing with the prisoner—I pointed him out at once—I have not the least doubt that he is the man who called on that morning.

Cross-examined by MR. SLEIGH. Q. Have you the least doubt now? A. No—I had never seen the man before—he had his hat on all the while—I gave a description of him the same afternoon—I said he was about twenty-nine years old, and that he might be taller than me—I was measured two or three years ago—I might then be five feet seven inches—I am twenty-three now, and have done growing—you asked me my height before the magistrate, and I said that I might be five feet nine and a half inches without my boots—I did not say that the man had a light beard and light whiskers—I said that they were rather dark—I said the other day that I thought his hair was light, what I saw of it, and his whiskers and moustache were dark—he had his hat on—the prisoner has not light hair, but he is the man who called—I said that he had a light overcoat and a blue waistcoat bound with braid—the description of the waistcoat is wrong—I heard it read over to me, but I did not hear the light waistcoat read, or I should

have stopped it—I signed it—Mr. Rolls showed me the portrait on Saturday—I went to see the prisoner on the following Wednesday—Mr. Rolls informed me that they had a man in custody whom they believed to be the man—he showed me a photograph on the Saturday, and I said that it was like the man, but I would not swear to it—when I was first taken into the yard I identified the prisoner as the man who called—I did not notice the others; when I saw him, I did not notice that any of them had a beard and moustache.

MR. RIBTON. Q. What did you say to the constable? A. That his hair was light, I thought, but his moustache and whiskers rather dark—I was cross-examined by the attorney, and said that the man had a light coat and trousers, and a blue waistcoat with braid on it—this (produced) is the photograph that was shown me—I said that there was a little likeness in the eyes and nose, but I would not swear to it by that—I observe that there is no moustache in this.

MR. SLEIGH. Q. Were you shown several photographs? A. No, only one, but he had others, which I did not look at.

MARY PRICE . I am lady's-maid to Mrs. Whitmore—on the 6th July, between four and five in the afternoon, she missed a diamond brooch, a heart-shaped locket, a bracelet, and some rings and earrings from a drawer in her bedroom on the second floor front, which I had seen safe at tea in the morning—these (produced) are the earrings—they had on them, "H.D., December 12th, 1860," which is erased now—I was shown some diamonds before the magistrate which were similar to those in the brooch and locket—they were rose diamonds.

Cross-examined by MR. PATER. Q. You had not been into the room since ten, had you? A. No—there are four female servants in the house—I did not go upstairs again till nearly two, after the things were missed.

WILLIAM SPROKE CHARLES . I am a jeweller, of 19, Church Street, Soho—I know the prisoner by the name of Mr. George—I have occasionally done repairs for him—on the 7th July, between one and two o'clock, he brought a half-hoop ring for me to put some stones in, and I bought a small packet of diamonds of him—I agreed to pay him 6l. 4s. per carat, which came to 22l. 9s. 6d.—I gave him a cheque for 21l. and the rest in money—we do not give any invoice when we deliver over the counter—I did not know the prisoner's address—he did not say where he got them—I took him to be a dealer in the usual way—he had been speaking about rose diamonds before, and I said that I should like to have a little lot if he had such things—there were from 100 to 150 rose diamonds and brilliants mixed—I did not count them.

Cross-examined by MR. SLEIGH. Q. Can you say that these diamonds ever were in a setting? A. I cannot—they are what are called in the trade loose diamonds—some of them are a little off colour—I very rarely visit Debenham and Storr's—I have been there, but I never saw jewellery and diamonds sold in the room, irrespective of those sold by the auctioneer; I have seen them sold at public-houses and out of doors, but not in the rooms—I have seen things sold just outside the doors—these diamonds are odds and ends—when I have spoken to the prisoner before he has told me that he has had some odds and ends about him—this was a fortnight or three weeks previously.

MR. RIBTON. Q. Would there be marks if they had been set? A. Not if they were cleaned—I never saw loose diamonds sold outside Debenham and Storr's, but I have seen diamond rings exchanged in bargains.

COURT. Q. Where do you mean, outside the door? A. No, in public-houses—I have gone from the sales to one of the refreshment houses, but not when a sale has been going on—these sales have nothing to do with Debenham's sales—I have attended sales at Debenham's, perhaps twenty times, but I never bought anything—I never saw things sold from one man to another in the rooms—I have bought small lots of diamonds of other men besides the prisoner—Willett is one dealer—I do not know where the prisoner deals in diamonds—Willett lives in Golden Square—he has a private place, a small room at the back of a house—his name is up, but not "diamond dealer"—I have dealt with him perhaps two years or more—I only applied to the prisoner twice for diamonds—I have known him eighteen months—George is the only name I know him by—I never saw him at any diamond sale—I have met him in the street, and at Caldwell's public-house, Dean Street, Soho.

FRANK STEAD . I am an engraver, of Frith Street, Soho—I have known the prisoner as Mr. George about three years—he came to me on the 17th July, and brought a pair of earrings, off which he wished me to erase the initials and date—I did not see the date—I sent them to Shipwright, desiring him to erase it—they were brought back at six o'clock the same evening with the initials and date erased—the prisoner did not come for them, and on the 18th I saw a constable—he waited outside, and the prisoner came in at about half-past two or three o'clock—he and the prisoner had a conversation—I gave them to the prisoner.

Cross-examined by MR. SLEIGH. Q. Had you known the prisoner to be a dealer in jewellery for three years? A. In second-hand jewellery and watches—he is a respectable honest man as far as my transactions are concerned—I have been about thirty years in the trade—I believe it is an every-day occurrence for dealers and others to go about from place to place. selling watches, rings, and precious stones—I have been at Debenham and Storr's a few times—not often—I do not know of my own knowledge that things change hands there which are not bought of the auctioneer, but I understand that it is so—it is very common for jewellery to be bought and sold with initials on it, which are afterwards erased, or they could not be sold, unredeemed pledges, for instance, with crests and initials on them.

MR. RIBTON. Q. Did you know him as Mr. George? A. Yes—never by any other name—I had never erased anything before for him—I had his address left with me—I cannot tell you the number, but it was by Hampstead—he gave me that address in writing perhaps twelve months back, but I forget it now—I never heard of his living in St. John's Wood under the name of Scholefield—I bought a gold watch of him about two years back, and he has called on me for things for sale—he did so for two or three weeks perhaps—he frequently called to show me jewellery, generally speaking watches—he sold me a watch two years ago for 10l., for which I have his receipt in my pocket (produced)—here is an initial before George, which is undoubtedly the same name—I do not know whether I had his address at that time—he did not tell me where he got the watch—I paid a fair price for it—there is no address on the receipt—I had no dealings with him for twelve months afterwards, but he frequently called to see me—the transaction twelve months ago was for two opals, I think to be set into a ring—I saw him once a month perhaps—I always thought Haverstock Hill was his private address—I did not consider that he was a shopkeeper—I did not go there—I looked at the date on the earrings, but could not see it without glasses—I think there were initials at the top—I

am sure there was a date and a year—he requested to have them at six that evening, but gave me no reason for that.

MR. SLEIGH. Q. Did you subsequently go to the address he gave you? A. Yes; it was 7, Grafton Terrace, Haverstock Hill, Hampstead—there has never been any difficulty when he has brought me watches or rings.

WILLIAM WRIGHT COLEMAN . I am apprentice to Mr. Stead—on 17th July I received these earrings from him, and took them to Mr. Shipwright—they had initials and a date on them.

ALEXANDER EDWARD SHIPWRIGHT . I carry on business with my father, a jeweller, at 65, Frith Street—on 17th July I received these earrings, they had on them two letters and "December 20, 1860"—I gave them to my apprentice, Beeby, to take out the marks and the date.

Cross-examined by MR. SLEIGH. Q. You did not suppose you were doing anything wrong? A. Certainly not—I am with my father in business—he is not here—the initial was in the centre of the earrings, it was not a monogram, it was two distinct letters.

JAMES BEEBY . I am assistant to Mr. Shipwright—on 17th July I received these earrings, to erase the date and initial—I erased two letters and the date, December 20, 1860.

Cross-examined by MR. SLEIGH. Q. Have you been in the trade a good many years? A. Eight years—it is common to erase the date on jewellery before it is offered for resale—I have done it several times—it cannot be sold in all cases readily unless it is done.

GUILIOZE CAVE . I am in the service of Messrs. Hunt and Roskill—these earrings were made to Mr. Whitmore's order in April, 1861—I see on them marks of erasure—there were no initials on them when they were sold, but they were engraved—these are the same.

MRS.—WHITMORE. On 6th July I lost some rings and a brooch from a drawer in my dressing-table—the brooch was set with diamonds, flat at the top like these, but some were larger—these are the same sort, but I think there were more—they were white diamonds—these earrings are mine—the initials on them were "H.D., December 20, 1860"—the value of the jewellery and plate altogether is between 400l. and 500l.

WILLIAM BROOKER (Policeman 26 B). I went with Inspector Rhodes, on 18th July, between two and three o'clock, to Stead's, in Frith Street, in plain clothes, and waited there till the prisoner came—I told him I was an officer, and asked him to tell me where he got the diamond earrings from—he said, "I bought them of a Mr. Hunt, at Debenbam and Storr's auction rooms, last Monday"—I said, "I should like to know who Mr. Hunt is"—he said, "I do not know his exact address; if you will accompany me to Mr. Walton's, in Edward Street, I shall be there able to ascertain where Mr. Hunt now lives, as he has latterly changed his address"—I said, "I am an officer; you tell me where you got the earrings, as they are stolen property"—he said, "Where from?"—I said "From 68, Eaton Place"—I went with him to Walton's oilshop, Edward Street, Wardour Street—he walked in first, and went and stood by the front of the counter where customers stand—Mr. Walton was on the other side of the counter—the prisoner said, "Will you give me the address of Mr. Hunt, that I bought some things of before? You know Mr. Hunt the one I mean," placing his stick on the counter sharp, making a rattle as he laid it down, and leaving it lying there—Mr. Walton took a red book down and looked for Mr. Hunt's address, and just as he had got the book open

the prisoner said, "Bill, I want to speak to you"—he had shifted his position then to the end of the counter—there was a young man standing there, who, I think, spoke to him—there were some oil casks there, and the prisoner turned round and went through a trap door, leading into the cellar—it was a hole in the floor, but there was no trap to it—I went after him as quick as possible down the hole, but it was all darkness—I could not see my hand before me, but I heard a door shut, as if somebody was going out above me—I groped about for some time and found I was kicking against bottles, and a dog was flying at my heels—I called for a light, which a was brought, and with the assistance of a sergeant I searched about, but could not find the prisoner—the cellar leads from under Mr. Walton's house to the next house, and there is a sort of passage which leads under the next shop, a tobacconist's, and into his shop—there is a regular thoroughfare out there to 95, Wardour Street—I found that the prisoner had gone—I went in the evening with Inspector Rhodes to Wellington Terrace, St. John's Wood—I was there in police clothes and dressed quite differently—I saw the prisoner talking to a man—I walked up to him with Rhodes, put my on his shoulder, and said, "Good morning, Mr. George"—Rhodes laid hold of him on the other side, and he turned round very indignantly and said, "My name is not Mr. George, it is Mr. Collins"—I said, "You are the same Mr. George as got away from me to-day at Mr. Walton's, but there is no trapdoor here"—he said, "I left you for the purpose of finding the man I bought the diamond rings of"—I took him in custody—he said that he felt very uncomfortable, as he could not find Mr. Hunt, and that was the reason he escaped from me—I told him I felt equally uncomfortable at his escape—he gave his name at the station George Johnson, a commission agent—Rhodes searched him, and found a quantity of keys and duplicates, and a photograph.

Cross-examined by ME. SLEIGH. Q. Did he describe himself as an agent? A. as a commission agent and bill discounter—I have frequently looked into Debenham and Storr's, and have seen articles sold outside the door in the street, not jewellery, but clothes and other things, and I have seen rings sold, but not watches—I saw two rings sold outside—I have seen people buy things inside and afterwards take them outside and sell them—I have made inquiries at Debenham and Storr's—I do not find that it is usual to sell jewellery in the room, but it has been done—it is not allowed if it is known—I find that it is common for persons in the room to deal in jewellery after they have bought it at the auction—I have seen articles of jewellery sold in the neighbouring public-houses.

RHODES (Policeman). I was with Brooker when the prisoner was taken to the station—he gave his name, "Johnson, 11, Wellington Terrace, St. John's Wood"—several articles were found on him, and I think twelve duplicates, one of which (produced) is in the name of Martin, for a cigar case pledged for 10s. at 196, Store Street; the others were for two rings pledged for 7l. in the name of Mrs. Mary Howard, September, 1865; also three in the name of Johnson, and a pawnbroker's agreement for 35l. in the name of Johnson—I found the photograph on him which I showed to Cook and the other servants—I went to his house, and among other things found a card-plate with the name of Johnson, and some cards printed from it; also a pocket-book with the name of Martin written in it containing betting transactions—I also found this instrument for opening doors.

MR. SLEIGH. Q. Did you take four photographs away? A. Yes—they

were all found on him—I only showed Cook one of them—the prisoner is the landlord of the house—there were no lodgers there—there were only his wife and servant there.

MR. RIBTON. Q. Where did you find this instrument? A. In a drawer which he gave me the key of—it is used by hotel thieves for turning keys from outside the doors when the doors are locked inside and a portion of the key comes through to the outside.

EDWIN JAMES TINDAL . I am agent for the landlord of 11, Wellington Terrace, St. John's Wood—I let that house to the prisoner on 17th March, and he signed this agreement (produced), "Charles James Schofield, 7, Grafton Terrace, Maitland Park," on 23rd March, 1866—I only knew him by that name.

Cross-examined by MR. SLEIGH. Q. Did he sign it in your presence? A. No, but he has admitted it—I never saw him write—my clerk Ikey gave it to me on the day it was signed—I have conversed with the prisoner twice about it since it was signed—I showed it to him a month or three weeks after it was signed, and he told me that it was his signature, but that it did not contain two clauses which I had inserted in his lease—he said, "I have signed that agreement, and that agreement I will stick to, but I will not sign the lease you have sent me"—I do not know a Captain Martin in my neighbourhood.

JOHN CHOWN (Police Sergeant E 5). I have known the prisoner ten or eleven years as George Schofield, and also as "Silly George—I never knew him as Captain Martin.

WILLIAM WING . I am in the service of Debenham and Storr—there was no sale of jewellery at their rooms on 16th July, only of cloths and piece goods—I do not know a person named Hunt dealing at those rooms—our sales are by auction at our rooms in King Street, Covent Garden.

Cross-examined by MR. PATER. Q. Is it the custom that sales do take place in the rooms without Messrs. Debenham approving of it? A. We do not allow any sales; if a person buys anything we cannot prevent it, but we turn anybody out who is found there selling goods—I know of no transaction of this kind.

GUILTY .*— The police stated that he was the associate of about thirty burglars, and was concerned in many plate and jewel robberies.—Seven Years' Penal Servitude .

OLD COURT.—Wednesday, August 15th, 1866.

Before Mr. Justice Keating.

697. HARRIET DROMARD (30) , Feloniously killing and slaying Emily Dromard.

MESSRS. COLLINS and MOIR conducted the Prosecution.

ELIZABETH LAWSON . I am the wife of William Lawson, and live at 16, Little Albany Street, Regent's Park—I keep a lodginghouse—about the beginning of June the prisoner came there with two children—she said she was a married woman—there was a man with her for the first week, a German—she said he was her husband, but I never saw him after the second week—she lodged at my house for seven weeks, in the front kitchen—she was drunk and disorderly while she lived in my house, and neglected her infant very much—it was a month old when she came—the

other was three years old—she was always out of a night after the second week—she used to take the little boy with her and lock the infant in the front kitchen—she has locked it there for 12 and 13 hours at a stretch, and nobody could get in to give it any food—we could hear it cry—I know that she left it one Saturday night from half-past two till half-past one on Sunday—I thought then it was time to see into it, and I went to a policeman and then to the parish doctor—I got a parish order and brought the doctor—I told him, in the prisoner's presence, that the child was left without food—he picked it up and looked at its eyes, and it was quite blind—he did not say much to the mother—he told me he would send the parish officer to fetch it—in about two hours he sent the parish officer, who asked me to take the child to the workhouse, which I did—the prisoner was not at home then—when we got there the child was opened, and it was as raw as a beef of beef through neglect—it was then taken to the nursery of the workhouse—the right heel of the child was burnt very much, and the left heel a little, but not so much as the other—I left the child there and never saw it afterwards—it looked to me as if it was starved and wanted proper nourishment—I never saw it get any food—I never saw the mother give it the breast.

Prisoner. Q. Did you not tell me not to go to the workhouse at all, but to go into another district, and then they would not be able to touch me? A. No, nothing of the sort—you behaved very badly at my house—my husband never had his clothes off for three weeks for trying to keep men out of the house that you brought there.

Prisoner. It is false—I was allowed 15s. a week, and I always supported my children and myself properly.

Witness. I was not aware that she had 15s. a week—she told me she had 10s.

COURT. Q. If she was so drunk and disorderly, and was leading such a disreputable life, how came you to allow her to remain in your house? A. Because I could not get her out—I tried to do so—I did turn her out, and when she went out I locked her out and her two children.

MATILDA BAILEY . I am the wife of Robert Bailey, a stonemason, and live in the last witness's house—the prisoner occupied the front kitchen and I the back—I knew the deceased child—I have seen it in the prisoner's arms—I heard it crying very badly—it cried from Saturday afternoon from two or three o'clock, to one o'clock the next morning—it was in the room by itself—I do not know where the prisoner was, unless she was in the public-house—she was always drunk—I tried the door many times, but it was fastened—the child looked very bad—I never saw the prisoner wash it—I was never in her room—I have heard the child cry a great many times—I cannot say how many—at three, four, or five o'clock.

Prisoner. I never left my child alone that time—I kept a person, a Mrs. Maule, to look after my children.

Witness. Your companions were not much better than yourself—I never saw any person left to look after the children—there was a woman that Mrs. Lawson gave seven days to—I know nothing of her—it was one Saturday that she left the child so many hours—I cannot tell the day of the month—it was about three weeks or a month after she came, about a week before the child was taken to the workhouse—when I spoke to her about leaving her child she spat in my face.

HENRY ATKINS . I live at 3, Union Street, Cleveland Street, and am

a blind maker—I let lodgings—the prisoner came to my house on Saturday afternoon, 14th July, with her two children and took the top floor—she only stayed three days—she went away on the Tuesday—she conducted herself very badly, leaving her children crying—the Saturday night that she came in she left it for four or five hours, and on the Sunday she went out about five o'clock and never came back till half-past twelve in the morning, when she came in quite tipsy with a man—the child was crying almost all the time—I went upstairs to see it—it was lying on its back, with nothing on, except a band round its belly—there was no one left to take care of it or any food—my wife and I went into the room and saw it—we did not pull it about, but we saw it lying on the floor—I went to the police-station about it and the inspector came—she sold her things on the Tuesday and went away—I did not see her go—the child looked a poor little thing as it lay on the floor—I did not examine it particularly.

Prisoner. Q. What do you mean by saying it was lying on the floor? A. There was no bedstead—there was no mattress—it was lying on a kind of blanket or sheet, not on the bare boards—you had not time to put up a bedstead—there was a mattress in the room—the whole neighbourhood was alarmed by the child's crying hour after hour—you moved in on Saturday night at five o'clock—the baby was left quite six hours and a half.

SAMUEL CHESTER . I am inspector for the out-door poor for the parish of Marylebone—on 17th July I saw the deceased child at Mr. Atkins's house—it was lying partly on a mattress on the floor, and partly on the floor—its head was on the floor—it had a bedgown on, nothing else—I saw the prisoner and another child in the room—I asked the prisoner why she let the child be in the state it was—she made no answer—I told her to take it up and take care of it as she ought to do—she got up from the mattress where she was lying, took up the child, and put it to her breast—she appeared to have a full breast—she was sober—I did not examine the child—it appeared very bad, and seemed to want proper nourishment—the child took hold of the breast eagerly, and from the motion of its mouth and throat I concluded it was sucking—I asked the prisoner if she was a married woman—she said she was—I asked her if her husband had left her—she said no, she had left him—I asked her what he was—she said a watchmaker, and he lived in Soho, but she would not tell me where—I then asked her if she was in want of relief; if she was I would give her some—she said "No"—I went for the doctor afterwards, telling her if she did not take proper care of the child I should call again the following day, and I should have to take proceedings against her—I went the following day and she was gone.

JAMES ALLEN . I am barman at the "One Tun," Goodge Street—I saw the prisoner there on 16th July with some females and two children—some of her friends called for some porter shortly after she had been there—we were rather busy at the time—I saw her throw down the child, and run out after some person—the child was an infant about three months old—she threw it in the corner of the bar—she was outside several minutes, and I said to her friends, "If you do not pick up this child I shall give it into the hands of a policeman," and they picked it up—she shortly returned, and they gave it to her, and after that she gave it some beer and some gin—I think she was the worse for drink.

Prisoner. Q. Are you sure I threw the child down? A. Yes, positive—I saw you throw it down—it cried—you were three parts the worse for

liquor—it was not aniseed you gave the child—I am positive it was gin—we sell aniseed.

THOMAS GREEN . I am a bricklayer, of 20, Cumberland Street—I was at the bar of the "One Tun," in Goodge Street, on the Monday evening before the inquest—I saw the prisoner with a child in her arms about three months old, and saw her throw the child down to go out and fight a woman—I am quite sure she threw it down—it lay there till somebody picked it up—it cried a little, not much—she was not many minutes fighting the woman—the woman was aggravating her very much and exciting her outside, using very dreadful language, and, in her excitement, she threw the child clown, and went out to fight her—when she came in she took the child out of the arms of the woman who picked it up—it looked very ill—I had seen it before several times—it never looked a healthy child—she had another child with her, a little boy, it was playing about the floor.

JOHN MARTIN . I am watchman and night porter at the Strand Union workhouse—on 17th July the prisoner came there at eleven o'clock at night with her children and wanted admittance for the night—I took her in—I found she was very tipsy, and as I was closing the door some gentlemen said to me that I had better send for a doctor, as the woman had let the child fall—I directly took it to the matron—I told her what I had heard—she told me to fetch a doctor as soon as I could—I handed it over to the night nurse.

Prisoner. Q. What gentleman was it said that? A. I do not know, there were so many outside.

