Old Bailey Proceedings.
5th April 1858
Reference Number: t18580405

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Old Bailey Proceedings front matter.
5th April 1858
Reference Numberf18580405

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


OLD COURT.—Monday, April 5th, 1858.


Before Mr. Recorder and the First Jury.

5th April 1858
Reference Numbert18580405-360
VerdictNot Guilty > unknown

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360. AUGUSTA LAIGH (28), was indicted for unlawfully inflicting bodily harm on Susan Dean.

MESSRS. BODKIN and POLAND conducted the prosecution.

SUSAN DEAN . I am sixteen years old—I was brought up in the Islington workhouse—not all my life; I went there after my mother died—I cannot tell how long I was in the workhouse—I think I was ten years old when my mother died—in June last I went into the service of Mrs. Laigh, at No. 10, Park Place, Liverpool Road, Islington—she keeps a lodging house; I used to be in the kitchen—I had a fellow-servant named Ellen Morgan; she came there the week after I was there—she come from Hornsey School, the Parish School; she used to wait on the ladies and gentlemen—she attended to the door—my uncle fetched me away on the Monday before Christmas—on the Thursday before that Monday (the 17th Dec.), Mrs. Laigh did. something to me; I think it was a poker that she hit me with; I cannot recollect it now because my head is so bad—she used to beat me nearly every day, sometimes with a poker, sometimes with the brushes, and everything she could get hold of—she hit me with the poker on my head sometimes; it was on my head a'most—I was beaten a good many times with the poker during the last week before I left; she beat me nearly every day, and with the poker—she also beat me with the chopper, the hearth-brush, the fire-tongs, and everything she could get hold of—it was the back part of the chopper that she struck me with—I was beaten sometimes because I could not wring the clothes dry, and

sometimes we used not to get up early, and then mistress would beat us for that—during the last week I was beaten for not wringing the clothes property, and sometimes for not getting up—sometimes my mistress used to say, "If anybody comes, don't say nothing, and I will give you something," when they did not come; and if they did come and I did not say anything, sometimes she would give me a little bit of meat, or a potato or two, not to tell—my uncle came on the Monday as Christmas 'day came on the Friday—he saw me in the front kitchen—Mrs. Laigh was there all the time—I had a black eye, and my face was as green as a berry—my head was very bad, it was all cut—myhair was cut short; I cut one part, and my mistress cut one part, it was soaking with blood, and then I cut it and she used to cut it—when my uncle came, my mistress spoke up, and said it was my fellow-servant beat me, when she did not; she never did anything to me, she never lifted up her hand—whenmy mistress said that, I did not say anything, because I was frightened that if I said anything, when my friends were gone, she would beat me—my uncle said to me, "Is your mistress speaking the truth"—I said, "No, uncle, take me away"—he did not take me away at first, because my mistress would not let me go at first—my uncle left, he returned I should think from about ten minutes to half an hour—he then took me away—tny mistress kissed me when I was going—I was down stairs when my uncle there to take me away; my mistress came and told me that my uncle was there, she kissed me, and said, "Don't say nothing, Susan, and then I will give you your ten shillings; that was my wages—I had not been paid my wages—after she kissed me, she put me on my fellow-servant's bonnet and shawl, and then she kissed me, and said I might go, and I went—I was taken to the workhouse; and I could not move hand or foot hardly; I was in bed for a month"—I had no other fellow-servant but Ellen Morgan.

