Old Bailey Proceedings.
21st July 1736
Reference Number: 17360721

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Old Bailey Proceedings front matter.
21st July 1736
Reference Numberf17360721-1

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THE PROCEEDINGS AT THE Sessions of the Peace, and Oyer and Terminer, FOR THE City of LONDON, AND County of MIDDLESEX, ON

Wednesday the 21 st, and Thursday the 22d of July 1736. in the Tenth Year of His MAJESTY's Reign.

Being the Sixth SESSIONS in the Mayoralty of the Right Honourable Sir JOHN WILLIAMS, Knt. Lord-Mayor of the City of LONDON, in the Year 1736.



Printed for J. ROBERTS, at the Oxford-Arms in Warwick-Lane.


(Price Six Pence.)


BEFORE the Right Honourable Sir JOHN WILLIAMS , Knt. Lord-Mayor of the City of London; the Hon. Mr. Justice Cummins, the Hon. Mr. Justice Lee, Mr. Serj. Urlin, Deputy Recorder of the City of London; and others of His Majesty's Justices of Oyer and Terminer for the City of London, and Justices of Goal Delivery of Newgate, holden for the said City and Country of Middlesex.

London Jury.

James Ashley ,

William Sindery ,

George Fothergill ,

John Frewteril ,

Thomas Howes ,

Samuel Draper ,

John Coombes ,

Simon Bockham ,

William Atkins ,

Abraham Ashley ,

John Stroud ,

John Harrison .

Middlesex Jury.

Thomas Miller ,

Samuel Worral ,

Nathaniel Sympson ,

John Christial ,

William Dormer ,

Edward Grainge ,

Samuel Gower ,

Henry Southall ,

John Mitchel ,

John Mazey ,

Charles Delahay ,

Rich Knightsbridge .

Thomas Rickets.
21st July 1736
Reference Numbert17360721-1

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1. Thomas Rickets , was indicted for privately stealing a silver hilted Sword, value 20s. from the Person of Edmund Baugh , July 9 .

Edmund Baugh . On Friday Night, July 9, about 10 o'Clock, I was going from the Tavern to my Chambers in the Temple; at the middle Temple Gate the Duchess of Marlborough and Mr. Green were sitting in her Chariot. I stop'd to look at her, and in a very few Minutes, I found my Sword was taken from my side. I don't know the Prisoner, nor can I swear he took it; but missing my Sword, I cry'd out - Sword lost - stop Thief; the Mob set out and run beyond Temple-Bar, I run after them, and the Prisoner was taken at the Ship Tavern. I asked him if he had got my Sword, he said no. Sir, says I, have you given it any Body? No, says he. What made you run away then? He said he did not run away. It was pretty late and we could not find a Magistrate; so I charged a Constable with him, and carried him to the Compter. The next Day I carried him before the Lord Mayor. John Smith will give you farther Evidence.

John Smith . I know the Prisoner. I did keep a House at the Ditch-side, and have often been afraid of being robb'd by him.

The Night the Fact was committed, the Dutchess of Marlborough was in her Coach at the middle Temple Gate: I stood by the Prosecutor to see her, and observed the Prisoner draw the Sword from his side, and coulerence Numbert18900623-477VerdictGuilty > pleaded guiltySentenceImprisonment > hard labour

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477. WILLIAM HENRY EVEREST (19) [Pleaded guilty: see original trial image] , to embezzling £5, £2, and £5, entrusted to him while in the public service.— Twelve Months' Hard Labour.

NEW COURT.—Monday, June 23rd, 1890.

Before Mr. Common Serjeant.

23rd June 1890
Reference Numbert18900623-478
VerdictNot Guilty > directed

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478. DAVID BARRIS (28) , Forging and uttering an order for £32 18s., with intent to defraud.

MR. A. GILL Prosecuted, and MR. WILKINSON Defended.

The prisoner had asked to look at the prosecutrix's cheque-book, from which, it was alleged, he abstracted a cheque, and filled it up for £32 18s. He was stated to have presented it at the bank, out payment was refused, and it was returned to him. Notice to produce the cheque had been given to the prisoner, but he did not produce it. MR. WILKINSON contended that there was no case to go to the JURY without the production of the cheque. (Cases referred to: Reg. v. Wilshire, C. C. C. Sessions Papers; Reg. v. Dimsdale, Sessions Paper, vol. 87, p. 229; Reg. v. Hunter, 4 Carrington and Payne, p. 128; and Reg. v. Hall, 12 Cox's Criminal Cases, p. 159.) MR. GILL submitted that as notice to produce had been given to the prisoner, and he had not produced the cheque, secondary evidence might be given. The COMMON SERJEANT, having consulted the RECORDER, considered that, though (See R. v. Hunter, R. v. Hall) it was not absolutely necessary to produce the cheque, no foundation was laid for the admission of secondary evidence, as, in order to admit it, he would have to decide the question of the prisoner's identity, which was a question for the JURY, and he directed a verdict of

NOT GUILTY . (See page 836.)

23rd June 1890
Reference Numbert18900623-479
VerdictGuilty > unknown
SentenceImprisonment > hard labour

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479. ELIZABETH PRESSER (46) , Unlawfully obtaining 3s. from Rebecca Thicking, with intent to defraud. (See page 726.)

MR. A. GILL Prosecuted.

REBECCA THICKING . I am the wife of Henry Thicking, of 159, Cannon Street Road, St. George's—I know the prisoner as a customer—on 11th April she asked me if I would buy a ticket of fourteen yards of black lace and six yards of broché, pledged for 12s. 6d.—she read it to me, as I cannot read—she asked 4s. for it, and I gave her 3s., as she said her husband was in great trouble, and fined 50s., and she wanted to make it up that he might not go to prison—when I took the ticket to the pawnbroker he said, "There is a mistake here; our 12s. tickets are yellow"—I got for the ticket a table-cloth, which was pledged for 1s.—had I known that I should not have bought the ticket—I gave the prisoner in custody on the 22nd.

FREDERICK FINDER . I am assistant to Mr. Wells, a pad have detected him before he had quite drawn it out; but a Man (one of his Gang I suppose) clapp'd me on the Shoulder, and asked me whose Coach that was; I told him whose it was, and before I could turn again, the Prisoner was gone, and the Mob was running after him. He ran thro' the Bar, and was taken at a Chymist's Door, one of the Houses that was burnt down. This was on Friday, July 9. about 10 o'Clock at Night.

Mr. Baugh. I should have told your Lordship, that the Sunday following, I was informed a Person came, while I was at Church, to offer me my Sword again.

Prisoner. Ask Smith, Why he did not tell the Gentleman all this, the Night I was taken?

Mr. Baugh. I did ask, when the Prisoner was taken, if any Body could tell who took my Sword, and Smith only said, he saw the Prisoner run without the Bar; he did not inform me that he saw him take it, 'till next Morning.

Smith. I live by St. George's Church in Southwark, and having so far to go home that Night, I was afraid, if I discovered the whole Matter that Night, that I should be mis-used in my way Home by some of his Gang; this was the Reason I did not tell the Gentleman till next Morning: He laid hold of me at Sir William Billers's Office that Night.

Mr. Baugh. The Prisoner at the Coffee-House under the Office, call'd for a Pint of Beer, said he could pay for it as well as any of us, and spurted good Part of it into Smith's Face and down his Bosom. The Prisoner had nothing material to offer in his Defence, nor any Witnesses, either to the Fact or his Character. Guilty of the Indictment . Death .

Ann Weakley.
21st July 1736
Reference Numbert17360721-2
VerdictGuilty > theft under 1s

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2. Ann Weakley of St. Botolph Aldgate , was indicted for stealing twelve yards of green Ribbon, value 6 s. 6 d. the Goods of Richard Neve . June 24

John Oldsworth . My Master is a Haber-dasher , and the Prisoner used the Shop. We suspected her, and counted the Ribbons over, and set the Number on the Box. On the 24th of June, she came for half a yard of 8 penny Ribbon. I served her, and the Minute she was gone, I missed the Ribbon. My fellow Servant ran after her, and brought her back, we searched her; but found nothing upon her.

John Pottinger . My fellow Servant and I had counted the Ribbons over a little before she came into the Shop; the former Witness served her, and the Minute she was gone, he told me, he missed a piece of Ribbon, green Saxe Gotha; and I am positive it was in the Drawer just before. I pursued her, and took her in the Little Minories Gate way, and brought her back; then we got a Constable and carry'd her before a Justice, and at the Bull Head in Bread street, she said, if my Master would be favourable, she would tell us where the Ribbon was, and according to her Directions, we found it hid behind some Shutters, which stand under that Gate-way. I pushed the Shutters, and the Ribbon fell down.

Richard Hedges confirmed the former Evidence. Guilty. 10 d.

[Transportation. See summary.]

Avis Nutton.
21st July 1736
Reference Numbert17360721-3
VerdictGuilty > theft under 5s
SentenceMiscellaneous > branding

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3. Avis Nutton , was indicted for stealing twelve yards of printed Callicoe Borders for Petticoats, value 10 s. and seven yards of Cambrick, value 3 l. 10 s. the Goods of Thomas Wiseham , out of his Shop , April 5 .

Thomas Wiseham. The Prisoner came to my Shop, on Monday, April 5, between 3 and 4 in the Afternoon. I was full of Customers, so she told me she would stay till I had served the Ladies. After they were gone, she came up to the Compter, and said she wanted some printed Borders and printed Linnen; she bid me a Trifle for what I shewed her, and asked me for a little Beer. As she appeared well dress, I took a glass Mug, and went down my self to draw her some Beer; she met me at the Top of the Cellar stairs, drank the Beer and I asked her if she would have any more she curt'sied and said, if I pleased she would. I went down again, and gave her Beer the second time, which she drank, and then went out of the Shop as fast as she could, without buying any thing, but before she went, she told me if I thought she had robbed me I might search her. I told her she appeared to me to be another sort of a Woman. As soon as she was gone I missed the Borders. They are particular Things which none in England have besides myself D - her says I to my Brother, the Bitch has stollen them; I looked out after her, but she was gone.

On Wednesday she came again, I was not at Home, but my Brother came to fetch me Home. Madam, says I, your humble Servant. You are mistaken Sir says she, I have not been at your Shop before, it was my Sister, we are very much alike. She said she wanted half a yard of Linnen, but she had left the Pattern at Home, and would fetch it. Three of us followed her that we might see where she lived, but we lost her. On the Friday the Week following, she came again for some Borders, and two Women were with her, she bid me a Price, which she said she had given me for the same things before. Then she asked me, what was become of the Borders that hung up when she was there before; Madam, says I, I will make you know you have robbed me of them, and sent for a Constable; she fell on her Knees, and begged me for God's Sake not to prosecute her, if I did, I should ruin an honest Man, who had been her Husband sixteen years. Some of my Borders she had sold to Mrs. Drake of Bow, who shew'd me them, and told me, she bought them of Mrs. Nutton.

The Roll I lost came from the Printer's but the Saturday before; the Cambrick was worth 4 l. 10s. - and this I never found.

William Wiseman 's Evidence was to the same Effect.

Mary Toller . I can only say, the Prisoner called to see me once with two Parcels of printed Linnen; that she said, she did not know what she had got, nor the Price; but that she had got those Things for a Debt; and as she did not know what to do with them herself, she would sell them. I took them to be Robeings of Gowns.

Isabella Kaywood confirmed Toller's Evidence, but could not swear these Goods to be the same that Mr. Wiseman produced.

Ann Drake . I bought these Borders of the Prisoner, and they are the same that the Constable took out of my House. I had six yards in all, at one shilling a yard, which was the Price she said she gave for them.

Thomas Wiseham . These are the same I lost.

Constable. These are the very Things we found at Mrs. Drake's.

Rice Price. I was charged with her when she was taken, she did fall on her Knees, begged he would not prosecute her, and offered to pay what the Things came to.

Sarah Clayton and Sarah Harwood , gave an Account of the Prosecutor's harsh and passionate Behaviour, when the Prisoner was seized, and spoke to her Character.

Several others gave her the Character of an honest reputable Woman. Guilty 4 s. 10 d.

[Branding. See summary.]

Robert Hudson, John Matthews.
21st July 1736
Reference Numbert17360721-4
VerdictNot Guilty

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4, 5. Robert Hudson , and John Matthews , were indicted for stealing 14 Sacks of Meal and Middlings of Wheat , the Goods of Thomas Nichols , July 7 .

The Proof being insufficient, the Jury acquitted them.

PATRICK LYNCH (Policeman H 189). On 22nd April, about 11.45, the prosecutrix spoke to me in Gable Street, and I stopped the prisoner and said, "You will be charged with obtaining 3s. by means of false pretences"—she said, "Don't lock me up; I am very sorry that I told you wrongly" speaking to the prosecutor—on the way to the station she threw away these two pieces of paper. (One of these was a duplicate for drawers, etc., in the name of Ann Smith, and the other a paper on which was written, "Six blocher and fourteen silk," the word "broché" being also spelt "blocher" on the altered duplicate.)

JOSEPH PYSICK . I am a pawnbroker, of Cambridge Road, Bethnal Green—I produce a duplicate for a ring, 7s., pledged on 18th April by Ann Smith—this is the corresponding ticket; the number on each is 1908—it has been altered since it left; no drawers, glasses, or carpets were pawned at the same time; everything has been altered except the date.

ALFRED WALKER . I am a pawnbroker, of 2, Merrell Street, Walworth—I produce a duplicate for a ring pledged for 4s. on 26th February, I cannot say who by—this is the corresponding ticket, which has been altered since.

RICHARD FLETCHER (Police Inspector H). I took the charge at the station—the constable handed me two pawn-tickets, and said the prisoner had dropped them on the way to the station—she said, "I bought that at Johnson's sale," and afterwards she said, "My husband bought them, and let me have them, and he has done wrong, and ought to be punished too if I have done wrong"—I said, "There is an individual not far off"—she said, "He is not my husband; he is a man I am living with."

The prisoner's statement before the Magistrate: "I was unaware they were altered; I give you my word I can neither read or write. They were bought at Messrs. Johnson and Dymonds."

GUILTY Eight Months' Hard Labour from last Session.

OLD COURT.—Tuesday, June 24th 1890.

Before Mr. Recorder.

23rd June 1890
Reference Numbert18900623-480
VerdictGuilty > pleaded guilty
SentenceImprisonment > hard labour

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480. FREDERICK WHITCOMBE (21) PLEADED GUILTY to stealing a spoon and other articles, of John Daniel Viney, in his dwelling-house, and to a conviction of felony at this Court on 27th May, 1889.— Twelve Months' Hard Labour.

23rd June 1890
Reference Numbert18900623-481
VerdictMiscellaneous > no agreement

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481. JAMES HATTERSLEY (60) was indicted for stealing 118 forms of postal orders for 20s. each, the property of the Postmaster General. Second Count, for receiving the same.

MR. GILL and MR. RICHARDS Prosecuted, and MR. BURNIE Defended.

The JURY being unable to agree, were discharged without returning any verdict, and the case was postponed to the next Sessions,

23rd June 1890
Reference Numbert18900623-482
VerdictGuilty > pleaded guilty
Reference Numbert17360721-5

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6. Thomas Mills , was indicted for stealing a black Mare, value 8 l. the Property of William Thatcher , October 28 .

He was a second time indicted for stealing a black Gelding, value 10 l. the Property of James Matthews , Aug. 24 .

He was a third time indicted for stealing a black Gelding, value 8 l the Property of Henry Robertson , June 8 .

He was a fourth time indicted for stealing a black Gelding, value 10l. the Property of Henry Robertson, September 20

He was a fifth time indicted for stealing a black Mare, value 8 l. the Property of John Pope , September 18 .

He was a sixth time indicted for stealing a black Gelding, value 7 l. the Property of Henry Robertson, June 22 .

He was a seventh time indicted for stealing a black Mare, value 12 l. the Property of John Bowles , June 12 .

He was an eighth time indicted for stealing a black Gelding; value 12 l. the Property of John Townsend , June 10 .

First Indictment.

William Thatcher. I lost a black Mare, with grey Hairs in the Flanks, four white Feet, and a large blaze down the Face, from Woolston in Berkshire , 28th of Octob. last: She was taken out of a Common Mead. On the 22d of June 1 found her in the Hands of Francis Wright , a Brewer in Ealing; I swear 'tis the Mare I lost. Mr. Wright bought her of Thomas Haines , and Haines bought her of the Prisoner.

Thomas Haines . I bought this Mare of the Prisoner, about Alhallontide last, and gave him my Note for the Money 8 l. in Grosvenor-street, near Grosvenor square, and I sold her again to Mr. Wright, a Brewer at Ealing, and there the Prosecutor found her. I had her about 4 Months before I sold her.

Francis Wright . I bought the Mare of Thomas Haines , for 8 l. she had 4 white Feet, and the Owner Mr. Thatcher has got her again.

Prisoner. I bought the Mare of Thomas Giles , and Haines was Confederate with me.

Guilty Death

The Court did not try him upon the other Indictment.

Rose Mahon, Joseph Shepperd.
21st July 1736
Reference Numbert17360721-6
VerdictsNot Guilty

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7, 8. Rose Mahon , otherwise Shepperd , and Joseph Shepperd , were indicted, Mahon for stealing a Gold Watch, Seal and Chain, value 20 l. from the Person of Henry Gould ; and Shepperd for receiving the same, knowing them to be stolen , June 28 .

Thomas Boniface . I took the Prisoner Mahon, about 3 o' Clock in the Morning, on Sunday, July 4. in Windmill-street. I carry'd her to the Round house, and thence to Justice De Veil.

Henry Gould . On the 28th of June about 10 at Night, I was coming through Coventry-Court, near the Hay market , and saw Rose Mahon at a Door, and she asked me to walk up Stairs with her.

Mahon. Don't say so my Dear, - don't tell that Lye.

Gould. I was pretty merry, and though I never saw her before, I went up one pair of Stairs, at one Mrs. Maxwell's, and says I, I have got no Money to satisfy you; well, well, says she, no matter for that I was not so much in Liquor as she thought me to be; she thought I suppose, I could not miss my Watch.

We went into a Room where there was a Bed, and she fell immediately to opening the Waistband of my Breeches. I asked her what she meant by that? O says she my Dear, nothing, - I will please you, I'll please you; and she picked the Watch out of my Fob, and run down Stairs as fast as she could. I cried out to the Woman below, who was with her Daughters in the Passage to stop her, for I had lost my Watch, but she got off; and I waited in the

House from that Time 'till Eight the next Morning. Some Time after she was gone, in came Joseph Shepperd , and he pretended to be Mahon's Husband. -

Q. Had you ever been at this House before?

Gould. Yes, my Lord, I had been there once before.

Q. What, is it a Publick House?

Gould. No, 'tis not a Publick House; 'tis a House where they keep such Women.

Q. Is it a Bawdy House?

Gould. Yes, my Lord.

Q. And yet you say you have been there before, don't you?

Gould. Yes, once before.

Q. You knew what the House was, yet you must go there.

Gould. I did. So when Shepperd came in, the Woman of the House told him his Wife had done a fine Thing; she has pick'd this Gentleman's Pocket of a Gold Watch; and, says Shepperd, what Business had he with my Wife, I did not meddle with your Wife, says I, only she has been so good as to run away with my Watch; if you'll let me have it again I'll give you half a Guinea. He said, he would go and see if he could find her, and in a little Time he return'd with a Butcher of St. James's Market, and said, she was not to be found; then they went out again, and returned no more that Night.

Mahon. I beg my Lord he may turn his Face to me. I would ask you on the Vertue of your Oath, whether you did not insist upon going up into my Chamber? Whether, as I was standing at the Door you did not ask me what it was a Clock? Whether I did not tell you, it was Time for you to be at Home, and whether you did not say, my Dear I'll not go Home 'till I've seen your Apartment? I told you, I did not live there; you said I did; why, said you, is not this Rosy? I stepp'd up, and he follow'd me.

Gould. My Lord, she ask'd me to go up Stairs.

Council. I would ask you, Sir, whether you never declared to any one, that you gave her the Watch?

Gould. No. I never gave it her, nor did she ever ask for it, she was not so good as to ask me, she took it without asking I thank God I never was in such a Scrape as this before.

Mahon. I desire he may be asked, if he did not tell me he had no more than 9d in his Pocket, and whether he did not give that to my Maid?

Gould. She took the 9 d. herself.

Mahon. But I gave my Maid your 9 d.

Mary Mitchel . I was in the Kitchen at the Red-Lyon Alehouse, in Coventry Court, and in comes Joseph Sheppard; this was the Night the Watch was lost, and he told us, his Rosy had made a Gold Watch; I ask'd him from who; he said from the King's Messenger, and described him: He said, he had blue Grey Cloaths on, white Spatterdashes, and a Whip in his Hand. The Watch he said was very heavy, and would pawn for 14 Spankers.

Mary Maxwell . That Jo. Sheppard took the Lodging in my House in Coventry Court for him and his Wife, and he never lay out of the House 'till this 28th of June; then Sheppard came in while the Gentleman was in my House, and he said, if his Wife had done such a Thing he would cut her Nose off, and that he would go and see for her; but he went up to his Room, and carried off all the Goods.

Council. Had you any Discourse with Mr Gould that Night?

Maxwell. He sat all Night in my Room, we must say something to be sure. As to the Watch, I have nothing to do with it: he told me, she had run away with it. He came to my House about 9 a Clock.

- Council He says it was 10.

Maxwell. God bless me; - then the Bells don't go right about; it must be but 9, because when he cry'd out upon the Stairs, Watch, Watch, I answer'd, what, Watch call'd at 9 a Clock! I know no more on't. - There's the Man, I never saw him before, I told him, it was pity if he wanted a Woman, he did not go to his Wife.

Sarah Maxwell . The Gentleman came running down Stairs with his Breeches in his Hand, and said his Watch was gone; I went to the Nagg's-Head and fetch'd Sheppard home; when he came in, he set his Elbow thus, and said to Mr. Gould, G - D - you Sir, what Concerns have you with my Wife, - pray what did you give her Sir? He said 15 d at first, but afterwards he owned it was but 9 d. Sheppard threatned to sue him, for having something to do with his Wife, and went out, but returned no more.

Thomas Bonniface . While Mahon was examining before Col. De Viel, some Body brought the Watch; but who it was I cannot tell, this is the Watch.

Gould. This is my Watch I declare.

Mahon. My Lord, be so good as to hear what I said to the Gentleman.

I was standing at my own Door and this Man came by, what's a Clock my Dear says he? I told him I could not tell. What's this Rosy says he? Yes says I, and smiled, my Lord. My Dear says he, I am just come to Town and have but 9 d. else I would have gone up and drunk with you. Well, says I, come up, and make a Present of that to my Maid, so up he came, and the Maid had the 9d. I sent her out, and then - he said my Dear, trust to my Honour, my Generosity. In the Morning, I'll pay you. I said I did not chuse that, I owe my Landlady 10 s. give me something in lieu, and accordingly he gave me the Watch in my Bed-chamber, to pawn for four Guineas: My Lord, when a Gentleman is in Privacy with any of us Ladies of the Town, and has no Money, he don't care it should be known; I was not willing to let my Servant into the Gentleman's Case. As I hope to be saved, I was to have two Guineas for myself; would you be willing, Sir, a Lady should be guilty in that Way, and to make your Case known to a Servant. The Prisoner Sheppard is an innocent Gentleman. Both acquitted .

Robert Folgey.
21st July 1736
Reference Numbert17360721-7
VerdictGuilty > theft under 1s

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9. Robert Folgey , was indicted for stealing a pair of Leather Shoes, value 5s. 6d. the Goods of Richard Stiles , in his Shop . June the 23d . Guilty 10 d.

[Transportation. See summary.]

Eliz. Barnwell.
21st July 1736
Reference Numbert17360721-8
VerdictGuilty > theft under 1s

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10. Eliz. Barnwell SentenceImprisonment > penal servitude

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482. CHARLES HENRY EATON (30) PLEADED GUILTY to three indictments for forging and uttering orders for the payment of money,

also to a conviction of felony at Liverpool in October, 1887.— Seven Years' Penal Servitude.

23rd June 1890
Reference Numbert18900623-483
VerdictGuilty > pleaded guilty
SentenceImprisonment > hard labour

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483. JOSEPH MORLEY (38) [Pleaded guilty: see original trial image] , to forging and uttering a receipt for the payment of £6 1s. 6d.— Four Months' Hard Labour.

23rd June 1890
Reference Numbert18900623-484
VerdictGuilty > pleaded guilty
SentenceImprisonment > hard labour

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484. PAUL VAUGHAN LEMISH (24) [Pleaded guilty: see original trial image] , to stealing six Argentine Six per Cent. 1888 Bonds, and other bonds and share certificates, the property of William Stannard Green.— Eighteen Months' Hard Labour.

NEW COURT.—Tuesday, June 25th, 1890.

Before Mr. Common Serjeant.

23rd June 1890
Reference Numbert18900623-485
VerdictGuilty > pleaded guilty
SentenceImprisonment > hard labour

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485. FREDERICK KEEN (33) PLEADED GUILTY to carnally knowing Ellen Arnsby, aged 15 years.— Eighteen Months' Hard Labour.

23rd June 1890
Reference Numbert18900623-486
VerdictGuilty > pleaded guilty
SentenceImprisonment > hard labour

Related Material   Abraham Hamilton , June 30 . Guilty 10d.

[Transportation. See summary.]

Nicholas Hibbins.
21st July 1736
Reference Numbert17360721-9
VerdictGuilty > lesser offence

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11. Nicholas Hibbins , was indicted for stealing a Cloth great Coat, value 20s. the Goods of Edward Wotlrey Mountague , Esq ; June 29 . Guilty of single Felony .

[Transportation. See summary.]

Dorothy Edwin.
21st July 1736
Reference Numbert17360721-10
VerdictGuilty > lesser offence

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12. Dorothy Edwin , was indicted for stealing a Velvet Cap, two Cambrick Handkerchiefs, a pair of Thread Stockings, and an Apron , the Goods of Jane Canning , July 1 , Guilty, single Felony .

[Transportation. See summary.]

James English.
21st July 1736
Reference Numbert17360721-11
VerdictsNot Guilty; Not Guilty

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13. James English , was indicted for stealing a pair of Shag Breeches, and a Cloth Frock without Sleeves, the Goods of William Seymour , and 4 Pieces of Cloth cut out for a Coat, 4 pieces cut out for a Waistcoat, and other Things, the Goods of George Gordon . Gent . in the House of William Seymour , June 26 .

He was a second Time indicted, for stealing a Cloth Coat, a Woolen Stuff Waistcoat, a silk Waistcoat, a Dimitty Waistcoat and Breeches, a Suit of Sagathy Cloaths, the Goods of Persons unknown. Six Shirts, two pair of Worsted Stockings, six Handkerchiefs, two silk Gowns, two linnen Gowns, and other Things, the Goods of ">

486. WILLIAM BROWN (36) [Pleaded guilty: see original trial image], to three indictments for burglary and stealing spoons, forks, and a coat; also to assaulting David Watling, a constable, in the execution of his duty.— Fifteen Months' Hard Labour. and

23rd June 1890
Reference Numbert18900623-487
VerdictGuilty > pleaded guilty
SentenceImprisonment > hard labour

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487. EDWARD HAMILTON** (59) [Pleaded guilty: see original trial image] , to stealing an overcoat, the property of John Sampson, after a conviction of felony at Bow Street on 19th August, 1889. (The prisoner had been tried twice before at this Court. See vol. 108, p. 786, and vol. 111, p. 421.)— Fifteen Months' Hard Labour.

23rd June 1890
Reference Numbert18900623-488
VerdictNot Guilty > unknown

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488. WALTER TRAVIS DOVE (21) , Unlawfully obtaining by false pretences a pair of boots and a pair of gaiters from Leonidas Nicholas Tierry; also £5 from Daniel Bailey; also £2 and certain articles of clothing from other persons.

MR. FRASER Prosecuted.