JOSEPH ROGERS . I am a member of the College of Surgeons, and a physician—I am medical officer to the Strand Union—on the morning of 18th July, about nine o'clock, I found the prisoner and her two children in the casual ward—my assistant had seen her at half-past eleven the previous night—I looked at the child, it appeared about three months old—I examined the prisoner, and came to the conclusion that she was a woman of dissipated habits—the child was in a debilitated condition, emaciated, and very dirty—one eye was gone, and nearly the whole of the globe of the other had sloughed away—it was somewhat glued together by an old discharge that had not been washed away—I did not examine its body at that time—the prisoner said she was a married woman, and lived in Rathbone Place, and I allowed her to go out with her child that morning—I saw the child on the following morning, Thursday—I heard that the prisoner had again come in drunk—I then decided to take the child away from her, as I thought she was an improper person to have the custody of it—I attended the child from that day, the 19th, to the time of its death, the 24th—I gave it into the hands of a responsible person, who was the nurse of children in the position in which this child was, and I relied on her and the matron to see it properly attended to—I saw it eat on one or two occasions—it ate freely and in the readiest manner, from a spoon, like an old woman—that is very unusual with children of that age—it indicates that they have been subject to considerable privation—I made a post-mortem examination about thirty-six hours after death—I found no bruises—there were two unhealthy boils in the front of each leg—it was blind with both eyes, the result of gonorrheal opthalmia, either contracted at the moment of birth, or given to the child subsequent to birth, that I could not be certain of—the child weighed four pounds fifteen ounces, and measured twenty-one inches long—twelve pounds would be

about the average weight of a child of that age—I examined the brain—it was healthy, a little firmer than I had usually seen—I attributed that to some slow form of inflammatory action, which had condensed its structure—the heart and liver were healthy, also the stomach and intestines—the lungs were healthy, with an exception of a slight bronchitis in the upper lobe, but far too slight to produce any deleterious consequences—there was extreme pallor of the body, and a total absence of fat everywhere—there was slight disease of the mesenteric glands, but not that amount that I have seen in other cases—I have made post-mortem examinations of a great many children who have died of mesenteric disease pure and simple—it is an enlargement of the glands of the mesentery, brought on by irritating or improper food where children are brought up by hand or exposed to damaging influences in the way of foul air, or any vitiating condition—gin and beer would of course provoke such a disease—there was a total pallor of the whole body—I do not know that I ever saw a case of a child so pefectly and entirely neglected—I attributed it entirely to neglect, and I formed that opinion at the time without having any previous history to guide me—I did not mark any appearance about the heels—I did not notice anything particular about the lower part of the stomach—the child had been in the house a week at that time, and had been carefully looked after and attended to by the nurse—I came to the conclusion that the death was provoked by neglect—there was a continuous neglect extending over a considerable time—it had not a fair chance of life—that neglect consisted in the deprivation of food, and a continuous administration of improper food—the nurse told me in the prisoner's presence that the child was in a dreadful state of neglect at the time it was brought in, and that it took its food in the most ravenous manner, that it was pitiable to see it, and the same thing was repeated to me on the second morning—the prisoner made no observation to me, or in my hearing—it was in consequence of the representations made to me in her presence that on my mere notion I was disposed to give her into the custody of the police, with a view to her being punished.

COURT. Q. Were the appearances you observed consistent with any original disease at the time of birth or soon after, preventing the child thriving? A. I saw no reason why the child should not thrive if properly attended to—I came to the conclusion that it could only be referred to neglect; in fact, I refused to certify, and requested the coroner's interference, in consequence of what I observed about the body of the child—all the appearances were consistent with death from neglect.

Prisoner. Q. Are you quite positive it was through neglect that the child died? A. I think it died from the consequences of neglect previous to its coming into the Strand Union, not afterwards—it was so dirty at the time it was admitted that I put it in the custody of the night nurse—I could not put it with other children, in consequence of the gonorrhoeal opthalmia—I put it in charge of the nurse who has had charge of the nursery for several years, and I was satisfied it was carefully tended after while it was in the union—I am not aware that a doctor in a hospital sent you to the workhouse—I allowed you to go away on the Wednesday on your statement that you were a married woman, the ward in which the child was was well ventilated, and a proper place for it—I thought the nurse a capable one—I am not aware that she was given to drink—she was certainly sober while she was there, because she had no opportunity of getting any drink without my orders—I allowed the child one or one

and a quarter ounce of brandy a day medicinally—I cannot say whether the nurse drank it—I am not there all day.

Prisoner's Defence.—I have always attended to my child—I never neglected it, but it was ill from its birth, and has been under medical care at the Middlesex Hospital since it was three days old—the place it was put into in the workhouse was not fit for it—there were children there with all manner of diseases, some of them had itch, and it smelt of brimstone so that it almost choked me, let alone the baby—I believe if I had had the child it would have been alive now—I always acted a mother's part to it.

GUILTY .— Confined Twelve Months ,

698. WALTER WATSON (17) was indicted for a rape upon Martha Hunt.

MR. MOIR conducted the Prosecution, and MR. DALY the Defence. GUILTY . Strongly recommended to mercy on account of his youth.— Five Year's Penal Servitude .

NEW COURT.—Wednesday, August 15, 1866.

Before Mr. Recorder.

699. PLATO SEXTON (18) and RAYMOND AYRES (19) , Robyery on Francis Allen, and stealing 2l. 5s., his property.

MESSRS. COOPER and DALY conducted the Prosecution, and MR. HARRIS the Defence.

FRANCIS ALLEN . I am a costermonger, of Hounslow Heath—on 14th July, about 5.30 p.m., I was crossing Sunbury Common to Feltham in a donkey-cart—the prisoners passed me in a cart, went on about 300 yards, and then turned round and passed me again—when I got to the "Red Lion," at Feltham, I got out to have a pint of beer—the prisoners got out of their pony-cart, and Ayres knocked me down with his first—he jumped on top of my chest and called Sexton, who held me while Ayres picked my pocket of 55s., leaving 7s. 6d. on me—I had had 1l., and 26s. or 27s. in silver—Ayres kicked me three times in the ribs and back—they jumped into the cart and drove away, and I ran after them, leaving my cart—I overtook them at the "Railway Inn," Feltham, and said, "Give me my money;" Ayres threw down two penny-pieces, and said, "Take your b—money"—after that he stabbed me through my cheek into my gums—I did not see anything in his hand—I knew the prisoners by sight, and am sure they are the men—Ayres goes about with a cart gathering dust.

Cross-examined. Q. What time did the robbery take place opposite the "Red Lion?" A. About half-past seven—it was bright daylight—I saw no one else there—I did not see Stewart, a potboy, or Taylor—there is a butcher's and a baker's shop opposite the "Red Lion"—I had come behind the prisoners all the way from Sunbury Common—there was no "jollying" going on between us—we passed no words with one another—I know a man named Keys—I did not tell him about it—I met two gentlemen in the Staines Road on Tuesday in a little trap—one of them asked me and I told him the same as I have told you—I said, "I met the prisoners at Halliford about five o'clock, and we had some beer together there at a public-house"—that is where I met them and had a pint of beer with them, but I never spoke to them, not to use any cross words—I did not tell him that they fell

"chaffing" me, or that they dodged their pony across the road—I had one pot of beer with them at the "Red Lion"—I told him that while I was there the prisoners kept on "jollying" me. Q. Did you also tell him that when they threw you down you did not call for assistance? A. I did not see any one to call—I did not put down any money to fight Ayres for—I was perfectly sober—I did not offer to fight him for a sovereign the folow ing Monday—I drank no beer with the prisoners, but I paid for it—there were more people there—that was at the first house—I do not know Taylor or Lovesay—I did not say, at the "Railway Inn," "I will fight you for this," showing some money—nor did Ayres say, "Very well"—Ayres did not pull out two sovereigns and throw them down; it was twopence—after I was knocked down Ayres did not say, "I will not fight any more," nor did I—I did not say, "I have had twenty b—quarts more than you"—I asked Ayres to give me my money—he did not say, "No; I have won it"—I did not hear a person tell Taylor that I and Ayres had put down money to fight for—I did not say, "Give me back the b—stakes, and I will fight you to-morrow for a sovereign"—I did not accuse anybody of robbery then.

STEPHEN CLARK . I am a labourer of Feltham—about half-past seven, on 14th July, I saw the prisoners and prosecutor opposite the "Railway Inn," Feltham—I heard a bother, and heard Allen say, "Give me my money"—Ayres chucked two pieces down, and said, "Take your b—money," and he struck him—Allen fell and lay there till he was picked up—I did not see Sexton do anything—I washed Allen with soap and flannel—none of the three were the worse for liquor—I did not see Sexton do anything.

Cross-examined. Q. Did you see anything in his hand? A. No—if there had been I dare say I should have seen it.

COURT. Q. In what state was Allen when you picked him up? A. Almost insensible and bleeding very much, which we could not stop—it was a fair down-stroke blow.

THOMAS BOLTON (Policeman 104 S). About half-past four o'clock I was on duty in Staines Road, and received information, and went to the prosecutor's house—from something he said, I went and found Sexton in the Staines Road, at the "Light Horse," Hounslow Heath—Allen gave him in custody—Sexton said, "I must go, I can see what it is for," as he saw the prosecutor with me—he said on the road, "I had nothing to do with the money; Ayres had the money"—I saw Ayres outside a house and told him the charge—he said, "I know nothing about it, I am going to the station for nothing"—I found on Ayres 1l. 0s. 10d. in silver, and two knives—on Sexton I only found a pipe.

THOMAS REID . I am a surgeon, of Hounslow—I examined Allen on the 15th, about 3 a. m.—I found a small incised wound on his cheek, extending about half an inch into his mouth through his cheek—it must have been done by a sharp penknife—I found a contused wound at the back of his head—the wound on his cheek could not have been made by a stone.

Cross-examined. Q. Do you mean to say that a sharp stone would not have made it? A. It is impossible—either of these knives would have done it.

Witnesses for the Defence.

WILLIAM STEWART . I am a brickmaker, of Halliford—on Saturday, 14th July, Ayres was in my employ—I paid him 30s. that evening, about half-past three—he was very sober then—I always found him very steady and obliging.

Cross-examined by MR. COOPER. Q. How long has he been in your employ? A. Between two and three months—I take those kind of men off and on—I am not particular about their characters when they enter.

JOHN SPILLER . I am potboy at the "Red Lion," at Feltham—on Saturday, 14th July, about half-past five, two lads came in a donkey-cart—I did not take much notice who they were—I do not know the prisoners—I did not see a pony-cart—I saw Allen—he was not one of them—I know him—he was just outside with the donkey-cart—I saw two men like the prisoners—the three men were drinking together, and went on using high words—they seemed to be chaffing—I saw no fighting.

JURY. Q. Did you ever see the prisoners before? A. Not that I know of—I saw no man knocked down—there had been no fighting when they went away—I saw no one bleeding.

ROBERT TAYLOR . On the 14th July I was at the "Railway Inn" from six to seven o'clock—I saw the prisoners and prosecutor there—I heard them wrangling, and Allen pulled off his coat to fight—I was there in two minutes and stood there all the blessed time—they went fighting, and they threw down a sovereign apiece to fight for—Sexton picked it up and said to Ayres, "You have won the money," and so he did—they had had a round or two, and Ayres beat him—Ayres said, "I will not have your money," and gave him a sovereign back into his hand—I saw the beginning of it—there was no knife in Ayres's hand, I take my solemn oath if I was going to die this minute, and Allen deserved all he had—there were forty or fifty people there—nothing was said about stabbing, or about a robbery by either of them.

Cross-examined by MR. COOPER. Q. You seem to have stood enjoying the fight? A. Of course I did—I never spoke to one or the other—I was nearer them than I am to you—I saw Ayres give the sovereign into Allen's hand, who said, "It is not a sovereign, only a half-sovereign." I said, "My dear boy, it is a sovereign," and he put it in his pocket and said, "What did you hit me for?" I said, "Oh! my dear cocky, I did not"—I saw Allen bleeding—Ayres said, "I will not fight you any more." Allen said, "I will fight you." He said, "I do not want you," and if Allen had not hit him he would have hit Allen, but did not—this was done by the teeth, and by the hit of the fist, not with any instrument whatever—the prisoners are as innocent as I am—Sexton's mother came and asked me to come up.

COURT. Q. How did they get together to fight? A. Allen was in a donkey-cart behind the prisoners, and as soon as they got to the "Railway Inn" they drawed one on each side—they all got out, and Allen began stripping to fight directly—I saw the sovereigns thrown down—I know Clark, a labourer of Feltham—he was at Mrs. Jones's, a jerry shop, looking from the window—I did not see him there, but plenty did—I saw him come out with a white cloth to wipe their faces—I saw Allen lifted up on his cart, and then he lay and bled and spewed for half or three-quarters of an hour, and who took him I did not know—I saw him knocked down three times, and the last time he was not able to come to time—he was knocked insensible, and serve him right too.

JOHN HARRIS . I keep the "Railway Inn," Feltham—on Saturday, the 14th July, about six in the evening, I was at my house and saw the prosecutor and, I think, the taller prisoner (Ayres) in the attitude of fighting—the remaining portion of one round was fought—I drove my pony into the stable-yard—they were fighting during the time I went through the

yard to the house, and Ayres I believe it was struck Allen and knocked him down—it was a fair blow on the mouth with the fist—I saw his hand, and I believe there was no knife in it, but I would not swear there was not, because I was six or seven yards from him—I saw him strike a blow direct from his shoulder, and saw the man fall—Ayres stood looking at him as he lay on the ground—there were twenty or thirty people there—nobody said anything about a stab—Ayres got on his legs after a minute and a half—he was somewhat staggered, but wanted to fight—the bystanders said, "Do not fight any more"—he said that he should have licked him if he had not had so much beer—the one who knocked him down said, "You have not had so much beer as I have." He said, "Yes, I have had twenty b—quarts more."

JURY. Q. When the prosecutor got up was he bleeding? A. Yes, from the mouth—he made no statement about having been robbed previous to that—I understood, from the conversation, that they had placed some money in a third party's hands to fight for—after Allen was knocked down he wanted some money that was deposited in the third party's hand—I heard the name of Sexton mentioned, but cannot say whether he was the third party.

MR. HARRIS. Q. Go on? A. The man who had been struck wished to fight again on Sunday morning, and then Clark came and washed the blood off his face—nothing was said about stabbing or robbery while I was there.

Cross-examined by MR. COOPER. Q. Did you see any money thrown down or picked up? A. No—I had never seen the prisoners before—I saw a donkey-cart or a barrow a little in advance—there was nobody in it, I believe—I saw Clark at a beerhouse opposite—the road is the width of this court, I should think—Clark could see as well as any of the other people—I do not think the prosecutor was insensible for some time—Clark assisted him across to the beerhouse. NOT GUILTY .

700. FRANK ALLEN (38) , Feloniously assaulting George Withers on the high seas, and occasioning him actual bodily harm.

MR. BESLEY conducted the Prosecution, and MR. LILLEY the Defence.

GEORGE WITHERS . I am first officer of the William Penn—I have served on board her three or four months—she is a new ship and sailed under British colours—her owners are Malkinson Brothers—they are British owners—the prisoner was an able seaman on the last voyage to New York—Waring was the third officer of the ship—between nine and twelve o'clock on 22nd June we were off the banks of Newfoundland—the helm was relieved at ten o'clock, and the prisoner and a man named Doughty went on—at ten minutes or a quarter past ten I found by watching the compass on the saloon deck that the ship went several points off her course—there were from 600 to 700 people on the ship—I gave charge of the ship to the third officer and Waring, and went to the wheel-house to ascertain the cause—I found Doughty there, but Allen was absent—he came into the wheel-house in about three minutes and took hold of the wheel—he was what I should term half drunk, and Doughty was slightly the worse for liquor—I said that it was requisite to have them relieved, and went and told the captain, who had just left the deck and was undressing—I received directions and went to the wheel-house and had them relieved by two of the watch—one man went away

quietly, but the prisoner held on to the wheel and would not suffer the ship to be steered—I reasoned with him, but it was of no use—a vessel was reported on the port bow, and I put my hand in a persuasive manner on his right shoulder, and he dealt me a blow in the face as hard as he could—a struggle ensued, and I eventually got him towards where the captain was, who assisted me—we all three struggled, and eventually the captain sent me below for a pair of handcuffs which I had in my cabin—I returned with them, but the captain said that we should be in port in a few days, and no doubt he would run away—he promised to behave himself, and was not handcuffed—I then went on the saloon deck and took charge of the ship—Waring was there—that is a part where seamen are not allowed to be—Waring was pacing across the deck, and I had paced a few yards on the starboard side, when I turned round and saw the prisoner in the act of striking me from behind—his hand was at my side with something in it, I could not make out what—(this was three-quarters of an hour after I had brought the handcuffs)—I sprang back and partially fell on my back—he jumped towards me—I jumped up and he made a blow at me—I dealt him a blow with the handcuffs, which I had in my pocket, and Waring called out, "He has got a knife in his hand"—I saw the knife before I struck him—the chief engineer got behind him and secured his hands round his waist—he tried to throw the knife away and it fell about a foot from his feet—he was secured—the captain was sent for and he was put in irons—he broke two pair of irons that night, and the third he picked in some way with a piece of string—they were two handcuffs with a chain between them—he was put down the steerage—the blow he struck me at the wheel-house took effect on the lower part of my nose—it hurt me, and made me all over blood—my nose has only just recovered—it knocked me against the wheel-house three feet from where I stood—this is not an ordinary English knife—sailors are not allowed to use them, and in American ships they take a pair of pincers and break the point off the knives.

Cross-examined. Q. Have not you seen him with that knife in his possession? A. Not till this evening—there were I believe several American seamen on board—I have not seen them with such knives as this—the prisoner was half drunk at the wheel—I cannot say how he got liquor—the men have an allowance, and are not allowed to bring spirits on board—I have never seen sailors' chests examined when they come on board—I had never seen the prisoner drunk before, or the other man—we had a light in the binnacle—I was three or three and a half feet from it when I was struck—there was also a light on the saloon deck and a compass—I did not strike the prisoner with the handcuffs till he struck at me with the knife—I had not got them in my hand till then—I swear I did not push him in the wheel-house—I only put my hand on his shoulder—I think I struck him twice with the handcuffs—he was confined in a bath-room for the rest of the voyage.

MR. BESLEY. Q. Had the passengers an allowance of liquor on board? A. Yes, and they make a practice of bringing kegs of liquor in their trunks.

COURT. Q. Is it an emigrant ship? A. It takes German emigrants—he was confined five days, till we got to New York, fastened by a pair of handcuffs, with a chain attached—I made a bed for him, and every care was taken of him—he was allowed to go on deck for exercise—the ship is 2500 tons.

WILLIAM WARING . I was third officer of the William Penn—I was on

the saloon deck on the night of the 22nd June, and saw the prisoner, with a knife in his hand, trying to stick the mate—I sang out, "Look out, he has got a knife"—he was secured.

Cross-examined. Q. Was it the prisoner's duty to steer? A. We have two men at the wheel—they both steer, and four men when we are going into harbour—there is not a captain of the wheel—if the ship is out of her course we speak to both men—they are both responsible—they both get the course—we have no ordinary seamen—they are all A.B's.

JOHN CHALLON . I was acting surgeon on board the William Penn—after the prisoner was placed in confinement I had to visit him twice or three times a day, according to discretion—he was treated properly.

Cross-examined. Q. Was he on short allowance? A. No—I always inquired whether he had sufficient to eat—he was five days under restraint, going to New York—I did not come back with him—I came in the William Penn.

MR. LILLEY submitted that, in the absence of the register, there was not sufficient evidence of the William Penn being a British ship; that proof of her carrying the British flag, and the owner being a British subject, did not suffice; and, further, that it was not proved that the ship was on the high seas within the jurisdiction of the Admiralty of England: the proper mode of showing this would be the production of the log. MR. BESLEY contended that the owner being a British subject and the vessel sailing under the British flag was sufficient (see Reg. v. Bjoensen, 34 Law Journal 180). THE COURT (having con-sulted MR. JUSTICE KEATING) considered that it was sufficient to show that the ship sailed under the British flag, and that her owners were British; it was more by implication than by any direct dictum that the production of the register, or a copy, was to be held necessary; and that as to her situation off Newfoundland, oral evidence was better than the production of the log.

GUILTY .— Confined Twelve Months .

701. WILLIAM JAMES JONES WILTON (13) , Stealing twelve forks, a pencil-case, a silver bouquet holder, and other articles, of John Henderson, his master, and DANIEL ROBERT READ (37) , Feloniously receiving the same. WILTON PLEADED GUILTY .— Confined Six Months .

MR. LEWIS conducted the Prosecution, and MR. SLEIGH the Defence.

WILLIAM JAMES JONES WILTON (the prisoner). I am thirteen years old—I was in the service of Mr. Henderson, of the Temple, about nine months—I recollect taking some property of his—a boy named Drew persuaded me to do it—I took some chessmen to Mr. Read's, the prisoner—I did not know him before—we asked him if he bought them—he said, "Yes"—he asked me where I lived—I told him in Stamford Street, but I lived in Providence Place—he did not ask me how I came by them—I forget what he gave me—he offered me a price and I took it—that was the first thing I took to his shop—I went with Drew—I went again about a fortnight before I was taken into custody—Drew asked him if he bought silver at the time I took the chessmen—he said, "Yes"—Drew is a little taller than me—he was fifteen years old—he said that he would bring some silver, and we took a dozen forks—we did not take all the silver forks at that time—we also took a large soup ladle and some spoons—we did not take all the plate at that time—he gave us 1l. 10s. for the forks and the ladle and the spoon altogether—there were three large and three salt spoons—we said we would bring some more things—he said, "Very well"—I went again in about two days and took two telescope

candlesticks, two large branch ones, and some silk handkerchiefs—he gave me about 3l. for them—I mentioned the price—he asked me how I came by them—I told him we were selling them for mother—he only asked me that once or twice—I went about four times a week to the shop—I sold him things on every occasion—there were no books—I received about 15l. altogether from Reed—I got all the things from the prosecutor's.

Cross-examined. Q. Have you been to school? A. Yes, about a year and three months, at the Borough Road—I had also been at school in the country—I am fond of reading, not newspapers—I made Drew's acquaintance just after I got my place—I stated to the officer at one time that some one besides Drew was engaged in this matter—that was not true—I afterwards told the officer that that was a lie—I and Drew went together to Mr. Read's—Mr. Read's shop is in Great Turnstile—there are curiosities, pictures, china, and old plate in the shop—I did not see any chessmen in the window—when I went in first I took two or three chessmen—I do not remember telling the officer that I told Mr. and Mrs. Read at various times a parcel of stories and deceived them—I did not tell him that I had succeeded in deceiving Mr. and Mrs. Read—the first time I went I found Mr. and Mrs. Read in the shop—I was not dressed as I am now, I had a longer jacket than this—when we took the chessmen I told them that my mamma had been to India and was now in London, that she had several curiosities and silver things, and that they brought some of them from Indian—I told them that my parents were going to remove to Camberwell, not that they were going back to India—I told them my mamma had a great many curiosities which would be of no use to her when we removed, and would he (Mr. Read) buy them—I did not take with me anything else when I took the chessmen—I did not ask him what he would give for the chessmen—he said he would give me a price for them—I did not know then they were chessmen—I took two or three as a sample—I thought they were curiosities—I told him my mamma had sent me out to see what I could get for them—he then asked me where my mamma lived, and I told him Water Street, Stamford Street—I believe I told him No. 4 or 15, I will not be certain which—I told him that my mamma's name was Mrs. Henderson—I do not know on what day of the week I paid the first visit—I asked him the same day whether be bought chessmen—he said, "Yes," and we went back and brought the others the same day—he said there were three or four of them missing—I said, "Will you be good enough to put down in writing the names of the pieces that are missing? or I shall not remember, and I will take it to my mamma"—he gave us about 15s., not more—when I went back I said that I had given my mamma the piece of paper with the names of the missing chessmen on, and she had looked and could not find any more—the next time I went I took some silver forks, and some old-fashioned bags, and some bead bracelets—I took two packs of cards one afternoon—we had asked him before whether he bought old silver—Mr. Read said that they did not deal in new things, only anique things and curiosities—I took some of the plate about the second time after I had been there—I took it at different times—on this occasion I took some forks and spoons, and the bead bracelets—one spoon was broken—I do not remember whether the ladle was broken or not—he told me it was not much use buying the plated things, because they were not worth melting—Mr. Read gave me one of the forks and told me to take it back to my mamma, as it was not silver—he said he would come and speak to my mamma—he did not say my mamma was to come and

speak to him, but that he would go and see her if she made an appointment to meet him—he only said that on the last occasion—I never said that my mamma was so busy packing her boxes that she had not been able to come to see him—he did not ask for an appointment—I did not tell him on one occasion that my mamma would have called on him but that the housemaid and the other servants had insisted on going out suddenly for a holiday—Drew did not say so in my presence—we told him that we were cousins—I told him that Drew had been adopted by my mamma and papa, because his father and mother were dead—I do not think I told him where they had died—it is a fact that Drew's father is alive at this moment—I told Read when I brought the two candlesticks that my mamma had no use for them, and that she was no judge of them, and would he be good enough to see what the value was—I thought the forks were silver—he said I had better take them back to let mamma know they were not—I took the candlesticks back with a leather bag with "A.H." on it—he told me to go back and tell my mamma that he could not give more than 2l. or two guineas for the candlesticks, as she might think they were worth more—he said the branch candlesticks were not worth more than a guinea—there were two sets—I do not know how much he gave us for the other set—Mrs. Read gave us sixpence apiece—I asked him if he bought cards—he said, "Yes"—I went on the second occasion with a riding whip in my hand, and dressed as if I was going out riding, and told them we were going to a riding school to take lessons—that was not true—at another time we told him we were in a very great hurry, as we were going to see Christy's Minstrels with my mamma and papa—they said that they must take the plate to Mr. Hanley's, to get it weighed, and see what it really was worth—Mrs. Read said, "Perhaps you cannot wait?"—we said that we could, and we waited—I do not think I said that I wanted to take 5l. 10s. to my mamma—I never got more than 5l.—I got a cheque from Mr. Read for 3l., and also a cheque for 1l. 5s.—I did not go back and say that I enjoyed Christy's Minstrels very much—I did not go for a day or two after that—I told him the last time I went that my mamma would see him between ten and eleven next morning, as he had said that he really must see her—I did not go there after that—he did not say that he would pay me no more money until he had seen her—Drew was not with me the last time—I was alone—I received between 15l. and 18l. altogether—no money was owing to me for plate, nor did he say that he would not pay it till he had seen my mamma.

