7th July 1845
Reference Numbert18450707-1506
VerdictGuilty > with recommendation

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1506. MORRIS BARNARD was indicted for feloniously receiving, on the 2nd of June, 240 pieces of silk, value 2l. 10s.; 30 parasol-sticks, 2s.; 240 pieces of cane, 3s.; and 240 pieces of iron, value 1s. 3d.; the goods of William Evans and another.—2nd Count, stating the goods to be 30 parasol-frames, value 14s.; and 240 pieces of silk, 2l. 10 s.

MR. BODKIN conducted the Prosecution.

WILLIAM ROTHERHAM . I carry on business in Leicester-square, in partnership with Mr. Gar wood. I know the prisoner—I always understood he was a parasol maker—he has a place in, I think, Camomile-street—I have dealt with him two or three times this season, and have dealt with him before for years—I went to his house on Saturday, the 7th of June, and bargained for three dozen parasols, for which I was to pay 27s. per dozen—I brought away one dozen, and the others were to be brought to me on the following Monday—he brought them with him on Monday-*—we disagreed about them—it is usual to pay at the end of the month—I nave always done so with him—I did not pay for them—he wished to be paid directly—I paid him for the dozen I had had, and he took the other two dozen away—an officer came to my shop soon after (about five o'clock that day)—I gave him, I think, eight of the parasols I had bought of the prisoner—four were sold—I had been in the habit of buying parasols of Mr. Hargreaves, of Wood-street—I saw Mr. Hargreaves in the course of that Monday, and showed him the parasols—he made some observation about them, and kept one.

Cross-examined by MR. CLARKSON. Q. I believe the reason you did not take the other two dozen, was because the prisoner said at 27s. a dozen, he could not allow the month's credit? A. Yes, and I did not agree for the discount which I usually had, of 2 1/2 per cent., and he would not give it—I think I gave a fair price—I have known him for twenty years, and done business with him—his character has been unimpeached, as far as I know—he does not deal to the same extent as Evans and Co.—it is customary in the trade to allow a discount—by paying at the end of the month we get 2 1/2 per cent.—I should have been glad to have taken the two dozen if he had agreed to that—the one dozen remained with my stock—I put my mark on them, as I do on everything I buy—I have not bought of Evans and Co. this season—these were so distinct from my general stock, that I was able to point out those which came from the prisoner.

THOMAS GRAVES . I am in the employ of Stagg and Mantle, drapers, at the west-end of the town. On the 9th of June the prisoner brought two dozen parasols to our house—I paid 27s. a dozen for them—I handed them over to the officer the same day—I am sure they were the same—I knew the prisoner before—our people were in the habit of buying of him—I believe he lived at No. 6 or 8, Camomile-street—the officer came to our house about the parasols, I think late in the afternoon, or early in the evening, I should say between five and six o'clock—I did not see the prisoner after he brought the parasols—I heard that he called, but I did not see him.

Cross-examined. Q. How long have you dealt with him? A. From about the middle of May—I gave what I considered a fair price for the goods—we knew nothing to the contrary of his having borne the character of a respectable tradesman.

THOMAS EVANS . I am assistant to Evans and Colley, of Cripple gate-buildings, and am the brother of William Evans—he has one partner—they are parasol and umbrella-makers, and have been established about three years. On Monday, the 9th of June, I saw Mr. Hargreaves—he showed me a parasol, which I recognised as one belonging to our firm—in consequence of what he said I got a policeman, and then went to Mr. Rotherham's, some time that afternoon—Blundell and another officer were with me—I took possession of eight parasols, which were given to me, and which I recognised as belonging to Evans and Co.—these are them—(looking at them)—this is the one I received from Mr. Hargreaves, and these eight I received from Mr. Rotherhara—I afterwards went to Stagg and Mantle's, and received twenty-one parasols there, which are our make, and have our private mark on them—I can swear they have never been sold by us, because this is a class of goods that we never fit up in this sort of way—they are fitted up in a more common way than such parasols of our make are, both the tops and bottoms are—these fittings were never done in our house—that enables me to state they were never sold from our place—the whole of them are given out to women to cover, which is putting the silk on the frames—Mrs. Butler was not employed to cut them out—they were cut out, and sent in dozens for her to give them out—they are cut from large pieces of silk of 100 yards length or more, and tied up in dozens to be given out—an account is kept of them in the books.