JAMES MITCHELL . I am salesman to Leonidas Nicholas Tierry, of 48, Gresham Street, boot and shoe manufacturer—on 11th December the prisoner came and said he wanted a pair of patent leather boots, that he came from Mr. Pannell, of Basinghall Street, a friend of his, who he was staying with—I sold him the boots and a pair of gaiters, and he wanted to sell me the boots he had on and his gaiters for 5s.—he asked if I would take a cheque—I referred him to Mr. Tierry, and he wrote the cheque at the desk. (This was on the Bradford Old Bank, for £l 9s. 9d., signed William Dove)—this is the bill; it is for £1 4s. 9d.; the boots came to £1 1s., and the gaiters to 4s.—he said he had made a mistake and drawn the cheque for 5s. more, and Mr. Tierry gave him the 5s.

LEONIDAS NICHOLAS TIERRY . I am a boot and shoe maker, of 48, Gresham Street—on December 11th the prisoner came in, and Mitchell asked me in his presence to take a cheque in payment—I said I could not, not knowing him—he said, "Mr. Pannell, of Basinghall Street, is a particular friend of mine; I am staying with him," and on the faith of that I took his cheque for £1 9s. 9d., which he drew in my presence, and said, "I have drawn it for 5s. too much"—I gave him the change, and paid the cheque into my bank; it was returned to me marked "Refer to drawer"—he left his own boots, which were in very good condition—I parted with my money because I thought the cheque was good and would be met.

WILLIAM HENRY PANNELL . I am one of the firm of Pannell and Co., of Basinghall Street, chartered accountants—I do not know the prisoner, I never saw him before I saw him at the Police-court.

WILLIAM HARDY KEDD . I am a chartered accountant, one of the firm of Pannell and Co., of Basinghall Street—I saw the prisoner once before he was at the Police-court; he called on, I think, December 11th for an account for mineral waters supplied at Harrogate, for which we had sent an account a few days before to his father, Mr. William Dove, of Harrogate—I had sent the cheque a week before he called, and I told him it had been sent to Harrogate—he expressed surprise that it had not been paid.

Cross-examined by the Prisoner. That is the only transaction we had with you—it was three orders, but only one payment, about £6.

By the COURT. I knew nothing of any authority the prisoner had to use his father's name.

DANIEL BAILEY . I am a butcher, of Tottenham Court Road—on 11th December the prisoner came there arm-in-arm with a friend of mine, who was staying at the Bedford Hotel close by—a conversation took place in my shop, and the prisoner asked him if he could cash him a cheque—he said, "No, I have not sufficient"—the prisoner then asked me if I could cash it—I said I could if it was not too large—he said, "I can make it out for any amount"—we arranged for £5, and he took a cheque-book from his pocket, wrote a cheque, and handed it to me—I said, "This is a country cheque"—he said, "That is all right, I have had £1,000 placed at my bank by their London agents"—on the faith of that statement, and believing the cheque would be met, I handed him £5—I paid the cheque into my bank, and it was returned marked "Refer to drawer"—I did not know his name; I had not seen him before—before the cheque came back he came again on the 14th, and asked me to cash another cheque—this is it (produced)—I did so on the faith of his statement, and the other cheque not then being returned.

THOMAS CROSBY HUTCHINSON . I am assistant to Messrs. Blow, tailors, of 17, Holborn—on December 14th the prisoner came and asked if I could make a dress suit for that evening—I said, "No, but we have some in stock, ready made"—he looked at them and said he must consult his father, and would call later on—he came back between five and six o'clock, and selected goods to the amount of £11 6s., and asked if I would take a cheque for the amount—I consulted the manager, and decided not to let him have the goods till we knew whether the cheque was right—he then gave three references, one of which was to Mr. Pannell, of Basinghall Street, who he said was the family solicitor—he handed me this cheque—I made out the bill; the Inverness cape had to be made; we had not time to look up the references on Saturday night—we paid the cheque into the bank, and it was returned marked "Refer to drawer"—he paid 8s. 6d. on account.

WILLIAM GILMORE . I am manager of the Harrogate branch of the Bradford Bank, Limited—William Dove was a customer of ours, but no funds were standing to his credit on December 11th—I have a copy of his account here, but it is not the prisoner's account—it was paid off in January by Mr. Wm. Dove's guarantor—we allow overdrafts if the bank have a guarantee—on December 5th I received a letter from Mr. Wm. Dove's solicitor about his account, in consequence of which the bank was unable to honour any further cheques on Mr. Dove's account—a cheque, of Mr. Wm. Dove, for £5 had been returned on 18th November, and one for £2 2s. 6d. on 21st November, and on 80th November one

for £5 was returned through an irregularity, it was a crossed cheque—we received this letter: "Gentlemen,—Please to honour cheques on my account, signed by my son, who is managing my business, and I confirm any cheque which he may have signed for me already.—Yours truly, WILLIAM DOVE—William Gilmore, witness."

ROBERT GABB . I am a clerk at Messrs. Lloyds' bank, 72, Lombard Street, agents of the Bradford Old Bank, Limited—£1,000 was-not deposited with our bank in December last on account of William Dove—I have searched the books and found no such account.

FREDERICK DOWNES (City Detective Sergeant). On 24th May I took the prisoner at Swaffham, in Yorkshire, at the house of a police officer of the district—I told him I was a police officer from London, and read the warrant to him—it was for obtaining a pair of boots and gaiters from Mr. Tierry, by means of a fictitious cheque—he said he did not see how it could be a fraud, as he had authority from his father to use his cheques—I saw his father in his presence, who said that he had authority to use the cheques, but not in London.

The prisoner, in his statement before the Magistrate and in his defence, stated that he was not aware that his father was in difficulties, or he would not have given the cheques.


OLD COURT.—Wednesday, June 25th, 1890.

Before the Right Hon. Sir William Grantham.

23rd June 1890
Reference Numbert18900623-489
VerdictsNot Guilty > no evidence; Guilty > pleaded guilty
SentencesNo Punishment > sentence respited

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489. Robert Wilson , in the House of Rebecca Burton , June 26 .

First Indictment.

William Seymour. I am a Taylor ; and the Prisoner was my Journey-man . The Things mentioned in the Indictment, I lost on the 26th of June. I had cut out a Suit for Mr. Gordon, and delivered it to the Prisoner to finish, and went out about some Business, and when I came Home again, English was gone out; I went to look for him, that my Work might be finish'd in Time, but could not find him. I returned Home, and my Wife told me my Man was come to work again. I went up Stairs into my Work Room, and my other Man told me that English had carried out the Cloaths he was about. On Saturday Morning he sent me Word where the Goods were pawn'd: I got a Search-Warrant, and found all the Things at Mr. Yarp's in Hounsditch; and took the Prisoner at Globe-Stairs by Ratcliffe-Cross, and carried him before Justice Priestly, where he owned he took the Things.

Robert Wilson . The Prisoner owned he took the Things when he was before the Justice; he said the Prosecutor ow'd him 20 s. and he pawn'd them to pay himself.

Ebenezer Brown . I went with a Search-Warrant to the House where Wilson said I might find the Prisoner, and there we found a Chest which he and another Man had brought, but they were gone to the other side of the Water: Wilson's Wife was with them, and they were all going to New-England together. We went over the Water and took them; and before the Justice he owned he took the Goods for Money that the Prosecutor owed him, and the Justice committed him.

Prisoner. My Master owed me 20 s. for Wages, and I could not get the Money; I thought it hard as I was going to Boston, to leave so much Money behind me, so I pawn'd these Things and sent him Word next Day where they were. I have not any Witnesses, for I gave all my Money to one Mac - something, a Newgate Solicitor, to manage my Cause, and he is run away with the Money and has done nothing.

Edward Costecan , had employed and entrusted the Prisoner, and took him to be an honest Man. Acquitted .

Second Indictment.

Robert Wilson . The 24th of June I had been out, and when I returned I found Seymour standing at my Door; he told me he was robb'd by these Irish Villains, and bid me see if I had not been robb'd too. I went up Stairs and found my Door fast, but he perswaded me to break it open, (for my Wife had carried away the Key) and we did so, and found the Things all gone, and my Wife too The Things mentioned in the Indictment, were in a Chest, and were brought some Time before, as a Pledge for four Guineas which my Wife had made me lend the Prisoner. We had heard of their Design of running away together to New England, so we went to the New England Coffee-House and got Intelligence where to take them there we found the Chest, but they were gone over the Water: We got a Waterman who said he'd give us leave to crop him if he did not take them; we followed his Advice, and took them, but the Justice let two of them go. He own'd the Chest was in his Custody, but he said he did not take it out of my Room.

Prisoner. That very Day, he had sold his Wife at the George on Tower Hill, for a Pot of Beer, to the Man she ran away with, and I was present. He half starved her, and turned her out of Doors, so we agreed to go to New England, and she took her Cloaths with her, and this Chest of mine that was at their House; for the Man she ran away with, was a Friend of mine. He swore the Robbery against his Wife.

Wilson. I did not. The Lord above knows where my Wife is: I'm sure I don't; she is run away with t'other Irishman. Acquitted .

Elizabeth Smith.
21st July 1736
Reference Numbert17360721-12
VerdictGuilty > theft under 1s

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14. Elizabeth Smith , was indicted for stealing a Cheese, value 2 s. the Goods of Charles Austin , June 21 , in his Shop .

Charles Austin . The Prisoner came to my Shop for a Bit of Bacon; we could not agree, and by some Behaviour of hers I mistrusted she had got something better; I watched her into Hungerford-Market and there I found this Cheese upon her; 'tis mine, and is mark'd, GB x LH.

Def. I did go into this Man's Shop for Bacon, and as I stood by the Counter, says he, Mistress are not you with Child? Yes Sir, says I Why then if you will let me feel your great Belly, I'll give you a Groaning Cheese. I had 3 Children, and going to lye down again, and I thought God would forgive me if I let him, and I let him do it; but after that he required farther Favours, which I would not grant him. Customers coming into the Shop, I went away with my Cheese, and I had got but a little Way before he came after me and charged me with stealing it, when I knew I had not stole it. Guilty 10 d.

[Transportation. See summary.]

John Maxworth.
21st July 1736
Reference Numbert17360721-13
VerdictsGuilty; Guilty > pleaded guilty; Guilty > pleaded guilty

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15. John Maxworth , otherwise Paddy, otherwise Parliament Jack , was indicted for breaking and entering the House of Nathaniel Blackerby , Esq ; about the Hour of 3 in the Night of June 19 , and stealing 2 silver handled Knives, 2 silver handled Forks, one large silver Spoon, 2 Tea Spoons, 2 silk Handkerchiefs and a Cambrick Stock .

Mary Owen . I saw my Master's House fast and secure before I went to Bed, on the 19th of June last; the next Morning we found the House had been robb'd, and we miss'd first two Handkerchiefs and a Stock, and next we miss'd the 2 Tea Spoons, the great Spoon, and the Knives and Forks; the Goods were my Master's. We suspected the Prisoner, for he used to be about in the House unknown to my Master, and was employ'd by the Servants to run of Errands and to clean Knives; he was taken up and carried before Justice Farewell, where he made a Confession, and after it had been read over to him he voluntarily signed it.

Justice Farewell prov'd the Confession, and it was read.

Middlesex. The Examination and Confession of John Maxworth , taken before me Richard Farewell, Esq; one of his Majesties Justices of the Peace for the said County and Liberty of Westminster, this 8th of July, 1736.

Who upon Examination being asked, if he knew of any Plate being stollen from the House o Nathaniel Blackerby , Esq; on Saturday the 19th of June, confesseth and saith, he got on a Shed in Cotton's Ground, adjoining to the Coal. House of Mr. Blackerby on Saturday June the 10th, thence got into the Yard of the said House. Being asked what Part of the House he came into first, and whether the Doors were lock'd, he says, he came first into the Kitchen, which he opened, by turning the Brass Knobb of the Lock, that he took from thence a large silver Spoon, that the Crest was, a Blackmoor's Head, between 2 Lawrel Branches, and in the Parlour he took a Cane with a Pinchbeck's Head. Being asked whether he took 2 Tea Spoons, he says, he unlock'd the Study Door, between the Parlour

and the Drawing Room, and took them from thence; that he took the Knives and Forks out of the Kitchen; being asked what he took cut of the Laundry, he says he took from thence two Handkerchiefs and a Stock, that he delivered them all to Elizabeth Coltman : That the Cane was sold at a Broker's in Rag Fair, for a Shilling: Being ask'd whether he told the said Coltman, where he had taken the said Goods, he says, he told her, from Mr. Blackerby's: Being asked whether he told Coltman of his Intention to commit the Robbery before he did it, he says that he did inform her of his Intention.

Mary Jennings . My Master's House was robbed the 19th of June: In the Morning I went into the Laundry and miss'd two Handkerchiefs. When my Master and Mistress went to Breakfast, I miss'd 2 Tea Spoons. When he was taken up we miss'd the Knives and Forks, and a large Spoon, and a Cane out of the little Parlour. The Prisoner using to go of Errands and clean Knives we suspected him, and before the Justice he owned the Fact, and that he came over the Wall into the Yard. I went up with the Former Witness, (our House-keeper) to Bed that Night, and am sure the Kitchen Door was latch'd. The Study Door I lock'd myself, and left the Key in the Door.

Thomas Davis GEORGE MARTIN (19) was indicted for, and charged on the Coroner's inquisition with, the manslaughter of Susan Rebecca Strad-wick.

MR. CHARLES MATHEWS , for the Prosecution, offered no evidence on this indictment.


There was another indictment against the prisoner, for assaulting the said person and causing her actual bodily harm. To this, by the advice of his counsel.

MR. THOMPSON, he PLEADED GUILTY.— Judgment respited.

23rd June 1890
Reference Numbert18900623-490
VerdictGuilty > pleaded guilty
SentenceImprisonment > hard labour

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490. ROBERT PENIKET (18) PLEADED GUILTY to feloniously wounding Rose Moore, with intent to do her grievous bodily harm.— Twelve Months' Hard Labour.

23rd June 1890
Reference Numbert18900623-491
VerdictNot Guilty > unknown

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491. JAMES OLDFIELD (19) was indicted for, and charged on the Coroner's inquisition with, the manslaughter of Evelyn Maud Davidson.

MR. GREENFIELD Prosecuted, and MR. ELLIOTT Defended.

JESSIE CLACK . I am eleven years old, and live in Fair Lawn Avenue, Acton Green—on Saturday, 24th May, between two and three in the afternoon, I was walking with Maud Davidson in Acton Lane on the path—she was about twelve years old—she started to cross the road, and had got about half-way across when I saw a van coming down the hill—I called to her—she took no notice of my call—I did not hear anybody else call—she went on, and I saw the horse knock her down, and the van go over her—I then heard her scream—the driver of the van did not atop till he got to the bottom of the hill—Mr. Barlow went after him—I went up to the deceased—she did not speak—somebody lifted her up

and carried her home—I did not notice whether the van was going rapidly or not—two other vans had passed before this.

Cross-examined. I called out quite loud; the vans were making rather a noise.

SIDNEY HERBERT BARLOW . I am a broker, and live at Shepherd's Bush—on this afternoon I was going along Acton Lane towards the Green—I heard a noise of carts behind, and looked round and saw two vans coming in the direction of Acton Green—they passed me, and shortly after I heard a similar noise, and saw the little girl standing in the middle of the road and the van about five yards off—the child was knocked down by the near side of the horse, and the two near side wheels went over her—there was a distance of sixty or seventy yards between the second van and this one—it was going at a rapid pace—I shouted out—I did not hear the driver shout—I ran after him, and said, Hallo! Stop! You have run over a child"—he stopped in about sixty yards, and said, "What child?"—he got down, and I sent for a policeman and a doctor.

Cross-examined. The vans made a great noise; they might have drowned my voice—it is rather a narrow part of the road.

EDWARD OSBORN FOUNTAIN , M. D., Gunnersbury. On this Saturday afternoon I was called to see the child; she was then alive and conscious—there was a mark across the upper part of the stomach and the lower part of the chest, which might have been caused by the wheel of a van passing over her—she died in about twenty minutes while I was there—on a post-mortem I found two lacerations of the liver and great effusion of blood, and in one place the intestine was cut in two—those injuries corresponded with the external injury.

RICHARD WILLIAM GALE . I live at Acton—on this afternoon I was in Acton Lane, on the bridge over the railway—I saw a van coming down the hill at a rapid rate, and I saw the child lying in the road—I ran and picked her up, and ran for a doctor.

Cross-examined. I could not say whether the van was loaded—it was about thirty yards from me when I first saw it.

EDITH ALICE BYNG . I am single, and live at Hanwell—on this afternoon I was on Acton Green—I saw a coal van laden with coke coming very quickly down the hill—the prisoner was driving it—I saw the child standing in the road; the horse knocked her down, and the wheels went over her—I heard Mr. Barlow call out to the driver.

Cross-examined. I was close by him—I did not call out—the van was nearly on the child when I first saw it.

DANIEL ARTHUR DAVIDSON . I live at Fairlawn Avenue—I am the brother of the deceased—I was not with her on this afternoon—I was playing cricket on the green—I heard two vans loaded with coke coming down the hill at a great pace, and at the same time I saw my sister and Jessie Clack on the path—I did not see the prisoner's van—I heard a gentleman shout, and afterwards heard that my sister had been run over; I ran and saw her on the ground.

JOHN GIBBS (Policeman J 219). I took the prisoner into custody, and told him the charge—he was perfectly sober—he said, "It was quite an accident; I could not help it."

WILLIAM TURNER (Detective Sergeant T). I saw the prisoner at the station—I cautioned him—he said, "I will tell you how it happened; I was coming down the hill with a ton and a half of coke on it; when I

was under the bridge the deceased ran between my horse's head and another van in front of me; I did not see the van go over her."


23rd June 1890
Reference Numbert18900623-492
VerdictNot Guilty > unknown

Related Material

492. THOMAS WALTON ALLEN was indicted for the manslaughter of John Doherty.

MR. GRIFFITHS Prosecuted, and MR. FILLAN Defended.

JOHN GOUGH , Police Sergeant, produced and proved apian of the locality.

HENRY BEACH . I am a coal porter—on Tuesday evening, 27th May, between six and seven, I was walking along the Kensal Road, and saw the prisoner driving a trolly with two horses; he went by Adela Street about twenty yards, turning to the left—he then turned short to the right into Adela Street—I saw the boy, John Doherty, standing on the kerb, outside the baker's shop, and at the next instant I saw the two right-hand wheels pass over him—I ran up to the trolly and told the prisoner he had run over a child, and he must wait till a policeman came—he said some word, but I could not say what it was—I waited till the policeman came up—I saw the prisoner get off the trolly—I could not say that he was drunk; I was excited at the time, and did not notice.

Cross-examined. He was driving very steadily, about four or five miles an hour, jig-jogging along.

BARBARA YOUNG . My brother is a pawnbroker, in Kensal Road—on Tuesday afternoon, 27th May, I was standing at the door—I saw the prisoner driving a trolly and a pair of horses; I saw the horse knock the child down; I did not notice the trolly until I saw the child fall; he was in the road, about halfway between the kerb and the centre of the road—I did not see the wheels go over the child.

Cross-examined. The child was two or three yar 's Evidence was to the same effect.

Defence. I am a poor young Fellow, But I have been trusted by several People in Westminster-Hall. I have received Money for Mr. Stagg, I have had it in my Custody and have always given it him: I have been employ'd by all the Shopkeepers in Westminster-Hall. But this Matter I did confess before the Justice. Guilty . Death .

He was a second Time indicted for stealing a silver Snuff-Box, value 30 s. a Tortoise-Shell Snuff-Box with silver Rims, value 42 s. and 9 Pair of silver Buckles, value 3 l. the Goods of William Deards .

To this Indictment he pleaded Guilty .

He was a third Time indicted for stealing out of the House of Batty Langley , a Flannel Petticoat, a silk Handkerchief, a linnen Shift, two Linnen Aprons, a Cambrick Handkerchief and other Things, the Goods of Mary Langley .

To this Indictment he also pleaded Guilty .

Francis Miller.
21st July 1736
Reference Numbert17360721-14
VerdictNot Guilty

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16. Francis Miller , was indicted for stealing 13 lb. of Venetian Wool, value 3 l 11 s. 6 d. the Goods of William Highmore , and Edward Barrow , June 18 . Acquitted .

William King.
21st July 1736
Reference Numbert17360721-15
VerdictNot Guilty

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17. William King , was indicted for stealing a Silk Handkerchief from the Person of William Payne , June the 16th . Acquitted .

Robert Corff.
21st July 1736
Reference Numbert17360721-16
VerdictGuilty > theft under 1s

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18. Robert Corff , was indicted for stealing a Linnen Handkerchief , from the Person of Evan Jones , July 16 . Guilty 10 d.

[Transportation. See summary.]

Hannah Cross.
Theft: ELIZABETH CASE . I am the wife of John Case, and live at 6, Adela Street—on 27th May, between six and seven in the evening, I was standing at my door, and saw the prisoner go by with his trolly; in a few minutes he came back—the little boy was at the edge of the kerb; the horse on the right-hand side knocked him under the chin, and he went down under the front wheel—he raised himself a little to get out of the way, and the second wheel passed over him.

Cross-examined. The boy was standing at the very edge of the kerb—I think the horse knocked him down; the boy might have just got off into the road—the van was not going very fast, he was driving steadily.

JAMES JENKINSON KNOX . I am house surgeon at St. Mary's—the deceased boy was brought there on 27th, about ten minutes past even—he was dead—I made a post-mortem examination; the cause of death was fracture of the rlbs from being run over—there was laceration of the lungs; five rlbs were broken on one side and two on the other.

WILLIAM MUNDAY (Policeman). I saw the trolly in Adela Street, and Mr. Beach keeping the prisoner there—I told the prisoner I should take him into custody for being under the influence of drink, and running over a boy—he said, "Never! I know nothing about it"—with a little difficulty he got down; he was under the influence of drink—he was taken to the station—on the way he staggered—I said to him, "This is a serious matter"—he was told to sit down, and within five minutes he was fast asleep.

Cross-examined. I thought from his general appearance that he was under the influence of drink—I had seen him five or six minutes before; I then thought him sober—I was not near enough to see—I told him to go on and drive—I held up my hand and shouted to him, and said, "Take your trolly away."

Re-examined. There were 300 or 400 people in the road in an excited state, owing to a disturbance which had taken place previously—I can say now positively that the prisoner was drunk.

JAMES NEWMAN (Police Inspector). The prisoner was brought to the station charged with being drunk whilst in charge of a trolly and a pair of horses—he was drunk—afterwards information came that the boy was dead—he was then charged with causing the death—he said, "I did not knock a boy down; I know nothing about knocking a boy over."

Cross-examined. It was fifteen minutes past seven when he was first charged, and about nine when he was charged with causing the death.

The prisoner said he was net aware of what had occurred; that it was quite an accident.


23rd June 1890
Reference Numbert18900623-493
VerdictGuilty > with recommendation
SentenceImprisonment; Imprisonment > other institution

Related Material

493. JAMES RUMBALL (12) and JAMES MAHONEY (12) were indicted for an indecent assault upon Alice Cook, under 13.

MR. HUTTON Prosecuted.

GUILTY.—Strongly recommended to mercy by the JURY on account of their youth. One Month's Imprisonment, and Five Years in a Reformatory.

23rd June 1890
Reference Numbert18900623-494
VerdictGuilty > lesser offence
SentenceImprisonment > hard labour

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494. CHARLES CHAMBERLAIN (19) , Feloniously wounding Wilson McMillan, with intent to murder. Second Count, with intent to do grievous bodily harm.

MR. WARBURTON Prosecuted.

JOHN ROBERTS (Policeman T 513). About 12.30 a.m. on 5th May I was in Elthorne Road, turning out of Holloway Road; I heard a police whistle, and went to 23, Nicolay Road, where I saw Police-constable McMillan—he made a complaint, in consequence of which I went to the back of 23, Nicolay Road—I there saw George Chamberlain, the prisoner's younger brother—I afterwards saw the prisoner; he got on the roof of the back kitchen of the house, and began throwing tiles and bricks at us; one of them struck McMillan on the head, knocking him insensible—it went right through his helmet—the prisoner then got Back into the house—some more constables came up—we could not find the prisoner, but about an hour, aftewards I saw him in custody—he was sober—he was very violent—he behaved like a madman—I assisted to take him to the station—it took us about a quarter of an hour to get him there; it was only a distance of about thirty yards.

WILLIAM MCMILLAN (Policeman T 427). About ten minutes past twelve on the morning of 5th May I was on duty in Nicolay Road, and saw the prisoner in company with another man and two females; they were behaving in a disorderly manner, and making use of obscene language—I requested them to desist, and to go away—the prisoner immediately struck me in the chest, exclaiming, "I will take your life before you are twelve months in Holloway"—he drew a knife from his trousers pocket, and tried to stab me in the chest—I put up my left arm

to save my chest, and received a stab in the arm—he was going to make a second stab with the knife when I drew my truncheon—he ran away—I pursued him—he ran into 23, Nicolay Road, and fastened the door—I blew my whistle, and two constables, Roberts and Miles, came up—we were endeavouring to break open the door when the prisoner appeared on the roof of the back kitchen, and he commenced throwing bricks and tiles down at us—one of the bricks struck me on the head and cut my helmet through, and rendered me insensible—I was assisted to the station.

ERNEST MILES (Policeman Y 255). I heard a whistle, and went to Nicolay Road—I there saw McMillan lying against the railings bleeding—I saw the prisoner on the roof, throwing tiles and bricks—one struck McMillan on the head, and he fell insensible.

WILLIAM BUCKLE (Policeman Y 454). About quarter-past one on the morning of the 5th I found the prisoner concealed in the washhouse at the rear of 120, Nicolay Road—I told him I should take him into custody for stabbing the constable—he became very violent and said, "If had any knife I would serve you the same as I did the other b—"—we both fell down—I took him to the station—he used very bad language, and said he would kill every policeman that there was at Upper Holloway when he came out.

HENRY PENNY (Policeman Y 509). I saw the prisoner struggling with Buckle, kicking and plunging very violently—I caught him by the leg—he said, "If I had a knife I would serve you the same as the other b—"—we had to turn him on his back, and drag him over a wall to take him to the station; he kicked me, but he had no boots on.

ALFRED NORTON (Police Inspector Y). The prisoner was brought to the station—he was more like a savage than a man—he used very bad language, and said he would kill every policeman in Holloway, especially myself, if he came out again—this knife was handed to me—I produce McMillan's helmet and the jacket, showing the stab in the arm.

PATRICK WHITE RATTRAY . I am divisional surgeon of police, 9, Pemberton Road—on 5th May, about a quarter-past four a.m., I saw McMillan at the station—he had sustained two injuries, a star-shaped wound on the top of the head, exactly where the bruise on the helmet met the scalp, and some hair and blood was adhering to the inside of the helmet; the wound extended through all the tissues, down to the covering of the skull-cap—there were three wounds, each about a quarter of an inch long; he was bleeding freely—the other wound was a puncture at the upper end of the left forearm—the knife produced might nave caused such a wound—he was very bad at the Police-court; he is not fit for active service now—he is still under my care—it is impossible to tell the effects of such an injury to the head—from the nature of it I come to conclude that he has had a fracture of the skull, but I cannot be absolutely certain—he was suffering from great pain, giddiness and sickness, and general exhaustion—both wounds were dangerous; the head injury was the most severe.

Prisoner's Defence: "About quarter-past eleven I was standing at the corner of the street talking to a young man and woman. McMillan came up and told me to go away; I walked down the street to go home, and he rushed after me and put his knee in my back. I asked what he did that for, and he drew his staff and struck me in the chest; he blew his

19 Hannah Cross , was indicted for stealing twenty yards of printed Linnen, value 30 s. the Goods of GERARD Johnson and Nathaniel Bernardiston , in their Shop , July 2 . Guilty 4 s. 10 d.

[Transportation. See summary.]