MR. LEWIS. Q. Just take this paper in your hand; did he make you out a paper on which there was writing of that kind? A. He did for the chessmen, but not for anything else—I did not give him receipts for the money which he gave me.

JAMES HANN . I am a detective officer—on the 10th July I went with Mr. Henderson to the prisoner's shop in Great Turnstile, and saw in the window a box containing a silver bouquet holder, a gold pencil case, gold cross, silver brooch, and other things—I could see those from the outside—these articles on the second page of this list were found in the back parlour—I told Read I was a police officer—I pointed to the things lying in the window, and asked him who he got that property from—he said, "Why do you ask that question?" I said, "This property is stolen from Mr. Henderson's chambers, in the Temple." He said that he bought them from a female, and he thought her name was Henderson, and she lived over the water—I asked him if he had any more property—he said, "No,

nothing more than what you see"—I showed him Wilton's photograph, and asked him if he knew that boy—he said, "Yes; that boy and another boy brought the things to my shop." I said, "You bought them of a boy, not of a female, then?" He said, "Yes"—I went into the back parlour, and saw these two candelabra on some drawers, these two candlesticks, and in one of the drawers was found this plated bread basket, eleven plated forks, a silver strainer, a silver vinaigrette, punch and sauce ladles, and other articles—I asked him where he got them—he said that he bought them of the same two boys—I asked how much he gave for them—he said that he did not know exactly, his wife could give me more particulars than he could; that he did not like to buy of boys, but his wife would do so—I told him there was a large quantity of silver plate stolen at the same time, and asked him if he had bought any of these boys—he said, "No"—I took him to the station, and next morning told him I had ascertained that he had sold some plate at a silversmith's in Holborn—he said, "Yes"—I asked him who he got it from—he said, "From the two boys."

Cross-examined. Q. Was this between six and seven in the evening? A. Yes—he might be engaged in clearing the shop for the night, I did not see him—Mrs. Read was not in the shop—I had removed Mr. Read from the house before I saw her—I had a conversation with her and showed her the boy's photograph—she told me where the silver was sold and took me to Mr. Harley's, a silversmith's, close by—this locket and miniature were hanging up in Read's shop—they could not be seen from the outside—I think Mr. Henderson or his sister saw it—it is not a large shop; the back parlour communicates, and is almost part of it—the boy did not tell me that he had deceived Mr. and Mrs. Read by the stories he had invented—I asked him what name he gave—he said, "Henderson, over the water"—I did not tell Mrs. Read that the boy had owned that he gave a false address and deceived her.

EDWARD HARLEY . I am a goldsmith and jeweller, of Holborn—I have known Read for some years—on the 23rd June he brought me some silver spoons and forks and five half-pint silver mugs, weighing together from fifty to fifty-five ounces, for which I gave him 13l. 5s. 6d., at the rate of 5s., 5s. 1d., and 5s. 2d. per ounce—it was then sold to Mr. Sirrell, a buyer, and has been melted—Read afterwards offered me this pair of candlesticks and this candelabra—I offered him 2l. for them, but he would not take it—a few days afterwards he brought me some rings and a pair of silver shoe buckles—I offered him a price for them, which he refused—I sold the plate in exactly the same state as I received it.

Cross-examined. Q. Have you known Read many years? A. Fifteen or sixteen—I have had transactions with him before—previous to going to Turnstile he had a large shop in Holborn—he has always borne the character of a man of integrity and honour—I have heard that some years ago a family affliction occurred, and he was out of his mind and under medical treatment—I do not know it of my own knowledge, but he was absent from business two or three years, and I have heard that he was in an asylum—this silver was very old, and worth nothing but for re-melting—there was some Scotch silver among it, which does not fetch much.

JOHN HENDERSON, ESQ . I am a barrister, of the Temple—my family resided in Montague Square, and I broke up my establishment and took a great number of the boxes to the Temple—Wilton was in my employ a short time—the property produced is mine—I saw most of the articles safe about seven months ago.

Cross-examined. Q. Did you discover your loss by seeing some of your property in Read's window? A. Yes, my chessmen, which were very highly carved—I then looked further, and, seeing some old family articles all open in the window, I went to the officer.

READ received a good character.— NOT GUILTY .

702. THOMAS MANSFIELD (42) , Feloniously cutting and wounding William Jennings, with intent to do him some grievous bodily harm.

MR. RIBTON conducted the Prosecution and MR. M. WILLIAMS the Defence.

WILLIAM GILLINGS . I am a fish salesman, of Bethnal Green—I have known the prisoner about eighteen months—he owed me 88l.—proceedings were taken, and I was promised money, but got none—last Monday three weeks I was at 37, Silver Street, talking to Mrs. Wright about some money—the prisoner's wife was there—Mrs. Wright went out, and the prisoner came in and said, "Hallo, you vagabond, I have got you at last"—he had his hand in his pocket, pulled out a knife, and thrust it into my side—I called out, "Murder!" and "Help!"—I was not able to do any thing to him—he made a second stab on my shoulder, and I have my coat, here to show it—I was in the hospital till last Wednesday, and am still suffering.

Cross-examined. Q. Had you had any quarrel with him? A. No, I had not spoken to him for some time—there was no motive on his part that I am aware of—Mr. Wright's is a little fish shop—the prisoner did not pick the knife up from the counter—it was open when I first saw it—he came into the shop with his hand in his pocket.

MR. RIBTON. Q. Had you issued a writ against him? A. Yes, five or six months ago—he had promised me a bill, and I went about with him trying to get somebody's name to it, but he could not—I never threatened him—I had not communicated with him about it for some time.

MR. WILLIAMS. Q. Did you deal with him after the writ? A. Yes, and paid ready money.

JAMES PRIDE (Policeman). I was called, and took the prisoner going to the station—he said that he would have murdered the prosecutor if he could—I found this little knife on him—the other knife had been taken from him before.

THOMAS. I live at Nottingham Court, Long Acre—I was outside Mr. Wright's shop, but did not see the prisoner go in, as I was serving an old lady—I saw him inside, and saw him hit Mr. Jennings with his left hand in the face—he then put his hand in his pocket, pulled out a penknife, and ran it into Mr. Jenning's left side—Mr. Jennings called out, "Tom, Tom, come and take the knife away," but I could not move—Mr. Wright's son came and collared him, and we took this knife (produced) from him—a policeman came and he was taken to the station.

Cross-examined. Q. Are you in the prisoner's service? A. No, Mr. Wright's—I did not hear what words took place.

HENDRY JESSON SHAW . I am house surgeon at Middlesex Hospital—I examined Jennings and found a punctured wound just below the ribs over the region of the stomach, which had been bleeding profusely—he was in a great state of collapse—he was in the hospital about a fortnight, and the wound was healed, but he suffered from loss of blood and shock to the system—his life was in danger for rather more than a week—I had very little hope of him—a knife would do it.

GUILTY .— Five Years' Penal Servitude .

703. EDWARD LOCK (41) and JAMES ANSON (31) , Stealing an order for the payment of 12l. 10s. of Alfred Routh and others, with intent to defraud.

MR. COOPER conducted the Prosecution.

WILLIAM BOYCE COBB . I am clerk to the Maraquita Mining Company, 6 1/2, Austin Friars—on 14th July, about half-past one, I gave this cheque to Alfred Routh to pay to Barclay and Co.—Johnson, the porter, after-wards came back to look for it—it was only crossed "and Co."

FREDERICK WILLIAM JOHNSON . I am manager to the Maraquita Mining Company—on Saturday, 14th July, Mr. Cobb gave me some papers to take to Barclay's Bank—the office is 6 1/2, Austin Friars—I had to deliver a note at No. 11, and had several letters to post—I put them in my hat, and when I came to look at my papers I missed one cheque—I returned to the office immediately, but it could not be found.

COURT. Q. Had you only gone from one house to another? A. Yes, about the distance of this court—I had not put the papers in my pocket—I went out in a hurry, and had the bundle rolled up in my hand—not tied together, only just rolled up, and I had the letters on top of them.

WILLIAM YOUNG . I am a licensed victualler and keep the "Red Lion," Wilson Street, Finsbury—on 14th July, about two o'clock, the prisoner Lock brought me this cheque for 12l. 10s., and asked if I would be kind enough to change it—I asked him where he got it—he said that Anson gave it to him—Anson was in the tap-room within hearing—I persuaded Lock to return it to the bank—he seemed to "hum" and "ah," and I said that if he did not return it to the bank they would get themselves into trouble—they went out together—I went after them, and cautioned them, in the event of their getting the cheque changed by any of the tradesmen in the neighbourhood, they would get themselves into trouble—they merely laughed and walked away.

ROBERT RITCHES . I am a licensed victualler, of Fore Street—on Thursday, about half-past two o'clock, the prisoners came and called for a pint of half-and-half—Lock produced a cheque for 12l. 10s., and asked me to cash it—I said, "I do not keep a banking account; when I have anything to cash I take it to my brewer's"—I got it cashed, and gave Lock the 12l. 10s.—he appeared to give Anson something—they had a quartern of rum and left—I didn't ask Lock how he got it, because I have known him for years, and always understood him to be a respectable man—this cheque is drawn "Pay Maraquita."

JOHN WILLIAM FORK . I am a detective officer—on 20th July, about five o'clock, I saw Anson in the "Red Lion"—I took him to Moor Lane station, where Lock was—he said, "Yes, this is the cheque; Lock found it; I never had a farthing of the money."

Lock's Defence. I did not know the danger I was in in cashing that cheque, as it was found in the street—I have worked thirty years in that neighbourhood.

GUILTY .—Recommended to mercy by the Jury.— Confined Two Months each .

704. THOMAS LOWE (15) , Stealing a purse and 13s. 4d. in money of Jeremiah Cuttress, from the person of Elizabeth Cuttress.

MR. LEE conducted the Prosecution.

DANIEL TAYLOR (Thames Police Inspector). About half-past five o'clock on Wednesday evening I saw the prisoner go on board a steamer

at the Old Swan Pier—I saw him near Mrs. Cuttress, and then saw him putting his hand into her pocket—I followed him into the side house of the steamboat—he was putting his hand into his pocket, but I prevented him—I asked him what he had got in his pocket—he said, "Nothing but what belongs to me"—I put my hand into his pocket, and asked him if he knew what was in it—he had the opportunity of seeing what was in it, and said, "Some pawn tickets"—I asked him if he knew the name they were in—he said, "I do not; they are not in my name"—I asked him his name—he said, "Price"—I brought him on the deck, and the prosecutrix came forward and said that she had lost her purse, two pawn tickets, a half-sovereign, about six shillings, and some halfpence—I put my hand in the prisoner's pocket, and found a half-sovereign, five shillings, and four-pence in halfpence—I took him to the station.

ELIZABETH CUTTRESS . I am the wife of Jeremiah Cuttress, of 63, Vauxhall Bridge Road—this is my purse—I had it when I went on board the steamer, and afterwards missed it—it contained a half-sovereign and some silver, some halfpence, and some duplicates.

COURT. Q. Was there anything in the purse when it was found? A. No, because the spring was broken and the money dropped out.

Prisoner's defence. I went on board the steamer—I had trod on a purse on the pier—I picked it up, put it in my pocket, and went into the closet, not to look at it, because I had done so on the pier—if I had robbed the lady I should not have gone on board the same steamboat.

GUILTY .*— Confined Six Months .

705. SARAH ANN SWAINE (32) , Stealing forty yards of silk of Auguste Steinger. Second Count—Feloniously receiving the same.

HENDRY BRUNNOCHLER . I am a warehouseman in the employ of Mr. Steinger, of Gresham Street, a silk warehouseman—on the 1st June I had 80 yards of silk when I took stock—I missed it on the 12th—it had not been sold—this (produced) is a portion of it—I know it by the edge—I have compared it with the sample—here are only forty or fifty yards here.

GEORGE PUTTNAM . I am assistant to Mr. Solomon, a pawnbroker, of 214, Gray's Inn Road—I produce ten yards of silk pawned by the prisoner on the 15th June, in the name of Sarah Murray, 10, Holborn Buildings.

Prisoner. That is right; I pawned it for John Murray.

WILLIAM BEAVEN . I am assistant to Richard Lolcombe, a pawnbroker, of Gray's Inn Road—I produce ten yards of silk pawned on the 14th June by a woman in the name of Sarah Swaine, 7, Holborn Buildings—I do not identify the prisoner, but I believe that is her correct name and address.

Prisoner. I was never in your shop in my life. Witness. I have an indistinct recollection of seeing you.

WALTR HARVEY . I am assistant to John Abithal, of 12, Gray's Inn Road—I produce twelve yards of silk pawned on the 14th June by the prisoner in the name of Sarah Swaine, 5, Holborn Buildings.

Prisoner. I never pawned it and do not know him.

JOHN GURR . I am assistant to Hill and Company, pawnbrokers, of Exmouth Street—I produce ten yards of silk, pawned on 14th June by the prisoner in the name of Sarah Swaine.

JOSEPH FAWKE (City Policeman). On the 17th July I took the prisoner in Holborn Buildings—I told her it was for stealing and receiving silk from Gresham Street—she said, "What can I do? I cannot starve."

The Prisoner's Statement before the Magistrate:—"It is entirely false—I throw myself on the mercy of the court—I pawned one piece—I did not know it was stolen."

Prisoner's Defence. I never stole anything in my life—all the detectives know me as a respectable woman—I never disgraced myself—I am innocent of everything but ten yards, and I did not know that was stolen, or I would not have done it.

GUILTY on Second Count.— Confined Nine Months .

706. HENRY SEARLE (25) , Stealing a handkerchief of a man unknown, from his person.

JOHN CURTIS BIRT . I am clerk to Edwards and Company, of Fenchurch Street—on the morning of the 2nd August I saw the prisoner following a gentleman very closely—I saw his hand in his pocket, and saw him take out a handkerchief and put it in his pocket—he stood still a short time and went across the road—I held up my hand to a policeman, who did not come at first, and I took the prisoner and gave him in custody without losing sight of him—there might have been a minute and a half between his taking the handkerchief and my stopping him—I saw him searched—the handkerchief was found at his feet when the constable took him—I tried to find the gentleman, but he was gone.

Prisoner. Q. Were you close to me? A. There was no one between us—I stopped one gentleman, thinking he was the same, but he was not.

WILLIAM BIRD (City Policeman 701). I was in Fenchurch Street—Birt ran across to me and pointed the prisoner out—the moment I stopped him he dropped this handkerchief at his feet—I picked it up, when he said that he had not stolen it—I only found a common ring on him.

Prisoner. Q. Do you know how the handkerchief came on the ground? A. I did not see it in the act of falling, but the moment I turned you round a respectable person who was passing said, "He has just dropped it on the ground," and it was at your feet—it was not on the ground when I stepped up to you.

Prisoner's Defence. Coming along Fenchurch Street I was close behind a gentleman, which made the witness suspect me; if he was sure I took it why did not he accost the gentleman, and not allow him to go? he afterwards stopped the wrong man, and therefore may not I be the wrong man?—I did not know that the handkerchief was on the ground. GUILTY . He was further charged with having been before convicted at Clerkenwell in March, 1862, in the name of Thomas Gardener. To this he PLEADED GUILTY.**— Seven Years' Penal Servitude .

THIRD COURT.—Wednesday, August, 15th, 1866.

Before Mr. Common Serjeant.

707. CHARLES PARKER (19), PATRICK GREANEY (16), and JOHN SISSON (22) were indicted for stealing 100 pounds weight of iron plates, the property of the Millwall Iron Works, Ship Building, and Graving Dock Company.

MR. M. WILLIAMS conducted the Prosecution; MR. CUNNINGHAM defended Sisson and Parker.

PETER MARGETSON (Policeman 106 R). I was on duty in plain clothes

between six and seven o'clock on the 28th of July at the waterside, Dept-ford—I saw two boats leave the Kent shore and come over to the Middlesex shore—Parker and Greaney were in one boat, a man named Robinson and another in the other—when they arrived at the Middlesex shore Parker got out, took a basket with him, and went up the slip at the Millwall Iron Works—he returned with something in the basket and shot it in the boat—he went up the slip again and returned with something in the basket, which he put in the boat, and then jumped in himself—Greaney remained in the boat all the time—they then returned to the Kent side—about five minutes afterwards I saw the prisoners with two others carrying bags up the water-gate—I followed them up Butcher Road, where I tapped Sissons on the shoulder, and said, "Hullo! Jack, what have you got here?" He said, "Some iron that has been dredged up." I said, "Let me look at it"—he then slipped the bag off his shoulder and tried to make his escape—he kicked at me twice in the private parts—we had a scuffle, when assistance came, and he was taken to the station—the others got away—the bag contained plates like these (produced)—on the following Monday I apprehended Parker—I told him he would be charged as concerned with others in stealing a quantity of iron from the Millwall Iron Works on Saturday—he said, "I know nothing about the iron; I was not there"—on Wednesday evening I apprehended Greaney, and told him that he would be charged for being concerned with others in stealing iron from the Millwall Iron Works—he said, "I was in the boat with Parker"—I had known Parker before.

Cross-examined. Q. In what state was the tide? A. Nearly low water—I kept the boat containing Parker and Greaney in view the whole time until it returned—when Parker went up the slip he went out of sight—I do not know where he got the iron from—Sissons was at the shore when the boat returned—I am not aware that iron such as I have produced is frequently dredged up out of the river.

HENDRY FLEGG . I live at 8, Crofield Lane, Deptford, and am a watchman at the General Steam Navigation Company's premises, Deptford—on the evening of the 28th July I saw two boats leave the water-gate on the Kent shore—they went over to the Millwall Iron Works—Parker and Greaney were in one boat—I had previously seen Sissons with them—when they got to the Middlesex side Parker got out of the boat and went up the slip—he took a basket with him and brought something back in it—they returned to the Kent shore, and Sissons helped to unload the boat—the tide was going down very fast.

Cross-examined. Q. Which side were you on? A. The Kent side—I did not see Sissons again until he was in custody—I was about thirty yards from him—I know all three of the prisoners—I have seen them dredging in the river, but I have never seen them take up any iron.

MR. WILLIAMS. Q. Do they dredge up iron by the hundredweight? A. No.

WILLIAM ROBINSON . I am watchman at the Millwall Iron Works—I was on duty on Saturday, 28th July—at about ten minutes to seven I saw two boats at the edge of the water—I went round to a place called the slip, and saw Parker drop something into the boat, and then push it off—it was a basket, but I could not see what was in it—it seemed something heavy, like iron—I know Parker, and have frequently cautioned him away from the wharf.

SAMUEL WINKLES . I produce certificate of registration of the company

—I reside at the works of the Millwall Iron Works and Shipbuilding and Graving Dock Company Limited—I believe these iron plates are the property of the company—they have a great quantity of plates of a precisely similar character upon their premises, and they are kept at a place called the slip—within the last three weeks or a month we have missed ten hundredweight or more of them—they are worth 15s. or a 1l. a hundredweight.

Cross-examined. Q. Are you quite sure that this is the property of the company? A. I believe it to be—no doubt the same sort of iron is to be seen at other places. [The prisoners' statements before the magistrate read as follows:—Parker, "I was dredging off the City of Warwick for coals, and pulled the iron up." Greaney, "I was working for Parker." Sisson, "I was asked to help to lift up the iron for a drop of beer."]

PARKER and SISSON, GUILTY

.GREANEY, NOT GUILTY .

Sisson pleaded guilty to a previous conviction.

PARKER,† Confined Twelve Months . SISSON,** Seven Year's Penal Servitude .

708. GEORGE MORRIS MITCHELL (38) was indicted for stealing five pieces of paper, value 10l., the property of the Incorporated Law Society.

MESSRS. POLAND and GRAIN conducted the Prosecution, and MR. PATER the Defence.

HENDRY WEBB . I am one of the detective sergeants of the City of London Police Force—I produce a search warrant granted by the Lord Mayor—about three o'clock on the 16th July I went to No. 2, New Broad Street Court—the name of "Mitchell" was over the letter-box—I knocked, but could make no one hear—the prisoner was standing outside, and I said to a person standing close to him, "Has Mr. Mitchell gone in yet?" and Mr. Mitchell said, "Do you want to see Mr. Mitchell?" I said, "Yes, I do." He said, "If you go round to Broad Street you will find him at the stables; he has just gone round there"—he afterwards admitted that he was Mitchell—I said, "We are officers, and we have a warrant to search your premises"—I read the warrant to him, and he said, "I have no such papers as are mentioned in that warrant in my office"—I said, "Well, we must go in and see"—he said, "You cannot go in; the place is locked, and the landlord has the keys"—we found it was locked—I put a boy through the window, and he let us in—when inside, Mitchell opened a cupboard, and said, "There are all my papers; these are my desks; that one over the way belongs to Mr. Marshall"—finding they were locked, I said, "We must open these desks"—he said, "I have not got the keys"—I sent for a locksmith, and had them opened—in the top drawer on the left-hand side I found these papers (produced) marked 1, 2, and 3—Mr. Hall, from the Law Institution, was standing by me when they were taken out, and he said, "Why these are the identical papers"—I said to the prisoner, "How do you account for these papers being in your drawer?"—he said, "That is not my drawer; I know nothing about them"—I also found this draft of a letter, marked "4"—Bull found a bottle of medicine which the prisoner said he had been taking for a diseased heart—he wanted to take some of it then, but I would not let him—that bottle was in the same drawer as that in which the papers were.

JOHN MARK BULL (City Detective Sergeant). I accompanied Webb to

Mitchell's office on the 16th July, and assisted in making the search—I found this draft petition.

JAMES LAPWORTH . I am librarian to the Incorporated Law Society, Chancery Lane—I remember the prisoner coming there, but I cannot speak positively to the month—it was in the spring—he represented himself as being a reporter at the House of Commons—he asked permission to refer to some parliamentary papers—I took him to the place where they were kept, and, finding that he was well acquainted with the routine, I left him in the gallery; I mean by the routine the arrangement of the papers as from one year to another—he came there twice—in July I received some information, and in consequence examined some of the books in the gallery—in this book (produced) pages 241 and 242 have been torn out—two pages have been torn out of another book, and two or three out of a third book—these books were in the gallery where the prisoner was, and these leaves correspond.

ARTHUR CLAYTON . I am a printer, carrying on business at 17, Bouverie Street—I have corresponded with the prisoner and seen him write—this letter, marked "D," I believe to be in Mitchell's handwriting, and a portion of this petition is also his.

Cross-examined. Q. Have you printed works for the prisoner? A. Yes—I believe he is the editor of one or two periodicals—I have not been asked to bring out works in the prisoner's name by anybody else, but it was proposed to bring them out and do away with his name—I have copies that were given to me in substitution for his title-page—I mean to bring out a work that the prisoner had compiled in the name of somebody else—I have received instructions to print more than 1000 copies of a work by the prisoner—I cannot tell what he would have received for them—that work is now in type and ready to be brought out.

