5th April 1858
Reference Numbert18580405-440
VerdictGuilty > unknown

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440. JACOB MONTENY (25) , Stealing 10l., the moneys of Michael Watson, from his person.

MR. ORRIDGE conducted the Prosecution.

JOHN SPITTLE . I am a detective city officer. On 20th March, I was outside the Bank of England, at half past 10 o'clock—I saw a man named Oliver in the hall of the Bank, standing at the counter where gold is paid for notes; I saw him receive ten sovereigns in exchange for two bank notes—I saw the prisoner there in conversation with a brother officer in the passage leading to the hall; he passed, and I followed him, and said, "Do you know the young man you just passed in the passage?" he said, "Yes"—I said, "Do you know what he came to the Bank of England for?" he said, "No"—Itold him that he had come there to change two 5l. Bank of England notes, and asked him whether he knew anything about them, he said that he did not—I returned with him to Haydon and Oliver, and in a few minutes I heard the prisoner say that he had picked the notes up in a shop facing St. Katherine's Docks, between 4 and 5 o'clock on the previous afternoon—Haydonand I then locked the prisoner up with Oliver, charging him with the unlawful possession of the notes which Oliver had tendered at the Bank of England.

MICHAEL HAYDON (City policeman). I was outside the Bank of England on this morning, about 11 o'clock or half past, and saw the prisoner and George Perryman go into the hall—I followed them and saw Oliver tender the notes, and receive ten sovereigns for the two—I can speak to this as one of the notes; I have had it in my possession ever since—the prisoner passed me and Oliver while we were talking in the passage, without, taking any notice of Oliver; he was brought back by Spittle, and I told him what Oliver had told me; he said that it was so, and that he had given the notes to Oliver to get change, having picked them up the previous afternoon in a barber's shop—I asked him why he had given, or directed to be given, a wrong name and address, showing him the address on the back of the notes; he said that that name and address was on both notes when he found them—I asked him if he had made any effort to discover the owner; he said that he had not—he first said that he lived in Gravel Lane, and had a shop facing St. Katherine's Docks, and it was there that he picked up the notes—he was then taken to the station—he also gave his address at a place in Upper East Smithfield, and I understood him to say at first that he picked up the notes there, but it may be a mistake of mine.

Cross-examined by MR. SCOBELL. Q. How did that note what you identify come into your possession? A. I received it from the clerk; I identify it as the one paid to him by Oliver, because it was referred to by the clerk in an observation he made to Oliver at the time.

MR. ORRIDGE. Q. Did you see Oliver with these notes, see the clerk take them, and give him the ten sovereigns? A. Yes.

CHARLES OLIVER . I am a labourer, of No. 55, Lower Chapman Street, St. George's-in-the-East. On Tuesday evening, 23d March, I was coming from the Docks, and saw the prisoner outside his shop, about five minutes to 8 o'clock in the morning—he asked me if I would mind going on an errand for him—I said, "No"—he said, "I want you to go to the Bank to get change for two 5l. notes; I will give you 4s. for going, that will pay you for your day's work; if anybody asks you where they are from, they are from

Mr. Jones"—they were wrapped in paper; I did not look at them—I saw them when I got to the Bank—"Mr. Jones" was written on one; I did not notice the other—he had told me to ask for gold, and I received ten sovereigns in change—I saw the two officers there.

Cross-examined. Q. Do you know the prisoner? A. Yes—about three years ago I was taken into custody—I have been in the habit of going on errands for him, and he has paid me—a man named Perryman came to the shop afterwards—he was taken in custody before the Lord Mayor, after I was discharged—the prisoner keeps a broker's shop—I know one of the notes by the writing on it—I did not notice the other, but I saw the clerk turn it over.

MICHAEL WATSON . I live at the One Crane public house, Glasshouse Street, East Smithfield. I know the prisoner; I went to his shop on Monday,22nd; he was in the shop—I was sober—a young lady came into the shop to get her likeness taken, and afterwards Mr. Slowman, from next door, came in, and asked me if I should like to buy a watch—I said, "Yes," and gave him 5l. for it—I took three 5l. notes out of my pocket, and gave him one; he said that he would rather have gold, and I put them all back into this belt (Round his waist), and gave him gold instead—I sent for some beer; they all tasted it, and so did I—the lady got her likeness taken in the yard, and he asked me if I should like mine taken—I said I did not care about it, but I sat down—I afterwards went into the barber's shop, and said, "I have no objection to take the likeness; I will call to-morrow when it is finished, and pay you for it"—I then had a pint of ale, and that overcame me in some way; I did sot know what I was doing; I was stupified, and the next morning I awoke up, and found myself at my lodgings, and missed my notes and two sovereigns; one note was left—I went back to the shop and inquired, but could not find anybody—I lost my watch and gold chain as well—I had received the notes at No. 67, Lombard Street—I had altogether two or three pints of ale and half a pint of beer in the room—I had called at the barber's shop to pay him a few halfpence I owed him.

Cross-examined. Q. How many people were there in the shop when you went there? A. The young lady, and Perryman, the likeness taker, and the barber—we all had a drop of beer—I cannot tell how I got home; I was stupified—I found out where I was between 8 and 9 o'clock ext morning—my head did not ache—there was 11l. and some odd shillings in my belt next morning—I got the money by drawing out a few shares in the railway—I am a gardener; I worked for Mr. Barber of Kensington—I had some property left me in Scotland, and I sold it three years ago—I am going to America—I had no conversation with the young lady.

ELIAS SLOMAN . I am a tailor and outfitter, of No. 80, Upper East Smithfield, next door to the prisoner, and pay him 1s. a week for the accommodation of using his shop to wash and shave. I went in to wash my hands, and saw the prosecutor there, talking about buying a watch—I said, "I will sell you mine"—he said, "How much?"—I said, "5l. 10s."—he said, "I will give you 5l.," and tendered me a 5l. note—I said, "You are a stranger to me; I had much rather have gold"—he took the note, gave me five sovereigns, and said, "Well, what are you going to stand to drink?"—I said, "Whatever you think proper"—he said, "I will have a glass of ale"—I sent for a pint of ale, and after that wished him "Good afternoon"—I only saw one note—he was perfectly sober when I left him.

JOHN FOSTER . I am a clerk in Glynn's bank. On 22d March, I cashed this cheque for 28l. 17s.—I gave notes in exchange; these produced are two of them—I cannot say Watson is the person I paid.

MICHAEL WATSON re-examined. This is the cheque I presented at Glynn's on the 22nd, and received the three 5l. notes for—I know these to be two of them—on the back of the notes was, "J. Jones, 95, Fleet Street."

MR. SCOBELL. Q. How do you know them? A. By the numbers which I have got in my pocket book—I made the entry on the day I lost them, but not before I lost them.

COURT. Q. Did you present any other cheque except the one that has been named? A. No; I recognize Mr. Foster as the gentleman who paid me—I was in the prisoner's shop once before; on the Friday night before that—I had told the prisoner where I lived on the Friday night.

JOHN SPITTLE re-examined. I know No. 95, Fleet Street; it is the Old Bell Tavern; it is not a barber's shop.

GUILTY of Stealing only.— Confined Twelve Months.

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