Lydia Wright.
21st July 1736
Reference Numbert17360721-18
VerdictGuilty > theft under 40s

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20. Lydia Wright , was indicted for stealing a Cloth Coat and Waistcoat, value 40 s. a Hat, value 15 s. a white worked Waistcoat, value 8 s. and other Things, the Goods of Joseph Twinbrough , in his House , July 9 .

The Prisoner went unseen into the House, while the Prosecutor's Wife was talking next Door to a Neighbour, and brought out the Goods in her Apron: She was seen by an opposite Neighbour, was pursu'd and taken with the Goods upon her. Guilty 39 s.

[Transportation. See summary.]

Constance James.
21st July 1736
Reference Numbert17360721-19
VerdictNot Guilty

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21. Constance James , was indicted for privately stealing four Shillings in Moneys number'd, and a Dutch half Crown, value 2s. 3d. the Property of William Vennimore , from his Person , July 8 .

William Vennimore. On the 8th of this Instant, I was going to Fleet-street, and turn'd down Water-lane to make Water; as I stood against the Wall, the Prisoner came behind me, and with one Hand she took hold of - and the other she thrust into my Breeches Pocket and took my Money. I had 4s. and a Dutch halt Crown when I was in Cheapside, and I came directly from thence, no one had been near me but the Prisoner, and I was as sober as I am now. I seized her directly, and never released her, till I had charged the Watch with her, but I never thought of searching her.

Defence. I was talking to another Woman in the Street, and this Man came up to me, and said a Woman in a black Gown had robbed him. and says he, I don't see no other in black, therefore I will take Care of you. Whereof I took hold of his Arm, and went with him to the Constable, and turn'd my Pockets inside out; whereof he said, he would lay me a Full-pot I had the Money. I would have strip'd myself, but he was resolved to send me to Goal. Acquitted .

Elenor Seaton.
21st July 1a>Click to see original

whistle, and I ran home and got on the roof, and seeing a lot of them below I threw a bit of tile. I went into the back yard, and they came and took me by the legs and threw me over the wall. One of them said, 'Give it to the bastard; we shall not have another chance,' and he said he would break my b—neck. My mouth was full of blood. I am very sorry I was drunk at the time; I never troubled them, and I don't know what cause they have; I am always at work."

GUILTY on Second Count— Twelve Months' Hard Labour.

23rd June 1890
Reference Numbert18900623-495
VerdictNot Guilty > unknown

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495. WILLIAM LEON (36) was indicted for a rape on Isabella Malpas.

MR. BODKIN Prosecuted, and MR. WARBURTON Defended.


NEW COURT.—Wednesday, June 25th, 1890.

Before Mr. Recorder.

23rd June 1890
Reference Numbert18900623-496
VerdictNot Guilty > no evidence

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496. WILLIAM OLIVER, alias THE MARQUIS DE LEUVILLE , Conspiring with William Cronin and others to wreck the performance of a play called The Gold Craze, and to injure John Henry Barnes, in his profession as an actor. Mr. COCK, Q. C., appeared for the prosecution, and Mr. GEOGHEGAN for the defence. The witnesses did not appear.


23rd June 1890
Reference Numbert18900623-497
VerdictGuilty > unknown
SentenceImprisonment > penal servitude

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497. HENRY RITSON (61) , Forging and uttering an order for the payment of £98 15s., with intent to defraud.

MESSRS. BESLEY and GILL Prosecuted.

ARTHUR JOHN SIDNEY MERLEY . I am a cashier in the bank of Williams and Co., of Hurnston—we have a customer named Kingman—on 18th May this bill of exchange was presented to me for £98 15s., and Mr. Kingman's name appeared as the acceptor—I paid it with nineteen of our own £5 notes; the top one was 6689—the bill has on it the name of Putcher and Son—I made some inquiry about it, and the same day I communicated with Williams, Deacon and Co., our London agents—the person presenting the bill wrote on it "James Gordon, Devizes Villa, Salisbury."

Cross-examined by the Prisoner. I consulted the manager—it is rather unusual to have a cheque endorsed which is already endorsed; but we do it where we do not know the customer, and we did not in this case; it was written in my presence, at my request—the manager did not see him; the junior clerk did.

By the COURT. This was May 13th, and on May 15th I went to identify the person, and I saw a group, and the prisoner was among them, but I did not recognise him.

EDGAR WILLIAM KINGMAN . I live at Ledlynch, Dorsetshire, and have an account at R. Williams' bank—on 29th April I received a letter with the post-mark of 28th April; I sent a reply, but do not know whether I put my name to it or sent it on a memorandum—the signature to this bill, E. W. Kingman, is not mine, neither is the acceptance, but it is like mine—I never had any business transactions with R. Putcher and Son, I know no such people—I carried on business as a builder between July, 1874, and June, 1876—I received these letters

from Cuthbert Ritson, of Highbridge, Somerset, in the course of my business—I ceased to be a builder last Michaelmas—I ceased to buy timber of Cuthbert Ritson ten or fifteen years ago, there have been no transactions since 1876—I never saw the prisoner that I know of before he was in custody.

HENRY CHAPMAN SALMON . I am a cashier at Stuckey's Bank, Bridgewater—I am here because I am bound over; I am not desirous of giving evidence—I have known the prisoner and his family some years—I have received letters from him, and know his writing—I believe this bill to be his writing, and believe the endorsement, "James Gordon," to be in the same writing, and the R. Stutcher and Son also—this letter and envelope I also believe to be the prisoner's writing. (This was dated April 26th, 1890, addressed to Mr. Kingman, inquiring the character of a servant.)

Cross-examined. The letters I produced at the Mansion House were dated about eighteen months ago—prior to receiving them I had not seen any of your writing for seven or eight years—I compared this correspondence with the letters I had—I speak from the general character of the writing—I always found you honest and honourable.

Re-examined. I know nothing of his position in 1889 in reference to mr. Jewell or Mr. Spooner—I have had no communication with him since 1879 or 1880—these are begging letters in 1888—I know nothing about his conduct in 1889; I made no inquiry.

FLORENCE BUCK . I am single, and assist a tobacconist at 4, Newington Causeway—we receive letters for a charge of 1d.—to the best of my belief the prisoner came there for a letter addressed to James Parsons—he came once to mo and once to Mrs. Kirby, who gave up the letter.

Cross-examined. This was in the first or second week in May, to the best of my belief—it was a week or a fortnight before I went to the Mansion House—I only saw you once—I saw the letter in our place—I do not know that Mrs. Kirby gave it to you.

WALTER PACEY . I am a clerk in the country department of Williams, Deacon and Co., Birchin Lane—on 14th May the prisoner came in, a few minutes after ten o'clock, and presented eighteen £5 notes of Williams and Co., out of nineteen about which we had received information—I found they were all there except No. 6689—I asked him from whom he received them—he said, "From the country"—I said, "From whom?"—he said, "I don't know why I should say"—I asked his name and address, and he wrote on a piece of paper, "John Walker, 37, Angel Road, Brixton"—I said, "What have you done with the other note?"—that seemed to startle him, and he said, "I don't know anything about any other note"—I went with the eighteen notes to the manager, and was away about a minute and a half—I received a communication and came back, and the prisoner was gone.

Cross-examined. When you handed me the notes you said something about their being payable there—I looked at them and compared them with the list; I turned round to a clerk and said, "Here are the notes that are stopped"—that was after I asked you where you received them—when I said, "Here are eighteen notes, what have you done with the other?" you did not reply, "You have all the notes I had sent me"—when I left to see the manager I gave instructions to a clerk that you were not to be allowed to leave the bank.

Re-examined. When he was brought back the manager asked him, "From whom did you receive these notes?"—he said, "I shall not tell you," or something of that sort.

EDWIN WHITE (City Policeman 728). On 14th May, about 10.10, the prisoner was pointed out to me walking at a sharp pace down Grace church Street towards London Bridge—I took hold of him before I spoke to him—he said, "You need not hold me, I could have got away before if I had liked"—I took him to Williams, Deacon's Bank, and the manager said, "Where did you get these notes from?"—he said, "I received them from the country, but if there is anything wrong I decline to say anything more"—he was asked if he had another note; he said, "No"—I took him to Seething Lane Station, and he was charged—he said, "I suppose I shall have to give my right name?"—I said, "Yes"—he gave the name of Henry Ritson, Sherwood Road, Epsom—I found another note in his breast pocket, No. 6689.

Cross-examined. Two gentlemen called my attention to you; they were not there when I took you; you were eighteen or twenty yards in front' of them; they came up afterwards.

ROBERT CHILD (City Detective Sergeant). On 21st May I read the charge to the prisoner, "Forging and uttering a bill of exchange"—he said, "Very good"—he gave me a piece of paper with the address, "John Walker, Angel Road, Brixton"—the name was not known there.

The Prisoner, in his defence, stated that he was not the person who presented the bill and wrote the endorsement; that he received the notes from the country, and when he presented them he found he had been made a dupe.

GUILTY **— Five Years' Penal Servitude.

23rd June 1890
Reference Numbert18900623-498
VerdictGuilty > lesser offence
SentenceImprisonment > hard labour

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498. JOHN THOMAS (19) Feloniously wounding Charles Isaacs, with intent to do him grievous bodily harm.

MR. RAVEN Prosecuted, and MR. SANDYS Defended.

CHARLES ISAACS . I am a carman, of 11, Seymour Row, Euston Square—on the night of April 12th I was at the corner of Drummond Street with my brother Sidney, and saw a fight between Patterson and King—I cried out, "Halloa!" and was struck by a strange man—I turned round to see who it was, and the prisoner's father struck me, and I struck back, and the prisoner and his father and a tall man set upon me—I was knocked down twice, and the second time I could not get up—I was picked up by Mr. Dee, put into the arms of Bird, and taken to the hospital, where I was three weeks, being stabbed in my right chest and left shoulder—I lost a great deal of blood, and lost nearly two stone in weight in the hospital.

Cross-examined. I was knocked down with their fists—they all three closed with me—I do not know who stabbed me.

SIDNEY ISAACS . I am a coal porter, of 19, Pancras Street—on 12th April, at 12.30, I was with my brother in Drummond Street, and saw a crowd—my brother said, "Halloa, halloa!" and was struck by a fair man—four or five assembled round him, and the prisoner said, "I will show you how to stop them bleeding Jews," and he came with an open knife like a dagger at my chest—I caught it between my fingers—he ran away, and I ran after him, and was knocked down by a tall dark man; and before I could recover myself I heard a cry that my brother was

stabbed—I got up, went to his assistance, and was knocked down by a short man—I felt something coming into my boot, and became insensible—when I recovered I found Mr. Drew pulling me from the gutter, and Mrs. Thomas biting the calf of my left leg—I saw the knife in the prisoner's hand about five minutes before my brother was stabbed—my fingers were out, and there was a wound on my shoulder-blade.

Cross-examined. The knife went between my fingers, and cut them both—there was a regular row, thirty or forty of them—I was not in it—I cannot find any reason for his stabbing me, there was no animosity between us—he was not a stranger to me, but I have never been in his company—his father and mother were there—I have had two or three words with them, but never had a row with his father—his father was knocked down, and his mother was on top of me, biting my calf.

CHARLES PATTERSON . I am a coal porter—I was in Seymour Street about 12.30 p.m., and saw a crowd; I went up and saw the prisoner and his father and mother, and the two Isaacs—the prisoner said to Isaacs, "You are too big for me, I will use something else"—at that time my cousin, Charles Patterson, was fighting a fellow named King—when the prisoner said that, he pulled a knife out of his trousers pocket, opened it, and stabbed Charles Isaacs in the right breast—he fell, and the prisoner on top of him, and got up with the knife still in his hand, and I saw blood on it—he went away, and then Isaacs got up and was taken away and put into the hands of Charles Bird and taken home, and then to the hospital.

Cross-examined. I live in that neighbourhood; they do fight there—the prisoner's father was fighting with Charles Isaacs; he is about the same size as the prisoner—I did not see the prisoner there, he came from behind—he was not struggling with Charles Isaacs, but his brother was.

JOSEPH ROGERS . I live at 31, Seymour Street—I was there on this night at a little after twelve o'clock—Patterson and King were fighting, and there was a crowd—Mr. Thomas, the prisoner's father, had a fight with Charles Isaacs, and the prisoner stabbed Charles Isaacs twice on his left shoulder and chest—I saw the blade of the knife glitter in his hand—Isaacs fell—I first saw the knife when he was stabbed in his shoulder.

Cross-examined. I saw him take the knife out of his trousers pocket—Charles Isaacs was also fighting with some tall fellow—the prisoner's father got very much the worst of it from Charles Isaacs—I saw more than half of the row—someone, not the prisoner's father, hit Charley Isaacs on the nose, and then he attacked the prisoner's father.


Reference Numbert17360721-20

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22. Elenor Seaton , was indicted for stealing one Cambrick Suit of Head-clothes laced, value 8 s. a Holland Smock, value 6 s. the Goods of Mary Mitchell , June 14 . Guilty , Felony.

[Transportation. See summary.]

Ann Buzel.
21st July 1736
Reference Numbert17360721-21
VerdictGuilty > theft under 40s

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23. Ann Buzel , was indicted for stealing a silver Spoon, value 5 s. the Goods of John Holmes ; and a Calimanco Petticoat, the Goods

of Elizabeth Howard ; and two Gowns and two Aprons and other Things, the Goods of Mary Pain , July 12 . Guilty, 39 s.

[Transportation. See summary.]

Mary Howes.
21st July 1736
Reference Numbert17360721-22
VerdictNot Guilty

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24. Mary Howes , was indicted for stealing eighteen Guineas, the Money of Edward Berry , in his House , June 15.

Edward Berry. I had taken 100 l. and clapped it down in a great Chair in the Chamber, about the 10th or 11th of June I think it was. I thought my Wife would have look'd it up, but she forgot it. Some Time after, the Monday after (I believe) she said she did not remember she had lock'd up the 100 l. up Stairs we went, and saw the Bag in the Chair, but there was seven Guineas taken out. We had heard where the Prisoner had been merry-making, and where she had spent a great deal of Money; so my Wife challenged her with taking these Guineas; she told us several different Stories, and we concluded to take her up. At first she denied the Fact, then she confest she took six Guineas, but would not tell what became of the other. She owned at another Time, that my Wife was going to pay a Chapman, and her Hands being grease, while she went into the Yard to wash them, she took ten Guineas, and two Guineas out of a Closet, while the Bed was making. I asked her, if none of her Acquaintance had been in my House, she said yes; and that they had tried by a pick Lock Key to open my Drawers; but it not doing, if she had not been found out, she was to have had a whole Bunch the next Day, and then they should have taken all they found.

The Constable. Her Mistress said she would not hurt her if she would confess, and she owned in my Hearing she took six Guineas.

Defence. I am innocent; my Master and Mistress said they would not hurt me, JOHN MARSHALL . I live at 7, Brandon Place—I was in Seymour Street after the row, and saw the prisoner under a lamp against a coffee-shop closing a knife, he placed it in his pocket, and his mother was biting Sidney Isaac's leg—he picked her up and ran away.

Cross-examined. She was not hurt—I saw Charles Isaacs taken away in a cab—the prisoner did not walk quietly away with his mother, he could not get her up, as she would not leave go of the leg, and he went away—the row went on after he left.

CHARLES DEWAR . I am house-surgeon at University College Hospital—on 29th April Charles Isaacs was brought in early in the morning with a punctured wound on the right side of his chest, an inch and a half outside the nipple, and a similar wound over his left shoulder—there was a

lot of blood on his shirt, and he bled a lot as he was lying on the couch—the wound on his chest was a serious one; it penetrated the lung; he was in the hospital three weeks, suffering a great deal from the shock—he has recovered now—Sidney Isaacs was brought in the same night with two punctured wounds, one on each shoulder, and two cuts on his left hand, as if the knife had passed between; one might have been done by a thrust, and the other by the withdrawal—the wounds on his shoulders were done from behind, or else when he was down; they were about half an inch long, I do not know the depth—there had been much bleeding from them—I did not keep him in the hospital—he laid on a couch for two or three hours.

Cross-examined. The wounds were done by a blade about half an inch wide; I think both men had had something to drink—the wounds might be made by an ordinary pocket-knife, such as men cut tobacco with.

ARTHUR HOWARD (Police Sergeant 8). On 29th April I was on duty in Seymour Street, about one o'clock; I received information, and went to University College Hospital, and found Charles and Sidney Isaacs suffering from wounds—I went to the prisoner's house and found him in bed—I said from information I received I should take him in custody for maliciously stabbing two men with a knife—he said, "I never had a knife in my life; Charley struck me, and I struck him back again; Fil, that is the other brother, made a kick at me, but missed me; they knocked my father down and gave him a punch, and Charley hit me in the eye"—there was a slight mark on his eye—I took him to the station—he was perfectly sober—this was at twenty minutes to one.

Cross-examined. It is rather a rough neighbourhood; there is a good deal of fighting at times—the prisoner lives with his family; his father is a chimney sweep—they live in the same mews as the Isaacs—I hear that there have been frequent quarrels between the families.

By the JURY. I found no knife on him—he lost his hat in the affray—a man named Kirk brought it to the station, and there was a quantity of blood on it—there were no blood stains on his clothes, only on his hat, which he accounted for by saying that he had lost it in the affray, and that the blood got on it when he had not possession of it—there are cuts on the prosecutor's clothes, and they are saturated with blood.

The prisoner received a good character.

GUILTY of unlawfully wounding— Six Months' Hard Labour.

23rd June 1890
Reference Numbert18900623-499
VerdictMiscellaneous > unfit to plead
SentenceImprisonment > insanity

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499. GEORGE JESSE HOLFORD (35) , Indecently assaulting Ethel Hilsdon, a girl under the age of thirteen.

MR. BROMBY Prosecuted.

Upon the evidence of DR. GILBERT, surgeon to Holloway Prison, the JURY found the prisoner insane, and unfit to plead.To be detained during Her Majesty's pleasure.

THIRD COURT.—Wednesday, June 25th, 1890.

Before Mr. Common Serjeant.

23rd June 1890
Reference Numbert18900623-500
VerdictGuilty > pleaded guilty
SentenceImprisonment >  
Owen Griffith.
21st July 1736
Reference Numbert17360721-23
VerdictGuilty > theft under 40s

Related Material

25. Owen Griffith , was indicted for stealing two Guineas, and three half Guineas and two Shillings in Money, the Money of Thomas Wood , in his Dwelling-House , June 12 .

Thomas Wood . Between the Hours of Eleven and One at Night, June the 12th, I lost two Guineas, three half Guineas, and some Silver, out of a Chest. The Prisoner lived in my House, I trusted him for Lodging and Victuals, and in Return he robb'd me.

Eleanor Wood . The Prisoner confessed to me, he took the Money, both in the Round-house and in the Gatehouse.

Ann Williams He confessed the same in my Hearing. Guilty, 39 s.

[Transportation. See summary.]

Ruth Surry.
21st July 1736
Reference Numbert17360721-24

Related Material

26 Ruth Surry , was indicted for stealing a Suit of laced Head-clothes, the Goods of Freeman Collins ; a Cambrick Mob and two Handkerchiefs, the Goods of William Odam ; and one Suit of Headclothes, the Goods of a Person unknown , July 17 . Guilty. Felony .

[Transportation. See summary.]

John Kelsey.
21st July 1736
Reference Numbert17360721-25

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27. John Kelsey , was indicted for assaulting William Winston , on the King's Highway, putting him in Fear, and taking from him one Guinea , June 30 .

He was a second Time indicted, for assaulting John Hussey , on the King's High-way, &c. and taking from him a Guinea , June the 30th .

Mr. Winston. I was coming yesterday was three Weeks from Gloucestershire to London, in the Cirencester Coach, and about Knights-bridge, near Hyde Park Corner , three Fellows stopped the Coach and demanded our Money, Watches and Buckles; I gave the Fellow that put his Hand into the Coach a Guinea; another Gentleman gave them a Guinea and some Silver, and a third Person gave them more Silver. After this, they talked of taking us out of the Coach, I said they had got all we had, and away they went. I told the Watch and the Neighbourhood we had been robbed, and they pursued them, and that Man at the Bar was taken. Next Morning he was carried before the Lord Carpenter and Justice Ray, at Hanover-Square, and they bound him over. I can't take on me to say he was one of the three, for it was past 11 o'Clock at Night. He was taken by the Description we gave of the Robbers, that they were little Fellows, young, and unused to that Way. They were very civil, no Oaths nor Swearing, but, Gentlemen if you don't deliver, we must take you out of the Coach.

Mr. Hussey. I can give but the same Account that Mr. Winston has given. We were attack'd by three Foot pads, one held a Pistol to my Breast and demanded my Money; I gave him a Guinea and some Silver, I cannot be positive how much, nor can I swear to the Prisoner. He who took the Money from us, went a little Distance and made a Speech, telling us, as they had not done us an Injury, and a Necessity obliged them to do what they did, he hoped we would not pursue them: but his Companions call'd him away, and bid the Coachman drive on. By the Description we gave to the Watchmen, the Prisoner was taken, and carried next Morning before the Lord Carpenter, at the Vestry-Room, in Hanover Square, and sent from thence to Prison.

George Whitehead . I was going past 11 o'Clock, and a Gentleman came up, and sud, he was afraid of being robbed, there were three Foot-pads had stopped a Coach in the Road. He said one of them had on a Checquer'd Shirt, dark brown Cloaths, and a flapped Hat. I ordered the other Watchman to put out his Light, thinking if they saw our Lights, they would not come near us. In about a quarter of an Hour they came down the Road, I stooped down, that they might not see me; so, says I, they are coming, to my Companion, and as soon as the Prisoner came up to us, I seized him fast by the Breast; but while we were attacking him, the other two got off. We went up to the Turn-pike to see what Coach it was that had been robbed, and we found it was the Sissiter ( Cirencester ) Coach, so we went to the Bell-Savage Inn, and found out Mr. Hussey. I did not see the Coach attack'd, for it was not near the Houses, but so much as it was described upon him ( according to the Description) he must be the Man. He had these Surgeon's Instruments about him, and this Stock.

William Chambers . I am a Watchman. We had an Account of this Coach being robbed by three Foot Pads; two of them were described very plainly, by a Man who jumped down from behind it, when the Fact was committed; so we stopped the Prisoner at the Bar, and the others ran away. He was searched at the Lodge at the Park Gate; we found some Money upon him, but not much, and two or three Shagreen Cases to hold Lancers, and this Stock, but I did not see any Gold about him. The Robbery was committed about half a Mile beyond my Stand.

John Stokes . I was constable that Night the Prisoner was brought to the Watch house; the next Morning I carried him before the Lord Carpenter, and Mr. Justice Ray, and he confessed the Fact in my hearing, and the Confession was taken in writing, and was signed by the Prisoner.

Mr. Parry I saw this Confession taken, and the Prisoner signed it, after it had been read over to him: He gave an Account where those, who were concerned with him in this Robbery might be taken, but they have not yet been found

The Examination.

Middlesex. The Examination of John Kelsey taken before us, two of his Majesty's Justices of the Peace for the said County, and Liberty of Westminster, July the 1st, 1736.

Who being charged with stealing two Guineas from Mrs. Winston and Hussey, and putting them in fear, near Knight's Bridge, confesseth and saith, that he met with Rigby and Cooper at the Fountain Ale-house, and that he staid there with them 'till about three o'Clock: then they went to the Angel near Queen's Square, and drank a Pint of Beer, and from thence to a Cook's Shop, and having agreed to rob the first Coach they should meet, saith, that about eleven o'Clock at Night they stopped this Coach, that Rigby demanded the Money, Watches, and Buckles of the Passengers, and this Examinant put his Hat into the Coach, and received two Guineas, five Shillings in Silver, and two Pence Half-penny; that he gave Rigby the Money, and they went into the Fields and divided it; he saith, they then returned into the Road again, were pursued, and he this Examinant was taken by the Watchmen He farther saith, that last Saturday they robbed the Salisbury Coach near Kensington, and took from the Passengers 18 s. That he was concerned with Rigby and Cooper

in robbing the Bury Coach, in Stratford Road, and that he this Examinant had 9 s. for his Share.

Signed John Kelsey .

Prisoner. I was not in my right Senses when I made that Confession, and was frighted into it.

Several Persons appeared to the Prisoner's Character, most of whom, had known him from his Cradle; and all of them swore they never heard ill of him before.

Elizabeth Kelsy labour">hard labour

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500. GEORGE SAUNDERS (20) and JOSEPH MILLER (16) PLEADED GUILTY to burglary in the dwelling-house of Alfred Price, and stealing a watch, a chain, and other articles; MILLER** having been convicted in February, 1890, and SAUNDERS† in March, 1887.— Twelve Months' Hard Labour each.

23rd June 1890
Reference Numbert18900623-501
VerdictGuilty > pleaded guilty; Guilty > pleaded guilty
SentenceImprisonment > hard labour; No Punishment > sentence respited

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501. ALFRED BELL (22) and CHARLES BARNES* (14) , to burglary in the dwelling-house of Thomas Forder, and stealing a locket and other articles. BELL— [Pleaded guilty: see original trial image] Ten Month' Hard Labour. >

BARNES— [Pleaded guilty: see original trial image] Judgment Respited.

23rd June 1890
Reference Numbert18900623-502
VerdictGuilty > pleaded guilty
SentenceImprisonment > hard labour

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502. ALFRED SPARKS (19) [Pleaded guilty: see original trial image] , to burglary in the dwelling-house of Edwin Elbrook, and stealing fifty cigars and other articles, and 3s. 6d.; also to a conviction of felony in September, 1889.— Fifteen Months' Hard Labour.

23rd June 1890
Reference Numbert18900623-503
VerdictGuilty > pleaded guilty
SentenceImprisonment > penal servitude

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503. GEORGE FENWICK (63) and GEORGE WILSON (59) [Pleaded guilty: see original trial image] . My Lord, the Prisoner at the Bar is my Child, and has always behaved well, and been a dutiful Child, and has lived very regularly. I cannot speak, my Lord, as to particular Company, I am at this time a distressed Widow; I know not Rigby, nor Cooper, - have Mercy upon my Child. Guilty . Death .

William Hopkins, Jane Daw.
21st July 1736
Reference Numbert17360721-26
VerdictNot Guilty

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28, 29. William Hopkins , and Jane Daw , otherwise Hopkins , were indicted for stealing a Hog's Skin Saddle, a tann'd Leather Saddle, and other things, out of the Stable of Alexander Lamley , June 26 , both acquitted .

Charles Thomas.
21st July 1736
Reference Numbert17360721-27
VerdictGuilty > lesser offence

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30. Charles Thomas , was indicted for stealing a pair of Leather Shoes, value 4 s. the Goods of John Vere , July 5 . Guilty single Felony .

[Transportation. See summary.]

Ann Eaves.
21st July 1736
Reference Numbert17360721-28

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31. Ann Eaves , was indicted for stealing an India Quilt, a Camblet Cloak, a silk Hood, two quilted Petticoats, a pair of Stays, six Napkins, a Child's Frock without Sleeves, a silk Handkerchief, and several other Goods , the Property of Elizabeth Adderson , May 31 .

Adderson. I had the Misfortune to be confined in the Fleet 22 Weeks, and was discharged 3 Weeks ago this very Night. I entrusted this Woman to lye with my Daughter, thinking her to be an honest Woman; but when I came home, I found all my Things gone: I knew she was absconded before I came out of the Fleet, and have never seen her 'till she was taken up. Several of my Things I found at John Dorman 's, and John Glover 's, two Pawn-brokers, who are here in Court, and can swear they were in my House, when she came there.

John Dorman . The Prisoner used to bring things to pawn, and fetched them out again; I thought she had been entrusted by Adderson with the things, and that it could not be a Felony. She pawned them with me in her own Name; here's a List of them. April 12, an Apron for 1 s. April 22, a Cap for 1 s. , to burglary in the dwelling-house of George Niblett, and stealing two coats and other articles, his property, and a pair of boots, the property of Frederick Niblett; FENWICK** having been convicted in the name of Thorton Fenwick at this Court in April, 1886, and WILSON** at this Court in December, 1878, in the name of Sidney Smith .— Five Years' Penal Servitude each. And

23rd June 1890
Reference Numbert18900623-504
VerdictGuilty > pleaded guilty
SentenceImprisonment > hard labour

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504. THOMAS HEDGES (21) [Pleaded guilty: see original trial image] , to burglary in the dwelling-house of Henry Williams, and stealing a coat and other articles; also to burglary in the dwelling-house of John Baker, and stealing a table-cover and other articles.— Twelve Months' Hard Labour.