GEORGE MANTON HANSCOMB . I am clerk to Mr. Herbert Lloyd, a solicitor, of Wood Street—the prisoner was plaintiff in an action against Mr. Sydney Smith in May last—we acted for the defendant—I heard the plaintiff examined—he said that he had searched the Law Institution and found the petitions for the years 1839, 1842, and 1848, and that he was engaged five days at the Law Institution making copies of those petitions—the action was brought for copies of those petitions.

HENDRY LASCELLES . I am storekeeper in the service of Mr. Hansard, the parliamentary printer—the petitions that have been produced are out of print, and could not be obtained at our office—the value of them might be 5l. or 7l.

Cross-examined. Q. Are there not several shops where they may be obtained? A. I know of none—these books are to be found at most of the public libraries.

EDWARD WALTER WILLIAMSON . I am secretary to the Incorporated Law Society—I produce the charter—I live at the institution.

[The prisoner's statement before the Lord Mayor was read, as follows:—"I am here, my lord, upon a charge of stealing printed papers from the library of the Incorporated Law Society. It will be necessary to tell you that about three months since I was instructed to obtain a copy of one or more of the monster charter petitions presented to the House of Commons. After making a diligent search at the British Museum and other places I found that there had been three presented, one in the sessions of 1829, 1842, and 1848, and, knowing that those and all other original petitions had been destroyed by order of the House of Commons up to the session

1850, amounting to eleven tons in weight, being considered by the House of no value, I applied to Mr. Hansard's printing office to know whether they had any waste copies of the petitions in question. The answer was, 'No, they are out of print.' I will explain why I asked for waste copies. Public petitions, after being presented to the House, are printed in large quantities, as you see (referring to the appendices), and they are then sent to the members' residences, public offices, and distributed for the benefit of the public three times a week, to save trouble in constantly referring to the original petitions, which can be seen by the public at any time without the payment of a fee. These copies are called Appendices to the Reports on Public Petitions, when, after they are circulated to the public, they become waste paper, and copies then may be seen in almost any butter shop in London. Three copies, of course, are kept at the British Museum, under special Act of Parliament. If the original petitions are condemned to destruction, being worthless, of what possible value can the waste copies be? They may be seen at the end of each session sent away from the House of Commons, and other offices, in large quanties as waste paper. There is a book called The Journals of the House, which contains a record of all its proceedings, presentments of accounts, public and private petitions, deposits, &c., which is considered to be a valuable document, which book and other valuable papers it was my duty to produce before the courts of law when required—I think some years ago I was of assistance to the gentleman conducting this prosecution in a trial for perjury against the late Mayor of Rye. With regard, my lord, to the missing papers in question, amongst other places I called at was the library of the Incorporated Law Society, and introduced myself to Mr. Lapworth, the librarian, not as a reporter of the House of Commons, as that gentleman erroneously stated, but as the proprietor of three parliamentary works, and told him the object of my visit, which was that I was anxious to find out when the monster charter petitions were presented, and that I wanted copies of them—Mr. Lapworth's reply was, 'If there is anything that will assist you amongst our parliamentary papers, they are at your service'—I immediately made a search and found one presented session 1839, which I took from the book, and came with it in my hand folded up to Mr. Lapworth at his desk. That gentleman said, 'Have you found what you required?' I thanked him and said, 'Yes'—on the other occasions the conversations were much the same, except the last time I called to search for Hansard's Debates for session 1842—on that occasion I left the book without telling him, as Mr. Lapworth had left the library—I think on the following day I wrote and thanked that gentleman for his courtesy, and enclosed in the letter an admission to the House of Commons—I think I called there altogether four or five times—if I had had any felonious intention of stealing any of these valueless pieces of paper I could easily have taken them from the British Museum, or have gone to the House of Commons, having access to all the offices in that establishment, and found some old copies there—I ask your lordship, is it likely that I should sacrifice my position?—I am proprietor of three parliamentary works, I hold an office in New Broad Street at a rental of 140l. a year, having, at the same time, the patronage of the Princo of Wales and many leading members of the aristocracy; also the government offices, and some of the first mercantile houses in the city of London—do you think I should sacrifice this position for a few sheets of printed paper that it would be impossible to place a value upon?—if the gentleman for the prosecution will permit me I shall have much pleasure in restoring the missing sheets four-fold—this

cruel prosecution has been brought about by an anonymous letter, which I hare not seen—your lordship is, perhaps, not aware that when I was arrested all my desks, cupboards, and drawers were ransacked; all my papers were taken, both public and private, including letters from the late Chancellor of the Exchequer (Mr. Gladstone), General Knollys (Equerry to the Prince of Wales), a bill of exchange for 50l., an agreement for a lease of my office, which the Metropolitan Railway are about to take down for the extension to Tower Hill, and of which I estimate the value at about 400l., and other papers that could not possibly have reference to this case—I had just finished one of my parliamentary works, and had given instructions to my printer to print 1500 copies, from the issue of which I fully expect to realise 1000l.—another work of a similar character was in compilation, of equal value, but now, unfortunately for me, I am obliged to abandon them through this cruel persecution—if I had had the slightest felonious intention after using the papers complained of I should certainly have destroyed them, but, on the contrary, I did not attempt to disguise them—I did not hesitate to mention the circumstances to my clerks, or keep it secret from any person connected with me in my business; they were oftentimes lying carelessly with other papers in a desk, and it was quite by accident they were not there when the officers came to the place, which I should otherwise have avoided if I felt I had wilfully stolen them—all I have to say, my lord, in conclusion, is, that I beg to express my deepest contrition and regret at what has taken place, and I sincerely hope and entreat that your lordship and the court will take into its serious consideration the extreme harass of mind I have already undergone, the imprisonment I have suffered, and the heavy loss I have sustained, not only in pocket, but position, and give me an opportunity of regaining that character and position by foregoing the prosecution, and granting me an acquittal". NOT GUILTY .

709. JAMES FIRMAN (22) PLEADED GUILTY to embezzling and stealing the sums of 7s., 15s., and 3s. 7d. Strongly recommended to mercy by the Prosecutor.— Confined Two Months .

710. JOSEPH HUTTON (38) PLEADEDGUILTY to three charges of embezzling various sums of money, amounting to 240l., of Edward Brown Taylor and another, his masters.— Five Years' Penal Servitude .

711. WILLIAM HENRY SMITH (23) and GEORGE JONES (28) were indicted for stealing a purse and fourpence in money from the person of Caroline Daniels.

MR. PLATT conducted the Prosecution, MR. DALY defended Smith, and MR. STRAIGHT Jones.

WILLIAM GREEN (City Policeman 280). About eleven o'clock on the night of the 22nd July I was on duty, with another officer, named Whitney, at the corner of Prince's Street—several persons were waiting for omnibuses, and amongst thorn was the prosecutrix—I saw Jones place himself on her right-hand side, his left hand was covered with the corner of an overcoat—he put his hand into her pocket—he then said something to Smith, and they both got on to an omnibus—in consequence of what Whitney said to me, I got on to the omnibus—I said to Jones, "I am an officer, and you must come down; I want you"—I then saw him pass something to Smith—there was not room for them on the buss—Jones got

down, and I handed him over to Whitney—I then returned to take Smith—he was sitting at the back of the driver—I saw him put his left hand down by the driver—I put my hand down and picked up this purse—I told him I should take him into custody for being concerned with another in stealing a lady's purse—he said, "You—swine, you don't take me," and kicked me violently in the stomach, which caused me to fall over the side rail of the buss—I had hold of the prisoner by the collar—we had a struggle for about three minutes.

Cross-examined by MR. DALY Q. Are you a constable or detective? A. I am a plain-clothes man, and have been in the City Police over five years—I believe I stated before the magistrate that the prisoners spoke to each other—Jones said to Smith, "Bill"—I think that is what he said—it was a signal—I did not know he had been convicted before, but I know it now—I did not seize Smith by the neck, but by the collar—I took him gently by the collar—he went quietly to the station.

Cross-examined by MR. STRAIGHT. Q. Did you say before the magistrate that you saw Jones put his hand into the lady's pocket? A. Yes—I cannot account for that not being in the depositions.

GEORGE WHITNEY (City Policeman 98). I was with Green on this night—I saw Jones by himself first—he was standing on the right-hand side of the prosecutrix—he put his hand into her pocket—he then joined Smith in the middle of the road—I asked the prosecutrix if she had lost anything, and in consequence of what she said I spoke to Green—they were then on an omnibus.

Cross-examined. Q. Did not Smith give you a correct address? A. Yes.

CAROLINE DANIELS . I am a servant at the Chapter Coffee-house, Paternoster Row—about eleven o'clock on the night of the 22nd I was with my sister at the corner of Prince's Street waiting for an omnibus—Whitney said something to me, and I then missed my purse—there was either 3d. or 4d. in it, and some was washing bills—this is it {produced.)

Cross-examined by MR. STRAIGHT. Q. Were there not a good many people about? A. Yes.

SMITH GUILTY .**JONES GUILTY .**

Both prisoners PLEADED GUILTY to a former conviction.— Ten Years' Penal Servitude each .

712. HARRY CHRISTY (31) was indicted for embezzling and stealing the sums of 23l. 18s., 9l. 14s., and 8l. 7s. 6d., the moneys of David Parker and another, his masters.

MR. GENT conducted the Prosecution, and MR. BESLEY the defence.

JAMES JEFFS . I live at Hounslow, and am a leather cutter—I deal with Messrs. Parker, of Goldsmith Street, City—the prisoner was in their employ as traveller, and called on me—I gave him orders, and sometimes paid him money—on the 27th of March he produced an account to me, and I paid him the amount, 8l. 7s. 6d., and he gave me a receipt.

Cross-examined. Q. How long have you dealt with Messrs. Parker? A. Twenty years—I have not known the prisoner all that time—I knew a Mr. Hobson, who travelled for them in 1862—the prisoner has been their traveller two or three years.

THOMAS LEADBEATER . I am a tailor at Chesham, and deal with Messrs. Parker, of Goldsmith Street—I know the prisoner as their traveller—on the 6th December I paid him 23l. 18s., which sum was made

up of two accounts—I saw him sign this receipt—in March I paid him 9l. 14s.

Cross-examined. Q. How often did the prisoner call on you? A. About once every three months—I have dealt with the firm ten years.

DAVID PARKER . I carry on business with my brother at 13, Goldsmith Street—the prisoner was in our employ as traveller and collector—on the 27th March Mr. Jeffs owed us 8l. 7s. 6d.—I have not received that—Mr. Lead beater, of Chesham, is also a customer of ours—I have not received the money for which this receipt was given on the 6th December—this book (produced) is what the prisoner ought to have entered all moneys received in, and the 23l. 18s. is not entered here—it was his duty to send remittances daily, if it was in the shape of notes or cheques—Mr. Leadbeater is entered in this book as having paid on the 17th March 15l. 12s.—that may have been a portion of the 23l. 18s.—we had a customer named Butcher, of High Wycombe, whom I applied to for an account, and he said it was paid—in consequence of that, I communicated with the prisoner—he returned to town, and I then accused him of having received Butcher's account, and asked him if there were any other debts in the same predicament—after being silent for a minute or two he changed colour, and said, "There are." I said, "Who are they?" and directed his attention to Jeffs's, and he said, "Yes, that is one"—I then said, "Henry, you had better make a plain breast of it, and tell me all"—after a little consideration he said, "If you will allow me to look through the ledgers I will"—I said, "You may look through the ledgers in my presence, but shall not remove them out of my sight"—he went through them, and made out this list (produced) of sums not accounted for—it contains the three sums mentioned in the indictment—his duties were to solicit orders and receive accounts, and to remit the same to us every night or so, and at the end of his journey to come to me with a list of the amounts he had received, and to give me the balance after deducting the amount allowed him for expenses.

Cross-examined. Q. Was not the prisoner first of all an errand boy in your service? A. First of all he was a boy in the stable, then he was made a packer, then a warehouseman, and then a traveller—as warehouseman he received 25s. a week—we had a traveller named Hobson; his salary was 150l. a year, and about 18s. a day expenses—the prisoner's salary was 100l. a year, to be increased 10l. every year, and 18s. a day expenses—he has been in our service twenty-three years—he has not complained to me that his expenses were too heavy—my brother told me of a proposal that had been made by the prisoner's friends to give a bill of exchange for the amount, but I would not entertain it.

MR. GENT. Q. What is the prisoner's present salary? A. 120l., and 18s. a day expenses.

NOT GUILTY .

713. JAMES SULLIVAN (20) was indicted for stealing a handkerchief from the person of William Marks.

MR. GRIFFITHS conducted the Prosecution.

WILLIAM MARKS . I a warehouseman, of Trump Street, City—about five minutes to six on the evening of the 17th July I was at Dowgate Hill—I missed my handkerchief—the prisoner was standing in the middle of the road, and I charged him with stealing it—he said, "I have not got it; I did not take it"—I said, "Well, I will soon ascertain whether you

have it," and was looking for a policeman, and he threw the handkerchief behind me; I picked it up, and the prisoner ran into the arms of a policeman.

JOHN SCRAGGS (City Policeman 556). On the evening of the 17th July I was on duty at Dowgate Hill—I saw the prisoner running down the hill—I caught him—the prosecutor came up, and charged him with stealing his handkerchief—I took prisoner to the station—he refused his address.

GUILTY .**

The prisoner PLEADED GUILTY to a previous conviction.— Seven years' Penal Servitude ,

OLD COURT.—Thursday, August 16th, 1866.

Before Mr. Justice Keating.

714. SAMUEL KETCH (22) and JOSEPH SLADE (60) were indicted for b—g—y.

MR. MONTAGU WILLIAMS conducted the Prosecution, MR. COLLINS defended Ketch, and MR. RIBTON Slade.

SAMUEL KETCH— GUILTY .— Twelve Years' Penal Servitude .

JOSEPH SLADE— GUILTY .— Fifteen Years' Penal Servitude .

715. THOMAS BURGIN (35) and WILLIAM GADSDEN (19) , Feloniously killing and slaying John Fisher.

MR. MONTAGU WILLIAMS conducted the Prosecution, MR. RIBTON defended Burgin, and MR. DALY Gadsden.

ELIAS OVENDEN . I am a brickmaker, and live at No. 2, Latimer Road, ammersmith—on Wednesday, 25th July, I was at a public-house in Latimer Road—Burgin was there—two men went out to fight—I heard Burgin say that he had fought, and who he had fought, and he could show them how to fight—he was talking more to himself than anybody else—he was drunk and excited—about half-past five o'clock John Fisher came in—Burgin was then sitting on a form talking about who he had fought, and Fisher said, "You had better let that alone; you are getting too old for it"—Burgin then got up and struck Fisher in the chest—Fisher said, "What is that for? I don't want to fight"—Burgin was going wrangle again, and got up in an attitude of fighting—they closed and got entangled—they fought one round and were parted by two men—I then went away—I returned some few minutes after seven, and Fisher was then on the green senseless, with blood all over his face.

GEORGE WATKINS . I am a blacksmith, and live at Notting Hill—on 25th July I was at the "Britannia" public-house, asleep in the parlour—I was awoke by a noise—I went into the bar and saw Burgin in a scuffle with Fisher—the landlord separated them—Burgin put ten shillings on the bar, and said he would fight Fisher and give him sixpence a round to fight—he threw his cap on my feet, and I kicked it back to him—he said, "What did you do that for?"—I said, "What did you throw it on my feet for? If you throw it there again I shall kick it again"—he deliberately picked it up and threw it with full force at my feet again—I kicked it back again—he then got up and was going to strike me—he said he had fought bigger men than me, and he could fight me—the landlord put him down and told him he had better not fight me, he would get in the wrong—he pulled his things off and went out to fight—his wife came to prevent

him, and I said, "Take him away, I do not want to fight him"—he pushed his wife on one side of me, and rushed at me and struck me on the forehead, and then I knocked him down—after we had had three rounds he said he would give me in the best man, but he said, "I will go in and leather the old b—"—he went inside and began telling Fisher that it was him that set me on to him—Fisher said that he had nothing to do with it, he would fight his own battles if he wanted to fight—Burgin challenged him again, and at last Fisher said, "You will let me leave off when I have had enough "—and they went out and fought, I should think for upwards of half an hour—I saw Fisher fall several times, and ultimately he fell and was not able to get up again—he was picked up, and I heard it hallowed out that it was all over—Gadsden said he would spend a shilling apiece if they would leave off—Fisher had not put me on to Burgin in any way.

Cross-examined. Q. Burgin did not want to fight ultimately, did he? A. He was wanting to fight all the afternoon with some one—Fisher's wife came in after the scuffle had taken place in the bar—I did not hear her wish her husband to fight—it was a fair fight, as far as I could see—it was on a piece of ground about fifty yards from the house—it was not exactly level—there were little holes and lumps in it—I did not see Fisher make a rush at Burgin just before he fell—I think he was too weak to make a rush at any one by what I could see of him—the people said Burgin had been drinking a good deal—I did see him drink—he had sense enough to know when I hit him hard—he shook hands with me when I had done with him.

SARA CAVE . I live at 1, Charlotte Terrace, Latimer Road, and am the daughter of the deceased—I am married—on 25th July I saw my father on the green fighting Burgin—I saw Burgin knock him down—he was quite insensible, and was taken to the hospital, and died there—Gadsden did all he could to stop the fight—Burgin said he would fight, he had begun and he would end it—they fought two rounds after he said that—he struck my father on the nose when he fell, and he never got up again.

Cross-examined. Q. Are you sure that it was when Burgin struck him that he fell? A. Yes, quite sure—the blood fell from his nose as he was fighting—he fell on his back—he was not walking backwards—he knocked my father down, and likewise trampled over him, but I think that was by accident, by the force of the hit—my father had not been drinking—he was at work all day—Burgin was in drink.

MARTHA FISHER . I am the daughter of the deceased—I was on the green when Burgin and my father were fighting—I saw the last round—Burgin struck my father on the nose, and he fell directly on the back of his head—as he was falling the blood fell from his nose, and when he fell it gushed both from the nose and the mouth—he never got up again—he was quite insensible.

The names of several witnesses appearing on the back of the bill who were stated to have been examined before the magistrate on behalf of the prisoners, MR. RIBTON requested that they might be called by the Counsel for the Prosecution. MR. WILLIAMS declined to call them, but MR. JUSTICE KEATING was of opinion that, as their names appeared on the back of the bill, and as they were bound over by the magistrate for the Prosecution, they must be called if the Counsel for the prisoner desired it. At the same time, he remarked that such a course of proceeding showed

great carelessness on the part of the clerk to the magistrate, and might result in great injustice.

GEORGE BEECH (examined by MR. RIBTON). I saw Fisher standing by the public-house bleeding—his wife came up and asked who had struck him—he said Burgin, and she said to Burgin, "If my husband don't fight you I will"—she also said to her husband, "You can fight at home, fight now"—she urged him to fight—she said, "Go and have it out"—he then said, "I will go and have a round or two, and when I have had enough I will leave off"—she gave him some brandy and water, I believe, while he was fighting—I saw the fight—as he was stepping back he caught his heel in a lump of earth and fell—he did not fall from the effect of a blow—he fell on the back of his head—it was hard ground and very rough.

MR. WILLIAMS. Q. Did you see the blood come from his nose and mouth? A. Not then—he had blood before that—it is not true that he fell from a blow inflicted by Burgin—I was examined at the police-court as a witness for Burgin—I am a witness for the defence.

RICHARDS EDWARDS (Police Sergeant X 24). On 26th July I took Burgin into custody—I told him it was for causing the death of Fisher in a fight the previous night—he said he was very sorry—it was all through liquor, and he was in liquor at the time it happened.

MARATHA FISHER (examined by MR. RIBTON). I am the wife of the deceased—I did not see the beginning of the fight—it is not true that I said to my husband, "You can fight at home, fight now"—I did not see my husband fall—I heard Gadsden offer a shilling for Burgin to leave off, and Burgin said he would, and my husband stepped up to shake hands with him, and Burgin then stepped forward and hit out his fist and hit my husband, saying, "No; I have begun it, and I will end it."

MR. WILLIAMS. Q. There was a good deal of fighting going on, was there not? A. Very little—I did not see Gadsden strike any one—they were not all sober—my husband was sober—I saw Watkins—he fought with Burgin, and got the better of him—it was not Burgin who offered to shake hands—Beech was not there—he is a very false witness.

RICHARD SAMUEL GRIFFITHS . I am house surgeon at St. Mary's Hospital—on the evening of 25th July Fisher was brought there—he was quite insensible—the pupils of his eyes were dilated, his pulse was full and slow, there was a bruise round the right eye and cheek—I examined his scalp—I could find no injury of the chest, or arms, or pelvis—he remained unconscious until he died, at five o'clock next morning.

Cross-examined. Q. To what do you attribute his death? A. to coma I should think, caused by compression—the striking of the head against a hard substance would be very likely to cause that—the skull was fractured—I have heard the witnesses describe how he fell—the fall would account for it.

MR. WILLIAMS. Q. Would a heavy blow cause it? A. I should think that would be hardly possible.

JOHN HOLDEN WEBB . I am house surgeon at St. Mary's Hospital—on 27th July I made a post-mortem examination of the body of Fisher—there was a blow over the right eye, a blow over the right mala bone, with an excoriation, and a blow on the left leg—I opened the head, and underneath the dura mater I found a great deal of venous extravasation—on removing the brain I found a fracture through the base of the skull dividing one of the sinuses—the other organs were healthy—the fracture was the cause of death—I think a heavy fall would cause that, not

necessarily on the head—it is the weight of the body that caused the fracture, not the fall itself.

RICHARD EDWARDS (re-examined). I was present when these depositions were taken—the prisoners were remanded twice—at the first time the witness Beech was not there—the second time he was, and his deposition was taken—he was called as a witness by the prisoner.

JOHN BURGIN (examined by MR. RIBTON). I am the prisoner's brother—on 25th July I was fetched to the public-house by my little girl as I was having my tea—when I got there I found a ring was formed, and my brother was fighting with Fisher—I do not know that there was any difference in size between my brother and Fisher—I caught hold of my brother's two arms, and said, "Tom, you are too tipsy; you shan't fight"—he was very tipsy—Gadsden turned round and hit me in the mouth, and made my nose and mouth bleed—I was obliged to let them continue the fight—I stood by and saw several rounds, but not to look at them, because I dare not go nearer than I was—I heard Mrs. Fisher say her husband was to show his temper out of doors the same as he did at home—I was examined before the magistrate.

MR. WILLIAMS. Q. You were called as a witness for your brother? A. Yes; I am quite sure Mrs. Fisher used those very words—I saw one of Fisher's daughters there, the youngest one—Gadsden was seconding Fisher—he did not try to part them while I was there.

JAMES WILLIAMS (examined by MR. RIBTON). I was at the public-house when this happened—I did not see the beginning of it—when I went in I saw Burgin with a black eye, and Fisher also—I heard Burgin say to Fisher, "Fisher, it was a very unmanly trick of you to put a big sober man on to a drunken man," that was alluding to Watkins—Fisher said, "I did not"—Burgin said, "I am man enough to fight you, I will fight you if you like"—Mrs. Fisher said, "You show your temper at home, go out and fight him;" she said that, I believe, once or twice—Fisher then said, "Well, Tom, I will go out and fight you; you will let me leave off when I have had enough, will you?"—they then went out to fight—Fisher went out first—they pulled off their clothes, and fought on the green—there was no particular ring, only a crowd of people—I did not see Gadsden do anything—they fought about twenty minutes—I saw Fisher knock Burgin down five or six rounds with his left hand—I heard Gadsden say that each man should stand three pots of beer and turn it up—Burgin then went up to Fisher, and said, "Fisher, how is this to be?" holding out his hand—Fisher said, "No, Tom, we will finish it"—I think that it was three rounds after that that I saw Fisher fall—he fell backwards against the wall—he afterwards fell on his back—that was about two rounds before his death—as he was going back his heels caught against a piece of loose wall, and he fell—he did not fall on his head that time—the last round Burgin was coming up to fight him, and he said, "Get away from me, I know my game," meaning to hit him with his left hand—he ran back as fast as he could, and his heels caught against the ground and he fell—he was no particular fighter—he was a better man than Burgin at the first starting—I saw him fall—he never spoke afterwards.