Cross-examined by MR. SERJEANT BALLANTINE (with MR. SLEIGH.) Q. Had you been in the workhouse from the time you were ten years old? A. I think I had, I would not be quite sure; I was there from soon after my mother's death—Ellen Morgan was also a workhouse girl, but I never went to Hornsey where she lived—I did not know her before she came to Mrs. Lajgh's, only by being with my sisters—I went to Mrs. Laigh's in June, I think; I came away in Christmas week—Mrs. Laigh began to beat me with the poker immediately after I came; not the first week I was there, but the second week she beat me with the poker over the head very hard I have no recollection of her beating me at all the first week; she did not begin to beat me with the tongs the first week, the next week she did, and I think it was the next week after that she beat me with the chopper—she continued from that time to beat me every week with the poker, tongs, or chopper; I never went a day hardly without I had a crack or something on me from the poker, tongs, or chopper as hard as she could hit me—the chopper was like what the butchers have to chop meat with—it was iron—it used to be hung up by the kitchen fire place—it was in the house when I went there—she used to take it down and strike me with it if she could not get anything else—I think she has struck me about half a dozen times with the chopper—she struck me at the lower part of my back—Ellen Morgan and I never quarrelled at all; we never had any words; we were quite as happy as if we were two sisters—she came to Mrs. Laigh's the week after me—I am quite sure we never quarrelled at all, and never fought—I used to tell her sometimes of my mistress' ill treatment, and sometimes she could see the mark on iny head—I do not think Morgan is bigger than me—

the workhouse is a good step from Mrs. Laigh's; I could go it in five minutes—they always treated me kindly at the work-house—Iwas not afraid of them—I did not go to the workhouse and, complain of being ill treated, because I was always in the kitchen, and my mistress used to threaten us that they would never take us in the workhouse again after we once went out; that was the reason I did not go and complain—I did not like to go after she said they would pot iake me again—used to say that very often—I think it was the third week that she began to say that, of a night—mymistress was always out in the morning for about an hour, but she always used to leave me my work to do—I did not go then and complain, because I had no shoes to my feet, I could not get out—she did buy me one pair of shoes, but I did not have them hardly; I never hardly wore them—I think it was the second week that she bought them; before that I had a very tidy pair of shoes which they gave me at the workhouse to go out in—she bought, me another pair, because she did not like to see me in the workhouse clothes—shenever gave me any dress, only, the shoes and half a dozen pairs of old ragged stockings that she bought at a rag shop, and she charged me more than I should have to pay for them—she deducted it from my wages, and the shoes also; she bought them at the rag shop—she never gave me any dress, only one that she bought at the rag shop too; she said it was a young lady's dress—it was a thin black muslin one; it only lasted me a week—the shoes I had from the workhouse were not very good when I went there; they were good enough to walk to the workhouse in, but I did not have them, because my mistress did not like to see me in the workhouse things—when my mistress used to go out she told me I was. never to go up stairs to the door, and I did not know what I should do, if I should be doing right—she would never let the lodgers see me, because my face was all black—she often used to threaten, me, and say they would not take me in the workhouse again, and I was not to stir up stairs, I was always to be in the kitchen—I always did remain in the kitchen when my mistress was out—I was in the back and front kitchens; and I sometimes used to go and help Ellen, make the beds, then I went up stairs, but I could not get out at the door—I could not have got out if I had tried, because there would be, all, the neighbours asking me where I was going to had never been to service out of the workhouse before, and I did not know what they would do to me; if a policeman or anybody had caught me in the street I did not know what might have done to me—that was the reason, and I am always frightened of anything—I never went put while my mistress was out—I never went out at all never went out at all when she was out—I am quite sure about that—there were two lodgers in the house, Mr. Brown and Mr. Carruthers; Mr. Brown was not at home—the Rev. Mr. Bousfield was also there, but he used to be out now and then; his wife was at home now and then, but I never saw them, only once or twice—they had no family—they had the upper part of the house—they did not stop there very long—they were not there when I went, they came afterwards—there waa another lodger before Mr. Bousfield came, and there were two ladies there when I first went, then there was another lady and gentleman came after that, and then Mr. and Mrs. Bousfield came, and after a bit there was a lady and six children, but I never saw that lady or the children—Mr. Bousfield had some beer in the kitchen—he used to come down every day to draw the beer in the afternoon and at night—mymistress went out shopping mostly every morning, but not every morning, and after she returned, the tradesmen used to bring the goods, but Ellen went up to the door, I never did—Ellen never ill-treated me, she saw the assault committed on me early with the poker, but not always—she saw her beat me once or twice in the second week after I came there—I have, not seen Mr.