23rd June 1890
Reference Numbert18900623-505
VerdictGuilty > unknown
SentenceImprisonment > hard labour

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505. DAVID BARRIS was again indicted (See page 822) for stealing a form of banker's cheque, the goods of Elizabeth Baker. Second Count, Receiving the same.

MR. HORACE AVORY Prosecuted, and MR. BLACKWELL Defended.

ELIZABETH BAKER . I live at 479, East India Road, and keep a fruiterer's shop—I have known the prisoner since last summer—I have occasionally bought German lottery tickets from him—I had bought one just shortly before 27th April, for which I was to pay a guinea a month for thirty-six months, I believe—I suppose the lottery was to be drawn after it was over; I never knew when—on Sunday, 27th April, the prisoner called and said, "I have got some very good news for you"—he opened a newspaper, and spread it out as if he were going to read something, and then he said he wanted to see my cheque-book; he did not say what for—I suppose he knew I had one, by having seen it when I was locking up the lottery tickets in my box—the box contained my cheque-book—I had money in the London Commercial Bank, which had failed—he said nothing on that day about that bank or the West London Bank—he said if I gave it into his hands to get it he would get it all for me—I did not ask what he wanted to see my cheque-book for, but I unlocked the box, and gave it him—it was on the London and South-Western Bank, Earl's Court branch—I had obtained the cheque-book, which contained twenty-five cheques to bearer, in May, 1889; I had only drawn one out of it—I am positive there was only that one cheque out of it when I showed it to the prisoner—when he had it I had to keep leaving him and going away to serve customers in the front of the shop—it is an open shop—he must have been in my room about a quarter of an hour, I going backwards and forwards in the meantime—he returned the cheque-book to me, and I locked it up without looking at it—it had been in no hands but mine and the prisoner's—I had never shown it to anyone else—when he left he was in his usual health; he seemed quite well—on the following day, 28th, I got a letter from my bank, in consequence of

which I looked at the cheque-book, and found a cheque form was gone; the counterfoil was left in the book; there is nothing on the counterfoil—I. went and saw the bank manager next day, and got certain information from him—on 30th April the prisoner came and asked for Moritz Hertz, a jeweller, who rents the front part of the shop—the prisoner knew him; I have seen them talking together—as soon as he was in the shop I asked a lady, who was buying vegetables, to mind the shop (the prisoner heard me), and I went for a constable, and gave him into custody—I said, "I shall give you in charge for stealing a cheque out of my cheque-book on Sunday morning last"—he said nothing—I never drew a cheque for £32 18s. in favour of Hertz; I authorised no one to do it—Hertz never had my cheque-book; J don't think he knows I have one; he never saw it to my knowledge; there is no internal communication between Hertz's shop and mine.

Cross-examined. I have had this cheque-book about twelve months, and always kept it locked up in this box in the back parlour—whenever I unlocked my box to put tickets away or rent receipts the cheque-book was always at the top of the box, and several times I have run through the leaves—I have had two cheque-books—I examined them now and then—I cannot read at all; I can just sign my name, "Baker"—I have never quarrelled with Hertz—he has never been in my parlour—I keep all my bills and receipts in the box, which is always locked—I keep the key in a little box with a spring, which is in a chest of drawers in the back parlour—the drawers are not always locked—when I go to market my niece, sixteen years old, is always in the shop—I am away one and a half or two hours at market, and I go two or three times a week—Rux, the barber next door, introduced the prisoner to me—I don't think he knew I had a cheque-book—the prisoner has always paid me when I won; I have had £2 14s. from him.

Re-examined. I have paid seventy-two shillings altogether this year, and last—the prisoner said nothing when he gave me back the cheque-book.

RICHARD MONAGHAN . I am a cashier at the Earl's Court branch of the London and South-Western Bank—on Monday, 28th April, about midday, a cheque was presented to me over the counter by the prisoner—ultimately I handed it back to the prisoner, and he went away with it (Arthur Peacock, clerk to Messrs. Wontner and Sons, solicitors, here proved having served on the prisoner', on 19th May, a notice to produce the cheque)—the cheque was dated 25th April, 1890, for £32 18s., and purported to be drawn by Elizabeth Baker, payable to Mr. Hertz—it was endorsed "Hertz"—I compared the cheque with the signature-book—I had doubts, and showed it to my manager, Mr. Lee—I then took it back to the prisoner—Mr. Lee asked him from whom he had received the cheque; he said, "From Mrs. Baker"—Mr. Lee asked him to describe Mrs. Baker; he said she was a small woman, very stout—I marked the cheque, "Signature differs"—I believe Mr. Lee looked at the number of the cheque—I believe Mrs. Baker had a cheque-book delivered to her in May last year—by an error the date it was sent was not entered in our book—we have a record of the numbers of the cheques sent to her—up to 28th April only one cheque had come to us from that book, and that was drawn on 2nd July, and was No. A 000651; it was the first cheque out of the book—the last was 000675.

Cross-examined, I will swear it was not eleven when the prisoner came in—I had no suspicion about the cheque when it was handed to me—I referred to my signature-book, and then went to the manager—I handed it back; I should be incurring great risk if I did not, not knowing if it were a forgery.

JOHN WILLIAM LEE . I am manager of the Earl's Court branch of the London and South-Western Bank—on Monday, 28th April, this cheque for £32 18s. was brought to me by Mr. Monaghan—I compared it with the signature-book, and saw it differed from Mrs. Baker's signature, and I went with Mr. Monaghan to the counter, where I found the prisoner—I said, "From whom did you receive this cheque?"—he said, "From Mr. Hertz"—he went on to say Mrs. Baker was a greengrocer, and kept a shop in the East India Dock Road, and that Hertz was her lodger—I asked how he became possessed of the cheque, and there was more conversation, which I do not recollect—the cheque was numbered A 000652, and was the second in the book issued to Mrs. Baker—the first cheque number A 000651 had been presented in July last.

Cross-examined. I am not sure if the prisoner mentioned receiving the cheque from Mrs. Baker or from Mr. Hertz; he said Mrs. Baker gave it to Hertz—I said at the Court below he received it from Hertz; I think he said he received it from Mrs. Baker—I don't recollect which it was—this was half-past eleven or a quarter to one—I know that because one clerk goes out at half-past eleven, and another at a quarter to one—I have a note of the date on which the cheque-book was given out.

Re-examined. It was issued before July, 1889; she drew a cheque in chat month—this is the cheque-book—I have not the slightest doubt that the prisoner is the man.

MORITZ HERTZ . I am a watchmaker and jeweller, and occupy part of Mrs. Baker's shop, 479, East India Road—I nave not known the prisoner long; he came once to the shop a long time ago—I know nothing of a cheque payable to me for £32 18s.—I never heard of it—I never endorsed such a cheque.

Cross-examined. I had not seen the cheque before I saw it at the Police-court—I have known the prisoner about six months, I have seen him about three times—I have done no business with him—I have not spoken to him—he came to my shop a long time before and sold me a lottery ticket, through Mrs. Baker—I did not see him myself—I cannot get from my shop to hers without going outside—she never comes into my shop, and I never go into hers—I have never been in her parlour.

ANTHONY HURRELL (K 177.) On 30th April Mrs. Baker called me to her shop, where I saw the prisoner—by her directions I took him into custody—she said she wished to charge him with stealing a cheque out of her book on the previous Sunday, the 27th, filling it up, taking it to the bank at Kensington, and trying to cash it—he made no answer, and I asked him if he understood what she said—he said, "Yes; all right"—at the station he was placed among a number of others on the same day, and Mr. Lee picked him out and said, "That is the man that came into the bank"—when the charge was read at the station the prisoner said, "I know nothing about the cheque'—Mr. MonaghaMay 24, an Apron for 1 s. March 4, a Cloak for 4 s. April 16, an Apron for 1 s. The 17th or 18th of May, a Suit of Pinners for half a Crown. February 7, an Apron half a Crown. May 19, a Cap 4 d. May 15, a Petticoat 8 d. May 1, a Handkerchief 8 d. April 28, five Napkins 3 s. May 12, a Handkerchief 6 d. May 13, a piece of Stuff 4 d. The same Day a Mob 8 d. May 5, a pair of Stays 9 s. May 20, a Petticoat 7 s. 6 d. May 24, a Quilt 14 s. 9 d. and with this 14 s. 9 d. she redeemed two Spoons of Mrs. Adderson's; so by that I took it she was entrusted with them.

Q. Did you entrust the Prisoner to pawn Goods for you?

Adderson. No.

Q. Did you commit these Goods to her Custody?

Adderson. No.

Q. Then the Pawn-broker is mistaken in his Law. You ought not to have received these Goods, without knowing what Authority she had to pawn them, and you are very faulty in taking them in.

Dorman. Here are other Things in the List of Mrs. Addersons, which the Prisoner brought to our House. She always pawn'd them in her own Name; and when I asked her any Questions, she always said she was sent.

Q. If you thought she was sent, why did you take them in her Name?

John Glover , I took from the Prisoner a check'd Apron for 18 d. a short silk Apron for 9 d. and a Remnant of new Stuff for 1 s. a Breadth and a half of Muslin for 1 s. She said she brought them from one Elizabeth Cox , but she laid them in her own name.

Q. You that receive Goods in pawn ought to be very cautious: You are Nurseries of Thieves, and they would have no vent for

stollen Goods, if you did not receive them in pawn. Half the Felonies committed in Town, are owing to this Encouragement. Guilty .

[Transportation. See summary.]

Stephen Phillips.
21st July 1736
Reference Numbert17360721-29

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32. Stephen Phillips , of Fulham, was indicted for stealing a Mare of an Iron-grey Colour, value 6 l. the Goods of Thomas Millet , July 6 .

Thomas Millet. My Stable was broke open early in the Morning, July 6, and an Iron-grey Mare, Bridle and Saddle were stollen. I cannot say the Prisoner took her; but I found her at the pewter Platter in St. John's Street; but I have got my Mare again.

William Enmery . Between one and two o'Clock in the Morning, July 6, the Prisoner came with the Mare to my Master's House: He called me up, and ordered her a Feed of Corn; I live at the Barley Mow, near Kent street Turnpike. I unlocked the Stable Door, and turn'd her in. He told me he had rid 60 Miles since 10 o'Clock last Night: I felt under the Saddle, and the Mare was but just warm; she was not heated at all, so I thought it impossible he should have come so far. He asked me to let him go to bed, and I let him lie in my Bed with my two little Children. In the Morning, when the Children got up, he sent them down Stairs to order another Feed of Corn; and while they were gone, he opened my Box, which was in the Chamber, robbed me of my Money and Watch, and then he went away with the Mare.

Another Witness. I was Hostler at the pewter Platter: And last Tuesday was Fortnight, the Prisoner came with the Mare, about 8 or 9 o'Clock in the Morning. Hostler, Hostler, says he, take my Mare: I rubbed her down, and he gave me a Pint of Beer. Afterwards Mr. Millet came, and took this very Mare out of the Stable, and said it was his.

Millet. I swear 'tis my Mare.

Defence. I made no Operations in taking the Mare: I did not break the Stable, nor take the Mare. It was a young Man who used to go with me to Emmery's House; he told me what he was going about, and I have had no Friends this 17 Years, 'till I kept Company with this young Man. I am but 17 Years old, and never wronged any body in my Life before Guilty . Death .

Jane Dale, William Bowen.
21st July 1736
Reference Numbert17360721-30
VerdictNot Guilty > no prosecutor

Cross-examined. I saw the bank manager when he came, but had no conversation with him—the prisoner was placed among men of various

ages; I don't know if any of them were Jews—the prisoner lives in a street out of Commercial Road East, about four miles, I should think, from the bank at Kensington.

The Prisoner's statement before the Magistrate: "I have five witnesses to show that I was ill on Monday, 28th April, in bed, and unable to go out, and the same on the following Tuesday, the 29th April. G. Michael, the doctor, attended to me for my throat."

Witness for the Defence.

MARY ALEXANDER . I live at 38, Myrtle Street, Commercial Road—the prisoner has lodged with me for fourteen months—he was arrested on a Wednesday, eight or nine weeks ago to-day—on the Monday before that, 28th April, I saw him at nine a.m., and again at eleven, or close to eleven, in bed, and I saw him again after four o'clock; I gave him a cup of tea—he was in bed, his throat was wrapped up—I spoke to him, and he answered me—he had a bad throat, and he had the doctor—I always found him a respectable gentleman.

Cross-examined. I know he had a bad throat—he had a poultice on with a woollen scarf—this is the first time I have been called as a witness in this case—I was at the Police-court; his throat was wrapped up then in the same way—I saw him in bed at four, and after four till a quarter or twenty minutes to five—I have no idea what time he got up or went out on the following day, the Tuesday; he went out in the morning; he used not to come down to my place when he went out—I cannot say when he went out on Sunday—he was at home by one o'clock—he came home on Sunday very early, and stopped in; I saw him many times.

MR. AVORY, in reply, recalled

RICHARD MONAGHAN . When the man came to the bank on the Monday his throat was wrapped up with a white handkerchief, or a white cloth of some description, that went over his head.

By MR. BLACKWELL. I have been in Court; I said nothing about it before, because I was not asked.

ELIZABETH BAKER . I used to live and keep a fruit shop at Earl's Court, and I then had an account at the bank there, and I kept it open after I left—I wrote for a new cheque-book after I left.

GUILTY .— Nine Months' Hard Labour.

OLD COURT.—Thursday, June 26th, 1890.

Before Mr. Justice Grantham.

23rd June 1890
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Reference Numbert18900623-506
VerdictNot Guilty > unknown

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506. JAMES SCOTT, Feloniously using an instrument upon Annie Whitney, with intent to procure her miscarriage.

MESSRS. CHARLES MATHEWS and HORACE AVORY Prosecuted; MESSRS. WILLIS, Q. C., and WARBURTON Defended. The details of this case are unfit for publication.


NEW COURT.—Thursday, June 26th, 1890.

Before Mr. Recorder.

23rd June 1890
Reference Numbert18900623-507
VerdictGuilty > pleaded guilty
SentenceImprisonment > hard labour; Imprisonment > penal servitude

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507. EDWARD e>

33, 34. Jane Dale and William Bowen , were indicted for stealing a Buttock of Beef, weight 10 lb. value 2 s. 6 d. the Goods of Griffith Evans , July 16 .

The Prosecutor not appearing, they were acquitted .

Thomas Davison, Robert Clark.
21st July 1736
Reference Numbert17360721-31
VerdictNot Guilty

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35, 36. Thomas Davison and Robert Clark , were indicted for stealing a Rug Coat, a Flannel Waistcoat, a Worsted Cap and a Felt Hat , the Goods of Timothy Rowles , July 7 , both acquitted .

John Cisti.
21st July 1736
Reference Numbert17360721-32
VerdictGuilty > lesser offence

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37 John Cisti , was indicted for stealing a silver Watch, value 5 l. the Goods of John Donnel , June 26 .

John Donnel. The 26th of June, the Watch was stole on board a Ship (The Willing Mind) riding off the Armitage. I was just got out of Bed to roll some Goods out of the Hold; and while I was in the Hold, he stole the Watch out of my Breeches which lay on a Chair in the Cabbin. I advertised it, and the Watchmaker he had sold it to, brought me the Watch again. I took the Prisoner before Justice Farmer, and he confessed the Fact, and signed his Examination.

The Confession being proved, was read.

Middlesex. The Examination and Confession of John Cisti , July the 1st, before me Richard Farmer, Esq: &c.

The said Cisti being charged before me, by John Donnel , Master of The Willing Mind Shop, that on Saturday, June the 20th, he the said John Cisti stole out of the Cabbin in the said Sloop a Watch, value 40 s. the Property of John Donnel; he confesseth and saith, on the 26th of June he took the said Watch, and sold it to one Major Woolhead in Leadenhall street for 42 s. and farther saith not. John Cisti .

Major Woolhead . I had the Misfortune to buy this Watch of the Prisoner, three or four Days afterwards I saw the Advertisement: it did not come up fully to the Description in the Advertisement, for the Maker's Name is advertised (W A Y) and the Name on the Watch is WISE; however I immediately

carried it to the Prosecutor, who own'd it; the Prisoner was taken up, and carried before Justice Farmer, where I saw him sign his Confession. VARRONE (43), CARLO NERI (43), and ANTONIO BIGATI (48), PLEADED GUILTY to unlawfully obtaining from the Deutsche Bank certain orders for payment of money, and to conspiring to utter certain forged Spanish Bonds. VARRONE received a good character.— Eighteen Monty Hard Labour. NERI and BIGATI— Five years' Penal Servitude each. And

23rd June 1890
Reference Numbert18900623-508
VerdictGuilty > pleaded guilty

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508. AUGUSTUS CORNELIUS KING (46) [Pleaded guilty: see original trial image] , to unlawfully obtaining £3, with intent to defraud, from Arthur William Rolfe, who recommended him to mercy.— Four Days' Imprisonment.

23rd June 1890
Reference Numbert18900623-509
VerdictGuilty > pleaded guilty; Not Guilty > no evidence
SentenceImprisonment > hard labour

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509. HENRY KRUGER (40) and HENRY MORGAN (45) , Forging and uttering an Army certificate, with intent to defraud, to which KRUGER PLEADED GUILTY. He received a good character.— Six Months' Bard Labour. MR. FULTON, for the Prosecution, offered no evidence against MORGAN.— NOT GUILTY . There were six other indictments against the prisoners, upon which no evidence was offered.

23rd June 1890
Reference Numbert18900623-510
VerdictNot Guilty > unknown

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510. JOHN O'LEARY (23) , Robbery with violence on William Collins, and stealing from his person a scarf pin and 5s. 6d.

MR. SANDERS Prosecuted, and MR. ROOTH Defended.

WILLIAM COLLINS . I am a coffee-house keeper, of 68, Winchester Street, Caledonian Road—on Sunday, June 1st, I was in St. Martin's Lane—it was past eleven o'clock, because the public-houses were shut up—a woman came up and solicited me; the prisoner was with her; they were talking together—she said she felt drowsy and sleepy, and wanted a bed—I said, "I cannot oblige you"—she gave me a saucy answer and spoke to the prisoner, and he Guilty, single Felony .

[Transportation. See summary.]

Isabel Wall.
21st July 1736
Reference Numbert17360721-33
VerdictNot Guilty

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38 Isabel Wall , was indicted for breaking and entering the House of Joshua Thompson , between the Hours of two and three in the Night, and stealing thence a Basket, a suit of Head-cloaths, sixteen pewter Dishes, and three Dozen of Plates, the Goods of Joshua Thompson , June 30 . Acquitted .

Elizabeth Shelton.
21st July 1736
Reference Numbert17360721-34
VerdictNot Guilty

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39 Elizabeth Shelton , was indicted for that whereas at the Sessions of Goal Delivery of Newgate, held at Justice Hall in the Old Bailey on Wednesday, May the 5th-last, before the Right Hon. Sir John Williams , Knt. Lord-Mayor, &c. the Right Hon. the Lord Hardwick. the Hon. Mr. Justice Cummins, the Hon. Mr. Justice Denton, and other Justices of our Lord the King, assigned to deliver the Goal of Newgate, one Daniel Malden , otherwise Morgan, otherwise Smith, was by due Form of Law convicted, for that he the 29th of February last, about the Hour of one in the Night, the Dwelling-house of Mary Henshaw did break and enter, and 7 pair of Sheets, the Goods of John White , 8 Aprons, the Goods of Sarah Bishop , 3 Linnen Check-Aprons, the Goods of Sarah Hilder , 3 Check-Aprons, the Goods of Ann Seal , and 1 Shirt, the Goods of Thomas Clark , in the Dwelling-house of Mary Henshaw , did steal, take, and carry away. And by a certain Jury of the Country, duly impanneled and sworn, he was legally tryed and convicted; and Elizabeth Shelton well knowing the said Malden otherwise Morgan, &c. so as aforesaid, to have been attainted and convicted; she, the said Shelton, on the 14th of June with Force and Arms, at the Parish of St. Mary White-chapel, the said Malden, &c. feloniously did receive, house, lodge, comfort, maintain and harbour, against the Peace of Our Soveraign Lord the King, his Crown and Dignity .

Mr. Alston. Daniel Malden escaped out of Newgate, after Condemnation, and was retaken: On Whitson-Monday Morning he made his Escape again, out of the Old Condemn'd Hold. I and several of our People made all the search we could after him, in order to retake him. On the Saturday before, he was brought down to this Court to receive fresh Judgment. After several Enquiries, I was informed, that one Germane a Smith, was sent for, to take his Fetters off, by Shelton: she confessed before my Lord-Mayor, that she harboured him, and she set her Name or her Mark to her Confession.

Mr. Caldwell. She set her Mark to this Examination, and signed it voluntarily, after it had been read over to her.

The Examination of Elizabeth Shelton s, taken the 17th of June before the Right Hon. Sir John Williams, Knt. Lord-Mayor, &c.

Who saith, that on the 14th of June, about 11 o'Clock in the Evening, her Servant acquainted her, that Malden had again broke out of Newgate; and her Curiosity leading her to go to Malden's Room which joined to her House, she there saw him eating some Pig; and that she, this Examinant, applied to one Germane a Smith, to file off his Fetters, who refused, and said, he would not do it for an hundred Pounds; that she then returned to Malden, who said, D - n you all, you want me to stay 'till I am taken, and then he went away with his Irons on his Legs; and that she has not seen him since. She saith, that while she was in the Room, his Wife enquired how he made his Escape; he told her that pulling out a Knife, he loosened a Stone, and raised it with a Link of his Fetters; that he then went through into the Funnel, and let the Stone fall; that he stuck fast in the Funnel, and with Difficulty fell into the Common Shore; that when he got out of the Shore, he hid himself in an Engine, while the People that pursued passed by.

Prisoner. I desire he may be asked, if ever I came to see Malden while he was in Newgate?

Alston. I cannot say I ever saw her with him.

William Cooper . On Whitsun-Monday at Night, my Servant had been out of an Errand, and he came home, and said, he had seen Malden. You Blockhead, says I, you

have heard an old Woman's Story: No Master, say, he, I have really seen him, and another said he had seen him. Lord bless me, says I, if so many People have seen him, I will go see him my self. I went to Malden's Wife's Room and there I saw a Man sitting, with three or four Women round about him: and while I was there he put up his Legs, and pulled up, (as I thought) his Trowsers; but it seems they were the sleeves of his striped Jacket. This was in White's Yard, in Rosemary Lane: I cannot say whose House it was; I believe it was the Lodging of one of his Wive's: The Woman they call Malden's Wife, lives in that Room where I saw him. I did not know him, nor should I know him again if I was to see him; but I believe it was he, because I saw the Fetters upon his Legs, and the Rivets of a prodigious Bigness, and the great Links of the Chain, and the great Rivets. I cannot say I saw Shelton the Prisoner there.

Mr. Alston. You told me this very Day, that she was there.

Cooper. Well, I believe she was there. I knew the Woman before; I knew her vastly well; I live just by her in White's Yard.

Q. How many Women were in the Room when you went in?

Cooper. I cannot be positive how many.

Q. Did you know any of them?

Cooper. Yes, this Woman (the Prisoner) was in the Room; she was there.

Q. Then why do you say, you do not know that she was there?

Cooper. My Lord, I am cautious of hurting any Body.

Q. But won't you take care not to hurt your self? now you say she was there.

Cooper. Yes; My Lord, she was there indeed.

Q. What occasion'd his taking up his Trowsers?

Cooper. He took them up in a Bravado, and laugh'd. I am sure I should know him again, because I saw two of his Teeth in the upper Part of his Mouth broke out.

Q. How came you to be admitted into the House?

Cooper. Several People told me they had seen him, and thinks I, this is an idle Fellow, I will go see him too. And they omitted ( admitted ) me into the House, and into the very Room where he was Mrs. Humphries, who lives there sometimes, said, I might go in, and see him, she knocked at the Door, and said - here is Mr. Cooper, so they let me in, and he shewed the Irons on his Legs in a Bravado, and laugh'd and said, he had more about him here, (putting his Hands on his Wast) a great many more.

Mr. Nichols. Please to ask Mr. Cooper, if he has not seen Malden in the Prisoner's Apartment; he has told the same thing to me.

Cooper. It was the Wife's Room, that I saw him in.

Q. Where does the Prisoner live?

Cooper. In the same House, I believe; but I won't be positive.

Q. Was you ever in any Room with the Prisoner Shelton?

Cooper. Once or twice, I have been in a Room of hers.

Q. Was her Room in the same House?

Cooper. Yes, my Lord.

Mr. Alston. My Lord, he owned to me, that he had seen Malden, in the Prisoner's Room.

Cooper. Yes, my Lord, I have been informed, it was Shelton's Room.

Q. Where does Shelton live?

Cooper. Next Door to where I saw Malden, the Houses communicate, only there is a little Row of Pales between.

Germane. On Whitsun-Monday, I was drinking at the Corner of White's Yard, at 12 o'Clock at Night; the prisoner Shelton came and called me out privately. She asked me, if she might put her Life into my Hands? I was shocked, and asked her what she meant? Can I trust you, says she? I do not know, says I; why then, says she, Malden has made his Escape out of Jayl, will you come and take his Fetters off? No, says I, not for an hundred Pounds; I won't wrong my Conscience, my King, nor my Country. She found I would not answer her Ends; and she desired,

if I would not do it, I would not betray him. I told her, I would not be concerned with any of them; and away I went home to bed, and came not out again, till next Morning.

Temperance Germane, confirm'd the above Evidence

Defence. The 14th of June, at Night, I was a Bed, and a Woman who uses Newgate-Market came up and said there was a sad Up roar; for Malden was got out again. Pshaw says I, 'tis impossible, but a Woman that I give 12 d. a Week to, to look after my Children while I am out, comes and says to me, there's Malden gone up Stairs: with that, says I, if God gives me Leave, I'll go and see him; when I came up, he was eating Pig, and he asked me to eat with him, - No, no, says I, eat it yourself. His Wife said, Oh! Daniel, how did you get out? and he put his Hand to his Pocket, and pulled out a Knife, by means of which he loosened a Stone, and put his Fetters in, to take it up; then he went down the Funnel, and there he said he stuck; but God brought him through it. How will you get your Irons off, says his Wife? I will go, says I, to Germane's and get him to take them off; but he refused, and I went back and told them he would not do it: G - d d - n you all says he, you want me to stay and be taken; with that he went down Stairs, with his Irons on, and I have never seen him since came and struck me on my jaw and knocked me down—I got up and was going for him, but two lads, about twenty, came up and threw me down on the pavement, and they went at my pockets, but I do not think that the prisoner took a halfpenny—he was standing over me—I lost 2s. 6d. and a pin; the two who escaped took the money—the prisoner was given in custody.

Cross-examined. I had only had three glasses of ale all that evening—the prisoner was a little elevated, but he never interfered with me.


23rd June 1890
Reference Numbert18900623-511
VerdictGuilty > unknown
SentenceImprisonment > hard labour

Related Material

511. LILLIE WINNING (35) , Stealing a watch and chain, a brooch, and 6s. 6d., of Emily Cracknell.

MR. WILLES Prosecuted.

EMILY CRACKNELL . I am servant to Mr. John Gammage, a jeweller, of 6, Cumberland Terrace, Seven Sisters Road—the prisoner was employed there as a charwoman on 6th and 7th May—on 6th May I had a brooch made of a four shilling-piece on my bed, and a silver watch and chain in a box in my bedroom, and a jacket with 6s. 6d. in the pocket—I saw the brooch and watch and chain safe about 10.30 a.m. on the 6th, and missed them on the 9th—I told my mistress—this is part of my watch, and this brooch is mine.