MR. WILLIAMS. Q. You were called as a witness for the defence, were you not? A. Yes—I have known the parties fourteen years, and I respected Fisher more than I do Burgin, though I come here to speak the truth.

NOT GUILTY .

716. MICHAEL RYAN (24) was indicted for feloniously wounding Elijah Long, with intent to murder him.

MR. HORRY, for the Prosecution, offered no evidence against the prisoner on this indictment.

NOT GUILTY .

MICHAEL RYAN was again indicted for unlawfully assaulting Elijah Long . To this indictment the prisoner PLEADED GUILTY .— Confined Four Months .

717. HENRY WILLIAMS (18) was indicted for a burglary in the dwelling-house of Walter Parry Crook, and stealing a flute and other goods.

MR. HOUSTON conducted the Prosecution, and MR. RIBTON the Defence.

ELIZA LEATE . I am a widow, and live at 21, John Street North, Marylebone—I had charge of the prosecutor's house—on Tuesday night, 24th July, I left it safe—I was the last person up—I got up just past seven in the morning and found the rooms in disorder, boxes opened, and things taken out—this (produced) is the property that was taken—there is a flute, a scarf, four pocket-books, two boxes, and a variety of other articles—I saw them at the station—I slept at the top of the house—I found the window forced open in the morning—I had fastened it when I went to bed.

HERBERT BUTT (Policeman X 40). About three o'clock on Wednesday morning, the 25th July, I saw the prisoner coming from the rear of Ports-down Road, in Clifton Gardens, in the direction of the back of the prosecutor's house—he was carrying these two bags in his hand, and as he came along I saw him put this screwdriver into the big bag—on seeing me he went back a little—he then came forward—I went back out of sight and he came towards me—I went to see if I could find a policeman in uniform—I was in plain clothes—not seeing one, I went up to the prisoner, and said, "Good morning;" he said, "Good morning," and asked me the way to the Great Western Railway—I told him I did not know, and asked him what he had got in the bags—he said, "Oh! you have no need to look; it is all right, I assure you"—I told him I was a police constable, and I should like to see—on looking in the bag I found this property and a candle partly consumed—I asked him where he got these from—he refused to tell—he said he was going to take them to the Great Western Railway to meet his master—I told him he would have to go to the police-station to satisfy us how he came in possession of them—I took the bags in my left hand and caught hold of him with my right hand—he struck me a very violent blow at the side of the head and ran away—I ran after him for about 300 yards, and then overtook him and knocked him down—we had a struggle, and he got away from me and jumped over some railings—I followed him for about 300 or 400 yards into another field, and there we had another struggle together for about an hour and a quarter—during that time he got on the top of me and ran a small chisel, which he took from his pocket, into the corner of my right eye, and also in several places in my face—he got my thumb into his mouth and severely bit it—he also bit my second finger; at the same time he took hold of me by the collar, and said, "You b—, if you don't let me go I will kill you"—we had a desperate struggle together—an old watchman at last came up and took him to the station—I had a rattle with me; no staff—I have not been able to find the chisel that he struck me with—I took possession of the property, and afterwards showed it to Mrs. Leate.

Cross-examined. Q. Has all the property been found? A. I believe so—the prisoner did not say that he had found it—he gave no account of it whatever—he only said he was going to take it to the Great Western Rail-way—he was about 100 yards from the prosecutor's house when I met him—I had seen him before about the neighbourhood—I do not know anything against him.

GEORGE HENRY MACKERELL (Police Inspector). On the 26th July I examined the prosecutor's premises, and found a mark on the back kitchen window at the bottom of the sash which this screwdriver just fitted—it appeared that the sash had been forced up—the catch of the window had been recently forced off, but had been put on again before I arrived at the house—it is in the parish of Paddington.

Prisoner's Defence. I was coming home from a public-house at Kilburn about half-past twelve—I had to cross these fields—I saw two men running before me—they threw something down, and ran away—I went to see what it was they had thrown away, but could not find it, and I waited till daylight, about halfpast three—I then saw these two bags—as soon as I got them I was going straight to my home, when the policeman met me—I did tell him they were my master's property—I did not know he was a constable—he asked to look at the things—I said, "You can look if you like"—he said I must come along with him—he kept pushing me about—I asked him to leave off—he said he would not, that I was a b—young scamp, and he had had me before—I did run away, when I found he was a policeman, for about 200 yards—he then sprang his rattle for about ten or twenty minutes—nobody came, and I would not go any further—when the watchman came up the policeman wanted him to hit me on the head with his stick, but he would not—I went quietly to the station.

Two witnesses deposed to the prisoner's good character, but John Head, Police Sergeant E 2, stated that the prisoner was suspected of another burglary, and had absconded from his home—There was another indictment against the prisoner for an assault on the constable, to which he PLEADED GUILTY .— Confined Twelve Months .

The Court ordered a reward of 40s. to be paid to the witness Butt.

NEW COURT.—Thursday, August 16th, 1866.

Before Mr. Recorder.

718. FERATO LORENZO (30) , Feloniously wounding William Izzard, with intent to do him some grievous bodily harm.

MR. DALY conducted the Prosecution.

The evidence was interpreted to the Prisoner.

WILLIAM IZZARD (Policeman 133 H). On Sunday, the 5th August, I saw the prisoner and some others quarrelling in St. George's Street, Ratcliff Highway—I went and asked them to go away—they took no notice at first—I tapped another man on the shoulder, and asked him to go away—I said, "Go home"—the prisoner turned round and made a thrust at me with a knife, but did not reach me—I pulled my staff out and warded off the blow—some one then called out, "Mind the knife behind you"—I turned my head, and immediately the prisoner stabbed me in the abdomen—he was in front of me—there was another man in front of me, with a

knife almost close to me—I fell down and bled—I got up and followed the prisoner—it was a long-bladed knife—he was then taken by a policeman (56) and by me—he was drunk.

CHARLES McCARTHY . I am a stevedore, and live at 5, Salter's Court, Whitechapel—I was in St. George's Street, and saw the prisoner with four or five others—the constable stood on the pavement, and the people in the road making loud noises—Izzard asked them to go away—they took no notice—he touched one of them on the shoulder, and told him to go home—the prisoner pulled out a knife, and attempted to stab him, but did not reach him—he made several other attempts, which were of no use—a short stout man came behind Izzard with a knife—I said, "Look out," and as he turned his head the prisoner stabbed him—56 H came up, and the prisoner ran into a boarding-house with the others—56 H and Izzard went in and brought him out—I saw the short stout man attempt to stab Izzard behind before the prisoner stabbed him, but 56 H knocked him down—the prisoner got away from Izzard, who ran after him and fell—I followed the prisoner and knocked him down—a knife and a few halfpence were taken from him at the station.

COURT. Q. Was he very drunk? A. No—he knew what he was doing.

GEORGE BAXTER PHILLIPS . I am a surgeon, of 2, Spital Square—I examined Izzard on the 5th August—he had a punctured wound in the abdomen, penetrating through the muscles to the peritoneum, such as would be caused by a knife—it might have been dangerous, but it had not penetrated the bowels.

GUILTY of unlawfully wounding.— Confined Twelve Months .

719. EDWARD RICHARDSON (23) , Robbery on John Francis Mitchell, and stealing from his person one watch, his property.

MR. THOMPSON conducted the Prosecution.

JOHN FRANCIS MITCHELL (City Policeman 856). On the evening of the 30th July I was in High Street, Aldgate, in plain clothes, and saw the prisoner and a man not in custody walking side by side, with their hands in their pockets—in consequence of what I saw, I said to the prisoner, "I am a police constable, I shall charge you with attempting to pick pockets"—he said "What is your game?" and at the same time got hold of the black guard which was fastened to a silver watch in my waistcoat pocket—he took my watch and threw it to some one in the crowd—I seized him by the collar—a great many people of the lowest class came round, and after a very severe struggle he bent himself and threw me over his shoulder, and I came down on the top of my head—as I went over his shoulder my feet went through a shop window—I felt much pain for a fortnight afterwards—I got up, collared him again, and after another struggle, in which parties assisted me, I was thrown again—I felt that I could not get up any more, but twisted myself round the prisoner's legs, so that he could not move them—he struggled to get away, and pulled me up by my hair—some of the others joined with him, and completely pulled him away from me—he went twenty yards, and was then brought back to me by two plain clothes men who had come up—I went to the surgeon of the club—I felt sore for a fortnight—my watch was worth 2l. 2s.—the prisoner was taken to the station—his left coat pocket had no bottom to it.

Cross-examined. Q. That is not what you stated before the magistrate?

A. No, I said that his coat had pockets, but no bottoms to them—that is a mistake—it was only one pocket which had no bottom—the crowd did not assist me, and the shopkeepers would not allow me to take him into their shops—I did not hear the crowd call out "Shame!" or any words to that effect in my hearing—the policeman who came up witnessed the assault upon me, and sprang his rattle—when I said that I took him in custody I put my hand into his neck in the usual quiet way—he said, "If you do not let me go I will chuck you," and he did so—I had a walking stick about the thickness of my thumb—and after I found I was being over powered I hit him as hard as I could—that was after I fell the first time—I did not hit him before he chucked me—we struggled on the ground ten or twelve minutes, and I said that I would never leave him.

JOHN DAVIS (City Policeman 921). On the 30th July, about seven in the evening, I was in Houndsditch and heard a female make a complaint to one of our sergeants—in consequence of that, I went towards Aldgate, and saw the prisoner and another man coming round the corner from Aldgate into Houndsditch—I watched them ten minutes, and saw Mitchell go up to the prisoner—he told him that he was a policeman and was going to take him in custody for attempting to pick pockets—I caught hold of one shoulder, and he said to Mitchell, "What is your little game?" and snatched his watch—I saw the watch in the prisoner's hand and the chain hanging down, but did not see him throw it away, as I was engaged with the man not in custody, who struck me in the chest, caught hold of my scarf, and I turned and saw Mitchell lying on his back—I pursued the other man, but he escaped.

Cross-examined. Q. Were you with Mitchell the whole time? A. No, I was thirty or forty yards from him at first, but we came up together, or nearly so—I did not assist my brother officer because I had hold of the other man—I did not see Mitchell strike him with a stick, being engaged with the other—there was a great crowd, but there was no one close to us—I heard the cry of "Shame!" at their abusing the policeman.

JANEISAACS. I am single, and live at 132, Middlesex Hospital—on the 30th July, between seven and eight in the evening, I was in Whitechapel—I saw Mitchell and the prisoner struggling—the prisoner took Mitchell's watch and threw it to another party—I picked up Mitchell's hat and gave it to him—the prisoner caught hold of the hat and struck me across the eyes two or three times—he then threw Mitchell over his shoulder, and knocked his feet through a pane of glass—I saw the other officer come up—they took him to the station and he said, "I have blinded many a better girl than you and drounded many a better girl than you."

Cross-examined. Q. How many policemen were there in the first instance? A. Only Mitchell and Davis—they were together when I first saw them—they both got hold of the prisoner until Davis went after the other.

GUILTY . He was further charged with having been before convicted at this court, in June, 1864, to which he PLEADED GUILTY.**— Seven Years' Penal Servitude .

720. HENRY THOMPSON (29) and HANNAH JONES (23) , Stealing a purse and 2l. 5s. in money of Jose Ferario from his person.

MR. COOPER conducted the Prosecution.

JOSE FERARIO . I am writing clerk to a merchant, of 61, Moorgate

Street, City—on the 21st July, about eleven o'clock, I was in Cannon Street—Jones came up to me, but I did not understand what she said to me—I asked her the way to London Bridge—Thompson then came up and asked me something which I did not understand—he went off, but the woman held me by the arm, and said, "Come along"—she ran away, and I missed my purse, containing four half-sovereigns and 5s. or so in silver—I followed with a policeman, but could not see them—I described them, and soon afterwards saw them in custody, and Thompson had my purse in his hand.

Thompson. Q. Was it me that robbed you? A. No, I think not, but I took my purse out of your hand—the money was all on the ground.

Jones. Q. What pocket was your purse in? A. My left trousers pocket—I did not stop anywhere with you.

OWEN DALEY (City Policeman 586). I saw the prosecutor go up to the prisoners with the officer, who laid hold of Jones, and the prosecutor laid hold of Thompson—I saw this purse in Thompson's hand—he tried to throw it away—I laid hold of the prosecutor's hand, and he gave me the purse—Thompson tried to drop it in the street.

Thompson. Q. If you saw it in my hand why did you not take it from me? A. Because I held my lamp with one hand and your wrist with the other—the prosecutor took it out of your hand and gave it to me.

JOSEPH REGAN (City Policeman 638). About eleven o'clock on the 21st July I was at the corner of King William Street, and the prosecutor came and informed me that he had been robbed—I saw the prisoners standing together at the corner of St. Swithin's Lane—Jones had her skirt drawn up over her head, so as to conceal the whole of her body, except her face—the prosecutor identified them—I took her by the wrist and Thompson by the collar, and as I did so money dropped between them on the pavement—I drew them aside, to allow the gas to shine on the footway, and saw the other officer pick up two half-sovereigns—they both denied the robbery and all knowledge of each other—I took them to the station, and on Jones was found a pawn ticket for a shawl pledged in the name of A. Mellor, and this leather pocket (produced), which is three pockets in one.

Jones. Q. Did you see my frock over my head? A. Yes; your features were concealed by it.

Thompson's Defence. I met the gentleman and asked him if he would direct me to London Bridge—he said that he could not understand me—I met this female and asked her to direct me—while I was speaking to her the gentleman came up and gave me in charge.

Jones's Defence. This young man stopped me, and asked me the way, I have only been three months in London, and said I did not know—I bade him good night, and was walking away, when the policeman got hold of him—the prosecutor said to me, "You have robbed me"—I gave him leave to search me—I only had 1s. 6d.

GUILTY .— Confined Nine Months each .

721. JAMES BERRY (26, a soldier), Robbery, with other persons unknown, on William Charles Matthews, and stealing a watch his property.

MR. HOUSTON conducted the Prosecution.

WILLIAM CHARLES MATTHEWS . I am a coach painter, of Lisson Grove, Paddington—On Saturday evening, 4th August, between eight and nine o'clock, I was in the "Globe" public-house, Baker Street, for

about twenty minutes—I left, and saw the prisoner and two comrades of the same regiment come out of the next box to me—they came up in a bustling manner, and said, "Wake up, chum; what is the matter with you?"—I said, "There is nothing the matter with me"—they said, "You are ill"—I said, "No; I do not require your assistance"—they said, "We will see you home; where do you live?"—I said, "Lisson Grove; but I do not want you to see me home"—the prisoner and another took me by the arms, and another walked behind—they got to a dark place and surrounded me—the prisoner came in front of me, and said, "We want a pot of beer, lad"—I said, "The first public-house we come to I will treat you to a pot"—at that time the prisoner had my watch in his hand, and I saw him taking the chain out—I said, "You have stolen my watch"—I pulled my arm away from his other comrade, and he struck me two or three severe punches in the face and gave me a black eye, saying, "Take that, you b—," and ran off—I followed him through a great many streets and mews, and a policeman caught him—this (produced) is my watch—it is worth 4l.

EDWARD HENDRY CASTLE . I am a gardener, of 27, New Street, Dorset Square—on Saturday evening, 4th August, I saw the prosecutor, the prisoner, and two others, just by the "Globe" tavern, about half-past eight o'clock—I saw the soldiers take him away between the two lampposts, and saw the prisoner's hand come away from his waistcoat—he then struck him, and I saw the prosecutor's watch in the soldier's hand—I followed the prisoner down Gloucester Place, across Baker Street, into Paddington Street, Little Marylebone Street, and Smith Street—he never let the watch out of his right hand—I could have caught him before, but he was a strong lusty fellow, and I waited for help—I was present when he was taken—he threw the watch from his right hand—I picked it up and gave it to the constable.

Prisoner. Q. Did you see me throw it away? A. Yes.

JAMES WALLER (Policeman 129 D). On Saturday evening, 4th August, about half-past eight o'clock, I saw the prisoner running in Paddington Street—I heard cries of "Stop thief!" and followed him into Little Marylebone Street—as I took him in custody he threw this watch away against a lamp—Castle picked it up and gave it to me—I took the prisoner to the station.

Prisoner. You knocked me down with your staff.

Witness. I had no staff with me.

Prisoner's Defence. I did not strike Matthews—I am not the person who had the watch—if any one had it it was a man who was in front of me—I was running to get into barracks. GUILTY .**—He was further charged with a previous conviction in 1864, to which he PLEADED GUILTY.

Confined Eighteen Months .

722. WILLIAM BISHOP (13) , Feloniously cutting and wounding John Wilson, with intent to do him Some grievous bodily harm.

MR. GRIFFITHS conducted the Prosecution, and MR. HOUSTON the Defence.

JOHN WILSON . I am seventeen years old, and live at 47, Cheltenham Street, Bethnal Green—I am apprenticed to Mr. Streeter, a gilder—the prisoner worked in the same shop with me—on 2nd July, about half-past ten a.m., the prisoner had some work of mine in his hand—I told him to put it down—he said that he should not, and said, "What is it to do with you?"—I said, "A great deal," and gave him a smack in the face—he

waited for about half a minute, and then turned and stuck the knife he was working with into my right side—I told him he had stabbed me—he came back, looked at the blood, and began to cry—the mistress put some strapping on it.

MR. HOUSTON stated that he could not resist a verdict of GUILTY of unlawfully wounding. Recommended strongly to mercy by the Juryi>.— Confined Three Months .

723. THOMAS BUGBY (56) , Feloniously cutting and wounding John Allen Braddick, with intent to do him some grievous bodily harm.

MR. DALY conducted the Prosecution, and MR. RIBTON the Defence.

JOHN ALLEN BRADDICK . I am a sheriff's officer, and live at 12, Pea Row, Kilburn—on 1st August, about ten o'clock in the morning, I went to 1, Dock Street, Wapping, to arrest the prisoner—I saw him at the end of the room, went up to him, and said, "Mr. Bugby, I have a warrant to arrest you, at the suit of Mr. Green," opening the warrant and reading the name and the amount it was for—he said, "I suppose you want the money?"—I said, "No, I do not; my warrant is to arrest you"—he said that he would kill any man who attempted to take him out of the house—I said, "It is no use your talking like that; you will have to go with me, and you might as well go quietly," on which he struck me in the face two or three times, and also struck my assistant Milsom, who was with me—we both took hold of him and pulled him half-way along the shop—he called out for a knife, and called on a sailor, who was there, to assist him—Milsom went out for a policeman, while I struggled with the prisoner for ten minutes—he repeatedly struck me, and I struck him several times in self-defence—he called out again, "Give me a knife, and I will have the b—heart out of him"—we still kept struggling together till we got to the end of the room, where there were some knives on a table—he caught up the carving-knife, which was the longest, in his left-hand, raised it in this manner, and said, "Now I will have your b—heart out"—he made a strike at me, with the point of it towards my chest—I let go of his collar, raised my left arm, put my hand up, and caught the knife in the centre of my hand—he made a second strike at me, which I caught between my forefinger and thumb—I wrenched it out of his hand, and threw it on the floor—he ran out at the back-door into the yard and tried to fasten the door against me, but I got between the door and the door-post—he then struck me on the head with a scrubbing-brush and afterwards with a shovel—he continued in the yard a quarter of an hour, and then made a rush into the house—Milsom came back with a constable, and I gave the prisoner in custody.

Cross-examined. Q. Did not he ask you to show your authority, and did not you say, "I shall not show you any authority; you must come with me?" A. No, I had the warrant open in my hand—this was in the coffee-room—a sailor and two females were present—it was not I who took the knife up—the sailor is here—the prisoner's wife did not succeed in getting the knife from both of us—very likely the prisoner's hand was cut—the surgeon wished to attend to it at the station, but the prisoner would not allow him.

JAMES MILSON . I live at 6, Plough Court, Fetter Lane, and am a sheriff's officer—I went with Braddick—I have heard his evidence—it is true—the prisoner struck both of us, and called on a female to give him a

knife, saying, "I will kill the b—s before they shall take me"—I said, "You had better go quietly"—he still struggled, and I went for a con-stable—when I returned I found Braddick bleeding—I did not see the stab.

GEORGE HUNT (Policeman K 154). I was called and found the three men struggling in the passage—Braddick's hand was bleeding—he gave the prisoner in custody—he said, "All right, constable, I will go with you, but the other b—s I would murder before taking me"—he made a kick at Milsom's legs.

GEORGE BAXTER PHILLIPS . I am a surgeon, of Spital Square—I was called to the station, and found the prosecutor with a punctured and incised wound on his right hand, going about an inch and a half into the palm, also a similar wound on the knuckle of his right forefinger, and some scratches on his face.

Cross-examined. Q. Did you examine the prisoner? A. Yes—his hand was grazed, probably with a knife—the prosecutor's was a bad wound—it might have been serious.

Witnesses for the Defence.

HARRIETTE MORRIS . I am a servant employed by the prisoner's wife's sister, but the prisoner is not my master—I saw Braddick come to arrest him—the prisoner asked for his authority—Braddick said that he had no authority, he wanted him—he was not reading from any paper, I am sure of that—I saw them both holding the knife and struggling with it—the prisoner's wife took it from them, and cut her right hand in doing so.

Cross-examined by MR. DALY. Q. What are you? A. Waitress—the prisoner had just come into the bar, and the two officers followed him—the prosecutor never said that he had a warrant—I heard nobody ask for a knife while I was there—I was in and out all the time.

MR. RIBTON. Q. Did you hear anybody say anything about killing any one or taking any one's heart out? A. No.

LYDIA LYAS . I am a sister of the prisoner's wife—I was upstairs when the officers came—the first I saw was the struggling at the top of the shop before they went into the bar—I saw a knife between them in the bar after they went out of the shop.

JAMES NIGHTINGALE . I am a mariner—I was in the house—there was a knife on the table, and it was the prosecutor who took it up, but I do not know for what purpose—they struggled with the knife, and I saw the prisoner's wife take it from them—I did not hear anybody call out, "I will kill you." The prisoner received a good character. GUILTY of unlawfully wounding.— Confined Six Months .

724. FREDERICK BENDER (19) was indicted for a like offence.

MR. GRAIN conducted the Prosecution, and the evidence was interpreted to the prisoner.

WILLIAMMAY. I keep the "Globe" beerhouse, 9, Commercial Road—on Sunday night, 8th July, the prisoner came in and walked through into my parlour—he had not been there ten minutes when he struck a customer—I ordered him out—he went out, but insisted on coming in again—I posted myself at the door to prevent him, and he deliberately stabbed me on the left temple—I saw a knife in his hand after he struck me—no provocation had been given him.

Prisoner. Q. Did your companions or friends give me a black eye? A. No.

JAMES DOCKEY . I live at I, Sheppey Yard, Minories—on the night of 8th July I was talking to the landlord of the "Globe," and the prisoner walked through into the parlour—he afterwards struck a man and split his lip—Mr. May got him out quietly, but he returned and wanted to come in again—Mr. May would not let him—he struck Mr. May with a knife over the shoulder of a young man who was there—I saw the point of the knife projecting from the prisoner's hand as he came up—he threw the knife down and ran away—I ran after him—he had had a little drink, and fell on his hands and face and hurt himself—I held him down till a constable took him—I saw blood running from Mr. May's cheek.

Prisoner. Q. Did you strike me in the eye? A. No.

GEORGE PHILLIPS . I am a surgeon—I dressed a wound on the prosecutor's temple—it was three-quarters of an inch long, severing the skin, and was done by a knife or some sharp instrument.