William Hicks Here to-day; he is the relieving officer of the parish of Islington—Iused te see him at the workhouse; he did not call to see me, but to see Ellen Morgan; but he saw me with a black eye, and called me near the window, and my mistress said that Ellen did it—I cannot recollect when that was—I did not say that Ellen had done it, or anything about her—I am quite sure I never said anything either about my mistress, or her either—I never said that Morgan had done it—I kaew she had never done it, it would be a falsehood if I said she did—I am quite sure that Ellen never did such a thing, and I never said it—Morgan has never struck me with a poker or a brass candlestick—my mistress never came down stairs and found that I and Morgan had been fighting; we never fought at all—my mistress did not send her little boy for a policeman; there was not a policeman come at all—Iknow a policeman's uniform; there was no policeman—(Michael Farrell, 249 N. was coiled into Court)—I know that man; he did come; he came into the parlour—he had the police clothes on—that was a short time before I left; but I' do not recollect when—I was not bleeding when he came I cried—it was in the afternoon part—I think I had a black eye—my mistress did not say to the policeman, "My servants have been fighting in the kitchen, and one has struck the other"—I was in the kitchen, and my mistress saw a policeman go past, and I suppose she called him in because my sister came to see how I was, and my mistress would not let her see me; she wanted to see me, because she knew I was being cruelly used—I think ny mistress sent for a policeman I am not quite sure—she sent no boy; I never saw her send anybody, and we were down in the kitchen—no other policeman was sent for at all; only that one that came in the parlour—he did not ask me who had struck me—he never said a word to me—I did not answer—"the other servant"—Inever said a word about my fellow servant—Mr. Carruthers was one of the lodgers in the house; before he lodged there he used to come in the afternoon and sometimes in the morning, and my mistress used to go and sit in the parlour with him, and after a bit he came to lodge there—the policeman did not; ask the defendant if she would give the other servant into custody—Ellen Morgan did not say "Pray mistress do not; I will never do it again; she struck me first, and, in trying to take the broom out of her hand, she fell down and cut her head;" she never said a word, and she never did it; the policeman neither said or did anything to us—I have heard that my mistress and Mr. Carruthers were great friends; my mistress told me so, but nobody else; she used to come down in the kitchen and say all manner of things—I am in the workhouse now; I have not been talking to any of the people about Mr. Carruthers, only to the doctor—Mr. Catruthers did not complain that I and the other girl were always quarrelling and fighting; he has never caught us quarrelling and fighting, nor have any of the lodgers—my mistress never would let me see them; she said if I saw the lodgers she would box my ears—Mrs. Bousfield had left some time ago—this hurt me very dreadfully; I did not scream much, because I dare not—I represent that I went on from June to Dec., beaten every day with a chopper, or poker, or tongs; I never went a day hardly without being beaten with them, or brushes, or anything she could get—Mrs. Bousfield used to come into the kitchen sometimes; she never spoke to me about my being beaten, I cannot tell you what aged woman she is—I did not tell her because my mistress was there—I knew she was the wife of a clergyman—Ithought she was married to Bousfield, and sometimes she used to come down and tell mistress what to cook for her, and sometime mistress would tell me to go into the back kitchen—Mrs. Bousfield has not been in the kitchen without Mrs. Laigh, only for the beer sometimes, but only once when