Q. Supposing a dozen to be partly cut out, and you get to the end of one piece of silk, do you finish the dozen by beginning another piece? A. Yes—it is not at all probable that there can be more than two patterns in one dozen parasols—it is not likely—there are eight patterns in these thirty parasols—after receiving them, in consequence of what I learnt, we went into the prisoner's neighbourhood, and ascertained that he was not at home—we waited outside, but did not see him that day—we were there next morning, about eight o'clock, and about ten in the morning I stood at the corner of Camomile-street, and saw him and his son coming across Bishopsgate-street—they saw me, and came up to me—his son-in-law addressed me, and said, "Mr. Evans, I want to see you, if you will come with me to Mr. Barnard's house we will explain this matter to your satisfaction"—I went in, and the officer followed me—Mr. Barnard then entered, and explained that Palmer worked for him and for us, and that two dozen of work that she received about three weeks before from us, she had brought to him by mistake, and that the two dozen which she had received from him she had brought to us, and they had been received by us in mistake—I then asked him if she had ever made such a mistake before—he said, "Never before, never, but in this instance of the two dozen," and then, after some hesitation, he said, "She might have done so"—he said he told her of it at the time, and she said, "If this is not your work, I must have taken your work in to the other shop"—I proposed that Palmer should be sent for, and proposed to go with Milligan, the son-in-law, to her, to which he disputed, saying, "I will send for her," or "fetch her," and he left the room—I staid a few minutes, and left in about five minutes after—Milligan

had previously said, "I hope this explanation is to your satisfaction"—I said it was not to mine, and I supposed it was not to the officers'—one of them said "No, I shall take Mr. Barnard into custody"—I did not go to the station—I went in search of Palmer, but could not find her—I went to the station, and found her in custody there—she gave the same account that Barnard and Milligan had, that all she had got to say was that she had brought the wrong work in—when the work comes into our warehouse, every dozen passes through my hands after it goes from the woman who takes the work in from the other women—I never detected any other goods than our own coming into our stock, nor is it possible that a dozen of other goods could come into our stock, or I should bare been sure to have detected it—here are two qualities of goods—the average price would be about 29s. a dozen—they would cost us that to make.

Cross-examined. Q. Which is the silk you can point out which would cost 29s.? A. This one would cost about 30s., and this other about 28s.—the finishing of the parasol would cost about a halfpenny, which would be 6d. a dozen—when brought home they are only without tops and bottoms—there is no other deficiency except the little tassel, which is put in here—the tassels are about 1 1/2d. a dozen—this is a very common sort of silk, aad it is a very low price, 2s. 6d. a piece—this one is the next best—there is about 2s. a dozen difference in the value of these—these we should sell at 2s. 10d., or 34s. a dozen—we sell some parasols at 6d. a dozen—we have all prices, some at 27s., some at 25s.—we can supply any class of parasols—there are private trade marks on these—I have bought goods of the prisoner when I was a buyer in a wholesale house—I have bought umbrellas, I believe never parasols—that was from fifteen to eighteen years ago—my brother is not here—he has not been subpoenaed—he was not before the Magistrate—his partner is here—I know nothing of my own knowledge of the prisoner being the means of detecting a crime about to be committed in our house, by making a communication to my brother—our house only allows by per cent. discount for one month.

MR. CLARKSON. I shall make no objection to the identity of the goods.

JOHN BLUNDELL (City police-constable, No. 4.) I produce the goods.

Cross-examined. Q. I believe you had every facility to examine the prisoner's premises? A. Yes, his stock was small.

CHARLOTTE PALMER (a prisoner.) I went by the name of Palmer in the warehouse, but my real name is Zeal—I had a sister named Eliza, working in the same place—I was called Palmer to distinguish me in the factory—I am twenty years old—I have been employed in making up parasols for Evans and Co.—I took the work home to do it—I live with my mother at 7, South-street, Finsbury-market—I have worked for Evans and Co. between four and five years—I know the prisoner and have worked for him—it is now six weeks ago since I did any parasol making for him—I remember going to the station-house on Tuesday, the 10th of June, to give an account of some parasols—I found Barnard there—I was asked about two dozen parasols, and gave an account about them—I had seen Barnard that morning—he came to me about half-past seven o'clock—I have two rooms—he came up into one of them, and said he had been stopped with some goods, and he said would I say that I made them in a mistake, if I did it would save him—he said the goods were commons, with white tips,