Prisoner's Defence. I had no knife the whole day, but somebody gave me one, and said, "Use it"—if I have done it I am very sorry for it—I was under the influence of liquor, or I should not have done it.

GUILTY of attempting to do grievous bodily harm. Recommended to mercy by the Jury.— Confined Twelve Months .

FOURTH COURT.—Thursday, August 16th, 1866

Before Robert Malcolm Kerr, Esq.

725. FREDERICK HIBBERT (20) , Burglary in the dwellinghouse of Charles Brown on the night of 2nd July, and stealing eight coats and two pair of trousers, value 5l., his property.

MR. HARRIS conducted the Prosecution.

CHARLES BROWN . I am a clothes salesman, and live at 45, Prince's Road, Notting Hill—on Monday night, 2nd July, about half-past nine, I locked up my shop—all my premises were then secure—the shop was full of clothes—I returned about half-past eleven to twelve on the same night—I found the candle that I had placed on the counter, moved, and a ticket was on the counter that had been on a coat—the coat was missing—I am quite certain it was there when I went out—I found a shelf on which some clothes were kept was empty, and the clothes gone—an entrance had been effected from the back window—that was fastened with a catch—some flowers on the ledge had been lifted down, and the catch forced backwards—the lock upon the door leading to the room had been forced back—the door was open—it was shut when I went away—I found a screwdriver in the shop—the constable compared it with the marks on the door—the prisoner lodged in the kitchen under my shop—he had done so about two months—I didn't see him on the night of the robbery, but I know he left the premises on the Monday morning—I heard him come upstairs and go out—I lost eight coats and some trousers—they have not been found.

ELIZABETH GANT . I am the wife of Joseph Gant, and live in the front kitchen under the prosecutor's premises—the prisoner is my brother—he was not there on the night of the robbery—he has not been there since the Monday night the robbery was committed—I saw him go out that night—I spoke to him—I asked him when he was coming in—he said, "Not just yet"—I know this screwdriver—it is mine.

JOSEPH GANT . The last witness is my mother, and I live with her—

I recollect Monday night, 2nd July—I saw prisoner in my mother's room that night—he took the screwdriver out of the box about half-past nine—he went away that night and never came back any more.

COURT. Q. What did he do when he took the screwdriver out of your mother's box? Q. He took it upstairs and went out of the street door.

GEORGE IRVING (Policeman 10 X). On 3rd July I went to the prose-cutor's house, in consequence of information—I found that the window leading from the back yard had been forced open by the catch being forced back, and the door leading from the back parlour to the shop had been forced by something being put in, and the lock forced back—he gave me this screwdriver and told me he found it in his shop—the mark on the side of the door where the lock was forced back exactly corresponds with the small end of this—I think part of the socket was broken off and that made a dent in the ironwork—I went in search of the prisoner—I apprehended him in some waste fields at Hammersmith—I told him I wanted him for committing a burglary in Prince's Road, Notting Hill—he said, "I know nothing about it; it's no use asking me any questions, for I know nothing."

Prisoner. It's perfectly true what he says—I know nothing about it—I was not there.

COURT. Q. You say, from marks on the window, the catch had been forced open—how do you mean? A. There were marks of violence—Mr. Brown told me afterwards he had put something up to see if it could be done—he might have done it putting something up to try it—the marks on the door corresponded with the small end of the screwdriver—the bolt shuts into a small iron, and this (the screwdriver) had been forced into the top of the bolt, and left a mark on the small part of the iron—it was done with something square.

NOT GUILTY .

726. CHARLES WRIGHT (23) and JOHN WILSON (32) , Burglary in the dwellinghouse of Edwin Whitburn and stealing 2l. 10s., his money—second count, for receiving.

MR. LANGFORD conducted the Prosecution.

EDWIN WHITBURN . I keep the "Stanhope's Head" beerhouse, Garden Street, Whitechapel—on Wednesday morning, 5th July, between one and two o'clock, I was disturbed by a dog barking—I got up directly and looked out of the window that overlooked my private bar—I saw both the men outside first—I saw one of them get through the window, I don't know which it was—as soon as I threw up the window and looked out they were off directly—I missed nothing at first—next morning I missed 2l. 10s. in coppers, done up in five-shilling packets, and a white tablecloth—I have not recovered the tablecloth—the window was bolted before I went to bed—I described the prisoners to a policeman who is not here—I had previously seen them drinking in my house two or three times—I am quite sure Wright was one—I can swear to him—the other was much the stature of Wilson—Wright wore a white cap—the policeman Carling afterwards showed me some copper moneys and brown papers (produced)—these are like what I lost—there was a bad halfpenny among them—my wife did them up.

Wright. At Worship Street he said he saw Wilson get out of a window and cross over the street to a man with a white hat on. Witness. No.

MR. LANGFORD. Q. Is that the kind of hat (produced) he wore? A. Yes.

CHARLES CARLING (Policeman 163 H). From information I received from the constable on duty, I went with Sergeant Reed, about half-past two o'clock in the morning of the 5th July, to No. 5, Bell's Place, Whitechapel—the door was open and I went in—I found the prisoners there—Wilson was in bed in his shirt—Wright said, "What do you want here?"—I said, "Nothing particular; I've come to search your room to find some stolen money in your possession"—he said, "Oh, you can look"—he didn't say if he had any or not—I asked Wilson to jump out of bed—I looked underneath the head of the bed—there was nothing there—then I looked underneath the bed and found this cap full of copper money—I found these papers on the table—I asked Wright how he came by the money—he said he was a dealer in fish at Billingsgate, and got it for some mackerel—he said, "That is my money; I earned it honestly."

ALFRED REED (Policeman 20 H). I went in company with Carling—I saw him search the bed and find the money under the bed in the hat—I asked the prisoners how they accounted for the money—Wright said, "It belongs to me; I worked for it"—Wilson said, "It belongs to us."

HARRIET WHITBURN . I am the wife of Edwin Whitburn—on the Monday before Thursday, 5th July, I made up some packets of halfpence—this halfpenny is one that was in one of the five-shilling packets—when we put the halfpence up we always put the French halfpence or any of that sort by themselves, and then if any are wrong we allow to the brewers for them—I can swear to this halfpenny—this is another which I did up—I can swear to this also.

Wright's Defence. I wish to state how I came by the money—we are two hard-working men, and get our living by selling fish—on the Wednesday previous to the Thursday we were taken I went to Billingsgate Market and bought some mackerel—we were going with it along Whitechapel, when just outside the London Hospital a man asked us if we wanted to sell the mackerel—I said, "I will take 55s. for them if you like"—he said, "I will give 50s. for them"—I said, "All right, you shall have them"—he says, "I have 50s. worth of coppers," and counted them into my cap—we had some supper and went to bed pretty near daylight—the police came and asked me what I had got there—I said nothing belonging to them—they searched the place and found the cap of money—I said, "It belongs to me."

Wilson's Defence. That is all that took place—I have nothing more to say.

GUILTY .

Wright was further charged with having been previously convicted at Clerkenwell, on 20th April, 1863, to which he PLEADED GUILTY.

WRIGHT**— Ten Years' Penal Servitude .

WILSON*— Five Tears' Penal Servitude .

727. RICHARD NOTT (59) , Feloniously forging and uttering a bill of exchange for 30 l.

MR. COOPER conducted the Prosecution, and MR. DALY the Defence.

JAMES SCOTT . I carry on business at 30, Minories, and am a leather merchant—on the 29th September last this bill was received by me—it was exchanged for a watch and chain and 13l. 10s., with 1l. 10s. for discount, making up the amount of the bill—when the bill came to maturity it was presented, but sent back dishonoured.

Cross-examined. Q. That is a very unusual mode of discounting? A. I did not want to discount it at first—I am not a bill discounter—I knew he dealt in jewellery—the watch and chain were gold—my son had worn it some time, and didn't want it—I should be very glad to take it back at the money—he made the proposition—I showed him the watch—I should have shown him anything of that sort if I had had it—if he had dealt in leather I should have given him leather—I showed him the watch because he asked me if I had got anything of that kind.

COURT. Q. Had you agreed to give him 28l. 10s. before the watch was spoken of? A. He wanted me to discount the bill—I said it was not in my line—I would not do it—the watch and chain had been lying on my shelf for some time—he offered to take the watch and chain in part payment, and that induced me to do it.

MR. DALY. Q. When the bill was about due didn't he say his cousin had authorised him to sign it? A. I didn't see him for months after the bill was due—he kept out of the way—I found him at Croydon—I believe he lived there—I did not know where he carried on his business—I could not find him at any time unless he came to me—I have since heard that he lived at Prince's Street, Nothing Hill—I didn't know it then—I told him that Easterbrook had denied the signature—he said that he had authorised him to sign it—I have heard that Easterbrook is his first cousin—I didn't know it at the time I took the bill—I inquired about the signature, and found he was a respectable man before I did the bill.

ANTHONY WILSON MONGER . I am a detective officer of the City—I took prisoner into custody on Thursday, the 26th July, in Mr. Scott's house, in the Minories—before doing so I told him I should take him into custody on a charge of forging and uttering a bill for 30l.—I gave him a caution—he said, "I have nothing to say"—I put him in the cab, and going to the station he said, "I know it's a forgery. I am very sorry Mr. Scott has taken these steps in the matter. My cousin knows nothing about it. Had Mr. Scott served my cousin with a copy of a writ he would have paid the money, as he has done before."

WILLIAM EASTERBROOK . I am a gentleman of independent property, and live at Tiverton, in Devon—I know the prisoner—he is my first cousin—this is not my signature—I never authorised prisoner to place my signature to this bill.

Cross-examined. Q. You have known the prisoner twelve or fourteen years, haven't you? A. Yes—he didn't behave honourably to me—I have had bill transactions with him two or three times—sometimes I would provide him with 5l. or 10l. to accommodate when the bill became due, through my bankers—he did not, shortly before the bill came to maturity, send me a memorandum for my signature to hand to the bankers—he has never signed my name to a bill before this—I have had memorandums from him to advance money to meet the bills—when there was any deficiency in the former bills I have requested my bankers to advance it, and take them up.

COURT. Q. What former bills? A. Two or three that I had accepted drawn by him—I had accepted two or three bills for him, drawn by him upon me, and I have advised my bankers if there was not sufficient money to pay them, to make it up and meet them, and put it to my account.

MR. DALY. Q. Did not you receive on the 12th December, 1865, be-fore this bill became due, a memorandum of the sort from the prisoner? A. Yes; I never answered it—I had made up my mind never to answer

another letter—I have received cheques from the prisoner, but sent them back again immediately.

MR. COOPER. Q. How long ago did you accept the last bill for him? A. About three or four years ago—the last bill was never taken up—that stopped all comunication—since then I have never answered any letter addressed by him to me, and never intended—I have never had the opportunity of telling him that, for I never answered—I never gave authority for this—I never gave him authority to sign my name in my life.

The prisoner received a good character.— GUILTY .

The Jury recommended him to mercy on account of his character, but a constable stated that the prisoner for the last ten years had been living "on his wits."/—Five Year' Penal Servitude .

728. JOHN CONWAY (45) , Burglary in the dwellinghouse of David Middleton, and stealing therein a despatch-box and other articles.

MR. MOODY conducted the Prosecution.

ELIZABETH MIDDLETON . I am the wife of David Middleton, of 14, Ryder Street—he keeps a lodginghouse—about a quarter past five on the morning of 10th July I heard a noise on the stairs of my house—I went out to see what it was, and saw prisoner walking along my passage—I called out, "Stop thief;" and, "I have caught you at last, sir"—he never spoke—he turned his head round and looked at me—I got a full view of him—he walked as quickly as possible to the front door—I followed and took hold of him—he dropped the despatch-box on the mat of the door—he opened the door—I held it as long as I could, to prevent him going out, but he managed to escape from the house—in doing so he dropped this on the step—a policeman was coming up to the door as he was going out, and, hearing the alarm, he followed him and brought him back—he said that it was not he who had done it—I said, "You are the man"—I saw a latchkey drop from his trousers—this latchkey was afterwards tried in my door, and it opened it.

Prisoner. Q. Did not the key belong to you? A. I don't know, but it opened my front door.

WILLIAM WALLIS (Policeman C 86). On the morning of 10th July, about half-past five, I was on duty in Ryder Street, St. James's, near the prosecutor's house—I saw the prisoner leave the house—he had with him this cashbox and this coat—as soon as he saw me he dropped them—I picked them up and followed him till he was stopped—he ran straight up Jermyn Street—another constable came round the corner and stopped him—I never lost sight of him—I brought him back to the house—he dropped a key as soon as he was stopped—the other constable picked it up and put it into my hand—when at the house he dropped another key—that is the key I gave to Mrs. Middleton—he dropped another key after he got to the station—I searched him—these are the keys, and fit the prosecutor's door.

Prisoner. Q. Did not the prosecutor say those keys belonged to him? A. Not in my presence—they did not fall from the coat you had in your hand.

DAVID MIDDLETON . I reside at 14, Ryder Street, St. James's, and keep a lodginghouse there—I don't know who these keys belong to—they opened the door—my house was properly secured on the evening of the night.

Prisoner's Defence. I know nothing about it.

COURT to MRS. MIDDLETON. Q. What did you mean by, "I have caught you at last?" A. My house has been robbed before—this is the third time—the first time was on Friday morning, 22nd December, 1865, after eleven o'clock; the second on Wednesday, 9th May, 1866—the first time they took an eight-day clock and a Paisley shawl; the second time a gentleman's walking-coat, waistcoat, and pair of trousers, from the same room as this.

GUILTY .— Five Years' Penal Servitude .

729. JOHN WILLIAMS (23) and GEORGE HERBERT (19) , Stealing a coat, the property of Charles Crickburn Druce.

Williams PLEADED GUILTY .

MR. LANDFORD conducted the Prosecution.

JOHN HAMPSON . I am in the service of Charles Crickburn Druce, tailor, 47, Bishops gate Street—about three o'clock in the afternoon of the 3rd August I was in the street going to the shop—I saw Williams as I was approaching the shop go up to the door and take a coat off the rod—Her-bert was covering him—they both walked down the street towards me—I said to them, "What are you going to do with that coat?"—Williams put the coat in my hand and they both started off—I followed them—when they got to Ethelburg House a policeman came up—before I lost sight of them I saw the police-officer start off—I followed Williams—I saw the constable Kewsig follow Herbert.

JAMES KELSEY (Policeman 894 City Police). About three o'clock on the afternoon of 3rd August I was at the top of Wormwood Street, near Bishopsgate Street—I heard a cry of "Stop thief!" and saw Williams run down—I took him—I saw nothing of Herbert at the time.

THOMAS KEWSIG (Policeman 880 City Police). About three o'clock in the afternoon of 3rd August I saw the two prisoners running along Bishopsgate Street, near the shop of Mr. Druce, towards Bishopsgate Church—I followed and took Herbert—I told him I should take him into custody—he said he had done nothing—I said he would soon find out what he had done if he would come back with me—he was very violent and tried to get away—there was no thoroughfare in the place where I took him—they were running close together.

Herbert's Defence. On 3rd August I met the prisoner—I knew him by sight—I spoke to him, and we had a pint of sixpenny ale together—I asked where he was going to—he said, "Nowhere particular"—while going along we saw a coat, and he said he should like one of them very much—he took it—I ran away, thinking I was as guilty as him, but I'm not—I'm as innocent as anybody.

GUILTY .

Herbert further PLEADED GUILTY to having been convicted of felony on 17th April, 1865, in the name of George Reed.

Williams was further charged with having been convicted of felony.

JOSEPH KING . I am warder at the Middlesex House of Correction—I know the prisoner Williams—I was not present at the conviction, but I had him in custody under the warrant as William Akcrs, for three months.

Williams. I have proved that I have never been in prison before in my life—I have been at sea these seven years, and have only been home ten months. Witness. I have no doubt about the prisoner.

GUILTY of the previous conviction.— Seven Years' Penal Servitude each .

730. THOMAS SPELLING (25) , Stealing a watch, the property of Henri L'Homme, from his person.

MR. LONGFORD conducted the Prosecution.

HENRI L'HOMME . I live at 64, Denbigh Street, Pimlico—last Wednesday evening, the 8th August, I went to Guildhall yard—a large meeting was being held—I felt a hand that pulled my watch out of my pocket and loosed the watch from the chain—the prisoner had been close to me—I put my hand upon him, saying, "You have robbed me of my watch"—two gentlemen seized him and said they saw him do it—I saw the watch lying on the ground about two moments after.

Prisoner. Q. Were you in front of me or by my side? A. You were behind me—the hand came from behind me.

WILLIAM GREEN (City Policeman 280). Last Wednesday evening, about half-past eight o'clock, I was in the Guildhall yard with Hoby and Smart—there was a crowd there—after watching the prisoner some minutes I saw him go up behind the prosecutor, and put his right hand round the prosecutor's waist, taking hold of his watchguard and drawing the watch from his waistcoat pocket—I was close behind him—at the end of six or seven yards he got his left hand to his right when I heard a click—I laid hold of him by his collar—the prosecutor, turning round at the same time, said to the prisoner, "You have got my watch"—I handed him over to the custody of Hoby, who was with me, and with the assistance of Smart and other officers we cleared a path back—Smart picked up the watch within a yard of where he was standing—I took him to the station—he was wearing a metal chain—that was all I found on him.

SAMUEL HOBY (City Policeman 899). I was with the last witness in Guildhall yard about a quarter-past eight—I saw the prisoner follow up behind the prosecutor—I was close to Green—I followed him and saw his hand round the prosecutor—he walked some distance, and then Green said, "He has got it"—the prosecutor turned round directly and said, "You have got my watch"—Green held the prisoner some time and then handed him to me—Smart and Green then together got the people back, and Smart came back to me with the watch.

THOMAS SMART (City Detective). I was with Green and Hoby in Guildhall yard, a little after eight o'clock—I saw the prisoner pushing up against the prosecutor—I saw Green catch hold of him by the collar just at the time I saw the prosecutor lose the watch—I found the watch on the stones close by my feet—the glass was broken.

GUILTY .**—He further PLEADED GUILLTY to having been convicted of felony in June, 1866.— Ten Years' Penal Servitude .

731. ANN CAMPBELL (25) , Stealing a handkerchief of John Bennett, from his person.

MR. STARLING conducted the Prosecution.

JOHN BENNET . I am a seaman, of the ship George, lying at Wapping—on the 23rd July I was coming over Tower Hill into Thames Street—I say the prisoner—I was eating some gooseberries—she said, "Give me some gooseberries"—I found my handkerchief was gone—she said she had not got it—I said I should give her in charge of the first policeman I came to—I gave her in charge—there was another young woman with her—this is my handkerchief (produced).

COURT. Q. Did she go with you to the policeman? A. I followed her until I found a constable.

JOHN BROWN (Policeman 149 H). I was on duty on Tower Hill on the evening of the 4th July—the prosecutor came to me and pointed the prisoner out—there was another young woman with her—the prosecutor said he would give the prisoner in charge if he was sure she had his hand-kerchief—I said I could not take the charge—the prisoner then walked away towards the corner, and I saw her put her hand under the railings—I went to the spot and picked up the handkerchief.

Prisoner's Defence. I was standing with another young woman, when the prosecutor turned round and spoke to us—he gave us some gooseberries—we walked along a little way and met this policeman—the prosecutor said, "One of these women has taken my handkerchief, but I can't say which"—the policeman said, "I can't take them if you don't know which of them took it"—I am innocent—I know nothing at all about it—he couldn't say whether the other young woman took it.

NOT GUILTY .

732. ROBERT DUNDEROW (18) , Feloniously wounding Morris Buckley, with intent to do grievous bodily harm.

MR. STARLING conducted the Prosecution.

MORRIS BUCKLEY . I live at 4, Mill Alley, St. George's—on Saturday night, 14th July, between eleven and twelve o'clock, I heard a noise in the alley—I ran out, when the prisoner ran up to me, and said, "Morris Buckley, you are the very fellow I wanted to see"—I put up my arm to guard the blow, and caught it—I said, "Oh! I am stabbed"—I had not struck him before that on that night—I had a fight with him some nights before.

MICHAEL CUNNINGHAN . I live in Mill Alley, St. George's—I was there on 14th July—I saw the prisoner—he was in the midst of a crowd when I ran out—I saw him go up to Buckley and make a blow at him—Buckley said, "Cunningham, I'm stabbed"—I ran up to the prisoner and kept him till the police came—I don't know whether he had a knife in his hand—there was a woman there, and a little boy—I think they were the persons who took the knife from him.

JAMES LOWEN (Policeman 83). On 14th July I heard cries of "Police!" from Buckley—I went and found the prisoner on the ground—Buckley said he had been stabbed in the arm—he was bleeding from a wound in the arm—he gave prisoner into custody.

Prisoner. Q. Wasn't I bleeding, too, when you saw me in the alley? A. I couldn't say he was bleeding—he had marks on his face—Buckley was perfectly sober.

GEORGEROGERS. Buckley was brought to the London Hospital suffering from an incised wound on the right arm—it was caused by a knife—It went very near the main artery.

GUILTY of unlawfully wounding.— Confined Two Months .

THIRD COURT.—Thursday, August 16th, 1866.

Before Mr. Common Serjeant.

733. HENRY VICKERY (21) was indicted for stealing the sum of £1 6s., the property of Francis Danderidge.

MR. COOPPER conducted the Prosecution.

FRANCIS DANDERIDGE . I am a labourer, and live at High Street, Hounslow—on the 17th April I had been digging up to one o'clock in a garden, and I then went to a public-house to get my dinner—I took my purse out to pay for what I had, and replaced it in the pocket of a pair of trousers that I was then carrying—I returned to my work and laid the trousers down—I saw the prisoner come into the field, and I said to him, "You must not come here, as my master does not like it"—he made no reply, but went straight to the trousers, picked them up, and ran away—I followed him into the turnpike road, and then saw him put his hand in the pocket and take the purse out—he threw the trousers into the road, and I picked them up—the purse contained a half-sovereign, three half-crowns, two two-shilling pieces, and some small change—I gave information to the police, but I have never recovered my money nor the purse.

GUILTY .

The prisoner pleaded guilty to a former conviction.

734. HENRY VICKERY (21) was again indicted for stealing a mare and a set of harness, the property of William Moore.

JOHN BANKS (Policeman 126 T). On the 23rd July, about three o'clock, I was in the village of Hanworth—I heard that a man was offering a horse and a set of harness for sale—I found the prisoner outside the "Crown and Anchor," in company with two other men—I asked whose horse it was, he said it was his, that he had bought it of John Carter, of Hounslow, three months ago, for 8l.—I took possession of the horse and harness, and afterwards found that it belonged to a Mr. Moore.

WILLIAM MOORE . The horse and harness that was shown to me by the last witness is mine—I left it on Saturday, 21st, at Mr. Green's, the "Builders' Arms," York Road, Battersea—when I went on Monday to fetch it I found it was gone—the mare and harness are worth 10l.

GUILTY .— Seven Years' Penal Servitude .

735. HENRY WILLIAMS (20) , Robbery with violence on William Harwood, and stealing 1l. 17 s.

MR. GRIFFITHS conducted the Prosecution.

WILLIAMHARWARD. I reside in Royal Mint Street—about one o'clock on the morning of the 26th July I was going home—when I got within fifteen yards of my place the prisoner pounced upon me—I had about 1l. 15s. in my pocket—I was struck by some one, and immediately after-wards a hand was put into my pocket, and I lost my money—I did not see the prisoner again that night, but I am certain he is the man.

JOSEPH NEWMAN (Policeman 146 K). About one o'clock on the morning of the 26th of July I was on duty in Royal Mint Street—I saw a female walking by the side of the prosecutor, she left him, and the prisoner pounced upon him—the prisoner came from Glasshouse Street—I saw the prosecutor's right-hand pocket turned inside out—directly the prisoner saw me he ran down Glasshouse Street—I caught him—he was searched at the station, and 11s. 4 1/2d. found on him—there were others with the prisoner, and they called out, "Sling it."