Cross-examined by the Prisoner. You saw me put the watch in my box on Tuesday morning; you said it would be the better plan to put it away, as there were workmen in the house—you did not see where I put the watch; I cleared the room and said, "Now it is all cleared you can come in to your work."

JAMES MCMORN . I am assistant to Mr. Lawrence, a pawnbroker, of

27, Seven Sisters Road—I took in a brooch, made of a four-shilling piece, pledged by the prisoner, on May 7th, for four shillings, in the name of Ellis—I am positive of her.

WILLIAM WEIGHT (Policeman N). On 13th May, at 9.15, I saw the prisoner at 14, Lennox Road, and told her I was going to arrest her for stealing a brooch and other articles—she said, "I don't know what you are talking about."

GEORGE SHANKS (Police Sergeant N). I was with Wright—I searched the prisoner's room, and found 131 pawntickets and the inside of a watch—among the tickets was one of a brooch—the prisoner said, "My husband gave me the setting of a brooch; I had the four-shilling piece in paper."

Cross-examined. Your husband is a jeweller.

Prisoner's Defence: My husband is a working jeweller, and one evening before he left work this watch and some watch-glasses were brought him together. He was taken ill, and the brokers were put in. We had sickness in the house for six years, which accounts for the number of pawntickets.

GUILTY Nine Months' Hard Labour. There were two other indictments against the prisoner.

23rd June 1890
Reference Numbert18900623-512
VerdictGuilty > unknown; Guilty > unknown
SentenceImprisonment > hard labour

Related Material

512. FREDERICK BROOKES (52) and CHARLES COOTE (25) , Unlawfully conspiring to prejudice and deceive Acquitted .

Thomas Powis.
21st July 1736
Reference Numbert17360721-35
VerdictGuilty > theft under 40s

Related Material

40. Thomas Powis , was indicted for breaking and entering the House of John Vere in the Night-time, and stealing thence, a brown Cloth Coat, a brown Shagreen Waistcoat, a black Cloth Waistcoat, 8 ruffled Shirts, a pair of silver Shoe-buckles, two large silver Spoons, two Tea-spoons, and a coarse Table-cloth, the Goods of John Vere; a pair of silver Shoe-buckles, a pair of ditto Knee-buckles, and a Bob-wig, the Goods of Samuel Vere : a Hat, and a pair of silver Shoe-buckles, and Knee-buckles, the Goods of John Gravener : in the House of John Vere , June 9 .

John Vere. On Wednesday Night, the 9th of June, my House was broke open, and I lost the Things mentioned in the Indictment; there is an empty House joining to mine. and in my Kitchen on the Ground Floor, is a Window which serves my House and that. In the Morning we found the Lead of that Window Part of the Window taken off: the Sink where I wash myself every if it had been broken befoe, 'tis impossible and the whole family must have seen it I cannot swear the Prisoner committed the Fact; but I was present at his Examination the Justice, and I swore to a back Waiste at, which he had on his Back, when he was apprehended.

Richard Nokes . The Prisoner lives in Bel-yard: I know him very well; and I saw him or such a one, come out of the empty House early that Morning.

Ann Elis . I am acquainted with the Prisoner: On the 12th of June about 2 o'Clock in the Afternoon, I met the Prisoner on Clerkenwell-green; he asked me to go and drink with him: we went to an Alehouse, and he told me he wanted Money, and desired me to pawn a Shirt for him: I took it and carried it to Mr. Parsons, he told me, he had bought it.

Joshua Markland . The 12th of June, Ann Ellis brought the Shirt to pawn and was stopped with it; I was sent to take the Prisoner: This is the Shirt which was stopped, and Mr. Vere's Maid, swore to the Shirt he had on his Back: It has been in my Custody ever since. I did not see them take it off, but the Justice's Clerk delivered them to me in the Office.

Elizabeth Banning . These are my Master's Shirts: I made them, and am positive to them: Eight of these Shirts which I had put into the Drawer on Wednesday Night were lost; and the Window I know was safe that Night between 11 and 12.

Rich Tabor . I saw the Waistcoat and Shirt taken off his Back at the Justice's, and delivered to the Constable; and the Buckles taken out of his Shoes, and the Knee-buckles out of his Breeches. He begged very hard for one of the Shirts to go to Jail in.

Mr. Gravener swore to his Goods mentioned in the Indictment, and produced a pair of Pincers which were found on the Ledge of the Window, with which he supposed the Lead was untwisted.

Defence. I found these Things in Chancery Lane: I suppose the Person that robbed the House dropped them. Guilty, 39 s.

[Transportation. See summary.]

Robert Hussey.
21st July 1736
Reference Numbert17360721-36
SentenceMiscellaneous > branding

Related Material

41 Robert Hussey , was indicted for marrying Margaret Beauchamp . at the Parish of Stepney , June 13 last, his former Wife Sarah being then living

Council. This Prosecution is for Bigamy; an Offence which the Prisoner has committed in marrying two Wives. On the 9th of September, in the 7th Year of his Majesty, he married Sarah Seaton , and afterwards on the 13th of June last, he married Margaret Beauchamp: We shall clearly prove both Marriages, and then you'll find him guilty of the Offence. We shall produce a Clergyman, who married two People in the Names of Robert Hussey and Sarah Seaton, and shall prove that they co-habited together some Years, and the Children were looked on as the legitimate Issue of this Marriage.

Dr. Gainham. The 9th of September, 1733. I married a Couple at the Rainbow-Coffee-house the Corner of Fleet-Ditch, and entered the Marriage in my Register. As fair a Register as any Church in England can produce. I shewed it last Night to the Fore-man of the Jury, and my Lord Mayor's Clerk, at the London Punch-House.


Robert Hussey, of St. James's Westminster, Batchelor; and Sarah Setyon of St. Martin's in the Fields, Spinster. - As fair a Register as any Church can produce, and 'tis all my own Hand-writing. The Persons I won't swear to. This Certificate is all my Writing.

Q. Who gave you the Names of these People?

Dr. Gainham. The Man gives always the Names of both, and the Parishes where they live. A Spinster, is as much as to say a single Woman.

Council. Are not you ashamed to come and own a clandestine Marriage in the Face of a Court of Justice?

Dr. Gainham. (Bowing) Video meliora, deteriora sequor.

Council. Do you know any Thing of it, But by that Paper?

Dr. Gainbam. Yes, I'll swear to my Register: 'tis as fair a Register as any Church in England can show you. This Paper is a Copy from my Register, and I examined it by my Register.

Q. You are on your Oath: I ask you whether you never enter Marriages in that Book, when there's no Marriage at all?

Gainbam. I never did in my Life. I page my Book so, that it cannot be altered, and all Marriages are put down Alphabetically, that I can very readily find them.

Council. Pray who directed you, to shew that Paper to the Fore-man of the Jury?

Gainham. My own common Judgment, Sir: because I thought I could not be here to Day.

Mary Stallwood . I know the Prisoner, he has been very often at my House, and owned Sarah Hussey for his Wife: I have been at her Lyings to, she appeared publickly as his Wife, and he owned her as such. I am Sarah Hussey's Aunt, and an honest Girl she is. They have lived three Years together: he is a Frame-Guilder , and has been at my House many and many a Time, and supped there, and always owned her for his Wife.

Ann Humphries . I know the Prisoner, and the Prisoner knows me, as well as I know him. He and his Wife lived next Door to me. I visited her as a Neighbour, and Mrs. Hussey visited me: They passed for Man and Wife, all over the Street. They lived at Mrs. Whittle's, in Brownlow-street; they lived there more than a Year or two, and all the Time no one made any Objections to their being Man and Wife; I have often been in Company with them; once I was abroad with them, and they behaved as other Men and their Wives do.

Council. Have you never been abroad with a Gentleman that has had a Mistress?

Humphries. I know nothing of them; but as Man and Wife.

Council. Why, you may have seen a Man use his Mistress very kindly.

James Whittle . The Prisoner was my Journeyman, and Sarah Hussey lived with him in my House two Years and a half. I

was satisfied they were married, else they should not have lived in my House.

Q. Did you ever question them about it? Had you ever any Doubt of it?

Whittle. He was about to leave her, and I perswaded him to stay; and told him, it was the Part of every honest Man to stay with his Wife and Children; then he said he was not married. I told him then he should not live in my House; I would go and see whether he was or not. I went, and this Gentleman (Dr. Gainham) remembered the Marriage, and I saw the Register fair and clear; I came home and told him I had seen the Register, and he said he knew that before I went. I was God-father to his Children, and with his own Mouth, he ordered one of them to be registered.

Council. Such Evidence as this, such presumptive Evidence has always been rejected, 'till the Fact be established.

Prisoner. I own this last Marriage.

Q. Cannot a Man come and confess a Felony, and is not his own Confession to bind him? If a Man confesses himself guilty of Bigamy, shall not that be Evidence?

Council. This is only presumptive Evidence, and the Consequence of admitting it may be dangerous.

A Parish Clerk. I was called to two Christenings, at Mr. Whittles; I don't know the Man, but I registered two Children in such Names.

Mr. Whittle I heard him give Directions, and saw the Clerk take those Directions.

Robert Thomas Meacock, and to procure Coote to be appointed barman in his business.

ROBERT THOMAS MEACOCK . I keep the Blue Posts, Tottenham Court Road—on 13th May I advertised for a barman, and Coote applied for the situation—he said he had been employed at the Old Red Cow ten months, and left on account of the sale of the business, and if I would apply to Mr. Hume, the proprietor, for his reference, he would make an appointment, and Mr. Hume would be at the George and Dragon during the afternoon—I went there and asked for Mr. Hume, and the landlord pointed out Brookes in front of the bar, and said, "This is Mr. Hume"—I asked Brookes what, house he kept—he said, "The Old Red Cow, Mile End Road," and that he had sold the house six weeks ago; that Coote had been in his service ten months, and left in consequence of the sale—I then asked as to his honesty, and so on, all which questions he answered in the affirmative, and said he would have continued with him if he had been in business—Coote entered my service the next day, and I began to discover errors in the sixpences and coppers immediately; I lost from £2 to £2 10s. a day, and communicated with the police and with Mr. Dyne, the landlord of the Old Red Cow.

Cross-examined by Brookes. The landlord of the George and Dragon introduced you to me—you were about ten feet from me—I asked you if Coote was honest, and you said, "Yes"—I said, "Have you any further fault to find with him?"—you said, "No, he would nave been there now if I had had it."

Cross-examined by Coote. I suspected you the same night—I said, "There is a sovereign short," and you said I must have made a mistake—I said, "No, I don't make mistakes in money"—I missed £1 in the afternoon, and £l at night; I cannot prove who had it—Sach was there between 4 and 5.30; the second £1 was missed between 11 and 11.30—you had twenty companions outside the bar—a young

man left the night before you were arrested—I said, "No one can leave," and you said, "I will not stand in the bar and stand this money by the side of the other man."

WILLIAM EDWARD DYNE . I keep the Old Red Cow, Mile End Road—I took possession from Mr. Hume on 3rd December, 1889—Brookes is not Mr. Hume—I first visited the house about November 25th, but did not see Coote employed there—he has certainly not been employed there since the early part of November.

JAMES AYRES . I keep the George and Dragon, Barbican—I know Brookes as Hume—about a month ago I saw him in the bar—a gentleman asked for the name of Hume, and Mr. Meacock came—I called Brookes from the bar, and he and Meacock had some conversation.

Cross-examined by Brookes. I have known you two months—I may have known you on March 10—Hume was the name you left with me—I do not remember you in the Star and Garter twenty years ago; it is thirty years since I lived there—I do not know Mr. Meacock's brother, he was not a customer at my place.

WILLIAM JAMES (Detective Sergeant B). On 23rd May I went to the Blue Posts, Tottenham Court Road, and saw Coote—I said, "I am a police officer; I hold a warrant for your arrest"—I read it to him; he said, "Yes"—it charged him with conspiring with Brookes—lie was charged at the station, and made no reply.

FRANCIS ALLWRIGHT (Detective Officer D). On 23rd May I saw Brookes in Tottenham Court Road, and said, "Mr. Hume, I want to speak to you; I am a police officer"—he said, "My name is not Hume, my name is Brookes"—I said, "There are both names on the warrant; I shall arrest you on this warrant"—on the way to the station he said, "I do not know anything about it; I do not know where the Blue Posts is, and I do not know this man you are talking about"—I fetched Mr. Meacock, who said, "Yes; this is the man who gave me a reference last Tuesday week."

Cross-examined by Brookes. After Mr. Meacock said that you said, "Then I must have been drunk."

Brookes' Defence. I never saw Coote in my life till I saw him in custody. Mr. Meacock asked me if I knew Coote, and if he was all right, and I said, "Yes. "There was no reference whatever; he did not ask anything about a character. I never said I was Hume.


COOTE— GUILTY .— Eighteen Months' Hard Labour each.

THIRD COURT.—Thursday, June 26th, 1890.

Before Mr. Common Serjeant.

23rd June 1890
Reference Numbert18900623-513
VerdictGuilty > lesser offence

Related Material

513. JAMES YOUNG (25) , Unlawfully forging and uttering and counterfeiting a certificate of character.


CHARLES HALWARD . I am a clerk in the office of the Commissioner of Police, at Scotland Yard—on 2nd April I received this letter. (This was signed "James Young," offering himself as a candidate for the Metropolitan police Force, and stating, among other matters, that he had been in the 8th lancers)—I sent him this form with printed details to be filled in, and I

received it back filled up as it now is. (This gave name, age, height, measurement, and other details)—with it I received these two parchment documents (One of these certified that his conduct while with the colours had been very good; that he was in possession of a second-class certificate of education, and was sober, honest, and trustworthy, and was a good groom; and was signed, "Colonel St. Quentin. "The other was a parchment certificate, stating that he was seven years with the Reserves, and was of the second-class of education; and was signed"Captain Vesey")—the Commissioners considered he was a proper person to be placed on the list of candidates if the documents were genuine, and his name was placed on the list—on 22nd April I sent him notice to attend for medical examination—he came; the prisoner is the man, to the best of my belief—he passed the medical examination—inquiries were made, which led to this prosecution.

TIMOTHY WALLIS (Sergeant K 38). I am stationed at Barking—on 5th April the prisoner brought me this form with the measurements on it, and said he was a candidate for the police, and wanted to be measured—he said his name was John Young—I measured him and filled up the form, and gave it back to him.

FRANK NORMAN BUTLER . I am a sergeant-major of the 8th Hussars, stationed at Shorncliffe—I hold a civil position as orderly-room clerk—the prisoner was a private in the regiment for seven years; he served with me for about three years at the depot, and then I was in India lot the remainder of his time—on 28th March this year he was discharged into the Reserve—it was my duty, as orderly-room clerk, to make up for the commanding officer's signature his certificate of character—on the prisoners discharge I filled up an official form, D 439, and handed it to the commanding officer for signature—there are a number of the forms in the office; we use about 100 a month—anyone employed in the orderly-room has access to them; no one else—they are kept in an unlocked cupboard in the clerks' room—I did not fill up this form, or any part of it—this is not the Colonel's signature; it is spelt "ton" instead of "tin"—the prisoner is described in this document as of very good character; that is not the character he bore in the regiment—I prepared this parchment certificate of education, D 426, to be signed by Captain Vesey—I filled up his education qualification as the fourth class, in which he was; the "fourth" has been altered to "second"—the fourth is the lowest class.

THOMAS ASTON ST. QUTNTTN . I am Colonel commanding the 8th Hussars at Shorncliffe—the signature of this army form, D 439, is not mine; it is spelt "ton"; I spell my name "tin"—when Captain Vesey signed this other certificate he was commanding in my absence—I was not with the regiment on the day this one is signed in my name.

HERBERT GEORGE BOORD . I am military staff clerk at the Cavalry depot, Canterbury—I produce the official registry of the prisoner's service in the 8th Hussars—his character was "Bad, and addicted to drink"—he held a certificate of education of the fourth class—he was punished twenty-five times for ordinary offences against military discipline, being late, and so on, and nine times for drunkenness—he was tried by district court-martial for striking his superior officer, and sentenced to eighty-four days' imprisonment.

GEORGE BUSH (Police Sergeant). I arrested the prisoner at half-past ten on 30th May, at Woodford, Essex, on a warrant, which I read to

him—it charged him with unlawfully forging a certificate of character, with intent to obtain the position of a constable—he said, "I did not write the certificate; it is as I received it from the clerk"—on the way to the railway station he said, "I am very sorry that I applied for the police"—I took him to Bow Street—he was charged, and made no reply—the next day he said to me of his own accord, "The original certificate that I received from the regiment I have destroyed; this one I received from Corporal Haligan; I aid not pay him for it."

The Prisoner's statement before the Magistrate: "I had the certificate given to me."

The Prisoner, in his defence, said that Corporal Haligan gave him the certificate half an hour before he left, and he sent it up to the police, and that he had received the original proper certificate from Sergeant-Major Smithers.

HUGH HALIGAN . I am a lance-corporal in the orderly-room of the 8th Hussars—I did not abstract nor fill up this form and give it to the prisoner; I know nothing about it—I never saw it before—I know of the blank forms—I have never let people have them—a person might come into the room and take one out of the cupboard; there is not always someone in the room—I gave the prisoner this education form, but I know nothing of the character form; there is John Cook . I went with Mr. Martin, when he took up the Prisoner; and I asked him how he could be so wicked as to deceive the young Girl? How he could marry her, having a Wife alive, and this other Woman says she is your Wife?

As to the Wickedness of it, says he, 'tis not so wicked as you imagine: I don't deny but I am married to this Woman, (Sarah Hussey); but as to the Wickedness of it, you'll forgive me; I have had a learned Council's Opinion of it, a Seajeant at Law, and he says, the Marriage with this Woman, is a very bad one, because I had another at the same Time; another Wife before this; I have had Council's Opinion, says he, and I shall hold the Woman I have married now. We had this Discourse at Sir William Billers 's.

Mr. Martin. I know the Prisoner owned the second Marriage.

Council. It must be granted me, that here is only circumstantial Proof; as to the Registring of Children, there is nothing at all in that. But we say, he could not have a Marriage at this Time for at the Time he was married to this Seaton, he had a Wife, and she did not dye, till 6 Months after this pretended Marriage.

Court. Our Business is not to annul the Marriage, but to punish.

Council. If the first Wife was living, the second Woman could not be a Wife, neither de Jure, nor de Facto.

Mary Brothers . I was the Mother of the first Wife; her Name was Elenor Brothers; she was married to the Prisoner at St. Martin's Tabernacle: I saw them married, and her Father gave her away; she died, March was two Years ago. I do not remember who married them, for I have been out of my Senses since that Time.

The 16th Day of September, she was in the 10th Year of her Marriage, and she has been dead above two Years. I think she died in March.

Council. And their Marriage was in September 1733, then she must have been alive at the same Time.

Q. Did she live with this Man?

Mrs. Brothers. Yes, 8 Years, but at last they did not agree, and so they parted. I went and carried my Daughter to her, and told her, (Seaton) that this was Mr. Hussey's Wife. This second Marriage broke my poor Daughter's Heart, and made me run out of my Senses.

Council. Did you hear the Prisoner at the Bar was married to this Girl, (Seaton) before your Daughter's Death?

Mrs. Brothers. Yes, yes, this Girl told me she was married to him; and my Daughter

liv'd 2 Years after that. My Daughter and I went twice to her; the first Time she did not tell me she was married; but the second she did, and that she was married at St. Brides.

Council. We have prov'd he was married to these 2 Women, in Court; now the Proof they would set up, is, that he was married before, and antecedent to each of these Marriages; that he had a Wife when he married the Woman first mentioned in the indictment, and therefore that this Marriage was void.

Council. I did object that here was no positive Evidence of the first Marriage mentioned in the Indictment; and I do say, I don't remember any Case, where on this Act of Parliament, circumstantial Proof was ever given in Evidence, without there was some positive Evidence likewise.

Q. If the Prisoner confess'd his Marriage, is that circumstantial Evidence?

Council. I objected it was not sufficient for this Reason: It has been too licentious a Custom for People to live together, who have never been married; and they call one another my Dear and my Wife, and if you ask whether they are married, yes to be sure, they'll tell you; they would not expose, and bring a scandal upon themselves. But on this Act, it being a Felony, what I submit to the Court is, whether there ought not to be some solid Proof in this Case. This was not a Marriage Facie Eclesia, but a Fleet Marriage, and should be prov'd either by some Body who gave her away, or who saw the Book opened and read, 'tis not sufficient I think without some solid Proof of this Kind; but your Lordship thinks it sufficient Evidence to be left to the Jury.

Council. The first Marriage (in the Indictment) if it is to be made void, must be annulled by an Ecclesiastical Censure; this has not been done, it has not been voided by an Ecclesiastical Censure, therefore the Marriage is good.

John Johnson . I saw the Prisoner married to Elener Brothers in St. Martin's Tabernacle, 12 or 13 Years ago.

Peter Abel . I know the Prisoner: His Wife Elenor died in the Street in York Buildings, over against the Sun-Tavern. upon a Bench in the Street, I saw her draw her last Breath; it was in 1734 or 1733-4.

Council. I have one Thing I would just mention; Gainham said he shew'd the Certificate of this Marriage to the Fore-man of the Jury beforehand; I must leave it to the Court whether that should not take off his Testimony. Guilty .

[Branding. See summary.]

John Miller.
21st July 1736
Reference Numbert17360721-37
VerdictNot Guilty

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42. John Miller , was indicted for stealing the Movemenno truth in what the prisoner says—I have been in the regiment two years, but I have been in the depot nearly all the time.

GUILTY of Uttering— Nine Months' Imprisonment ,

23rd June 1890
Reference Numbert18900623-514
VerdictGuilty > pleaded guilty; Not Guilty > unknown
SentenceImprisonment > penal servitude; Imprisonment > hard labour

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514. THOMAS JOHN ALEXANDER (32), WALTER PENNY (18), CHARLES YOUNG (17), WALTER ALLDAY (18), and MARK KEELEY (29) , Stealing four pieces of silk and two pieces of grenadine, the goods of the Great Western Railway Company, the employers of, Alexander, Penny, Young, and Allday; Second Count, Receiving the same. Alexander and Penny PLEADED GUILTY .

MESSRS. MASTERMAN and TALBOT Prosecuted; MR. HUTTOH defended Young; MR. PAUL TAYLOR defended Allday; and MR. ROOTH defended Keeley.

JOHN POLLOCK . I am a salesman in the silk department of the Fore Street Warehouse Company—on 24th May I received an order from Mr. Coltman, of High Wycombe, and I prepared to meet it, one length of perfection silk measuring 41 1/2 yards, a length (35 yards) of black grosgrain, a length (16 1/2 yards) of soie doublon, and 10 yards of black ottoman—these are the grosgrain and the soie doublon; in both cases the edges are specially reserved for us, and are not made for any other house—I identify this writing on the grosgrain as the writing of one of our assistants—the total value of the consignment I made up is roughly about.

Cross-examined by MR. HUTTON. There would be no paper round the top and bottom of the soie doublon, but I have nothing to do with the packing—all the things were sent out in packets this size, except the ten yards, which was half the size.

WILLIAM MCGIVERN . I am a salesman in the dress department of the Fore Street Warehouse Company—on the 23rd of May I executed an order for sixty-six yards of grenadine, and sent it to the entering-room—this is the same pattern.

Cross-examined by MR. HUTTON. There is no mark on the paper—we got in the piece specially for the order—it is not very rare stuff.

CHARLES SEXTON . I am a porter in the Fore Street Warehouse Company—on 24th May, early in the morning, I packed some four lengths of silk and two lengths of dress material for Mr. Coltman, of High Wycombe, in paper, and then in a wooden box—I put this card on the box, and addressed it, "J. Coltman, High Wycombe"—it was forwarded by Sutton and Company; this is their receipt—this is part of the box.

Cross-examined by MR. HUTTON. I saw the things again at the Police-court on 5th June—these goods are similar—I am not prepared to swear they are the goods.

SAMUEL SELF . I am a packer in Sutton and Company's employment—on 24th May I received a box of goods from the Fore Street Warehouse Company, for Coltman and Company, High Wycombe, and I delivered it at Smithfield Railway Station, to the Great Western Railway Company—this is the receipt, and this is the label that was on the box.

HENRY COOK . I am a checker in the employment of the Great Western Railway, at Smithfield depot—on 24th May I received a box from Messrs. Sutton for Mr. Coltman, of High Wycombe, at 7 p.m., it had this card on—I made out this consignment note—I sent the box to the truck for High Wycombe—the train would leave about 11.58, I think.

DENNIS O'BRIEN . I am sixteen—I live at 18, Tiverton Street, Newington Causeway, and I am in the employment of the Great Western Railway as a slipper boy—I scotch trucks—Penny was my mate—Alexander was a horse-driver; I knew him as Banbury—between twelve and half-past at midnight on Saturday, 24th May, I was on No. 1 line—I saw Penny put a long parcel down his trousers, and button his waistcoat over it—Alexander was with him—across the metals of the Metropolitan Railway there were two other slipper boys, Allday and Young—I went to them, and I saw each of them put a long parcel down their trousers, and button their waistcoats over it—I saw two of them take the parcels out of a box which was inside the metals—I saw them fetch the box from a dark tunnel—I asked them what they had got there—Allday and Young said, "Only silk and crape, and one thing and another"—Young asked me if I would buy his lot for one shilling—I refused it—the box, a large deal one, was at the side of them; it was empty then—Young and Allday broke it up and threw it over the metals behind the heap of cinders—then they came across the lines with Alexander and Penny, and they were getting their horses ready to go home—I went as far as the inner arch, as I had forgotten my hat, and came back to the signal-box to get it—I saw no more of them—I don't know Keeley; I did not see him there—Penny is a horse-driver.

Cross-examined by MR. HUTTON. The parcels Young and Allday placed in their trousers were as large as one of these; I don't know if it was as thick—I don't know if it was wrapped up or not—I saw them put it down their trousers—I was standing close to Young, talking to him—there was dark cream coloured paper on the parcel—I noticed no label on it—I thought it was stolen—I did not like to tell a policeman—a policeman is on duty there night and day.—I

say all the prisoners are thieves—I had been there fifteen months—I have 10s. a week—I was frightened; they did not threaten me; I thought they would—Young did not tell me not to tell anyone—I told Harry Banbury, a driver, the following morning, and he told Bill, his brother, who told Roberts, the foreman, and Roberts told the sergeant—the police came and made inquiries of me on the next day or the day after—when I spoke to Young and Allday they both said together, "We have only got silk and crape, and one thing and another"—I swear that—I said at the Police-court only one of them said it; that is true; I am not certain which one said it—I do not mean that both of them said it at the same time—when Young said, "I will sell you my lot for 1s.," he spoke then for the first time—this conversation took about five minutes, and then they went away—Young has been in the company's employment there about eighteen months.

Cross-examined by MR. TAYLOR.—I was communicated with by the police two or three days, I think, after 24th May—I knew in the interval that the slipper boys were suspected of stealing some property—I am generally on duty on Saturday night as late as half-past twelve—there were three slipper boys and two horse drivers there—there were no others there besides—Allday was there before I went into the employment—I have been down there five months; before that I was on the vans—I have known Allday since I have been there—Harry Banbury is a horse-driver in another gang—the horse-drivers and slipper boys generally go up together—I have said before to-day that I saw them take the silk out of the box.

Cross-examined by MR. ROOTH. I have never seen Keeley about the station—the policemen at the Great Western are all in uniform.

WILLIAM WALMSLEY . I am a policeman in the service of the Great Western Railway Company, employed at the Smithfield goods depot—on night, 24th, and morning, 25th May, I was on duty by the policeman's box at the entrance gate to see the men out—I saw Alexander, Penny, Young, and Allday come out about 12.30—I booked them out—next morning, in consequence of instructions, I went on to the disused platform underground, and searched and found the remains of a broken box; this is one of the pieces; there were several others—they were on the further side to where you come in, against some arches, beyond the Chatham and Dover line—there is a partition between that line and the other—it is the last place you see as you come in—the Wycombe truck stands at the bottom eastern end of the platform against the wall—it is about forty or fifty yards from where it is loaded to where I found this piece of box—this piece of box had this card on it—I noticed nothing suspicious about the prisoners.