I was alone—Mr. Bousfield called "Ellen," and then he said "you had better come;" I said "I cannot, Sir; I must not," and then mistress came and attended on him—I did not make a complaint with a clergyman and his wife in the house, because I never saw them—there was Master James in the kitchen, and wherever I went to he would tell his mamma; I was threatened not to go out of the kitchen, because when mistress came home she would beat me—she sometimes beat me whether or no—I am not positive what she beat me for on Thursday 17th Dec., I think it was for getting up late—I am not positive whether Ellen saw her beat me on Thursday—I think it was in the morning part that, she beat me on the Thursday—before my uncle came, but I am not quite sure—I think it was the poker she beat me with, but I cannot recollect—she beat me on the Friday, I think it was with the hair brash, and I think with the chopper too; I am not quite sure—she beat me twice or three time that day; sometime she would get the poker or a fire brush, or the hair brush—she hit me with the chopper on the Thursday, I think it was in the afternoon part—I think Ellen Morgan saw her Strike me with the chopper, ahe chopped a bit out of my arm here, there is another place; both of these were done with the edge of the chopper but not both on the same day—the one here was done three days before the other, they were both done in the same week, I had a cut on my head the first morning my uncle came—this mark (On the outside of her right arm) was done last; I cannot recollect when, or whether it was done in the week before my uncle took me away—I was washing when it was done, and had my sleeves up—thechopper had a wooden handly, she caught hold of the handle with both hands, and my hand was so on the bath in which we were washing; I was trying to ring the clothes—I cannot wring with my right hand, I never can do any thing with that—it was because I did not wring the clothes dry—my arm was resting on the bath, and she came very slyly and done it from behind—Ellen Morgan saw the Chopper used, but not when this wound was done just here—my mistress gave me the other wound inside my arm just before dinner timer; I was washing, and had just done wringing one of the clothes, and she took it up and wrung it again because it was not wrung dry enough, and then she came slyly behind me, and said, "You must try and wring the clothes dry; and I said, "I cannot"—she did the second wound two or three days after the first, I was washing then; we were always washing—she did both with the chopper, and when this place got better she hit it again with a poker and made it come worse—I think it was for not lighting the fire quick enough that she struck me with the poker—I have no wound on the other arm, but the poker has made it as hard as a stone by continually beating on it, and I cannot move it—Ellen Morgan saw all these blows; I could not pull my gown off of a night, because my arm was so bad, and sometimes I had to lay in my clothes—I have a sister named Elizabeth, she came to the house about the middle of Oct. and saw me with a couple of black eyes—she did not ask me how it was done, my mistress told her that me and Ellen had been fighting—she is not married, but she is a great deal older than me—she did not ask me how it was done as my mistress told her that me and Ellen had been fighting, that was in Ellen's presence—I think my sister said that if she heard of any more fighting she would take out a warrant; my mistress said that she said so—my mistress being present prevented my telling the truth to my sister, she used to threaten to beat us, and we were both afraid to tell my sister the truth.

MR. BODKIN. Q. When was it that Mr. Hicks came? A. I cannot tell; it was I think a month or six week before; he did not come to see me, but to

see Morgan—Mr. and Mrs. Bousfield stayed in the house more than two weeks; I had nothing to do with them, that was Morgan's business—my mistress used to tell us all manner of things about Mr. Carruthers, but I cannot recollect them—she never told us what he came there for; she used to come and say that she had been sitting with Mr. Carruthers—Mr. Carruther was not a lodger in the house at that time.