COURT. Q. Was the prosecutor sober? A. No—he was not.

GUILTY .— Confined Nine Months .

736. JOHN JONES (22) , Feloniously wounding Richard Clark, with intent to do him grievous bodily harm.

MR. COLLINS conducted the Prosecution, and MR. DALY the Defence.

WILLIAM FARLEY (Policeman T 68). At half-past eight o'clock on the 14th July I was on duty at Twickenham—from information I received, I went to the "Rising Sun," and there found the prisoner in the custody of some men, who said that he had stabbed a man—I went into the yard, and there saw the prosecutor, who was bleeding very much from the thigh—the prisoner was with me, and the prosecutor said, "That is the man that stabbed me"—the prisoner said nothing, but when at the station he said, "I will give you 10s. if you will allow me to go out the back way"—the next morning he said, "I had been knocked about most terribly, and I took out the knife to intimidate the mob, who was knocking me about. I had no intention of doing any one an injury"—from the prisoner's appearance, I should say he had been knocked about very much—he had two black eyes, his mouth was cut, and he had lost both his coat tails.

Cross-examined. Q. Did he not also say he had been kicked? A. He showed me his breast, which was quite dark.

RICHARD CLARK . I reside at No. 5, Albert Street, St. Leonard's Road, Poplar, and am a hammerman—on the 14th July I went with a party of friends to Hampton Court, and when we were returning, about eight o'clock, we stopped at the "Rising Sun," Twickenham—we went into the bar, and ordered some refreshment, after which I went into the yard—two minutes afterwards some one said, "Beware of that man, he has got a knife"—I turned round and saw the prisoner with a knife in his hand, and before I had time to move he stabbed me in the left thigh—I fell into a man's arms, and said, "Oh! he has stabbed me"—I was taken to a private house, and on Sunday night was removed home—I am still under medical treatment, and am very weak from the loss of blood.

Cross-examined. Q. The whole of your party had been drinking, had they not? A. Yes, but we were not drunk—we had not been larking with the prisoner.

GUILTY of unlawfully wounding.— Confined One Month .

737. ALFRED ABERY (20) , Stealing a cashbox and two cheques for 50l. and 30l., the property of Richard Chandler, in the dwellinghouse of John Francis.

MR. THOMAS conducted the Prosecution.

CHARLES BAKER (City Detective). About half-past eleven a.m. on the 3rd July I was in Brooke Street, Holborn, in company with another officer named Childs—I saw the prisoner there and stopped him—I asked what he had got about him—he said, "Nothing "—I told him I should take him into custody on suspicion for stealing a cashbox on the 28th June from No. 2, Bucklersbury, Cheapside—he made no answer—I then put my hand in his breast-pocket, and took out these two cheques, this bill of exchange, and an I O U—I said, "Why, you have got some of the property here"—he made no answer, but one of his companions said, "Some one must have put them there"—I took him to the station.

ROBERT CHILDS (City Detective). I was with Baker when the prisoner was arrested—I took this black bag (produced) from his coat pocket.

RICHARD CHANDLER . I am a solicitor, practising at 2, Bucklersbury—I received information from Baker in reference to this robbery—I searched my safe and missed a cashbox and the papers produced—I do not know

the prisoner—on this day one of my clerks was absent, and I had gone out for a short time—I do not think the cashbox was taken from the safe, but from a desk.

Prisoner's Statement before the Magistrate:—"I was in Milk Street, and I picked up the cheques in a piece of paper—I showed them to some per-sons, and they told me to keep them until I saw a reward offered."

GUILTY .*

The Prisoner also PLEADED GUILTY to a former conviction.— Confined Eighteen Months .

738. ROBERT BARRETT (34) and MICHAEL MURRAY (19) , Burglary in the dwellinghouse of James O'Niel, and stealing two coats and other articles.

MR. COOPER conducted the Prosecution.

JAMES O'NIEL . I am a tailor, at 17, Heddon Court, Regent Street—on the 8th July last my house was broken into, and two coats and other things taken—Murray worked for me two months ago—last Wednesday week he came to my house—I said to him, "You are a nice young man to do what you have done to me." He said, "I am sorry for what I have done. I have come to give myself up"—he said he knew where the things were sold—I gave him into custody.

FREDERICK BUCKINGHAM (Policeman 328 A). I was called to the prosecutor's house—the prisoner was there—Mr. O'Niel told me that Murray had come there for the express purpose of giving himself up—he said, "I charge this man with breaking into my house on the 8th July, with another man, or two men, one of them in custody and the other not"—Murray made no reply—afterwards he said to me that he had been seen about the streets by several men who knew him, and he knew he should be taken into custody, and he did not want an innocent man to suffer—Barrett was in custody at that time.

MARAGARET GOLDING . I live at No. 1, Leicester Street—about a quarter to nine on Sunday evening, the 8th July, I saw Barrett in Regent Street—I saw him again at half-past eleven coming out of Mr. O'Niel's house with a bundle—another man was with him, but I could not say that it was Murray.

JAMES O'NIEL (re-examined). I went to bed on the 8th of July about twelve o'clock—I left home about nine o'clock and returned about twelve—the place was locked up when I left—I am quite sure of that—I did not discover my loss until the next morning, and then I found a window in the back yard had been broken through, which any one could put his hand through and unfasten.

Murray. Q. Did not you tell me that you did not want me at all, but that it was a man named Fitzgerald? A. Fitzgerald is the one I would wish to have—I would rather have him.

Barrett's Defence. I had been to my employer's brother-in-law, who lives within four doors of Mr. O'Niel.

NOT GUILTY .

OLD COURT.—Friday, August 17th, 1866.

Before Mr. Recorder.

739. GEORGE BROOKS (22), JOSEPH NEW (29), EDWARD PRICE (28), and THOMAS CLEMENTS (18) were indicted for a rape on Sarah Russell.

MR. MONTAGU WILLIAMS conducted the Prosecution, and MR. RIBTON the Defence.

BROOKS was found GUILTY of the attempt.—He received a good character.— Confined Eight Months .

NEW, PRICE, and CLEMENTS— NOT GUILTY .

NEW COURT.—Friday, August 17th, 1863.

Before Mr. Common Serjeant.

740. DANIEL HARMAN (35) , Stealing a metal pot, the property of William Matthews; and ROSETTA JENKINS (25) , Feloniously receiving the same.

The prosecutor did not appear.— NOT GUILTY .

ESSEX CASE.

Before Mr. Common Serjeant.

741. JAMES LOWRIE (42) and JAMES GULLIVER (32) were indicted for stealing thirty-three bushels of linseed, the goods of the St. Katherine's Dock Company, the masters of Lowrie.

MESSRS. POLAND and GRAIN conducted the Prosecution, MR. Sleigh defended Gulliver, and MESSRS. COLLINS and TURNER LOWRIE.

THOMAS TOYNE . I am foreman of the jute department at the Victoria Docks—on Friday, the 29th of June, between twelve and two, I delivered seventy-two bales of jute to the barge Lion at the south shore, Victoria Dock, of which Gulliver had the charge—at that time I saw no loose seed in it.

Cross-examined by MR. COLLINS. Q. Where were you when this barge came up? A. At the end of the jetty—I was not there during the whole of the delivery—the delivery took about an hour—the barge was partly covered, and I could not see fore and aft.

Cross-examined by MR. SLEIGH. Q. Gulliver, I believe, is in the em-ployment of lightermen who are the successors to Messrs. Barry Brothers? A. Yes—it was his duty on this day in question to come into the docks to disembark a cargo—a man named Cole was present during the whole delivery—he is not here to-day.

MR. POLAND. Q. Were you there when the hatches were off the barge? A. Yes.

JAMESCAMPELL EVANS . I am deputy warehouse keeper at the "B" jetty in the Victoria Docks—Lowrie was quay foreman there—I believe he has been in the service of the company—on Saturday, the 30th of June, at eleven o'clock, I was at the "B" jetty—I saw some one push off the barge Lion, but could not say that it was Gulliver—Lowrie was there—I went to speak to him, but before I had time to put a question he said he was preparing sweepings for forty-two pockets of linseed, an order for which he held in his hands—the order was not signed—I then com-municated with the constable Grigg—a short time afterwards I saw the barge Lion alongside—Gulliver was then in charge—I saw taken out of that barge thirty-three bushels of linseed sweepings from the centre—that was worth about 7l. or 8l.—Lowrie ought not to have delivered without having an order properly signed at the office—this order (produced) is not properly signed—it ought to be signed by Messrs. Lang and Merridew, the merchants, and at our office—when a delivery is made to a barge it is Lowrie's duty to see that an entry of it is made in a book—no such entry was made—I have not the book here—the quantity of sweepings usually given with forty pockets of linseed is two bushels—that would be a fair quantity—these forty-two pockets of linseed were afterwards delivered for a proper order, and I have the order with me—that was a portion of the cargo of the Bengallon—these sweepings were taken from a pile off the quay where Lowrie was—I saw that pile on Friday—on Saturday, when I spoke to Lowrie, that pile was gone—I should say there would be about thirty-three bushels in that pile—on Saturday I found some loose bags on a pile of saltpetre—Lowrie ought not to have delivered any pockets or any sweepings on this order.

Cross-examined by MR. TURNER. Q. When you saw Lowrie had he this order in his hand? A. Yes, I saw it; but I did not see then whether it was signed—I am Lowrie's superior officer—the quantity of sweepings given depends upon the condition of the bags—it is a common thing for sweepings to be sold at what is called "rummage" sales, but sweepings sold at such sales are generally very dirty.

Cross-examined by MR. SLEIGH. Q. I believe Gulliver has legal power either to bring a barge into the dock or take it out? A. No, it must be a licensed lighterman—he would assist in the loading.

THOMASGRIGG. I am head constable in the service of the Dock Company, and live at the Victoria Dock—about half-past eleven o'clock on the Saturday morning, the 30th June, I received some information about the barge Lion—Gulliver had the charge of it then—I went on board the barge and told him I was a dock constable, and asked what he had on board the barge—he said, "Nothing more than what I brought into the dock gates"—I then said, "I must see what you have got"—he opened each cabin, fore and aft, and then opened the hatches—there was nothing in the cabins—I went into the hold of the barge, and there found a quantity of jute and several bags of linseed sweepings piled up at one end—I also found a quantity of linseed sweepings in bulk—I asked him how he accounted for those—he said, "I brought them into the dock yesterday"—I said, "They appear to have been recently placed here"—he said, "I took in the jute yesterday at the south side, and as they threw the jute into the barge it scattered the seed, and I have been shovelling it up—I then left Gulliver and went to the "B" jetty, where I saw a labourer named Jones—I had

some conversation with him, and in consequence of that I went to Lowrie, who was in his box near the "B" jetty—I said, "Have you delivered any seed or seed sweepings lately?"—he said, "No"—I said, "Be careful what you say; have you delivered any seed or seed sweepings during the day, or authorised any to be delivered?"—he said, "No, I have neither delivered any seed nor authorised any to be delivered during the day"—I said, "There must be some mistake; come with me and see Jones"—we went to Jones—I said to him, "Jones, have you delivered any seed or seed sweepings from this jetty to-day?"—he said, "Yes, I have"—I said, "How much?"—he said, "I believe it is about three or four quarters"—I said, "By whose authority did you deliver those?"—he said, "By Mr. Lowrie's authority"—I then said to Lowrie, "You hear what Jones says, Mr. Lowrie?"—he said, "Yes, I was not aware that any had been delivered"—I then requested him to go to the superintendent's office—when there the superintendent asked him if any seed had been delivered, and he said, yes; he had delivered it to forward business—he said there had been an order from the lightermen, but it was not correct—Lowrie was then suspended—it is the practice in the docks that no orders are to be passed to a foreman unless they are previously passed by the general office and properly signed—I then saw Gulliver on the "B" jetty, and said, "There is something wrong about this, Gulliver; you had better come with me to the superintendent's office"—he said, in the superintendent's presence, that the seed was delivered to him by Lowrie according to the order that he had in his possession—he was allowed to go away, but was afterwards taken upon a warrant.

Cross-examined by MR. TURNER. Q. Did not Lowrie say that he was very sorry he had been guilty of an irregularity? A. I believe that was said, and that he had done it to forward business—he was not taken into custody until seven days afterwards—I found him at home then.

HENDRY JONES . I am an extra labourer at the "B" jetty, Victoria Docks—on Saturday morning, the 30th June, I was at work on the east side of the jetty—Lowrie came to me and told me to go to the west side and deliver some seed into the barge Lion—the seed was lying on the quay, and was shot out of the bags into the craft—I could see some jute in the barge—Gulliver had charge of the barge—it took us about three-quarters of an hour to deliver the seed.

Cross-examined by MR. TURNER. Q. I suppose you did not hurry your-self about it? A. There was no particular hurry—we went about it in the ordinary way.

JOHN GEORGE GILKS . I am superintendent of the Victoria Docks—Lowrie was quay foreman there—he has been in the service of the Dock Company twenty years—it is his duty to see goods delivered from the quay, and Jones acts, under his orders—this order for forty pockets of linseed and sweepings is not a proper order, and Lowrie ought not to have delivered anything under it—it ought to have been passed and signed in the general office, and it ought also to have been signed by the merchants Lang and Merridew.

Cross-examined by MR. TURNER. Q. I believe Lowrie admitted the fact of the irregularity? A. Yes.

THOMAS Jones (re-examined by MR. POLAND.)—Have you seen Gulliver write? A. Yes; I have seen him sign, "J.Gulliver."

The prisoners received good characters. LOWRIE, GUILTY .— Confined Twelve Months .—GULLIVER, GUILTY .— Confined Nine Months .

KENT CASES.

Before Mr. Recorder.

742. MARY ANN HAYWARD (28) , Feloniously cutting and wounding Joseph Hayward, with intent to do him some grievous bodily harm.

MR. DALY, for the Prosecution, offered no evidence.— NOT GUILTY .

743. JAMES FLEMING (28, artilleryman,) Feloniously endeavouring to carnally know and abuse Louisa Weir, aged eight years. Second Count, For an indecent assault.

MR. LILLEY conducted the Prosecution, and MR. DALY the Defence.

GUILTY on Second Count.— Confined Twelve Months .

744. MARY ANN MCCARTHY (33) , Stealing seven forks, ten spoons, and other articles of James Salmon, in his dwellinghouse.

MR. JENNER conducted the Prosecution.

FREDERICK ANSCOMBE . I am assistant to Mr. Davis, a jeweller, of Woolwich—on the 12th July I bought two spoons and a fork of the prisoner—she gave her name Mrs. Robinson, 23, Artillery Place—she said that they were left to her husband by an officer in his regiment—on the next Saturday she brought these two forks and this spoon, similar to the previous ones—I detained her while I made inquiries at the address she gave, and then handed her to the constable—I have no doubt she is the person.

Prisoner. I never saw him in my life, to my knowledge.

JAMESWILLIAM CROUCH . I am a detective police sergeant of Woolwich Dockyard—on the 15th July I received information of the robbery—I went to the prisoner's house and saw the prisoner at breakfast—I told her I wanted her for stealing a quantity of forks and spoons from the doctor—she said, "I know nothing about it"—I searched her house, and in her box found this tablecloth (produced), and some other articles not mentioned in the indictment.

Prisoner. The tablecloth is my property.

J—FISHER. I am a licensed dealer in plate and jewellery, at 34, Artillery Place, Woolwich—on 18th June the prisoner came in—I was too busy to attend to her, and she waited there about an hour and talked to my wife—I then asked what she wanted, and she offered me a fork and a dessert spoon—she said that her husband was a discharged pensioner employed in the Arsenal—I asked if they were her property—she said yes, and her name was Brown, of 23, Francis Street, that her husband had been living with a gentleman in the Crimea who was hurt in the war, and gave him the silver plate before he died, and, as she was going with her husband to Scotland, she wished to dispose of part of it, also of a chest of drawers and a good carpet—on the 26th June she came, with tears in her eyes, and said that she was sorry to say her husband had broken his leg, and was taken to Guy's Hospital—she brought a teaspoon and fork, which she said she was very sorry to part with, but she could not get any money—I bought them and put my initials on them, as I did on all I bought—on the 7th July she bought two forks, and said, "Mr. Fisher, I am very sorry this is the last of the plate I had left by that gentleman, but my husband is in the hospital. I want to dress my little boy a little better. Have you got a

little coat which would suit him? I will deal with you if you will treat me reasonably." I bought two forks of her.

Prisoner. I have never seen the man in my life.

MATILA MYERS . I am single, and live at 18, Hill Street, Grenwich—on the 18th June I was in Mr. Fisher's shop, when the prisoner came in and sold a spoon—I am sure she is the person.

JOHN RANDALL (Policeman). I was at the Police-court, Woolwich, when the prisoner was brought up for unlawful possession of part of this plate—she was allowed to go, as she gave a straightforward account of herself—she gave the name of Ridley, I believe; it was not McCarthy—she was given in charge by Mr. Anscomb—she made the same statement about her husband having been in the Crimea, and having the plate given to him. I produce the plate.

NATHAN HART . I live at 56, Wellington Place—on the 18th June a woman I believe to be the prisoner brought me a teaspoon for sale—I questioned her—she said that her husband had it given to him by a gentleman, and that her name was McCarthy—I bought it—she asked me to buy a pawn ticket of a teaspoon, but I refused unless I saw the article—she brought me two more spoons, which I bought, and next day one or two forks, which my son refused to buy.

Prisoner. I do not know you.

MARY ROBINSON . I am married, and live at 1, Lorimer Cottages, Woolwich—the prisoner lived in the same house—I saw Crouch come and find the plate.

prisoner. This is my witness, I wish to ask her about the tablecloth.

Witness. I saw it on your bed the Sunday before you were taken—I do not know where you got it.

CAROLINE MILSTEAD . I am in Dr. Salmon's service—I identify all this property, and the tablecloth as well—I can see Dr. Salmon's name on it by holding it up to the light, but it has been nearly taken out.

Prisoner's Defence. I worked at Dr. Salmon's six or seven weeks, and never took the value of a pin's worth—the housemaid ran away without giving any warning—the mistress would not have her back, and then had the plate counted, which had not been counted for twelve months, and there had been different servants in the house during that time—the kitchen was full of strangers all day, and strangers slept in the house unknown to the master or mistress—I went back at six o'clock on Tuesday morning to finish my work, and was taken in custody—I had the tablecloth in pledge nine months—it was made a present to me—the name on it is Simpson.

GUILTY .

She was further charged with having been before convicted at Woolwich, in. August, 1863, to which she PLEADED GUILTY.**— Confined Twelve Months .

745. EDWARD SMITH (24) and CHARLES MITCHELL (43) , Stealing a mare, cart, and a set of harness, and fifteen stone of pork, of Richard Reeves, the master of Smith.

SMITH PLEADED GUILTY .— Confined Eighteen Months .

MR. DALY conducted the Prosecution.

RICHARD REEVES . I am a butcher, of 57, Plumstead Road—Smith was in my employ, and Mitchell was occasionally employed, but not within the last twelve months—on the 3rd July I was called up about half-past three in the morning, and discovered that my horse and cart had been

taken from the stable—some pickling safes had been broken open, and twenty stone of pickled pork had been taken away—it had been safe the night before—I went to London next morning, and found the horse and cart and pork in charge of Matthews, in the Borough—they were worth 35l.

OWEN PETER MATTHEWS . I am a pork butcher, and live at Hare Street, Woolwich—on the morning of the 3rd July I drove the prosecutor and a policeman up to the Elephant and Castle—I left them there and went on to Newgate Market—I got there about seven o'clock—I saw the prosecutor's cart there, backed up against the pavement in the usual way, and the two prisoners, and another one who is not here, standing at the back of the tail-board—I saw some pork, and they were trying to get rid of it—I saw them trying to sell it to some men round the cart—I told a policeman, and he took them into custody.

EUGENE McCARTHY . I live at 9, Samuel Street, Commercial Road, and am a porter in Newgate Market—on Thursday morning, the 3rd July, about four o'clock, I was unloading some meat in Warwick Lane, and saw Smith and another man—they took me to a horse and cart standing near Newgate—Mitchell was standing at the horse's head, with his back turned to me—Smith and the other, in Mitchell's presence, showed me the pork, and asked what is was worth—I told them about 5d. a pound—they said they wanted the money all in a bulk—it was Smith and the other who said that—Mitchell could not hear them—I did not see them again until they were in custody—I saw Mitchell's face, and can identify him—the prosecutor's name was rubbed off the cart, but the words Plumstead Road were left.

GEORGE BLACKMORE . I am a porter of Newgate Market—on the morning of the 3rd July I saw the prisoners at the cart with another man—I drank with them—Smith asked me if I knew any one who would buy the meat—I went and got a man to look at it—he would not buy it—I told them they had better send it into the market to be sold, and it would fetch market price—Smith said, "No; it was not up enough for that"—Mitchell paid for tlie beer.

HENRY GOULD . I am a toll collector, of Charlton Gate—I know Mr. Reeves's horse and cart—I saw it pass through my gate on the morning of the 3rd July at twenty-five minutes past one—two men were in the cart and one standing by—Smith gave the other the money, and he brought it to me—Mitchell was setting in the cart.

WILLIAM JAMES GELLATLY (City Policeman 278). I took the prisoners into custody, in consequence of what Matthews told me—I told them the charge—they said they knew nothing about it.

JAMES MARGETSON (Policeman R 122). I drove the prisoners down to Woolwich—as we were going along I said, "What became of the sideboards?" meaning the sideboards of the cart, which had Mr. Reeves's name on—Mitchell said, "Oh, we threw them away"—I said, "Where did you throw them?"—he said, "We threw them into a field between the tollgate and the 'Antigallican' public-house—I have since made inquiries about them, but have not been able to find them.

MR. REEVES (Re-examined). Mitchell was not in my employment at the same time as Smith, but he was aware that Smith was in my employment, and he knew my cart—my name was painted on the shaft, and on the sideboards, which were made to take on and off.

Mitchell's Defence. I had nothing to do with the robbery—I was never

on Mr. Reeves's premises—I never took anything away, and never received anything. MITCHELL— NOT GUILTY .

746. JANE CONOLLY (25) PLEADED GUILTY to stealing a jacket and one shawl, the property of Mary Agnes Cooper.

Confined Six Months .

Before Robert Malcolm Kerr, Esq.

747. JOHN CAMPS (24) was indicted for embezzlement.

MR. STARLING conducted the Prosecution.

JOHN TURNER . I live at Warringham, and am a labourer—I deal with Mr. Topley at Woolwich—it was my custom to pay my accounts, leaving one week in arrear—on 26th of July last the prisoner came to me and asked for orders—he brought an account for 4l. 6s. 11d.—my wife paid it in my presence in three sovereigns, twenty-four shillings in copper, and the rest in silver—I saw the prisoner sign the receipt produced—at the same time my wife paid him ten shillings—these are the receipts (read).

ANN TAYLOR . I am the wife of William Taylor, and live at No. 33, Sand Street, Woolwich—I deal with Mr. Topley—on 21st June I saw prisoner, and paid him 1l. 3s. 5d.—he signed this receipt—on 19th July I paid him 1l. 2s. 5d., and he signed this receipt.

Prisoner. Q. Do you remember who told you I paid that money to when you spoke to me about it? A. No—I do not remember your saying you had paid it to Mr. Topley, the manager—I remember my husband telling you to put it down in ink, and not in pencil.