three feet, and that there were two dozen—he said if I would come to him if I said I made them in a mistake, it would save him—I said I did not like to say such a thing, because I did not do such a thing, as to give the work in in a mistake—he said he would go to Mr. Evans and ask him, and make mention of my name, and ask Mr. Evans if he had not got a person of the name of Palmer working for him, and say that was how the fault was, that I had made a mistake and given him the wrong goods—he said, "Do not go out, in case you are sent for"—he asked me for my book—I gave it him, and he looked at it to see whether it was in that date that we had the work, to see whether I had got two dozen down—he said I had better take my book with me, as it was quite right—my sister came in before he went away and came back—my sister's name is Eliza—there was nobody else in the room, but Mr. Barnard's son—he was not there at first, at first it was conversation between me and him alone—my sister came in and he said it all over again to her—she was there when the book was looked at, and he looked at her book as well—after he had looked at her book he said he wished it was in her book, as she would, perhaps, speak better than me—my sister said if it had been in her book she, perhaps, would have spoken instead of me—the prisoner was there the first time nearly an hour—there was no more conversation—he then went away and called again in about half an hour, or it might be a little longer—he rang the bell—I went down to him, and Mr. Milligan, his son-in-law, was with him—he did not come in then—he told me not to go out, in case I was wanted, and he said, "Do not make a mistake about what you were asked"—I afterwards went to the warehouse, and when I came back I heard there had been two gentle-men after me—I was then going out and met a gentleman who told me he was one of Mr. Barnard's friends—in consequence of that I went to the station-house.

Q. This conversation you have told us of, related to two dozen of parasols—what had happened about two dozen parasols that you know of before that? A. The forewoman, Mrs. Butler, gave them out to me to make up for Evans and Co., and I took them to my lodging—I received one dozen of parasols from Mrs. Butler, which were not to make up—I took them to my home—I did not part with them, but my mother did—I was present the first time—that was four or five weeks before the Tuesday that Barnard came to me.

Q. Were you present when any bargain was made about buying any? A. Only the first time.

Q. Were you present any time when any parasols, or the silk and frames of parasols, were taken from your lodging by any body? A. Yes, the first time—a dozen were then taken which had come from Evans and Co.—I had received them from Mrs. Butler, not to make up, but to take them home to sell to Mr. Barnard—two days afterwards another dozen was brought to onr lodging, and after that a few odd ones—I did not at any time see two dozen taken away from our room by any body—I had seen Mr. Barnard at our lodging several times before the Tuesday morning.

Q. Did you at any time see him take away any parasols or the silk for making them? A. He used to take them away with him—I once saw him take away a dozen which had come from Evans and Co.—I had brought them, but not to make up—I never saw any money paid by the prisoner—I do not remember any particular dates—the first dozen that he took

away was on a Saturday, about three weeks before the Tuesday—I did not hear anything about the price at any time, and never saw him pay any money—he has seen my mother when he came, and bought them of her.

Cross-examined. Q. Is your mother's name Zeal? A. Yes, and my father's name was Zeal—he is dead.

Q. How long is it since your mother lived with a man of the name of Cotterell? A. Some time ago—I do not know that she lived with him.

Q. On your oath, do not you know that she and Cotterell lived together as man and wife, and you there? A. I was not there; I was living at home with my father—my mother was away—Cotterell was transported—I have been a servant—I was in a place at Birmingham a year and a half—I have not been married—I have had no children—one of my sisters has had three children—she is not married—Mrs. Butler was examined before the Magistrate—I heard Mr. Wontner state the case to the Magistrate—I have seen nobody on the subject of this prosecution since I have been in gaol—Mr. Evans came in to me just before the Sessions—he came with pen, ink, and paper—he wished me to tell the truth—the governor was there—Mr. Evans wrote down what I said—two men came with him, who worked for him—that was after I was fully committed for trial—the two men that worked for him had come in before, and they said I had better see Mr. Evans—I had not sent for the men, and was not aware of their coming—I was a prisoner committed for trial—Mr. Barnard has been often at our house—he has never been there to complain that I did not deliver the goods he had given me to make—he came to take away the work I had made—that was not because he could not get it from me—Mrs. Butler is not here—she was examined—I did not notice her writing.

MR. BODKIN. Q. You did not send for Mr. Evans? A. No—I had seen my mother—I made no communication to her, I only asked her when I was going up—what first induced me to make this statement was, the two men wished me to tell the truth, to explain how it was—I had teen my mother before that—she had not said anything to me about it.