ELLEN MORGAN . I shall be fifteen years old on the 2d of next May—I had been an inmate of Islington Workhouse five years, and was so when I went into the defendant's service—I cannot tell you where my father is, but my mother died in Islington Workhouse during the latter part of the time I was at a school at Hornsey, which is some distance from the workhouse—from there I went to Miss Daniels', in the Hornsey Road, for eight months, and a woman took me from there to Mrs. Laigh's, taking me to the workhouse first, but I did not stop at the workhouse—I do not know whether Miss Daniels gave me a character to Mrs. Laigh—I did not know the young woman Dean till she came to Mrs. Laigh, she was there before I went—there was no other servant there when I went—my duty was to attend on the lodgers upstairs—Ianswered the door of the house, and Susan Dean used to do the kitchen work—Mrs. Laigh did the cooking, I and Susan Dean did the washing, we used to wash every week—I remember her going a way, it was on Monday the 21st as Christmas Day was on Friday—within the last four or five days before that Mrs. Laigh Laigh hit her because she could not wring linen with her right hand—wewere both washing at that time in the front kitchen—I think it was a poker she hit her with—I cannot exactly say where she hit her—we then went straight on with our washing—Susan complained that she was hurt in the lower part, I think, but I cannot exactly say—on the next day, Friday I saw Mrs. Laigh strike her with a chopper, I cannot recollect what she was doing, it was after we had done washing—we had not been washing that day we had finished on the Thursday—the flat part of the chopper struck her on the back, on her shoulder—Mrs. Laigh gave no reason to me for striking her—Icannot recollect her saying anything or finding fault with her—on the Saturday night she was lifting a basin of water, and happened to upset some and Mrs. Laigh took down the chopper from the side of the fire-place where it hung, and hit her on the lower part of her body and. on her shoulders with the flat part of it—I was behind—I did not see anything more done to her that day but on Sunday morning there was some tea in the tea-pot which one of the lodgers had left, and Susan poured it out, and began drinking it; Mrs. Laigh came down stairs and said, "Who took the tea out of the tea-pot?" Susan said, "I did, ma'am;" she said, "What business have you to take the tea out of the tea-pot, because I wanted it myself?" and hit her across the mouth, with the back of her hand—I did not see her struck by Mrs. Laigh at any other time during the last week—I saw the back of her head bleeding on the Thursday or Friday, she cut her hair, and Mrs. Laigh cut some of it—I saw the blow struck that caused the bleeding—Mrs. Laigh struck that blow with a poker—shedid not wear a cap or anything on her head, because nobody used to see her—I did not notice any other appearance of violence about her only the two black eyes she had when her uncle came—she had them before her uncle came, and they continued until he came; they were going away when he came—I cannot recollect that I saw any blow struck which caused those black eyes—I remember her uncle coming—my bonnet and shawl was put upon her to go away in—she had no bonnet and shawl of her own only an old bonnet not fit to wear—as she was going away, mistress said she would give her 10s. if she did not tell that she had beaten her—I never struck Dean

—sheand I never fought, I swear that positively—we were on good terms, we never used to quarrel—I never struck her, and she never struck me.

Cross-examined. Q. When did your mistress first begin to ill use her? A. About three months after she was there, I can't say exactly—she never made any complaint before that, and I never saw any thing done—we used to wash once a week, beginning on Monday and ending On Thursday—(Looking at the founds on than's arm) I never saw those before, to my recollection—she and I never quarrelled, I swear that—we never had any words all the time she was there—I never took up the poker to her or a brass candlestick—the lodgers could not say that we were alway fighting and quarrelling, because we were not; we never did fight and quarrel—mistress used to go out every morning about 11 o'clock and remain till about 12 o'clock; while she was away, sometimes we were washing, and sometimes I was up stairs doing my work, and Susan Dean was down stairs—I can't say that my mistress never ill-treated me, she did sometimes—she never used such a thing as the chopped to me, or the poker or tongs, she used to hit me with her hand sometimes—whenshe was out in the morning, we were washing, Dean used to be down stairs doing the kitchen work, I was up stairs making beds and cleaning the rooms—Dean was not very sharp—we did not like to tell the lodgers or to make any complaint—I did not like to make any complaint—I left Mrs. Daniels because she was going to take apartments, and give up her house—I used to go out often to bring in meat and other things—I remember Dean going out a short time after we had been there, and losing her way—I remember a policeman being sent for when Dean's sister came to see her, and mistress would not let her; the sister sent the policeman in, and he went into the front parlour and spoke to mistress—I do not recollect his speaking to me—(Farrell was here called in) that is the man that came—at that time Dean was not sitting on the stairs with her face bleeding; she was down stairs in the front kitchen—I do not recollect coming up to the policeman—I cannot recollect her accusing me of having made her face bleed—I cannot recollect her saying that I had struck her and made her bleed—I cannot recollect saying that I had done it—I cannot recollect the policeman asking my mistress if I should be given into custody for beating the other servant—I did not say, "Pray, mistress, don't, I will never do it again; indeed she struck me first, and in trying to tike the broom out of her hand, she fell down and cut her head"—Ican recollect quite well that I never said such a thing, or any thing of the kind—I cannot recollect that I ever said such a thing—I cannot recollect the policeman speaking to me, or my speaking to him—I cannot recollect saying that Dean had struck me first—I did not tell him that I had tried to take the broom out of her hand, not as far as I can reollect, nor that she fell down and cut her head—I cannot recollect that I ever said it—I do not recollect what passed when the policeman came—I only recollect that the sister sent him in, and that mistress took him into the front parlour and spoke to him—I was cleaning the window, and I went out while my mistress was there with him—I was not in the room with them—it was some time in the afternoon—Mrs. Laigh did not send her little boy for the policeman, as I recollect Dean's sister sent him in—I do not recollect that I heard Mrs. Laigh say to the policeman, "My servants have been fighting, and one has struck the other with the broom handle"—I do not recollect that Dean was then sitting on the stairs with her hand to her face, and that she took her hand away, and the policeman saw the blood; I do not recollect it at all—Icannot recollect saying that she had fallen down as I was trying to take the broom out of her hand—I was not examined before the Board of Guardians,