Cross-examined by MR. HUTTON. Young went out on foot—I stand there to identify every man who comes out; I had not my light that night with me—there is a lamp in the centre; it was not burning—I could swear to the four prisoners that night—I did not notice them when I booked them out.

Cross-examined by MR. ROOTH. I don't know Keeley—I have never, to my knowledge, seen him about the station; he was not a servant of the company.

FREDERICK BENTON (Detective Officer, Great Western Railway). I know the place O'Brien has spoken about—the Wycombe truck is loaded at

No. 1 line, and then is taken to No. 4 by the horse-driver and slipper-boy—at No. 4 it is about fifteen yards from the disused platform that has been mentioned—between No. 4 line and the London Chatham and Dover Railway is the pillar of an arch, then come the London Chatham and Dover lines, and then the disused platform—there is a rubbish heap near the end of the disused platform—I searched it, and found these pieces of paper there—it is about fifteen yards from where the Wycombe truck stands when it is ready to go off—on the night of the 24th there was only one Wycombe truck going by the 11.58 train—there is some pencil-writing on one of these pieces of paper.

JAMES MAYNE (Police Constable O). On the night of 28th May, about ten minutes past eight, I was in Golden Lane,. St. Luke's—I saw Keeley walking along Hatfield Street, westwards, and go into Dean's Court—about ten minutes afterwards I saw him, in company of Alexander, leave Dean's Court, where Alexander lives, at No. 7—they are brothers-in-law—Keeley was carrying a sack on his shoulder, with something bulky in it as they left the court—I followed them some way, and came up with them in Bunhill Row—Constable Small was then with me—I said to Keeley, "What have you got in that sack?"—he said, "Nothing," and threw the sack to the pavement—I caught hold of him; he said, "I will go quietly," but he commenced to struggle, and kicked out right and left—I told him I was a constable—Small took Alexander, and I took Keeley to the station—at the station Keeley, pointing to Alexander, said, "That man asked me to take a walk with him"—I searched and found on him this piece of paper—in the sack were these thirty-five yards of silk, sixteen and a quarter yards of silk, and sixty-six yards of grenadine—they have been in the custody of the police ever since—this piece of paper, which I found in Keeley's left-hand breast pocket, fits a breach in the paper wrapper of the grenadine—he said, as to the paper, "I got that from that man, too; I cannot write"—on 3rd June I went to 50, Roscoe Street, St. Luke's, where I saw Young—I said, "I am a police constable, and I am going to take you into custody for being concerned with others in stealing a quantity of dress material from the Smithfield Goods Railway Station on last Saturday night week, that would be the 24th"—he said, "Not me, sir, you have made a mistake"—on the 29th May Keeley made a statement, which Inspector Burnham took down, and I signed as a witness to Keeley's mark.

Cross-examined by MR. HUTTON. I went to Young's on the 3rd, one or two days after I had information about this robbery.

Cross-examined by MR. ROOTH. Keeley was carrying the sack in an open manner over his shoulder; it was a fairly bulky parcel; I and Small were in plain clothes—when he said he would go quietly I had said nothing about taking him to the station—when we said we should take him to the station he began to struggle—I have never seen Keeley with any of the prisoners, except Alexander—the statements made by the prisoners are similar—I received no harm in the struggle—Keeley gave me a correct address; I searched his house; no property claimed to be stolen has been found there—a great many people were about when I arrested him—Keeley had no sack when I first saw him going towards Dean's Court, but when he came out he had the sack.

GILBERT SMALL . (Detective G). I was with Mayne when Alexander and Keeley were arrested—I went to Mayne's assistance, and Keelay kicked

me on the right shin, and caused a wound—he resisted his arrest—I arrested Allday, who was charged with stealing silk and satin; he made no reply—I arrested also Penny and Alexander.

Cross-examined by MR. ROOTH. He kicked me trying to get away from Mayne; it has healed up, but there are marks; it was a wound about as large as a finger-nail—he went quietly afterwards—he was charged at the station, first with the robbery, and then with the assault at the same time.

WILLIAM BURNHAM (Police Inspector E). On 29th May I took these statements from Alexander and Keeley—Keeley heard what Alexander said—they were cautioned before they made the statements, and afterwards the statements were read to them before they were signed. (The statements were read as follows:—Alexander said: About 12.10 a.m., on 25th May, 1890,1 was walking up the hill to Smithfield Goods Station, leading a horse, when the horse shied, and I then saw this silk and satin, in three parcels, lying in the roadway in two different places. I picked them up and took them home, and on Wednesday, the 28th, I went to Keeley, and asked him to come with me to get rid of them. We went and fetched the stuff from my house, and carried it as far as Roscoe Street, when the detective stopped us and brought us to the station. Keeley said: About 7 p.m., on 28th May, 1890, I was standing at the comer of Golden Lane and Old Street, when Thomas John Alexander, my brother in-law, came to me and told me that as he was coming home last Saturday night he picked up some goods, which he had now at home, and asked me to go home with him to sell it, and he would give me a few halfpence. He said he should not have noticed the goods only his horse that he was driving shied at them. I went home with him, and he brought a bag with something in it downstairs into Dean's Court, Hatfield Street, and carried it to Roscoe Street, when he gave it to me to carry, and we both walked along together, when the policeman in plain clothes met us, and stopped us, and brought us to the station")—Alexander gave his statement first.

Cross-examined by MR. ROOTH. When Keeley was charged at the station he said, "The statement handed in by Burnham is a correct statement of what I wanted to say."

JOHN POLLOCK (Re-examined). The writing on this paper, which was with the grosgrain, is by one of the assistants in the department, James McSkinning—the writing on this piece, found in Keeley's pocket, is not that of any of our men, that I am aware of—by the marks on it I should think the prisoners had been estimating the value.

Young's statement before the Magistrate:" I have been eighteen months with the company, and this is my first offence."

MR. ROOTH called the following witnesses:

THOMAS JOHN ALEXANDER (the prisoner). I have been in the employment of the Great Western Railway Company for nineteen years—I have pleaded guilty—I plead guilty to picking the things up, not knowing them to be stolen—Keeley was out of employment; I heard he had done nothing for some weeks, and about seven o'clock on the 28th I asked him to come out for a walk—he came to see me about seven o'clock, and I brought down a bag with these things, and asked him to help me carry them—we walked as far as Roscoe Street; I had the bag—he asked me what I had in the bag—I said, "Some old things, and if

I can get rid of them it will be a few halfpence in your pocket"—the bundle was of middle size, about 12lb. or 13lb. weigh, I suppose, in an ordinary sack—I gave it to him at Roscoe Street—we were arrested—Keeley did not know the contents of the bag—he is my brother-in-law—he is a carman, I believe; he is not connected with the railway company at all—he had not been doing anything since the Saturday—I made the statement to the inspector which has been read.

Cross-examined. I knew that two pieces of silk and a piece of satin or dress stuff was in the bag; two were loose, and one wrapped in paper—I am positive the grenadine was not in paper when I picked it up—I received nothing from Penny—I don't know if I have ever seen this piece of paper before; I did not write this on it; I can write my name, but I am no hand at figuring—I never saw Keeley's writing—I did not see the paper taken out of his pocket by the policeman; I know nothing about it—I cannot say for certain whether I gave it to Keeley; I never wrote it—I am sure I did not give it to him—I have no idea where he could have got it from—I don't know how many yards of grenadine or of the other things there are—I put the things in a sack, which was an old one I had—I had no other things—I was walking with the horse up the circular rise into Smithfield when I found these things, one on the near side, and two on the off side—the horse saw one, and kicked the other—they might have belonged to the railway; I did not know but what somebody might have pitched them over the railings; I was not to know whose they were—I sometimes find things lying in the roadway—I did not know till afterwards that they were silk and satin; I do not know now what this is that had no paper on; it is dress material—I did not tell Keeley I had some silk and satin—I had left off work, and was coming home—I put them in a bag, as I did not want to expose them; I was going to take them anywhere where I could get rid of them by selling them—it did not occur to me to take them back to the railway, or to inquire about them—I told Keeley when I got rid of them he should have a few halfpence—I carried them to Roscoe Street—the detectives make a mistake if they say Keeley had the sack—I did not see them till we got to Bunhill Street, and I did not walk with my eyes shut; I looked to see if anybody was behind—I had just given the sack to Keeley when they came up—I looked behind because with a thing like that about me I was a little dubious; I was rather timid at the time, because I had had it three days at home.

By the COURT. The hill on which I found the things is on the company's premises.

Re-examined. I am quite sure Keeley did not know what was inside the sack; I said nothing to him about it.

JAMES MAYNE (Re-examined by MR. ROOTH). Keeley said in Alexander's presence, "I got that paper from him too"—Alexander said nothing in reply to that.

By MR. HUTTON. Young told me where he lived; I searched his premises, and found no stolen property there.

Young and Allday received good characters,


ALEXANDER.— Five Yearn' Penal Servitude.

PENNY.— Eighteen Months' Hard Labour.

NEW COURT.—Friday, June 27th, 1890.

Before Mr. Recorder.

23rd June 1890
Reference Numbert18900623-515
VerdictNot Guilty > no evidence

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515. ALFRED JOHN MONSON was indicted for unlawfully obtaining from Joseph Brown £180 and £20 by false pretences, with intent to defraud.

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23rd June 1890
Reference Numbert18900623-516
VerdictNot Guilty > unknown

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516. CHARLES TURNER (32) , Feloniously forging and uttering a request for the payment of £10, with intent to defraud.

MR. GRAZEBROOK Prosecuted, and MR. PUECELL Defended. ALFRED COPLEY PEAECY . I am a commission agent, of 16, Lordship Park, Stoke Newington—I have known the prisoner three or four years keep a greengrocer's shop in my neighbourhood, but was turned out fourteen months ago, after which his wife was employed at my house as a charwoman—I have two servants, named Mary and Emily, who have been with me about seven months—I left home on May 5th, leaving my wife's sister, Miss White, and the two servants in charge of the house—on the night of the 10th I received a letter at Brighton from Miss White, and came to town next day, and Miss White showed me this telegram. (Bought hone and trap. Sent it to Marshall's. A man will call for £Q. Pay him. If you have not enough, get off Mary and Emily. A. Pearcy)—I had not sent that telegram, or authorised anyone to send it, nor had I bought a horse and trap—Marshall is a livery stable keeper near me—I went to Stoke Newington Police-station, gave information, and afterwards saw the prisoner in custody—his wife had been to my house in the meanwhile, and I saw her afterwards in custody.

Cross-examined. I had the highest opinion of her honesty; she was again at work at my house on the 14th, after I found I had been defrauded in this way—I did not say anything to her then; I made a stipulation that no pumping should be allowed—my children were in the habit of going up with the servants to dress, and one of them once touched one of their trinkets; that is at least twelve months ago; I think I might say two years—nothing was said about her counting the servants' money.

Re-examined. The servants had not complained to me about missing anything—the prisoner's wife came one day afterwards in consequence of an arrangement between me and the police.

MINNIE WHITE . I am single, and am Mrs. Pearcy's sister, and live at 6, Queen Elizabeth Walk—on May 5th Mr. Pearcy left me in charge of his house, the two servants were there—on 9th May, about three p.m., I received this telegram, and about a quarter of an hour afterwards a man called, and in consequence of what he said and of the telegram, I borrowed £10; I got part from my mother and £2 10s. from one of the Servants, and paid the man, who gave me this receipt, which he had ready written; this endorsement was on it, and the man signed this, "A. Watson," in my presence—I wrote to Mr. Pearcy the same evening; he came up on the Sunday, and I made a communication to him.

Cross-examined. I have never seen the man since.

ANNIE ELEANOR PEARCY . I am the prosecutor's wife—I have known the prisoner about four years—I was in the habit of dealing at his shop in the neighbourhood—I have seen him write business accounts, and know his writing—I have no doubt that this receipt is his writing, and this

(the original telegram) also, and also these four documents (produced)—his wife has worked at our house about nine months.

Cross-examined. When he has written an account I have been on one side of the counter, and he on the other—he sometimes wrote on a billhead, and sometimes in a book—it is twelve or fourteen months since I dealt with him, and had an opportunity of seeing his writing—I do not know that the writing of persons who do manual labour resembles—here is "Lordship Park" on the telegram, and this is the way Mr. Turner usually wrote it—the general character of the writing is exactly the same—he makes peculiar straight strokes in his writing.

Re-examined. I kept his receipts till the last four months, but we removed, and as he was out of business I destroyed them.

By MR. PURCELL. When we were removing Mrs. Turner had charge of the house, and the prisoner was supposed to sleep there, as she was afraid to sleep there by herself.

WILLIAM STEBBING (Policeman N 464.) On 9th May I was outside Clissold Park, opposite Highbury Park Tavern—I have known the prisoner about three years—I saw him cross the road with another man between 2 and 3 p.m.; that is about half a mile from the prosecutor's house—I do not know which way they went.

Cross-examined. I have seen him there before, two or three times a week; he lives about a mile from there—he was a mile or more from Watson Street; I do not know that his wife lives there.

THOMAS BROCKWELL (Detective Sergeant N). I was present when the prisoner was taken in custody—I said, "You will be charged with being concerned with a man, not in custody, in stealing £10, the money of Mr. Alfred Pearcy, of 16, Lordship Lane, by false pretences, by means of a trick"—he said, "I know nothing about it"—I took him to the station and said, "lam going to search your room for books and papers; I don't want to overhaul anything; if you will tell me where they are, it will save trouble"—he said, "You will find some books and papers in a cupboard"—I went tt of a Watch, value 30s. the Goods of Alexander Walpole , June 14 Acquitted .

Anne Neal.
21st July 1736
Reference Numbert17360721-38

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Reference Numbert17360721-39
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44. Joan Griffin , was indicted for stealing a Linnen Apron, the Goods of Elizabeth Young ; a Linnen Apron, a Table Cloth, 2 pair of Sheets and other Things, the Goods of George Young , July 8 . Acquitted .

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21st July 1736
Reference Numbert17360721-40
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45. Sarah Hog , was indicted for stealing 9 s. the Money of Richard Crippen , June 21 . Acquitted .

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21st July 1736
Reference Numbert17360721-41
VerdictGuilty; Not Guilty

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46, 47. Elizabeth Williams and Mary Abbot were indicted for assaulting Ann Filewood , in the House of James Hopkins , putting her in fear, and taking from her a Gold Necklace and Locket, value 25 s. here, and found some books and papers, and among them three receipt forms, similar to these two receipts which have been filled up; and two other bills, and an account book (produced).

Cross-examined. I have looked through the book; there appears to be more than one writing in it—one account is for goods made out to Mrs. Pearcy—I did not show this receipt form to the prisoner before I searched his house, as bearing on the signature of Watson, but he may have seen me take it out; I will not swear it was not in my hand—he never told me that he had a book of these receipt forms when he was in business—they are not numbered, they are simply receipts with counterfoils—I know that the Sheriff seized his things, but have not heard that a quantity of them were thrown out in the street—I found this pawn-ticket on him. (For a coat, pawned on May 13, for 5s.)

Re-examined. I have seen no forms like these only in Mr. Moore's possession.

JOHN MOORE . I am a cheesemonger, of 59, Church Street, Stoke Newington—the prisoner lived opposite me—I have had transactions with him—I had this receipt (produced) from him, but did not see him write it.

Cross-examined. I recollect his goods being put out in the street by the Sheriff; there were crowds of people round.

MARY LOGAN . I was servant to Mr. and Mrs. Pearcy when Mrs. Turner was doing charring work—I was there when Mr. and Mrs. Pearcy went away—Miss White came to me on the following Friday, and asked me if I had got any money, and I lent her £4 10s.

Cross-examined. I had been in the service six months—I was with them at their former house—I had saved some money, and kept it in a box—one of the children did not tamper with it and upset it—one child is named Daisy; her father did not rebuke her for upsetting my box that I know of—I mentioned to Mrs. Turner that I had got £5—several people called at the house for orders, but I did not give exactly the same orders when my master and mistress were away—I never told the butcher that my master and mistress were away—there was a young girl a companion of mine who I found it necessary to drop.


23rd June 1890
Reference Numbert18900623-517
VerdictNot Guilty > unknown

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23rd June 1890
Reference Numbert18900623-518
VerdictNot Guilty > unknown

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518. JOHN BAKER (21) and PETER COLLINS (22) , Robbery with violence on James Matthews, and stealing a watch and seven shillings, his property.

MR. KERSHAW Prosecuted; MR. LAWLESS appeared for Baker, and

MR. PURCELL for Collins.

JAMES MATTHEWS . On 7th May, at one a.m., I was in Queen Street, Seven Dials—two men knocked me down, and cut my lip, and squeezed my throat, and took away my watch and chain and seven or eight shillings—I called out, "Police!"—they came, and lifted me up—I never saw the prisoners till I saw them in the Police-court.

June 18 . Williams Guilty , Abbot Acquitted .

[Transportation. See summary.]

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21st July 1736
Reference Numbert17360721-42
VerdictGuilty > theft under 5s

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21st July 1736
Reference Numbert17360721-43
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49, 50, 51. Thomes Morris , and John Pritchard were indicted for breaking and entering the House of Samuel Allen , about 12 at Night, and stealing thence 3 Porridge Pots, 6 Copper Sauce-pans, 3 Pewter Dishes, a Velvet Cap, and a Peruke, the Goods of Samuel Allen , January 27 . And Mary Eades , for receiving the same, knowing them to be stollen , January 28 .

Samuel Allen . I know nothing of the Prisoners. In January my House was robbed; I was up my self 'till 11 o'Clock, and left my House safe when I went to bed; in the Morning, a Shutter was taken off, and the Sash which was nailed down, was forced up. I lost 3 Pots, 6 Copper Sauce-pans, 3 Pewter Dishes, a Velvet Cap, and a Peruke.

Daniel Shaw . I made my self a voluntary Evidence against the Prisoners, intending to go to Sea, and get away from them. A pretty while after Christmas, Pritchard asked me to take a walk with him, and he and I, and Morris went to Hoxton, about 12 o'Clock at noon; we viewed Allen's House, and Pritchard said, this is a proper House, we can get in here. Then we went to the Farthing Pye-house, and drank two Full Pots; about 11 o'Clock at night we went to Allen's again, and staid about the House 'till 12. We found the Doors lock'd and fast, but with a ripping Chissel and a Knife, I made way to open the Pin of the Window; then we wrenched the Shutter down, and finding the Sashes nailed, I forced one of them up my self. Then says Pritchard, D - n me, who will go in; one was afraid, and t'other was afraid; keep a good look out, says I, and I will go in: They said, if any body came by, they would cry, Hyp. I got in, and unbolted the Door, then I handed out three Porridge Pots, one of them had three Feet on the bottom; six Sauce-pans, they were Copper, I believe, and as soon as we had got them, we carried them to the Prisoner Eades, three Pewter Dishes, a Velvet Cap, and a Natural Wig; we put them into a Flower-bag, and thinking we heard a WILLIAM BLUNDEN (Policeman E 100). I heard cries, and saw the prisoners running from the prosecutor, who was lying on the ground—I chased them, but they got away—I went to the prosecutor, and found his mouth bleeding and his pockets turned out; he was the worse for drink—I took Baker at four a.m., and told him the charge—he threw me to the ground twice—another policeman came up, and we were both knocked down—a sergeant then came up, and we got him to the station—he said, "I will make it hot for you in the morning"—on 12th May, at 10.45, I saw Collins with others, and I and another policeman took him—he said, "All right, I know nothing about it"—on the way to the station I was assaulted by a mob, and Collins struck me on the head with a stick, and I fell; he then kicked me on the nose—I drew my truncheon, and lay there, striking out right and left in self-defence—other policemen came up, and we got him to the station.

JOHN BEGG (Policeman E 261). I was on duty, and saw the prisoners and another at 12.50 a.m.; I told them to move on, and the prisoners went down Queen Street—I followed, and passed them, and a few minutes afterwards I heard cries, and saw them run up Neales Yard, followed by Policeman 100 E—I knew the prisoners.

Evidence for Collins' Defence.

ALFRED DIMOND . I keep the Crown Inn, Ipswich—Collins came to my house on 6th May, and asked for a bed; lie had his tea at seven

or eight, and I saw him next morning, and saw him on the racecourse—I had never seen him before.

ROSETTA CURCH . I live at 20, Gray Street, Waterloo Road—Collins has lodged there two or three years—on 6th May, about 9.30, he said he was going to Ipswich, and left—he returned at ten p.m. on the 7th.

Cross-examined. I heard of his being taken, and then remembered.


23rd June 1890
Reference Numbert18900623-519
VerdictGuilty > pleaded guilty
SentenceImprisonment > hard labour; Imprisonment > hard labour

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Reference Numbert18900623-520
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520. EDWARD CLOWES (49) , Feloniously wounding George Couchman, with intent to do him grievous bodily harm.

MR. UNDERHILL Prosecuted.

GEORGE COUCHMAN . I am a builder, of 7, Henry Street, Clerkenwell—the prisoner was a lodger of mine—on 19th May I heard a row and went up, his door was open, and I said, "Mr. Clowes, what is this noise about?'—he said, "What has that to do with you?"—I said, "I haw other tenants as well as you, and I want quiet"—he walked to the fire-place, opened a box, came towards me, and said, "Take that, you b—" and stabbed me with a fork—I had a leather belt round my waist, it went through that, and through my shirt and trousers into my abdomen—I said, "Oh, he has stabbed me"—I went down, and my daughter fetched a policeman—the fork was sticking in me, and I withdrew it.

Cross-examined by the Prisoner. My daughter is only fifteen—I sent her up to know what the row was about, and f followed her—your wife was getting some hot water to bathe her eyes, as you had given her two black eyes just before—you did not defend yourself from my violence—I did not strike you on your head, or knock you up against a dresser, before this.

Re-examined. I did not strike him; I stood outside his door.

WILLIAM HASSAM (Policeman G 171). I was called, and found the prisoner in the back yard—I asked what he had to say as regarded stabbing Mr. Couchman—he said, "I did do it under the impulse of the moment."

MR. MILLER. I am a surgeon, of Percy Circus, Clerkenwell—on 19th May I was called to King's Cross police-station, and found Couchman with two punctured wounds on the right side of his abdomen, about two inches from the navel, penetrating an inch and a quarter, not quite through the abdominal wall—this fork exactly flatted the two wounds; I found holes in his clothing and belt corresponding with the wounds, which were most serious—he went on well, and is quite well now; he was sober, but suffering from the shock.

The prisoner, in his defence, stated that his landlord rushed into his room and assaulted him, kneeling over a table, and in the struggle he struck him with a fork.

GUILTY Twelve Months' Hard Labour.

OLD COURT.—Friday, June 27th, 1890.

Before Mr. Justice Grantham.

23rd June 1890
Reference Numbert18900623-521
VerdictGuilty > unknown

Related Material

521. THOMAS HARDING (30) was indicted for the wilful murder of Florence Varney.


ELIZABETH COLLIER . I am the wife of William Collier, landlord of the Victory public-house, Kentish Town—I had a married daughter named Florence Varney; she lived with me for the last six years, assisting in the business; she was separated from her husband—during that time she was living with me—her husband lived at King's Cross, about a quarter of an hour's walk from us—there was no communication between them for the last three years—I knew the prisoner first of all as a customer at the house last March twelve months—after a time I found that he was paying attention to my daughter—they were in the habit of walking out together—I first knew he was a married man about nine or ten months ago; I thought him single at first—when I heard that he was married I told him I had heard so—he said, "Well, yes, I am like your daughter, but I am legally separated, and have been for two years; I won't sail under false colours"—after that he continued to visit the house, and to go out with my daughter—I told him I did not approve of it, that it might be the means of him and his wife coming together again—he said no, it was not likely—I found out afterwards that he and my daughter were walking out together again—for the last eight months or thereabouts he had been taking his meals at our house, paying for them—he told me that my daughter was the only woman in this world for him; he said how fond he was of her, and he could not give her up, he could not live without her—I had suggested to him on one or two occasions to give her up, and he said he could not; he said he would shoot her if anything parted them—I said he would bring disgrace on himself and his family, and he would be hanged if he did—he said he would not give them the chance to hang him, he would shoot himself, as he did not wish to live without her—on one occasion I saw a pistol in his possession—I think that was about three or four weeks before this occurred; he came into the house and walked down the garden, and I saw it lying on a little table in the garden—he fired one shot off afterwards, when she came down the garden—I was in the bar—I heard the report and was frightened, and said "Oh!"—and he said, "I was only shooting at a cat"—there was no cat there; I think he only fired one off—my daughter was there at the time with him—at the time there was some little unpleasantness between them, she would not speak to him—he laid the pistol on the table—I said, "Don't be cross, he looks excitable to-day"—I had not heard any unpleasantness between them—I don't know what it was—he said, "You are not going to give me up, if you do"—then he showed her the pistol—when he came in she spoke to him, and he unloaded it, and it was put away j but I did not fear, I never thought he would do anything; he was not a spiteful man—he gave the pistol to my daughter, and she put it in the cheffonier; and when he went away he asked her for it, and she gave it to him; he had unloaded it—I remember the prisoner coming to the house about a week before my daughter's death, I think it was the 14th of May—my daughter was not

at home, she had gone to Penge—he was very cross because she had gone out—he asked what time she would be at home—I said I did not know exactly, but I thought about seven—he said he would go down and see her—he said if she intended giving him up he would kill her; he could not live without her—he said, "You don't know how I love that woman"—he stayed talking to me a long time; I was telling him it was much better they should part, that she should go away in the country where he could not see her, and he would soon forget her—when he left the house he said he would go to Penge to her—he came to the house again after that; he never missed a day—he saw her when she came back from Penge—on Tuesday, 20th May, he came to the house, and she saw him; they were good friends then—there was no difference in her manner towards him that afternoon, but in the-evening there was—she went over to her aunt's; he waited for her outside; whatever difference there was between them was as they came home; something she said seemed rather to hurt him, and she refused to speak to him, she refused to wish him good-night—she went upstairs as he left the house at half-past twelve—on Wednesday, 21st May, he came to the bar about twelve in the day—he called for something to drink—I served him with whisky; he asked where my daughter was—I said she was somewhere about; she then came into the bar—the prisoner called for another whisky—she said, "No, you will not have anything to drink, if you want a bother keep your head clear"—he looked very pale and excited; he did not look as if he had had too much to drink; I did not think he had had anything—he said to her, "Flo, I want you to come out with me"—she said she would not—he said he would shoot her if she did not—I followed him out to the door, and talked to him, and tried to calm him; he seemed excited—he then went as far as the back door, and my daughter went down the kitchen stairs—the prisoner then said to me, I Will you let Flo come out?"—I said, "No, she cannot come out this morning"—he stood and talked to me for a few minutes, and then he followed her down the area steps; he had to go outside the house to go down to the back kitchen—I then heard them talking in the area, just at the foot of the steps—my daughter then came up the steps and served a customer—the prisoner then came up, and stood talking to me for a few minutes—my daughter went down again, and shortly after I saw her coming up—the prisoner was standing at the top of the kitchen stairs, and as she came up he put his foot across the stairs, and said, "Flo, will you come out with me?"—she said, "No"—he said, "You shall never have anybody else," and with that he put his hand in his pocket, pulled out the revolver, and fired—she was then about half a yard from him; she put his foot down with her hand, and said, "Allow rue to pass"—he had raised his foot; he fired three times in succession, but the third time I had hold of his hand, and the shot went through the ceiling and through the stairs—my daughter fell back into the arms of her father, who was coming up the stairs behind her—the prisoner then went into the little bar-parlour and fired two shots, and then I saw him lying on the floor, and in less than a second he went out at the garden-door—I rushed into the street, and said, "For God's sake, somebody fetch a doctor!"—my daughter died very soon after; as he passed out she raised her eyes to him, and I think she died directly—I know the prisoner's writing—this letter is in his writing (read)—

"March 27th, 1890.—To my own precious darling, pretty one. It is with the fondest possible feeling towards you that I write these words to you, to tell you how madly, passionately, and jealously I love you. I feel, Flo, that in having your love I have everything to make me happy, but when I offend you, and you are so distant towards me, I feel most wretched, and to lose your love, dolly, would be to break my heart; in fact, without you I feel that I cannot exist. Now, I will go further, and tell you that I will not, and neither shall you. I admit it, my darling, situated as you are, and having had so much trouble, that I am greatly to blame, as I should give way to you more than I do; in future I will endeavour to do so, and by that means give you more happiness. Florence, there is another thing that makes me feel you are so much to me, and it is hardly necessary to remind you what it is; but I am afraid you do not think so much of that as I do. To me it seems all and everything—you should—a love and tie which should be hard to break. I will never, never break that tie through being false to you; it is impossible, I could not. I want you, when you have read this expression of my feelings about you, to seriously think of our relations, and try with me in future to avoid quarrels, and I am sure we shall both be rewarded by more happiness and trust in each other. Flo, it cut me to the heart to-day when you told me you could treat me different to the way you have in the past. Do not let this thought get into your heart; but if you do treat me differently, let it be on the right side, and that you will never regret. My darling, my pet, I daresay you will think it very funny for me to write all this, but as I have never told you so in black and white I feel I should do so, and as time goes on you shall prove by my actions that the contents are true. Do not put this aside with a thought that it is mere rubbish, but think and think, and you will be able to come to only one conclusion, and that is, that no woman was loved by any man in the world more than you are by me; and in return for that love I ask you for yours, and with that I shall always be true as steel—Flo. I must now finish this statement, and I ask you to believe me to be your own true and fond loving Tom. From R. Harding, 20, Haverstock Hill. "I suppose R. Harding is the prisoner's father—the prisoner told me he wasinbusiness as a builder at that address.