CHARLOTTE ZEAL . I am the mother of the last witness. I know the prisoner—I saw him at my lodging, at Finsbury, where I lived when this matter happened—my daughter Charlotte lived there with me, no other daughter—I have another daughter—I remember the Tuesday my daughter was taken to the station—the prisoner had been at our lodging, I think, about a month or three weeks before that—that was the last time before the Tuesday—he did not take anything from the lodging that day; but a month previous, when he called at my Charlotte's, and said there had been an exchange of work.

Q. When did he call and say there had been an exchange of work? A. On the Monday—it was the very day she was taken to the station—he was at my house, but I was not at home—it was about half-past eight o'clock he called, but about half-past nine he came again—I saw him then—he said he wanted my Charlotte to come up, as he had been selling parasols which Mr. Evans claimed, and if my Charlotte did not stick to the story about the exchange of work, she certainly would go for fourteen years, and he for seven—it was an exchange of work he said—I had seen him at my lodging about a month previous—it was on the Saturday before Whit-Sunday—that was the last time I saw him there before the Tuesday—he took a dozen parasols from our lodgings on that occasion—they had

been brought there by my daughter Charlotte—I told him, before he took them away, that Mrs. Butler had sent a dozen of work out, and there they stood in the corner, if he thought proper to buy them—I had seen Mrs. Butler on the Friday before, and had some conversation with her about parasols—I told the prisoner what passed—I told him Mrs. Butler had sent a dozen of work, and there they were in the corner, if he liked to buy them—he pulled one out, and said, "I will give you 9s. for the dozen"—I said, "You can do as you think proper"—the money was put down on my table—I put it on the mantelpiece, and it was given to Mrs. Butler—those parasols were unmade—I had not any conversation with him before that about parasols from Evans and Co.—he has not been at my lodging more than twice since Whitsuntide, for me to see him, but he has been there several times, as I have heard—he took one dozen of parasols from my place afterwards—they had been brought by Charlotte—I told him then there was a dozen, if he liked to buy them—he gave 9s. or 10s. for them, I cannot exactly say which.

Q. Were any of those he took away at any time sent to your place tobe made up? A. Yes—two dozen, he fetched them avray one day, I cannot tell when—it was since Whitsuntide certainly—I cannot say whether they were the same kind as those now produced—they were brown silk like these, and finished in all respects, except the top and bottom knobs.

Cross-examined. Q. Are you the same lady that lived with Cotterell the transport? A. I did not live with him at all—I never slept out of my own bed—I did not leave my husband—I lived in the same house with him, and went home to sleep every night—there is no truth in the story that I cohabited with Cotterell.

Q. Will you swear you never had connexion with him? A. I do not know, Sir, my husband is dead—I had not before my husband died—I was there working—I could swear I was not connected with Cotterell in my husband's lifetime—my husband died in the workhouse—I was living at home in Daggett's-court—he had been in the workhouse for about twelve months, when he died—I was living in Daggett's-court all that time—I saw my husband on the Wednesday before he died—I do not know where Cotterell lived—he was not at home—when I worked for him he lived in Cross-keys-court—I went there every afternoon with my own child, James—Cotterell lived in Cross-keys-court before he was transported—I was outside the Court at the time of his trial—I did not come in—I believe he was tried here—I do not know whether I was here every day—I dare say I was—I saw him in Newgate—I cannot tell how often—I took his clean linen in by his mother's orders, and his food—I did not go in every day—I cannot tell how long he was confined—I did not go in twenty times—I went two or three times, when he wanted clean linen or any thing—my daughter Eliza gets her living by needlework—that is as true as that I have not lived with Cotterell—I do not know that she has been a prostitute in the streets—Mr. Evans did not come to tell me to speak the truth—I never saw him at my house to speak to him—I could swear it—he never came near me, and I never saw him at my house—they said he had been there—my daughter Charlotte lived at Birmingham—she never stole parasols—she brought them out by the forewoman's orders—I went to the Mansion-house when my daughter was in charge—I heard Mrs. Butler examined.

Q. Did you say one word about Mrs. Butler giving your daughter the

parasols? A. I was not in the Court till the bail came—the reason my daughter changed her name was that Mrs. Butler wished it.

Q. Was Zeal too well known among the officers? A. No—because Mr. Cotterell was transported in regard of Mr. Evans's warehouse—I suppose Mr. Evans knew he was transported—I never heard that the prisoner had given the information which got Cotterell transported—my daughter Eliza gets her living by her needle and thread.