I was asked some questions—that was the day I was brought away from Mrs. Laigh's—I was asked if I had ever seen Dean struck, and I said I never had.

COURT Q. Did you see any blood when she was struck with the poker? A. I cannot recollect being there when she was struck with the poker on the arm.

MR. POLAND. Q. Do you remember Mr. Hicks, the relieving officer, calling? A. Yes, I heard my mistress say that I had struck Dean, and I admitted that I had.

MR. BODKIN. Q. What was your motive for saying that? A. I was afraid of telling the truth; I was afraid of being hit and knocked about again by my mistress.

CHARLES DEAN . I am a shoemaker, and live at No. 4, Nottingham Place, Upper Holloway—Susan Dean is a niece of mine—in consequence of what I heard, I went to Mrs. Laigh's on the Monday before Christmas day—I saw my niece in the kitchen; Mrs. Laigh was there—I found my niece in a very deplorable state, both in filth and braises, so much so, that I did not know her—her eyes were black, her hair was cut short, and she had wounds on her head—Mrs. Laigh said that she was a very bad girl, and laid a great many things to her charge—I then walked across the kitchen to the girl, and asked if her mistress was speaking the truth—she replied "Take me away, uncle;" upon that, Mrs. Laigh flew into a violent rage, and rushed to the fire-place; she said that the two girls had been fighting—both the girls were present—neitherof them said anything—Mrs. Laigh said that some of the bruises on the girl were from falling from a chair in the garden, and many other things she said that I cannot tax my memory with—I then went to the workhouse; and got their permission to receive her, and then I returned and fetched her away.

Cross-examined. Q. Is she your brother's child? A. Yes—I do not know how many years she has been in the workhouse—she has been at several services, and when she has been out of place she has gone there—I think she was at several places before she went to Mrs. Laigh's; I really do not know what places they were; I have been out of the family for some years—I have heard from her father that she has been in places; he lives in Islington workhouse—I know nothing about it of my own knowledge.

THOMAS GEORGE GRAVES . I was the medical attendant residing in Islington workhouse—when Susan Dean was brought there on Monday, 21st Dec., I examined her—I found five wounds at the back of her head, each about an inch in length, and the marks of two in front just about the forehead, those had healed—I should say none of those at the back were more recent than three or four days; the skin was cut—there were several other injuries—she had an abscess on the right arm, just below the elbow, which broke the next morning; that might have been caused by a blow, or by natural causes—therewas an inflamed state of the skin covering the left blade bone; the same in the left arm above and below the elbow, and the left knee was inflamed—therewas also a bruise on the right side, and the left eye was black—the abscess on the right arm was just below the elbow—I have been in court and heard her examined (looking at her arm); I did not notice these marks at the time, I only noticed the abscess—this mark I should say was the opening of the abscess (this was the mark of one of the wounds spoken to by the prosecutrix)—Ishould say that is where the abscess healed from the appearance of it—thereis the trace of a slight wound on the other side of the arm—I cannot form any judgment within what time that wound had been inflicted; it was

not a fresh wound when she was brought into the workhouse, or I should have observed it; there was an extensive bruise on the right side and buttock—I did not attend her until she became convalescent, she went under the care of Mr. Ede, the Surgeon.