Cross-examined. I did not know the prisoner's family; the prisoner himself told me he was a builder—he always expressed himself towards my daughter as he has done in that letter—he has told me several times that he was madly in love with her—there is no suggestion that my daughter was thinking of keeping company with anybody else; she was too fond of him for that—beyond occasional tiffs, they were very strongly attached to each other—up to the time of this sad event, he came regularly to the house, he never missed a day—he continued always to have his meals at our house—it was about a month before this that he fired off the pistol; he did not fire it off at anyone, only in the garden—I never heard that he was in the habit of carrying firearms; he never said so—he drew one of the charges from that pistol, at my request, and then he handed it to my daughter—it was on that occasion that I told my daughter not to be cross to him; he was so excited—before the 21st May, on occasions when he and my daughter did not part on perfectly affectionate terms, I have known him to walk up and down outside the house

till late in the morning—he said he would not go away until she did wish him good-night—I have told my daughter that she ought to show a light at her window, or in some way indicate that she was friendly with him; to tap at the window, so that he would go home; sometimes she has done so, and sometimes I have done it, and then he has gone home—on the 14th May, when he came to see my daughter as usual, she was at Penge, visiting her uncle—he said he must go and see her; he was in an excited state—he was not a spiteful man; he was always very, very kind—in consequence of his state of excitement I telegraphed to her at Penge to warn her—he stayed at the house several hours—I think it was about twelve that he came—I thought he looked very pale and excitable—I think he was sober-rail he had at our place was two pennyworth of whisky—he did not look as if he had had much to drink—I have stated that I believed that the prisoner was not in his right mind—when anybody has come into the bar and spoken to her, or shook hands with her, he has jumped up and taken his hat and rushed out of the bar and out of the house, and my daughter and I have both said, "He cannot be right in his mind to do such a silly thing as that"—(he was very jealous of her)—and when he came back he said he could not eat any dinner, he said it upset him so; he looked very wild then—I have said to him, "I don't think you are right, or you would not be so silly"—I meant, not right in his mind, to be so silly—I did not know anything about his family, either on the father or mother's side.

Re-examined. I forget the exact words I put in the telegram that I sent to my daughter at Penge, but I said "Danger" and "Don't be cross"; I knew she would understand it; that he was excitable, if he should go down to Penge; I mentioned his name, Tom—I have said to him on one or two occasions, "Tom, I don't think you can be right"; and on one occasion he said, "If she gives me up, or if anyone parted us, it would drive me mad."

THOMAS HOLLIS (Policeman Y 72) proved a plan of the premises.

ANNIE NORTON . On 21st May I was at work as charwoman at the Victory—shortly after twelve I saw the deceased come into the area—I also heard the prisoner there—I heard her say, "Get out of my way"—she had come down to fetch a pewter can; she got it, and returned up the stairs with it—I spoke to the prisoner, and said good morning to him—he looked very wild—a flower-pot stood there with a flower in it, and he crushed it with his foot, and broke it into a great many pieces—that was immediately after she had gone upstairs with the pewter can—a little time afterwards she came down the kitchen steps and went into the cellar—I was standing at the bottom of the kitchen stairs—I did not see the prisoner, but I saw a man's foot across the top of the stairs—the deceased was going up the stairs, and very nearly reached the ton—I heard her say, "Move your foot out of the way, I want to go upstairs," and I saw her knock it with her hand—he said to her, "Ain't you coining out with me?" or something to that effect—she said, "No"—I men heard two shots, and immediately after a third, and the smoke came to me—then her father rushed upstairs, and I saw her fall back into his arms—a little time afterwards I saw the prisoner running away across the garden—I don't know how he got out.

Cross-examined. I did not live in the house, I went there every week to assist, charring—I had frequently seen the prisoner there—on this

particular occasion I noticed that he looked very wild; I was struck with it; I shut the kitchen door lest he should come downstairs; I did not like his look at all—I did not notice him on other occasions; he was always very pleasant indeed—the flower-pot was on the ground—he knocked it down and crushed it into a great many pieces under his foot—when he was pressing the deceased to come out I did not hear her mother say she could not, that she had the business to attend to; I did not hear her speak.

LOUISA LYNN . I am a servant at the Victory—On Wednesday, 21st May, I heard the report of firearms—I went down to the passage, and saw the prisoner going out into the garden; I did not see how he got out of the garden—on the way he dropped his revolver, I picked it up and handed it to Mr. Webber.

HENRY WEBBER . I am an ironmonger—on 21st May, about 12.30, I went into the Victory; I heard a report of firearms, first three shots and then two more—shortly after the last witness handed me a revolver; I gave it to Coomber.

WILLIAM COOMBER (Policeman T R 15). On 21st May, about twenty minutes to one, I was called to the Victory, and found the deceased lying: on the top of the stairs, with wounds on the neck and jaw; she died very soon after—Webber produced this revolver; it has five chambers; I examined it, and found they had all been recently discharged; there was an empty cartridge case in each—I have known the prisoner about twenty years—I believe he was carrying on business with his father, a builder—he was a little boy when I first knew him—I believe he took an active part in the business—I saw him about an hour previous to this affair in Chalk Farm Road—I said, "Good-morning, Thomas;" and he said, "Good-morning, William; I shall see you presently; are you on here?"—I said, "Yes"—I thought he looked rather strange; I did not say anything—he went on in the direction of the Victory.

Cross-examined. He looked rather strange; that struck me before I heard of this occurrence; I don't recollect saying to him, "What is the matter, Thomas? "and him saying, "All right; "I don't think I said so before the Magistrate—he was in company with some gentleman—he said, "I shall be back presently, and want to see you"—I was patrolling Chalk Farm Road—I don't know anything about the history of his family; I know his father and mother; nothing further—I attended the inquest—I think a suggestion was then made by the jury that some inquiry should be made into the state of his mind.

DAVID NEWMAN (Police Inspector T). I was called to the Victory on 21st May, about five minutes to one—I examined the premises—I found a hole in the ceiling of the staircase, just over the inner stairs leading to the kitchen-someone handed me a bullet, which I traced through the ceiling into the bar—in the bar parlour I found another bullet—another was handed to me by Mr. Collier, the deceased's father—I saw a mark about seven feet high over the fireplace, and a bullet-hole just over the window-ledge in the bar parlour—I found a bullet imbedded in the wood-work, about two feet eight inches.

ROBERT MILNE BEETON . I am a registered medical practitioner, of 183, Kentish Town Road—on 21st May, about one, I was called to the Victory, and found the deceased lying on the ground at the top of the stairs—she was dead when I got there—there were two pistol shot wounds,

one at the back of the left ear, and one on the left side of the neck—the lower jaw was smashed on the right side—there was a bullet wound in the hand—blood was oozing from the mouth and nose—I made a postmortem; death resulted from a bullet wound, severing the great vessels.

By the COURT. I produce the bullets; I marked this one that I got from the jaw, the other one was from the neck on the other side; the flattened bullet had passed into the ear, right down the neck, and was found between the eleventh and twelfth ribs on the right side, near the spine—that must have required a great deal of force; the cartridge was a very powerful one, and fired close up, because there were powder marks on the neck.

JOHN MUMFORD (Police Inspector S). On 21st May, about 12.50, the prisoner came into the Albany Street Police-station—I did not know him—he opened the door himself, whistling, shut it himself, and walked up to the window of the inner office, and said, "Have you had a message from Kentish Town Station?"—I said, "What about?"—he said, "About me"—I said, "Who are you?"—he said, "I have attempted to kill the daughter of the landlord of the Victory public-house, Clarence Road, Kentish Town"—that is about a mile from Albany Street—I took him upstairs to the Criminal Investigation Department—I left him in charge of Sergeant Rowan, and sent a sergeant to Kentish Town to make inquiry into the truth of the prisoner's statement, and left the office—about three minutes afterwards Rowan came down and said the prisoner wanted to make a statement—I then went up again, and the prisoner made a statement which Rowan took down, and the prisoner signed it—this is it (read): "I am a builder, carrying on business with my father. About half-past twelve or twenty minutes to one this afternoon I went to the Victory, and saw Florence Varney, the daughter of the landlord, living apart from her husband. We had words, and then I produced a firearm; finding it went off accidentally, I turned it on myself, and the bullet went through my hat"—he called my attention to his hat at the time; this is it; there is a hole through the rim of it—there is no other mark on it, none on the crown—it smelt very strongly of gunpowder.

Cross-examined. He was very excited—his face struck me as strange-looking; he was very pale, and his lips were twitching, and his speech was very jerky and sharp—he must have come almost straight from Kentish Town to our station.

ALFRED ROWAN (Police Sergeant). The prisoner was brought up into my room at the station—after the inspector went down, leaving the prisoner, I was writing at my desk—he said, "Are you taking down what I am saying?"—I said, "No"—he said, "I know you will want a statement, and you will have to show it to the Magistrate; I have been a friend of the police"—I asked Inspector Mumford to come upstairs; he came up, and I took down the prisoner's statement, and he signed it.

CHARLES MILLER (Police Inspector Y). At half-past one on 21st May I went to Albany Street Police-station, and found the prisoner detained there—I have known him well for years—I said, "Harding, I shall have to take you to Kentish Town, and you will be charged with wilfully murdering Florence Varney"—he said, "1s. she dead?"—I said, "Yes "I then conveyed him to Kentish Town Police-station, and he was then formally charged with the murder of Florence Varney, and also with attempting to commit suicide—he made no reply—his father arrived a

few minutes after—the prisoner said to him, "You will find everything all right; I posted the books up to about a fortnight ago."

Cross-examined. I think those were the identical words; there was no expression of sorrow or regret at the occurrence—he appeared quite callous.

Re-examined. I have known him almost since he was a lad, almost twenty years—there was no difference in his manner from what I had been accustomed to, only he seemed a little down, a little depressed—I knew him living with his wife; not in the same house as his father—he was living with his wife up to this time; I knew her as well.

The following Witnesses were called for the Defence.

RICHARD BRAZIER HARDING . I live at 21, Adelaide Road, Haverstock Hill, and am a builder, carrying on business at 20, Haverstock Hill—the prisoner is my son, he lived at 20, Haverstock Hill, and was employed by me as clerk and manager—he has always been of a very excitable temperament from a child—he is thirty years old—during the last eighteen months I have noticed a very marked change in him, in his excitableness and apparent vacancy of mind; I could give many instances—his strange manner caused me great anxiety—a particular change in his manner of conducting the business would be one thing—r formerly he would conduct it more exactly than he has done of late; he used to pay much more attention to his books; his conversation has been very different; he has sometimes said he wished he was dead—I could not give a date, but he has said so frequently within the last eighteen months—I have noticed sometimes that his conversation has appeared vacant, as though his mind was at a distance, as if he did not perceive what was going on, that his mind was on something at a distance—sometimes on speaking to him on business matters he has suddenly become very excited, and has left me, muttering, which I could not understand—I could not hear any distinct remark, except the muttering—I have heard him say he would shoot himself—he has complained of frequent pains in his head, about the fierce pains pressing through the head—on the evening previous to the 21st May he was remarkably calm, so much so that I was greatly struck with his appearance, and on the morning of the 21st, when he came into the office, about eight, I was so much struck with his appearance that I said, "You are not well, my boy"—he was very dejected, his head was hanging forward, he was very pale, and walked very slow, which was so unusual with him—he said, "I am not very well"—I saw him again in about half an hour—he was very dejected, and I said, "I am sure you are not well"—he said, "No, I am not well, I have pains passing through the head," and he put his hand on his head—a little time after, about ten, he was sitting in the office chair very quiet, and he said, "I wish I was in my box"—the last time I saw him was about eleven—the books were not posted up on that morning; he had not posted them up within a fortnight—there has been insanity in my family on both sides (SIR CHARLES RUSSELL handed in two documents purporting to be pedigrees of the prisoner's family on both sides for several generations)—my wife's name is Sarah—she was the daughter of Eliza and Robert Newling—her mother's maiden name was Mason—Fanny, a daughter of Mason, married a man named Carter; my wife knew her, I did not—I knew my wife's sister, Jane, who married Edward Negus; she has suffered from weakness of

mind, melancholy; she lives at Elmington, in Essex, and is carefully looked after—she has three or four children—I know Ann Noble, another relation of my wife's; I have seen her—her condition is occasionally very bad; she has been six or seven times, at least, in a lunatic asylum—my wife and her father were tot cousins—I did not know Ann Mason; my wife will testify to that.

Cross-examined. I was at Kentish Town Station, and had an interview With my son before he was actually charged with this offence, when he stated that the books were made up to within the last fortnight; he was my book-keeper; it was his duty to see them kept in proper order—I have not got them here—I finance the business, and I am there constantly, in and out, and my son looks after the business; I have left the books to him, as I Would to a clerk; he partly superintends the building; we are not so much builders as decorators and house agents; we use the term builder, because it includes so many things—we do repairs and everything connected with dwelling-houses—the management and control of the business has not been left solely to my son; to a certain extent it has, but I am never absent—he has been there, but for the last eighteen mouths he has not looked after the business as he did formerly; that is one of the features that has been so unhappy—I have not had anyone else to look after it; I have done much more myself—the books have not been kept up as formerly, for the last eighteen months or two years—I have spoken to him about the business; I only knew of his connection with the deceased by report—I knew he was going there; I did not know that he Went many times a day, I only knew that recently—he was living with his wife, they have not been separated—I first heard the report that he was carrying on with the deceased about a month or six weeks before the accident—I could not assign any reason for his strange alteration of manner, only that his reason appeared to be going eighteen months ago; always more or less he has been an insane man all his life, more or less; I have no hesitation about it; he has never been absent from me except at school all his life—I have not had him examined by any medical gentleman—I have always hoped it would pass away; but he got Worse—he married about nine years ago—I was not then of opinion that he was insane, not in that sense, except from excitement—it has been simply excitement, tending to insanity, all his life—of course I was of that opinion lone before he married, out I did not observe it at that time—from a child he was always very excitable and very strange in many things he has done, which now show me plainly enough that insanity has been at work, though I might not be able to define it as a medical man would—he was seen by a medical man when he was a boy—I did not mention to his intended wife or her family before his marriage that I had fears as to his mental condition, nor did I mention the instances in the cases of my wife's relations—he has four children by his wife, the youngest is two years old—when I found out, about six weeks before this, that he was in the habit of going to the Victory, I asked him if it was true—he said, "Yes"—I did not ask him whether he was in the habit of going out with the deceased; I simply advised him not to continue Visiting the Victory when I heard the reports, and that he had been seen walking With Florence Varney; he said he did not see that it concerned anyone; he did not see any harm in it,

which showed to me that his mind was not correct—he said ho thought it was no business of anyone to interfere, he did not see anything wrong; I advised him not to go because it would bring the family into disgrace, as I had been in the neighbourhood so many years—I may have said the same thing again to him at another time; nothing further passed between us—I did not take any steps to ascertain whether he still continued to walk out with her; I did not think it wise; I felt afraid to interfere with him—I did not know then that he was infatuated with this woman; there is no doubt about it now—I daresay I spoke to him about it two or three times—he always made the same answer, "There is no harm in it."

Re-examined. I was afraid to interfere, because of his temperament, his excitability, and violence—the doctor who saw him when a boy is not now living—it was Dr. John Hill, of Haverstock Hill, he attended my family; he must have been attending at that time, and we called his attention to the boy, who was very peculiar at the time, making strange grimaces, and calling for his mamma when she was close by his side—he was then about ten—the doctor said that we were not to cross him, not to be severe with him at all, because of his temperament; he thought it might possibly pass away by allowing him to have his way—the change in him during the last eighteen months was a very marked one—my great-grandfather by the mother's side was Stephen Brazier—I know his grandson, Josiah Brazier, he is here—I have another eon William, his mind is weak.

By MR. FULTON. He is older than the prisoner, he is an undertaker; he is married, and has one child—he carried on business on his own account—he is not now in business, he is at Walthamstow; he has an engagement with an undertaker there at weekly wages—I attribute his giving up his business to his weakness of mind; it might have paid if he had been a strong-minded man—most business is given up because it does not pay.

SARAH HARDING . I am the wife of the last witness, and mother of the prisoner; his temperament has been very strange indeed; he would come into our place, and I would say, "Good-morning, Thomas," and he would look in my face and not speak, and walk away without answering me—he is very excitable—I have noticed a very marked change in him for over twelve months—I have noticed so many things, little things; he would come and ask me for things I could not give him, and then he would be very excited indeed with me—he used to be very kind indeed, but lately very snappish—when I have been alone with him I have sometimes been afraid, because he was rather violent to me sometimes; he has never attempted anything, but I have felt that he was very much depressed of late—I have heard him he say ho wished he was not living—he has said that more than once—he was always suffering from his head, pains in his forehead and head, much more so recently; he would frequently mutter to himself—on the morning of the 21st I saw him on the other side of the road; he looked very melancholy, like anyone out of their mind, as if he would not know what he was doing—my mother was Eliza Newling; her father was Mason; my mother's sister Fanny married Mr. Carter—I don't remember him, but I knew her very well; she went to an asylum, and came out again; whether she died in an asylum after that I cannot say—my aunt Mary married Wilson; I knew

her granddaughter Ann, who married Noble j he was a buyer and seller of cattle at Ickenden, Cambridgeshire; his mother is at Ickenden now, or was two years ago; she is in Fulbourn Asylum—she has been in an asylum six times—I do not know of her making an attempt on herself—my mother's brother, my uncle Richard, married Mary Barnes; I do not know what he was, I was young then—I knew his daughter Ann, my cousin; she lived with me at my own home till she went to Bedford Asylum—I don't remember how long she was there; I think she was there more than once, but I am not positive—T have a sister Jane, who married Mr. Negus, a master bricklayer at Holmden, Essex; she is very melancholy; she is carefully looked after.

Cross-examined. I was about nine or ten years old when Fanny Garter was in the asylum—it must be fully fifty years ago—it is over forty years since Ann Mason was in Bedford Asylum; she came out again and is now dead.

By SIR CHARLES RUSSELL. My aunt, Fanny Carter, had a son who married Miss Dallar; he committed suicide; his wife is here.

JOSIAH NEWLING . I live at Ickenden, Cambridgeshire, and am a farm bailiff—I am the brother of Mrs. Harding—I have a sister Jane, now Mrs. Negus—I remember Ann Mason, she used to be with my mother, as she had no parents living—she was taken to Bedford Asylum, and some years after she came back she married—I am not aware whether she was in the asylum more than once; she is dead—I knew Ann Wilson, who married Thomas Noble; his son is here—I know that Ann Noble went to Fulbourn Asylum two or three times—Mrs. Negus has been very weak in her mind sometimes; she has never been to an asylum—I believe she is carefully looked after.

Cross-examined. It is about fifty-five years since Ann Mason went to Bedford Asylum—I don't know how long she was there; I think she went to service after she came out—she was about twenty-one then—she had no family.

GEORGE EDWARD JAMES CRALHAM . I was assistant surgeon at Fulbourn Asylum—I knew Ann Noble quite well; she was an inmate of that asylum six separate times; she did not make an attempt on herself—the last time she was there was from 10th August, 1888, till 10th September, 1888—the first time was from 26th July, 1878, to 27th August, 1878—it was a short time on each occasion; she very soon got well; the cause of her affliction was having an extremely unhappy home; when away from her husband she seemed to get all right again—I do not know where she is now; the last time I saw her was in 1888.

JOSIAH WILSON . I live at Sanston, Cambridgeshire—I am a brother of Ann Noble, she was six times in Fulbourn Asylum—at one time she was in Bethnal House, Bethnal Green, J fetched her out—that is about thirty-three years ago—I have hoard that she made an attempt upon herself, I don't know it of my own knowledge.

SARAH DALLAR . I live at Much Haddam, Herts—I formerly lived with John Carter for eighteen years—he committed suicide six years ago, cut his throat with a razor—he was at times very violent; he once attempted to shoot me.

Cross-examined. He drank very little, he was not a drunkard—he seemed affected in his mind; if he only had a pint or two of beer he

seemed quite deranged—he had not had any for eight weeks when he committed suicide—his mother was in an asylum eighteen months.

JOSIAH BRAZIER . I live at Sanston, seven miles from Cambridge—my father was Richard Brazier, my grandfather was Stephen Brazier—I married Mary Pettitt, she is dead—my father died in a very bad state, he was confined to his bed, strapped down, I expect his mind was affected; he was in that condition when he died—I recollect it well, I was then about thirteen or fourteen—I have a family—one is a son named Arthur, he is now in Fulbourn Asylum, and has been for four or five years, on' account of his mind.

Cross-examined. My father was sixty-two or sixty-three when he died—he had been ill seven or eight months—I don't know what was the matter with him—before that he had enjoyed good health.

Re-examined. He was not an excitable man—he was strapped down because he would take hold of a person and try to throw them down—he had done that before he took to his bed, I can't tell for how long before, perhaps years.

CHARLES WORTH PEARCE . I am an M. D. of the University of St. Andrews, Fellow of Edinburgh, and Licentiate of Physicians, London—I formerly practised at 196, Regent's Park—I am now out of practice—from 1883 to 1887 I attended the prisoner's family—he seemed a very anxious father and husband—in 1886 I attended him for syphilis; I daresay for the greater part of eighteen months—he was under treatment more or less for fifteen months, and I daresay after that—under any little trouble, anything that seemed to go not quite right, he seemed to become very excited; if he fancied anything was not going quite right with himself he was constantly calling on me, sometimes four or five times about the very same thing, he was not what I should call a well-balanced man—assuming an hereditary taint of insanity in his blood, I think syphilis might very likely have an effect in bringing it out—whether there was family taint or not, I think it might set up irritation of the brain; and hereditary taint would certainly add to it—I did not attend him after 1887.

Cross-examined. If he had some little fancied symptom which did not seem to be quite right, he would come to me about it—I do not suggest that as a symptom of insanity, but he would come from the most trivial circumstance—syphilis is a very serious disease, and if not properly attended to would have very serious results—there are a good many timid, nervous people who are not insane—he would come, and converse about some trifling ailment of his own or his family, and get my opinion, and in a very short time I would have him there again for the very same thing; and in conversation he would ramble off from one thing to another—as far as I could tell, he got cured of this disease; I don't suppose he got entirely rid of the taint—I should not like to say that he did get cured of it.

Re-examined. I was treating it as a case of primary symptoms; he had secondary symptoms.

By the COURT. I had no doubt that it arose from connection with some one; he admitted it—he was not cured when he left me in June, 1887.

ARTHUR LATTEY . I now reside at Banstead, Surrey, and am medical officer of that Union—I am L.C.P. and M.R.C.S., and have been in practice twenty years—I was formerly medical officer of the south-western

district of the Maldon Union—in that capacity and in my private practice I have had to consider questions of mental disease, and to give certificates of lunacy as to persons under my charge—in January, 1887, I succeeded to the practice of Dr. Pearce—later in 1887, and also in 1888, I was frequently consulted by the prisoner for a continuation of that disease, and for more nervous disorders in 1888—the disease was in its secondary stage—he was very nervous for the first three months of 1888—he would come with some trifling little pimple, and want to know if that was not his malady coming back again, and when I told him it was nothing of the sort, he would dwell upon it, and insist upon it that it must be—then he had pains in his head, and restlessness, and sleeplessness—they were undoubtedly bond fide statements—I thought he was the most out-of-the-way curious tradesman I had ever met, because it was impossible to get him to pay attention when you wanted him to do anything; he came to my house to take orders for certain decorations, and instead of taking them he would talk about nothing but himself; at last one would apparently drive it into him, and a week afterwards you would meet him, and he had forgotten all about it—he would come again, and go over the same thing, and I had to take an extraordinary amount of trouble to get anything done; whenever he saw me be would talk about himself instead of my business—he had not a retentive memory, quite the reverse; he was most decidedly not a man of well-balanced mind; I should describe him as a most excitable, easily-upset man, a man who would greatly exaggerate any little ailment—I may give an instance: one of his children had an accident, and his state of distress was very pitiable; he would not be satisfied that the child was doing perfectly well, he would come worrying me three or four times about it, and was obviously distressed—where there is a latent hereditary mental taint, I have known marked cases of syphilis develop it—I have attended the prisoner's younger brother Richard; he is also very excitable, very wanting in self-control.

Cross-examined. I would not say he was violent-tempered; he was 28 in January, 1888—I left the neighbourhood at the end of 1888—syphilis is a terrible disease in its results, especially to a married man, but the advice I gave the prisoner was not to be anxious about the pimple, I told him it would go away in due course, but not rapidly—I told him it had nothing to do with the malady—if a person is worried in business, sleeplessness often follows, and the nervous system becomes affected, pains in the head and such symptoms are common in many maladies.

ERNEST FRY . I am an oil and colour man, at Haverstock Hill, next door to the prisoner's, where he lived with his wife and four children—I have known him twenty years—I have been very much struck by his eccentricity—I have on several occasions been away from home with him; once at Ramsgate, about three years ago, when I returned to the lodging about twelve at night he opened the door to me in his night-shirt, and instead of closing it he ran up the street in his night-shirt—I "spoke to him of it next day, and he remembered nothing about it—within the last twelve months or more I have noticed a marked differenceinhis manner—the walls between our houses are thin, and I have frequently heard him playing on the piano and shouting and singing; in feet, he would wake us up two or three times in the morning—I remonstrated with him next day, and he would apologise, and say he was very sorry, and

say, "I don't remember anything about it; I suppose it was me"—it was him, there was nobody else there to do it—I have heard him running up and down stairs in the dead of the night—I have heard him spoken of as "Mad Tom," more than once; I have referred to him myself in the same terms—he used to complain of pains in his head—I saw him a week before this occurrence, he then seemed very much down; he said he did not know what was the matter with him, his mind had been disturbed, he had not known what he was doing for a day or two—he did seem very cast down—he used to ring my bell very frequently at all hours, two, three, and four in the morning; I have spoken to him about it, and he said he did not remember it, he was very sorry if he had disturbed me—he was a very excitable man; as far as I know he was a sober man.