WILLIAMTOPLEY. I am a wholesale and retail grocer, and live at Woolwich—the prisoner was in my employment about five months, since March last—I engaged him as light porter to take out goods—I authorised him to receive money when the goods were paid for—his duty was to put down on the way-bill which he has with him the amount which he receives, and hand it over to me or my cashier—Mrs. Taylor deals with me—this is the way-bill for the 22nd June—there is an amount of 10s. 11 1/2d. charged here to Taylor, Sand Street; that is, he took out goods to that amount, according to this way-bill—I believe he has never paid for that—he has never paid it to me—this is a way-bill dated 19th July, in the name of Mrs. Taylor, for 11s. 6d.—he has never accounted to me for that sum—he has never accounted to me for a further sum of 10s. 6d. received from Mrs. Taylor on the same day—these two amounts were for goods bought at the same time—I have not the way-bill for goods supplied to Mr. Turner on 26th of July, 4l. 6s. 11d.—in this case the way-bill has been destroyed—it was the prisoner's duty to return the way-bill when he came in—in this case he paid my young man 1l. 4s. in coppers, on account of Mr. Turner—my young man told me so—I have never received from him the sum of 3l. 2s. 11d. on account of Mr. Turner.

Prisoner. Q. When I made my agreement, did you not say you would allow me to pay part of the money in, and afterwards to pay the remainder? A. I made no such agreement—I believe something of the kind was agreed to when you paid in the coppers—Mr. John Topley is not here—he was my foreman—he was not my cashier—I am unable at this moment to give the date when he left me—he is in Staffordshire.

JOHN LITTLEBURY . I am assistant to Mr. Topley—on 26th July the

prisoner came to me—he came home late on the Thursday evening—he delivered to me some coppers—they were loose in his hand—he said he would settle on the Saturday, that he was unwell and could not come on the Friday—he could scarcely put his foot to the ground, so he said—he looked ill—I locked the money up in the safe—I didn't count it till the next day.

COURT. Q. When was he taken into custody? A. On the Friday week, I think—I am not sure of the date—on the Saturday he did pay me any balance whatever—I am not cashier—if the cashier received the money on the Saturday the prisoner would have the receipt for it—I live on the premises—if any money is brought in after the cashier leaves I lock it up in the safe.

SAMUEL TOPLEY . I am son of the prosecutor—on the Tuesday after the 26th July I saw the prisoner—I said, "Are you going to pay that money of Turner's?"—he said, "Yes, I'll see about it"—I saw him again on the Thursday—he had not paid it between the Tuesday and the Thursday—I asked him about it again—I said, "Are you going to pay it in?"—he said, after a little hesitation, "I want to speak to you privately"—I went with him somewhere out of the way—he said he had used the money when he was in London, and would pay it on Friday, the next day—he asked me to promise not to tell my father—I told him I couldn't promise anything of the kind—I afterwards spoke to my father about it.

Prisoner. Q. Did you not allow me to have it, and not take part of, it, as I wanted you, and let it stand over to Friday night? A. You said that father had omitted to pay you your wages—I said, "I'll pay now now, then, if you like"—he said, "No, let that stand till I settle the account"—that was on Tuesday, not on Thursday—on Tuesday you never said anything about the Friday night at all—I told you then it was a case of embezzle-ment—I called you into the private room and told you I mustn't allow you to leave the room, and you stopped there—you said you could get the money to pay Turner's account at five o'clock—you said if father would let you off when he came home you would pay it at 8s. per week.

JAMES SIMMS MORRIS . I am cashier to Mr. Topley—it is the prisoner's duty to account to me for all sums of money he receives—he paid me part of the sum of 1l. 2s. 5d. on account of Mrs. Taylor, 11s. 6d., on the same day he got it—he has never accounted to me for 1l. 3s. 5d. on account of Mrs. Taylor—I have never received the balance of Mr. Turner's account.

Prisoner. Q. Do you know whether Mr. John Topley was there in June? A. No—I don't remember standing close up by Mr. John Topley on the 20th June when he sent you out with several parcels.

JAMES MARGETSON (Policeman R 122). I received charge of the prisoner—I told him he was charged with embezzling several sums of money, the property of Mr. Topley—he said, "I am very sorry, I hope master will forgive me"—I afterwards went to his house, and in a box in the room where he lodged I found several bill-heads and way-bills, which I produce.

Prisoner. Q. Didn't I offer to you the money when you took me? A. I think you said on the way to the station, "If you will give me time I will pay the money"—I know you said that, but when you said it I can-not be sure.

COURT to J. S. MORRIS. Q. How long have you been cashier? A. Turned fifteen months—I was cashier during the whole of June and July last.

COURT to SAMUEL TOPLEY. Q. His wages had not been paid that week; has that ever occurred before? A. Not that I am aware of—I suppose my father was not there, and therefore it was omitted.

COURT to WILLIAM TOPLEY. Q. When are the wages paid, Friday or Saturday? A. Saturday generally—I think the fact that the wages had not been paid occurred before—occasionally I might be out of the way—it had never occurred before to my knowledge that he had not paid in the whole money that he had received, or paid in a part, and said he would pay in the rest on a future day—my son has lent money to him at various times to get him out of trouble, and he has paid it back at so much a week—my son told me of it always.

COURT to SAMUEL TOPLEY. Q. Have you lent money to the prisoner? A. Yes—I think it has occurred two or three times—that money did not come out of my private money, but out of the business money.

Prisoner's Defence. I paid the money which I received in June to the late manager, Mr. John Topley—I arranged to pay in the balance of Turner's account on the Friday, but my arrest on the Thursday prevented it.

NOT GUILTY .

748. JOHN CAMPS was again indicted for embezzlement.

HANNAH SIMMONS . I am the wife of John Simmons, and live at 54 1/2, St. Mary's Street, Woolwich—on 27th April last I paid prisoner 2s. 11 1/2d.—he signed this receipt—I had previously had goods to the amount from Mr. Topley.

Prisoner. Q. When I came to your house I think I came in the morning, did I not, for orders? A. I think when he brought the goods, but it is so many months ago I can't recollect.

Prisoner. You paid me when I went for orders; when I go for orders I don't take the way-bill, and that is the reason it is not in the way-bill.

ELIZABETH ROBERTSON . I am the wife of Thomas Robertson—on 25th May last I paid the prisoner 2s. 8d.—on the 2nd June I paid him 3s. 0 1/2d.—he signed these receipts—I had previously had goods from Mr. Topley for those amounts.

Prisoner. Q. Did you never send any returns back? A. I have sent one basin, value three halfpence—I don't remember leaving two basins and 2s. 9 1/2d. in cash with my husband.

Prisoner. There was one basin in May, and when I went on Saturday, 2nd June, Mrs. Robertson was not at home, and her husband gave one to me—you will see in those bills two basins allowed for under the head of returns.

JAMES SIMMS MORRIS . I am cashier to the prosecutor—it is the prisoner's duty to account to me for the money he receives—he has not accounted to me on 27th April for 2s. 11 1/2d. received from Mrs. Simmons—he has not accounted to me for 2s. 8d. received from Mrs. Robertson on 25th May—he has not accounted to me for 2s. 9 1/2d. or 3s. 0 1/2d. received from Elizabeth Robertson on 2nd June—he has never accounted to me for either of those sums since those dates.

Prisoner. Q. You are not the only one that took cash at that time? A. No, but the parties who took cash rendered an account to me.

COURT. Q. Who were the others? A. Chapman and Mr. Topley's son—Samuel Chapman is not here—Mr. John Topley took cash—I don't know what he was before he came to Mr. Topley's—I know he lived at Plumstead—I don't know how he served the people at Plumstead.

MR. STARLING. Q. If any one but yourself received the money, was it the prisoner's duty to get their signature to his way-bill? A. Yes; it would be entered then in this book.

WILLLIAM TOPLEY . I have never received from the prisoner the sum of 2s. 11 1/2d. from Mrs. Simmons, or 2s. 8d. or 3s. 0 1/2d. from Mrs. Robertson.

COURT. Q. Did Chapman receive money sometimes, or John Topley? A. I believe he did—John Topley was the foreman—he might have received money while the cashier was away, gone to his dinner, or something of that kind.

SAMUEL TOPLEY . I am the prosecutor's son—I have never received from the prisoner 2s. 11 1/2d. on account of Mrs. Simmons, or 3s. 0 1/2d. or 2s. 8d. on account of Mrs. Robertson—on the day he was given into custody I went out to see the customers—when I came in I called him up, and said there was something wrong with Mrs. Simmons's account; she says she has paid it—he said, "Yes, I have had the money"—I called upon Mrs. Taylor the same morning—in consequence of the discovery of this business, I thought there was something wrong, and that made me do it.

NOT GUILTY .

There was a third indictment against the prisoner, upon which MR. STARLING offered no evidence.

749. JOHN POOLE (54) , Stealing 3l. of Alfred Henry Munyard.

MR. HORRY conducted the Prosecution.

ALFRED HENRY MUNYARD . I am a butcher, living in London Street, Greenwich—on the 10th July, between three and four o'clock, I left some money in a bowl in my countiug-house at the back of the shop, which opens into the street—I afterwards went into the parlour at the back of the shop—while there I saw the prisoner go out of the shop—I saw his back—a lad called my attention to him and picked up 6d. on the floor—I then went to my counting-house—I found 2s. remaining in the bowl—I should think about 3l. was taken out—I cannot say to a few shillings.

GEORGE ROWE . I live at 1, Norton Street, Greenwich—on 10th July, between three and four o'clock, I was near Mr. Munyard's shop—I saw the prisoner come out of the shop—he had a handful of money in his hand—he dropped 6d. on the floor—I went in and told Mr. Munyard.

JOHN RODEN (Policeman R 78). I received charge of the prisoner in London Street on the 10th—I told him he was charged with stealing 3l., the money of Mr. Munyard—he said, "They'll have to prove it; nobody saw me take the money"—I took him to the station-house—I found 3l. 7s. and seven pence in coppers on him—he said nothing about the money—he gave a false address.

Prisoner's Defence. I can't deny that I was in the premises—I went in with the intention to buy a few pounds of meat—just entering the place, I took out two shillings and coppers with the intention to buy a piece of meat—when I got in nobody was in the shop—I saw all were very inferior pieces of beef, and turned, with the intention to go elsewhere to be served differently, putting the money out of my hand—the boy passed me, and saw the coppers and the two shillings in my hand—as for going near any drawer in the butcher's, I never touched nor meddled with it.

GUILTY .— Confined Ten Months .

SURREY CASES.

Before Mr. Justice Keating.

750. MARGARET BAKER (25) was indicted for the wilful murder of a female child, lately before born of her body, and not named. She was also charged, on the coroner's inquisition, with the like offence.

MR. F. S. LEWIS conducted the Prosecuton, and MR. RIBTON the Defence.

GUILTY of endeavouring to conceal the birth.— Confined Two Years .

751. WILLIAM THOMPSON (23) was indicted for and charged on the coroner's inquisition with feloniously killing and slaying Francis Matthews.

MR. COOPER conducted the Prosecution, and MR. MONTAGU WILLIAMS the Defence.

Upon the evidence of the surgeon in this case, the Court was of opinion that there was too slight a case for the jury as to the cause of death.

NOT GUILTY .

752. WILLIAM THOMPSON was again indicted for an assault on the said Francis Matthews, to which he PLEADED GUILTY .— Confined One Month .

Before Robert Malcolm Kerr, Esq.

753. JOHN ALLEN (17) and GEORGE GEAR (17) , Robbery with violence on Colin Reynard.

MR. DALY conducted the Prosecution.

COLIN REYNARD . I am a commercial clerk, and live at 20, King William Street, City—on the 7th August I had been in the "Alfred's Head" public-house, at Newington—when I got home that night I missed my spectacles, a walking-stick, and four pawn tickets—the spectacles were in my waistcoat pocket, and the pawn tickets in my trousers pocket—I noticed at the time my trousers pockets were turned out—I was drunk—I remember being thrown down in the street, I don't know by whom—I remember four parties in the dark—I had some money in my waistcoat pocket that was not taken—I recollect being at the station-house before I went home—I walked home and I walked to the station-house all right.

REUBEN NEWNAM . I live at 6, New Street, New Kent Road—I am a gilder—about twenty minutes to twelve on the night of the 7th August I saw the prisoners and two other men with the prosecutor in the New Kent Road—the other two had got hold of his arm—the prisoners were behind, about a couple of yards—the two men not here knocked the prosecutor down, and picked him up again—they took him round the corner—I ran round the corner and saw the prosecutor come out with his pockets out—the prisoners were then at the time in the road—I was about two yards away from him—I was sitting down along with my mate, talking together, on the other side of the road—the road was not more than two yards wide.

COURT. Q. You say the two men in front knocked him down and picked him up; what did these boys do? A. They were with him—I and my mate were there too—I spoke to a constable—I and my mate saw the prisoners at a tobacconist's, and pointed them out.

NOT GUILTY .

754. WILLIAM SAVILLE (28) , Feloniously wounding Catherine Saville, with intent to murder her.

MR. DALY conducted the Prosecution, and MR. WOOD the Defence.

JOHN BURRIDGE . I live at Miles's Place—I was in the room with the prisoner and his mother the night this happened—I was not in the room at the time—I went out in the yard—I didn't see it done—I didn't know it was done—Mr. Newbury was sitting in the room at the time in a kind of doze—he didn't see anything of what happened—I didn't hear the prisoner say, "It's done, it's done"—if I said before the magistrate, "It's done, it's done," I said what was wrong.

WALTERHAMMOND. I was present at the house in Miles's Place—I heard a cry from the room, and saw Mrs. Saville lying on her side—I saw the prisoner—I heard him say, "I've done it"—I had said nothing to him before he said that—I didn't see any knife or any blood about the prisoner—he was drunk, and so was his mother.

Cross-examined. Q. Did she from her position appear to have fallen from her chair? A. She was lying up against the door—she had fallen off the chair—the prisoner was up at the door—I can't swear whether he said, "I've done it," or "It's done"—I opened the door and he came out—I had heard a female singing about two minutes before—they were all in a state of intoxication.

JOHN NEWBURY . I am a shoemaker, and landlord of 2, Miles's Place—I didn't see anything at the time—I saw the prisoner outside the door after it happened—he didn't say anything to me.

Cross-examined. Q. Like the prisoner, you were drunk? A. I was so—I had been out drinking from twelve o'clock in the day.

ELIZABETH CAROLINE SAVILLE . I am the mother of the prisoner, and live at 2, Miles's Place, Kent Road—I had been drinking very early that morning—I know nothing about any one stabbing me—I am quite well now.

Cross-examined. Q. The prisoner had been very kind to you, and had given you 40l. or 50l.? A. He was very kind to me—He did not give it to me.

MR. DALY here withdrew from the prosecution.

NOT GUILTY .

Before Mr. Recorder.

755. JOSEPH ROWE (57) , Unlawfully conspiring with a man named Turner and obtaining 110l. from Henry Harper Green.

MR. WOOD conducted the Prosecution, and MR. COOPER the Defence.

HENRY HARPER GREEN . I am colonel of the 68th Regiment—on, I think, the 18th June I saw an advertisement in the Times which I answered—on the 19th I went to the address given, King's Head Yard, Borough, and on going into the yard saw the prisoner, and asked him if the

advertisement applied to his horses, and if it was all true, he said, yes, that he had been in charge of them fifteen months, and they were perfectly sound in all respects, that there had never been a day's sickness or anything wrong with them—I had them taken out—Turner then came in, and Rowe said that he was the owner, and would deal with me—the prisoner said that they were perfectly sound, and nothing had ever been wrong with them, that he had them from the breeder, that one had been used as a charger, and that they were perfectly quiet in harness—he asked 120l. for them—I gave him 110l., and said I would come next day and pay him—my brother-in-law, who was with me, said, "I will pay him," and we did so at Glyn and Company's—next morning I went to Mr. Stevens, a veterinary surgeon, who immediately he saw them pronounced them both unsound—the prisoner said that he would punch his ugly mug if he pinched his master's horses about—it took me two hours to get them examined—the prisoner became very excited and most abusive to Mr. Stevens—I asked him where the old man was who was to return the money if I did not like the horses—(he was to warrant them—when I went to the bank I pushed Turner a piece of paper, to write the warranty—the prisoner was not present)—I had made an arrangement for him to meet me at Waterloo Station half an hour before the train started, to get the warranty and have the horses examined; but I went back and told him not to send them to Waterloo, but to have Mr. Turner to meet me next morning—I got to the house about 11.30, and asked the prisoner about Turner—he said that he had gone to Brighton to see a sick child—I asked him if he had got the warranty—he said, no, but it would be all right—I saw at once that I had been done, and went to the police.

Cross-examined. Q. Was it the first time you have been done? A. Well, I have not been very unfortunate—I never got such a stick as this—I have no confidence in my own opinion of horses, and I think my brother-in-law knows still less than myself—I paid Turner the money; at least, my brother-in-law did—Turner was very much better got up than the prisoner, and appeared the master.

MR. WOOD. Q. Were you told the age? A. That was in the advertisement, which they said was true—the horses were said, I think, to be seven years old—I have since sold one of them, it fetched 16l.—I have the other still.

HENRY LOWE STEVENS . I am a veterinary surgeon, of Park Lane—I went, by Colonel Greer's directions, to King's Head Yard, and saw the prisoner—I said that I was come to examine two horses—he said that he did not know anything about it—I said, "Will you pull them out and let me see them?"—he said, "No, I shall not pull out," and was very abusive—we paid a man to bring them out and make them run, and one of them was a roarer—the prisoner said that he could take him out and have him stripped, and he was as sound as any horse in England—this advertisement is not true—they may be quiet in harness, but they must go very heavy—one of them makes such a dreadful noise that the colonel cannot use him—the highest figure I would put them at is 30l. for the two.

Cross-examined. Q. Would these defects be easily seen? A. If any one knew how to find them out—they were lame in the hocks—it is difficult to find a horse six years old that has not something the matter.

JURY. Q. Were they both spavined? A. Yes, the one which was sold was very lame—I am surprised that anybody gave 16l. for it—it is not

possible that they could have been there sixteen months without the prisoner knowing it—it was confirmed disease of the bones.

GARRETT MONRO PEARCE . (Police Sergeant 7 M). I took the prisoner, told him the charge, and gave him the usual caution—he said, "Well, I had none of the money"—I asked him who his employer was—he said, "Mr. Turner"—I asked him how long he had lived with him—he said, "Three days"—I have endeavoured to find Turner, but cannot.

The prisoner received a good character.

GUILTY — Confined Eight Months .

Before Mr. Common Serjeant.

756. HENRY CROSS (42) , Feloniously forging and uttering an order for the payment of 6l. 13s. 8 d.

MR. COLLINS conducted the Prosecution, and MESSRS. LILLEY and LANGFORD the Defence.

ABRAHAM TAPHAELS . I am a furniture dealer, in the London Road, Southwark—about August, 1864, I was recommended to Cross as an attorney—I employed him to collect a debt of 6l. odd due to me from a Mr. Romsey—he collected that, but never paid it over to me—I did not see him from the 14th September until about a month ago, when I gave him in charge—I never gave him authority to sign my name to any document—the signature "A. Raphael" on the back of this cheque (produced) is not my writing.

Cross-examined. Q. Have you always carried on business on the Surrey side of the Thames? A. No—I carried on business in Middlesex twenty-six years—I did not know the prisoner then—it was a pawnbroker's business—I had a licence—before that I had a leaving shop—I did not state at the police-court that I had employed the prisoner to collect several debts—my depositions were read over to me, and I signed them as being correct—I called on Mr. Binns two or three months afterwards—the prisoner did not call upon me in company with one of Mr. Binns's clerks—I never received any letters from him on the subject of this debt—when I called on Mr. Binns I saw his managing clerk, Mr. Hincklin—I did not give him the prisoner's address—I said he was living in different places—I did give him an address—the prisoner did not call upon me after that—from September, 1864, until the day I gave the prisoner into custody I did not give any information to the police—I do not know whether it was at 47 1/2, Lincoln's Inn Fields, I found the prisoner—the constable took him out of an office whilst he was writing—a man of the name of Levite was with me—Mr. Cooper is my attorney in this case—Mr. Levite is Cooper's clerk—Mr. Cooper has not acted as my solicitor before, but Mr. Binns has—Mr. Levite has not offered to conduct this prosecution free of expense—I have paid 7l. altogether to Mr. Cooper—he has not undertaken to repay me that sum—the second time I was before the magistrate I expressed a desire to withdraw from the prosecution, but I heard that the prisoner was going to proceed against me for false imprisonment, so I said I would go on with the case—I did receive an undertaking from him that he would bring no such action—I was offered 12l. to withdraw by the prisoner's attorney, but I told him I would not take 50l.—I have never said that I do not recollect whether or not I gave him authority to sign my name—I was wanted to say that.

JOHN WILLIAM HINCKLIN . I am managing clerk to Mr. Binns, solicitor, of Trinity Street, Southwark—this cheque, which has been produced, I gave to the prisoner on the 14th of September, 1864—it is, "On demand pay Mr. A. Raphael, or order, 6l. 13s. 8d.," and it is crossed—when I gave it there was nothing whatever on the back—it was given to the prisoner on Mr. Raphael's account.

Cross-examined. Q. In this transaction I believe you knew no person but the prisoner? A. No; he gave me the name of the plaintiff and the defendant, and the amount I had to collect—afterwards I saw Mr. Raphael—that would be about six weeks after—he gave me the prisoner's address, and I sent a clerk there—the prisoner came to me—I told him he had better go to Mr. Raphael's, and settle the thing at once—I have seen Raphael on several occasions since, and he told me he had not got his money.

CARL STRUBE . I am manager Mr. Alfred McMicklin, of Newington Butts, tailor—I remember seeing the prisoner in September, 1864—he gave me an order for a pair of trousers and a vest, which came to.1l. 11s. 6d.—he paid me for them by this cheque—it was in the same condition as it is now—my wife gave prisoner the balance.

Cross-examined. Q. Had you had any dealings with the prisoner before? A. Yes, once.

JOHN FLOWER (Policeman 67 F). I took the prisoner into custody on the 13th July—he was in an office in Portsmouth Street, Lincoln's Inn Fields, writing—I told him I should take him into custody for forging an endorsement to a cheque—he said, "Very well, I will go quietly"—on the way to the station he said to Mr. Raphael, "I hope you will be as lenient as you can with me."

Cross-examined. Q. Were you examined before the magistrate? A. I was not—I was not called—Levite and the prosecutor accompanied me.

Witnesses for the Defence.

ROWLANDHORATIO WARD . I a clerk in the employment of Mr. Binns—by the direction of Mr. Hincklin, I went with the prisoner to Mr. Raphael's—he was standing in the middle of the shop, and I said to him, "Mr. Raphael, I am from Mr. Binns; this is Mr. Cross, whom you know, and he has come to explain as to that cheque Mr. Binns gave him"—as well as I recollect, I think Mr. Cross admitted having had the money, and said that he was very sorry he had not paid it, and would do so before long—Raphael said very little, but his last words were, "You mind you let me have the money."

ROBERT MERTON . I keep the "Castle" public-house, in Portugal Street—I heard that Mr. Levite and Mr. Cooper had undertaken to settle this matter for 10l., and I went and saw Raphael—I said to him, "I am told that you want 10l. to settle this matter"—he said, "Well, yes, I will take 10l."—I said, "Very well, I am prepared to pay it"—he said, "You had better ask Mr. Levite," and we went over together in a cab—on the way I asked him if Cross had reason to believe he had authority to sign his name, and he said he would not say, he would not swear he had not—before the magistrate Cross asked Raphael this question, "Now, Mr. Raphael, did you not give me your general authority to sign your name in all matters of business?" and Raphael said, "I won't swear I did not"—I think that question must have been overlooked by the clerk.

JAMES WILLIAM COLE . I am acquainted with Mr. Cooper's office in Lincoln's Inn Fields—I believe Cross has been in his service about eighteen months—Cross is now in the service of Mr. Oliver, about four doors from Cooper's—a man named Levite is in the service of Cooper now—they are both attorneys, but Oliver is a respectable man.

Cross-examined. Q. What are you? A. I am an engineer and surveyor, and live at Battle, in Sussex—when in London I stay occasionally at Mr. Merton's public-house—I am now staying at 5, Great James Street, Bedford Bow.

GUILTY .*— Five Years' Penal Servitude .

ADJOURNED TOMONDAY SEPTEMBER 17TH.