Q. I asked you whether to your knowledge, and sleeping in your house, she was not walking the streets, and had three b----d children? A. I did not watch after her to see that.

ELIZA ZEAL . I am the daughter of the last witness, and am between twenty-four and twenty-five years old. I live at home with my mother—I remember the Tuesday morning that my sister went to the station—I saw the prisoner that morning at my mother's—I had occasion to go out before breakfast, and when I returned he was sitting on a chair between the two windows—I and my sister were in the room—he had my book and my sister's in his hand—he said to me, "I see you have pot got two dozen of work in your book as your sister has, therefore your sitser must say the work is an exchange, for I am in a great deal of trouble—Mr. Evans came yesterday morning and took the work off the premises which I sold belonging to him, and cleared off the premises, along with the policeman"—he said, "Now Charlotte, you must stick to what I am going to tell you; you must say the work was in exchange; that you had two dozen from me, and two dozen from Mr. Evans, and yoa have "dislocated" the work and given the wrong to each party, and I only wish it was you had got to speak instead of your sister, as she is a very bad one to speak"—he said that to me—I said I would have nothing at all to do with it, and I would know nothing about it—that was all that took place—he said to my sister, "Stick to what I hare told you"—he then went away, leaving me and my sister there—she fell a crying against the fire-place, and said she did not like to do it at all—and he said, "Either you or your sister must, as I am in a very great deal of trouble"—she said nothing to that—he told her to stop at home till he had been to Mr. Evans, but she did not—she went to shop about twenty minutes after he went—I saw Mr. Zacks at the corner of South-street, about half-past ten o'clock the same morning—I went out, and as I returned I found my sister coming out at the door, and Mr. Zacks beckoned her—he is the prisoner's son-in-law—she went to him, and I went with her—I did not see the prisoner after that—I went from Crown-street into Bishopsgate with them, and he put up his hand and said, "Stick to the text that my father said this morning"—we went to Bishopsgate-street, and I then parted with them.

Cross-examined. Q. Did you know Cotterell? A. Yes, by sight, ever since I was quite a child—there was not the least familiarity between us, nor any of my family, that I know of—I had nothing to do with him—my mother ceased to live with my father about two years before he died—she kept him seven years before he died—he died, having been in the workhouse a year—he lived in Sun-square the last part of his life, before he went to the workhouse—my mother was living in the same place—Cotterell was abroad then—my mother and him never lived together as man and wife, that I know of.

Q. Did he keep her? A. He was in the habit of coming backward and forward—I know nothing further—my mother was not in the habit of taking him his meals to Newgate, that I know of—I did not go—I was not at home at the time—no gentleman has been to my house to examine me since my sister has been committed for trial—I have been asked what I had to say—I went to Mr. Wontner's—Mr. Hutchins, one of Mr. Evans's workmen, sent the news that I was to go—he came to me on Monday three weeks—I was outside the Mansion-house, and came inside—I saw Mrs. Butler examined by Mr. Wontner.

MR. BODKIN. Q. When Hutchins came what did he say? A. He said he thought my sister was being brought into trouble where she had no business—in consequence of that I went to the solicitor's office with him.

JURY. Q. Had your sister and mother been in the habit of working for Barnard at the time your sister made parasols for Mr. Evans? A. She made those that were stolen—we had no work of the prisoner's lately—it is a long time since we had any of his work.

JURY to CHARLOTTE PALMER. Q. Did you ever do any work for the prisoner? A. Yes, it is now about five weeks since I last had parasols from him to make—I have been in prison four weeks, and it is about three weeks before that time—I made two or three separate dozens for him—my mother did a little—my sister was not at home.

MR. BODKIN. Q. Did you ever make any parasols for him within the last four or five months, except those you had from Mr. Evans? A. No, I received them from the prisoner—he brought them to me to make.

COURT. Q. Which were the parasols you had to make for Barnard? A. The parasols he bought from Evans—it is about three months or more before this that I had any work for Barnard, when he lived in Bishopsgate-street—I was then in the habit of working for him.

(Jonas Levy, a merchant, in Great Prescot-street, who had known the prisoner from a boy; Ralph Harris, a merchant, who had known him forty years; Charles Williams, a warehouseman, who had known him eighteen or twenty years; and Lewis Isaacs, of Houndsditch, who had known him sixty years, gave him a good character.)

GUILTY . Aged 66.—Recommended to mercy by the Jury on account of his years and his good character.— Confined One Year.

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