Cross-examined, I have seen him drunk once or twice, I should not like to say more; I don't mean that he was drunk and incapable of taking care of himself; I never saw him incapable or unable to walk; I have not seem him very drunk, it did not strike me that he was drunk on the occasion of ringing the bell and playing the piano; I thought he was a little bit light-headed—he was not drunk at Ramsgate when he ran in his night-shirt; I led him back to the house, and said, "Come, Tom, this won't do"—he only ran a few doors down the road—I told him to go to bed—my opinion was that he was not quite responsible for his actions, because he did such a ridiculous thing—that was two or three years ago; that was the first time in my experience of such eccentric conduct of his—I think we returned home a day or two afterwards; he did not show any further sign—I did not mention this to anybody—I know his wife; I did not mention it to her or to anyone; I did not think it my business to do so; the first time I mentioned it was when I gave my evidence—I have mentioned it to my wife.

Re-examined. Except once or twice I have never seen the prisoner under the influence of drink; his wife has spoken to me about him more than once, as a neighbour.

ARTHUR SMITH . I live at 8, Orchard Road, Highgate, and am a commercial traveller—I have known the prisoner fifteen or eighteen months—I met him often, and have asked him what was the matter; his appearance struck me as extraordinary—on the 19th May, two days before this occurrence, he accused me of a breach of contract in not taking a house of him, which I had promised to do, but owing to circumstances I had declined it—I endeavoured to explain the reason to him, but he appeared to take no heed to what I was saying, and he suddenly said, "I posted the letter myself"—I said, "I have had no letter"—he continued talking in aloud tone, and suddenly seized me by the collar and said, "If you did not show me that letter, who did?"—I flung him off, and said, "I don't know what you mean"—he looked at me in a curious manner, and said, "I was not talking to you, I thought I was talking to somebody else"—I was astonished when I heard of the murder—I saw the report in the paper, and I sat down and wrote to Mr. Harding, sen., at twelve o'clock that night, and in that way the defendant's solicitor came to see me, and took my evidence—the prisoner was talking as if there was a third person present—I had no knowledge of his affairs, and the conversation did not relate to anything I knew of—his conduct attracted the attention of passers-by, and people stopped and watched us—he asked me to come to the corner; having

been with him before to the Victory, I supposed he referred to that; I refused to go with him—at the very same moment I was about to make some excuse, when a girl who had been walking some distance ahead turned round as if to ask her way, when the prisoner darted after her; and when he got within a yard of her he suddenly came back to where he started from—we were going in the direction of the Victory; I left him standing there in the centre of the road—I offered to shake hands, but he took no notice of me—my impression was that he was out of his mind—I left him purposely, to avoid him; under other circumstances I should have gone with him to the Victory.

Cross-examined. This was about half-past eight in the evening; quite light enough to distinguish any features—he got within a few yards of the girl—he might have got near enough to distinguish her features.

JOHN STAPLES . I am a retired tradesman, and live at 42, Adelaide Road—I have known the prisoner between three and four years-his manner is generally very excitable, that was my impression from the first time I had business transactions with him—the first remarkable thing that attracted my attention was that he was always being taken for a detective; he told me so—about twelve months ago I had a tenant who left, shutting up the house and taking the key with him; I appointed the' prisoner to meet me there, to pick the lock—he said, "I will show you how to get into the house," and he went into the forecourt, and dashed his fist through the window of the breakfast parlour, and cut his hand severely, then he drew the catch back, threw up the window, and ultimately let me in, and said, "You will have to pay for this"—on another occasion, some few months afterwards, I was having some repairs done to the roof of a house in Manchester Square, and he said, "Would you like to go up and see what they are doing to the roof?"—I said, "No"—he said, "I will show you how to do it"—there was a ladder there, reaching from the ground to the roof, about forty feet, and he ran up the ladder, and sat on the parapet, swinging his legs for two or three minutes, and then came down again, and said, "It's all right; won't you come up and have a look?"—I said, "Certainly not"—on the Monday before the 21st May he came to my house, which he was decorating; the next door was empty, and he said, "I want to go next door, and take the blossom off those trees, or they will only rot;" he jumped to the top of a small fowl-house, and went through it—I said, "For goodness sake, take care what you are doing!"—he said, "I am only seventeen stone"—he asked me for a knife; I lent him my small pocket-knife, and he said, "I am going to cut off some of these, and take them home to my dad"—instead of cutting off the blossoms, he pulled them off recklessly, and never used the knife at all—my wife was there, and she shouted out, "If Mr. Harding is not a madman I never saw one before"; he was. acting like a madman.

Cross-examined. He made no reply to that, he went away—this was directly opposite the Victory.

GEORGE THOMAS LIFE . I was in the service of the North Western Railway for twenty-five years—I am now superannuated—my daughter married the prisoner about nine years ago—I had known him about two years previous to his marriage—his oldest child is a little over eight years—the prisoner was most excitable and most violent; the least thing would upset him—I believe he was usually kind to his wife and children,

to a certain extent I think lie was—I believe, when not excited, he was very kind to his wife—I had not seen him for six months previous to this occurrence—I seldom called at his house; I used to call to leave the children some sweets—I might call there a dozen times and not see him—just before Christmas last I went as usual to see my daughter; he heard my voice, and came in in a very violent manner, and said, "Go out of my place, you are trespassing!"—he repeated that two or three times—there had been no quarrel between us—I never had angry words with him in my life; we had always been good friends; he always treated me very kindly—after that I never went there again—I know that he almost always had a revolver.

Cross-examined. I am not aware that he was given to drinking; I never saw him the worse for drink.

ANNIE ELMORE . I am now in service at 181, York Road, Camden Town—in March, 1889, I entered the prisoner's service, and was there about eight months—he was a sober man; I have never seen him the worse for drink—he used to get up in the middle of the night and play the piano and sing; that was just after the family had all gone to bed; I could not say the time—he did that occasionally—one night I heard him rush up and down stairs, and pass from one room to another—I think that was about midnight, after we had all gone to bed—I was awoke out of my sleep—he went into the kitchen and broke up a chair—I can't say how; I did not see it, I heard the noise, and I saw the fragments—he was sometimes excitable; when not excited he was kind and affectionate to his children—he very often complained of pains in his head—I have often noticed him walk about the house with his hands to his head, and say, "Oh, dear!"—I left because I did not like to stay in the house with him—I was afraid; that was the sole reason why I left.

Cross-examined. The playing and singing took place several times, quite half a dozen—I had gone to bed, leaving him and his wife up—I was woke up by it—I don't know whether he had gone to bed, or what time it was; I go to sleep quickly—when he was rushing about he did not stay a minute in each room—I did not see the chair after it was broken, it was taken away—they told me it was a chair; I know one was missing, Mrs. Harding told me.

ELLEN ALLEN . I am servant to the prisoner's wife—I entered the service on the 14th May, just a week before this occurrence—on that morning the prisoner came down into the kitchen about half-past eight, went right through, and went out—about half-past ten he came in, and stood by the table, speaking to his little boy—he stood at the bottom of the stairs rubbing his head for about five minutes—he then went into the back workshop, and that was the last I saw of him—I was struck by his appearance that morning—I mentioned it to Mrs. Harding.

Cross-examined. He appeared to live happily with his wife; there was no quarrelling or anything of the kind.

JAMES GIRDLER . I am a traveller, and live at Burton Villa, Willesden—I have known the prisoner eight or nine years—I have seen more of him the last three or four years—in the last eighteen months I have noticed a great change in him—I should describe it that his intellect has not increased, it has diminished—he showed the change first by the look of his face especially, also by his actions, the way he conducted the

business, formerly so smart, now so dull—occasionally he would be talking to an imaginary party, when I have been with him, distinct from anything we were saying—I am no relation of his—I have known him more than once break off in conversation and speak of a different thing altogether—about 5th of May I called at his place and rang the bell, he came and opened the door and asked me to come in—my attention was drawn to a part of a gun on the table that had been gilded or burnished up—I asked him what it was—he said it was part of an old Waterloo gun, which was valuable—I said, "What have you gilded it up for?"—he said, "It gets rusty"—I asked where the other parts were—they were not produced—the conversation went on in the same strain, nothing important, but several times he spoke to himself, and suddenly he turned, round, took out a gun with a bayonet, and said, "You can be accommodated"—I jumped back as far as I could, and said, "Drop that, Tom, Bayonet wounds are bad to heal"—he said, speaking to some other man, not to me, "You shan t," or something; I did not take much notice of it at the time; if I had not moved back quickly, in my opinion the bayonet would have struck me full in the chest—he seemed to treat it as a light matter, more of a laugh—I was thunderstruck—I then looked at him and I noticed that his face had changed, his eyes protruded, and were staring out of his head—he seemed to be talking, not to me, but to some other man beside me—there was then a conversation about revolvers and saloon pistols, he fetched a small saloon pistol to show me, and he offered to show me a revolver upstairs, for which he said he had cartridges—he was perfectly sober; I did not notice the slightest sign of drink—he did not conduct himself like a sane man—that was the last time I saw him, and right glad was I to get downstairs—I have heard him called several names, but nothing particular that I can remember.

Cross-examined. I have known him by calling at my house for trade purposes, and in social life as well—I have known him to have a glass, but nothing more than that, not a glass too much—I have never seen him take enough to excite him—he took the gun from behind the chimney, and said, "You can be accommodated here"—that was not following any observation of mine as to the inutility of the old gun.

By the COURT. I had no reason to suppose he was other than a sober man.

HENRY PUGH . I am a tailor, and live at 68, Chalk Farm Road—I have known the prisoner something like thirteen years—I have noticed recently a change in his conduct; I thought I had offended him; it was sullenness more than anything else—his conversation has been rather disconnected—he has complained to me about his headache, and I have sympathised with him—I consider him a man of excitable temper for slight cause—I saw him on the 21st May—he then appeared very dejected—asked him how he was—he said, "I have got a frightful headache this morning"—I noticed that he was very pale; I did not notice his eyes—that was the last I saw of him—I heard of this occurrence about three o'clock.

GEORGE FIELDING BLANDFORD , M. D. and Fellow of the Royal College of Physicians. I have been in practice over thirty years, and during that time have devoted myself almost exclusively to the study of mental disorders—I was for many years lecturer at St. George's Hospital on the subject—I have been in Court during the whole of this case, and heard D 2

the whole of the evidence—I have also had the opportunity of seeing the prisoner in the prison; I have come to the opinion that he was of unsound mind at the time of his commission of this deed—I have heard the evidence as to the taint in his family on both sides—it accords with my experience and knowledge that diseases of the brain show themselves in the family pedigree intermittently—in some cases something has occurred to develop it in a particular person, which has not applied to other members of the family—I think that in a person with that hereditary taint syphilis is more likely to affect the brain than in a person not so predisposed; my experience justifies that opinion—the grounds upon which I formed my judgment as to the prisoner's mental condition are the pains in the head which he complained of to me, and which have been mentioned by various witnesses, and his forgetfulness; he told me that he remembered nothing at all of the occurrence; that he knew of nothing till he found himself in or near the Regent's Park; the various acts which I have heard related have also caused me to come to the same opinion—when I saw him there was a considerable tremor about the eyelids, and the pupils of the eyes reacted very sluggishly to light—it is in accordance with my experience that men mentally afflicted are still able to transact business and conduct business affairs to a certain extent, it depends on the amount of mental unsoundness, and the extent of the business, unless there are particular delusions which interfere with the business—taking all the circumstances into consideration, I have a strong opinion, such as I have expressed.

Cross-examined. I was with the prisoner about half an hour hero in Newgate—there was nothing irrational in what he said—I did not discover any delusion; I did not expect to find it—I questioned him as to the circumstances of the death of this woman—he told me he remembered nothing at all of the occurrence; that his mind was a blank as to it—he said he remembered going to the Victory that morning, but he remembered nothing more till he found himself in the Regent's Park—he said that he had been to Albany Street Station; that was after ho found himself in the Regent's Park—I had seen the evidence given before the Magistrate, and the statement he made, that he had shot the woman, and that it was an accident—I don't remember that I questioned him about that—I don't know that we went into that matter—I do not remember whether we asked him about it or not; I was accompanied by Dr. Savage—I assume that ho knew he had shot somebody, but he did not remember the occurrence—I asked him how he came to go to the station, so far from his own home—he said he knew the station, because he had been in the habit of going there before—I did not question him as to the reason why he had made the statement that it was an accident—I don't know that I should say that his making such a statement was strong evidence of an acute mind and of a sane man—I don't know that there would be any evidence in that to show insanity or sanity; I don't think I went into that question with him—it would not make me think him insane—I don't think it would have any effect one way or the other, because insane people often give themselves up afterwards, and make statements to exonerate themselves; that is a thing which insane people do every day, when they have committed an act they try to excuse themselves in some way or other, which is not true—I should not consider that evidence one way or the other; ho talked coherently to me,

whilst I was with him; he replied slowly and cautiously to the questions I put to him—I asked him about the occurrence, which he said he knew nothing about—he expressed no regret for what he had done—he must have known that we were doctors—Dr. Savage and Dr. Gilbert were with me—I think we said something about his taking too much drink at times; he did not say that he drank heavily—I don't think he said that he was frequently in the habit of taking more than was good for him—I think he said he had had some whisky that morning at the Victory—he did not say he was in the habit of taking too much liquor; we talked to him about what he drank, and he said what he drank was beer; I found that he had been sleeping and eating well while in prison—it is frequently the case that a man being placed under control in an asylum or prison is very much improved in his mental condition by the quiet and restraint—beyond complaining of his head, I do not think he made any complaint of physical inconvenience—there was no tenderness of the spinal cord, or anything of that kind.

Re-examined. I agree in the opinion "that insanity does not destroy the reactive powers, but occasionally suspends them"—it is common experience that persons admittedly suffering from dementia are cunning, and invent excuses; that agrees with my own experience—he told me his mind was a blank until he found himself in the Regent's Park; he did not give me to understand that he could or could not since then recall what had occurred at the Victory—this is not a case of delusion in the ordinary sense of the word; this might be called a case of insane impulse more than anything else, impulse beyond his control—the fact of his sleeping well does not in any way affect my judgment as to his mental condition—I am familiar with cases in which an insane man, after committing an act, recovers the balance of reason some time after; very often the act itself acts in such a way as to clear the mind, it gives a shook to the whole system—tracing the course of the spine is not in the least a test I think—I looked at the whole aspect of the man—I thought he would very likely become a paralytic by the action of the disease in his brain; in my opinion that was largely developed by the syphilitic taint in the system.

By the COURT. The general history of the case made me think he might become paralytic, the pains in the head and the condition of the eyes—if the act itself clears the mind, he does not necessarily go back on the particular subject, at all events not for a time; if he does not go back he might not be conscious of the act itself; if he was informed of it afterwards he would probably remember it; if he got sufficiently conscious to remember it, he might or might not forget it again, according to the condition of the brain; if he did not go back he would remember from what he was told—my opinion was founded on the history of the syphilis and the alteration in his manner, that was what I was told; the pains in the head he told me of himself; I thought that was a grave symptom in connection with the constitutional syphilis; he told me himself that he had syphilis—supposing he did know about the act, but would not tell me, I don't think that would alter my opinion, because lunatics can tell untruths as well as anybody else—that was a very small part of what went to make up my mind, I did not look upon that statement as necessarily genuine.

GEORGE HENRY SAVAGE . I am a Fellow of the Royal College of Surgeons and M.D.—I was formerly senior physician and superintendent

of Bethlehem Hospital, and lecturer on insanity at Guy's, and I have written a standard book on the subject—I have also written especially of the connection between brain disease and the action of syphilis on the brain—I have been in Court and heard the evidence in this case; I have also visited the prisoner in Newgate in company with Dr. Gilbert and Dr. Blandford—I have formed an opinion on the case founded on all those materials—my opinion is that the prisoner is of a nervous stock, that, having suffered from constitutional syphilis, he is still more likely to be nervously unstable; that the evidence of his having lost memory, and that he is excitable and impulsive, is consistent with the history given; the interview led me to think that he is dull, and to a certain extent stupid; it was with great difficulty that we could get any answers from him, though he appeared willing to answer what we asked—we examined him as to the occurrence, when he at once said he could not recollect what happened between going into the Victory and finding himself at Albany Street Police-station—physically, one noticed the tremulousness of the tongue and of the muscles about his face, and the sluggishness of the pupil; those are common symptoms in brain syphilis, so that altogether I came to the conclusion that he was probably suffering from degeneration of the brain, depending upon bad nervous inheritance and syphilis, nervous inheritance being in the family, in which there was this hereditary taint—he would be extremely liable to be easily affected either by emotion or alcohol—the appearance of hereditary mental disease is intermittent in the double sense, that some members of a family will escape, and also that it is not perpetually recurring in the same person; that agrees with my experience—this is not a case of delusions—it is in accordance with my experience that persons like this show sometimes a great amount of cunning—the presence of pain along the lumbar region might be due to physical causes which did not affect the brain; it would be no certain indication one way or the other.

Cross-examined. One would take one course or the other; I adopted the more recent method of tapping the knee, but he was too stupid to enable me to effect the test properly—I went with the idea that possibly his stupidity might be intentional, but I was rather impressed that he was more than that—I don't think it would account for the matter—there was no indication of any kind of delusion in him—he would be perfectly able to understand the nature and character of firing at a woman and killing her, so far as any delusion is concerned—I should say his going, within a few minutes, to the station and stating he had fired at the woman, and that it was accidental, might be a sign of sanity, and might not—I could not suggest anything more indicative of sanity, but any one symptom apart would not operate on a judgment" that is formed of many parts—I made yesterday a very full and careful examination of the prisoner at Newgate with Dr. Blandford and Dr. Gilbert, and discussed a long list of things, that led me to think he was insane. Q. Did you find anything indicative of his being a sane man? A. If he were insane I don't see how I can answer that; I should be very willing if I could; mere ability to answer questions may be a sane thing—I should say his sleeping well and eating well in prison was evidence of progressive mental nervousness, dementia—ordinary natural sleep and regular meals would be compatible with progressive brain wasting, such as one suggests, possibly—sound sleep

under such a charge as this would make me think it was rather more an unnatural thing than the reverse—we spoke to him as to the circumstance we had read in the evidence given before the Magistrate, his firing twice, and then at himself—he said, "I don't remember really what did take place," and therefore any further questions were almost stopped—I don't think we asked about his statement that he had fired the pistol accidentally, and that was why he tried to take away his own life—we conducted our examination independently; Dr. Blandford put his questions, and I mine without consultation with Dr. Blandford.

Re-examined. People without brain power are often among those who eat and sleep best—his showing no nervous disturbance, indicated by sleeplessness and loss of appetite, would indicate that he was deficient—I think it is likely there is paralysis in the incipient stage; there are no symptoms of it now, but, speaking prophetically, there will be—with syphiletic brain disease headache is almost always present; it is a known symptom of it—being an authority on these questions, and considering it, I see no reason to modify the opinion I have expressed as to the man's mental condition.

By the COURT. I think the prisoner did not know what he was doing at the time he was doing the act—that is assuming he does not remember—I think as in nearly all these cases of progressive weak mindedness there are outbursts of uncontrollable excitement, so that slight emotional and other causes will produce in weakminded people excitement out of all relation to the outward cause—a weakminded man with very slight cause for emotional disturbance might become suddenly passionate and beyond his own control; not that he would not know what he was doing, but that he could not control himself, then he would do something beyond any previous intention formed in his own mind—I do not connect it with anything anterior—it would alter my opinion if there were proved to be a preconceived idea—a man may have an idea which he does control for some time, and then from the effect of physical weakness or alcohol or other cause, the idea may become all-powerful, and a man who is used to carry firearms would be likely to use them, just as another man would be likely to use a razor; it is the passion of the moment—I should not have the same opinion to the same extent if it were the carrying out of a preconceived idea—in syphilis there is first the acute disease, which after a time possibly is cured (some say it is never cured), then there is the secondary or more constitutional symptoms, and in many cases these only show themselves under certain conditions; in many men predisposed to nervous disease by inheritance and disease and drink syphilis might reappear, though apparently cured for twenty years—as to the hereditary taint, one has seen marked recurrence in great-grandchildren; grandchildren frequently—there was nothing up to Stephen Brazier, four generations back—it is the grandson of the great, great-grandfather; but if you have one fairly strong taint on one side, and ever so slight a taint on the other, it becomes accentuated out of all proportion.

MR. FULTON called as witnesses in reply,

DR. SHEPHERD. I was for twenty years the medical superintendent of Colney Hatch Asylum, and I am late professor of psychological medicine in King's College—I visited the prisoner at Holloway, with a view to ascertain his mental condition, on 17th and 21st June—I thought

him a morose and sullen man; there was not much to be elicited from him, but the questions he answered he answered coherently—he said he had been living rather a fast life—I asked him whether he was in the habit of taking alcoholic drinks, and he said, "No, very, sparingly," but he admitted that he occasionally had a glass of whisky—I don't think he said what effect it produced on him—from my whole conversation with him I did not discover any indication of his being of unsound mind; I thought he was of sound mind—I examined his eyes and spinal cord, but found no indications—I tapped down the spine from top to bottom, and asked him if it gave him any pain, and he said, "No; not the least"—I thumped him rather hard with my fist; there was no violence about it—his pupils were quite natural, sensitive to light—he presented no symptoms to me of general paralysis; I saw no symptoms threatening paralysis—I asked him if he recollected what had occurred on 21st May, and to give me some account of it, if he did it—he said he had very little recollection of it, but it must be true because it had been sworn against him—that was all I could get from him—I repeated the question at my second visit in the same way, and had the same answer—he was evidently dull and stupid, and unwilling to communicate—I did not tell him who I was before I spoke to him.

Cross-examined. I am not in active practice now—I am occasionally consulted, but I have really retired, and do not lay myself out for practice—I retired in 1883—Dr. Savage's opinion on these matters is unquestionably considered by the profession a valuable one, a very high one indeed—the Treasury requested me to go and see the prisoner on the 15th, I think, and I went on the 17th—sullen and morose is not the same as dull and stupid—he was sullen and morose in appearance, not in language, he was very reticent—I thought him dull and stupid; that is the explanation of what I thought his unwillingness to communicate—it is quite true that insanity does not destroy the reactive powers, but occasionally suspends them—it is not necessarily a proof of his sanity that the prisoner was able to give a rational account of what he had done, and reason upon it; it would be a circumstance to be taken into account; it would not be inconsistent with his having been insane at the time he committed the act—no reliable opinion can be formed from one set of circumstances, but the whole history of the matter must be taken into account; the inadequacy of motive, the openness with which it was done, his condition subsequent, and whether the crime was committed against a person he was much attached to, must enter into the question—I have heard of the case of Murray, in which the jury, having acquitted the prisoner on the ground of insanity at the time the act was committed, it was proved the accused had recovered his sanity eight hours after he had killed the deceased—it is a fact recognised by our profession that the mental tension caused by the performance of an act of that kind causes sometimes a temporary recovery of the faculties—it is within my reading and my experience that a man may be calm, and express neither regret, remorse, nor fear; he may coolly contemplate his victim, confess the deed, and at once surrender himself to justice, that is not inconsistent with mental unsoundness at the time the deed was committed—in some rare instances he may conceal himself, hide the weapon, and, like a sane criminal, endeavour to obliterate all traces of the crime, thus showing a perfect consciousness of the illegality and wrongNoise, we got out, and went off. I put the Cap and Wig in my Pocket; Pritchard and Morris put the rest of the Things into the Bag, as I handed them out. Then we made the best of our way, and took spell and spell, turn and turn to carry them to Rag-Fair, and we got there between two and three; from thence we went to Salt-Peter Bank, to a Glass-house, which is tumbled down, and we hid the Things under the Rubbish, and stow'd Bricks upon them. Happening to see Mary Eades there, (for 'tis a common Place for such People) she told us, she knew a Place where they bought such Things. I asked her, if she would sell them for us, and told her, we had stole them; she said, she knew a Case, where she could dispose of such Things; so I gave her the three Porridge-pots, and the six Sauce-pans, to another Woman who was with her. They went away together, and came back for the Dishes; we gave them the Dishes directly, and then they went away, and brought us 25 s. G - d d - m your Blood, you B - ch, says, Pritchard to Eades, have you brought us no more? she said, no, she could not get any more. About two o'Clock that Afternoon, I sold the Wig, and the Cap for half a Crown each, which made just 30 s. together, and Eades had 4 s. for her Trouble; 2 s. we spent upon her, and divided 8 s. a piece. The 2 s. we spent at an Irish Man's at Salt-Peter Bank, at the Sign of the Hoop: After this, I did not see them for a matter of four Months.

Eades. Daniel Shaw , Can you say I received the 4 s. from you?

Shaw. She kept 4 s. out of the Money. She said, she had sold the Pots to one in Bishop's Gate street; I sent Word to the Prosecutor, but there was no such Person to be found.

Eades. Who was the other Woman that was with me?

Shaw. Phoenix, was with you.

Robert Clark . I was at Justice Farmer's to have a Warrant discharged; and while I was there, Shaw came voluntarily, and made this Information: I staid while he made it, and by his Direction we took the three Prisoners.

Morris. I can prove where I was when the Robbery was done.

Pritchard. I am as innocent as the Child in its Mother's Womb.

Eades. Shaw quarrelled with me about fetching a Hat out of pawn, and because I would not, he has made himself a Puff. I was drinking a Dram, and he came with these Gentlemen, and said, these are your Prisoners; I said, Daniel, you know Phaenix has got the Hat: I shewed her where to pawn it; and he gave me a Quartern of Gin, and told me he stole it from a Man, in the first Field in Stepney.

John Turner . Morris came to work with me (a Sawyer) March 27, and staid 7 or 8 Days; during which Time he behaved well.

Thomas Wisdom , gave the same Evidence.

Several others appeared to Morris's Character, who had not heard ill of him before. Guilty , Morris and Pritchard. Death . Eades, Transportation .

Terence Brannikan.
21st July 1736
Reference Numbert17360721-44
VerdictGuilty > theft under 40s

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52 Terence Brannikan , was indicted for stealing three Buff Leather Hides, and one Neats Leather Hide , the Goods of Peter Esdale , July 9 . Guilty. 39 s.

[Transportation. See summary.]

Elenor Cary.
21st July 1736
Reference Numbert17360721-45

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53 Elenor Cary , was indicted for stealing a Cambrick Apron, value 3 s. the Property of a Person unknown. and two Holland Aprons, value 4 s. the Goods of John Freeman , July 15 . Guilty .

[Transportation. See summary.]

Hannah Thompson.
21st July 1736
Reference Numbert17360721-46
VerdictNot Guilty

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54 Hannah Thompson , was indicted for stealing a Feather-Bed, a Bolster, two Pillows, a pair of Sheets, two Blankets, two flat Irons, and two Pillow-bears, the Goods of Sarah Hunter , in a Lodging, let by Contract, to be used by Hannah Thompson and her Husband . It appearing the Prisoner had a Husband, she was acquitted .

Old Bailey Proceedings punishment summary.
21st July 1736
Reference Numbers17360721-1

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The Trials being ended, the Court proceeded to give Judgment as follows:

Receiv'd Sentence of Death 7.

Thomas Rickets , Thomas Mills , John Maxworth otherwise Paddy otherwise Parliament Jack, John Kelsey , Stephen Phillips , Thomas Morris , and John Pritchard .

Transportation 22.

Ann Weakley , Robert Folgey , Elizabeth Barnwell , Nicholas Hibbins , Dorothy Edwin , Elizabeth Smith , Robert Corff , Hanah Cross , Lydia Wright , Elenor Seaton , Ann Buzel , Owen Griffith , Ruth Surrey , Charles Thomas , Ann Eaves , John Cisti , Thomas Powis , William Netherwood , Elizabeth Williams , Mary Eades , Terence Brannikan , and Elenor Cary .

Burnt in the Hand 2.

Robert Hussey , and Avis Nutton .

Old Bailey Proceedings advertisements.
21st July 1736
Reference Numbera17360721-1

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