Cross-examined. Q. In what state was the abscess when you saw it? A. Almost breaking; I should say it had been gathering at least four or five days—there was no external wound there.

COURT. Q. In what state was the abscess when you saw it? blow have been inflicted? A. I say five days, the abscess would follow on the wound—there was no cut or wound.

The Jury expressed their opinion that the evidence of the two first witneesess was too contradictory to be relied upon.


5th April 1858
Reference Numbert18580405-361
VerdictGuilty > unknown; Guilty > unknown

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361. LETTICE MORTON (23) , stealing 122l. the money of Charles Lears, in the dwelling house of George Barrett.

MR. COOPER conducted the Prosecution.

After a portion of the evidence had been gone into, MR. METCALFE for the prisoner, stated, that she would withdraw her plea of Not Guilty, and plead Guilty; upon which the Jury found her GUILTY .

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

ROBERT ROBERTS . I am Governor of Bedford gaol. I produce a certificate (Read: "Bedford Quarter Sessions, Oct. 1853; Lettice Wells, Convicted of larceny as servant; Confined three months.")—I was present at that trial, the prisoner is the person.

Cross-examined. Q. Did not the prosecutor in that case take her into his service afterwards for twelve months? A. No; for it so happens that I took her myself, but she did not conduct herselfsatisfactorily—during her imprisonment her conduct was very satisfactory, and in consequence of that I took her into my service.

GUILTY .— Confined Eighteen Months.

5th April 1858
Reference Numbert18580405-362
VerdictGuilty > unknown

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362. MARY ANN SHEEN (17) , Stealing 1 watch, value 4l.; the goods of Joseph Garwood, from his person.

JOSEPH GARWOOD . I am a porter, and live in Mansfield Street. On the night of 17th March, about half past 11 o'clock, I was in Bishopsgate Street, and the prisoner came behind me, took hold of me, and said to her friend,"This is my brother," and then took, my watch out of my pocker—I afterwards picked it up of the ground and, gave her in charge—my chain was not broken, only the ring of the watch.

JOHN HENWRIGHT (City policeman, 647). The last witness gave the prisoner into my charge—I produce the watch, the ring is broken, the glass had fallen out, but I put it in.

Prisoner's Defence. I was very tipsy, and did not know what I was doing; I walked a little way with him, but do not know anything about his watch till I heard it drop nearly a yard behing me; I never touched the watch.

JOHN HENWRIGHT re-examined. She was the worse for drink, but knew well what she was about—the prosecutor was quite sober.

GUILTY .— Confined Four Months.

5th April 1858
Reference Numbert18580405-363
VerdictGuilty > unknown

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363. EDWARD MORRISS (26) , Feloniously breaking and entering the warehouse of Elias James Crocker and another, and stealing therein 736 yards of canvas, their property.

MR. COOPER conducted the Prosecution.

THEODORE HALSTEAD FOULGER (City policeman, 561). On Saturday

afternoon, 17th March, I was with Harms, another officer, in the Old Bailey, and saw the prisoner come out of Newgate, where he had been to see a friend—Itook him into custody, and told him I was an officer, and that he was charged with stealing eighteen bolts of canvas—I put him into a cab and took him to the station.

JOHN HUTSON . I am a potman at the George, in the Old Bailey. I know a man named Franklyn, I saw him there on 2d March with the prisoner and another man—the prisoner gave Franklyn a piece of canvas—I was having my dinner at the same table at which they were sitting; the prisoner and the other man left about 3 o'clock, and I did not see anything of them again that day.

THOMAS FRANKLYN . I am a butcher, of No. 1, Neville Street, Vauxhall. On 2d March, I was in the George public house, Old Bailey, and a man who was a stranger to me got into conversation with me—about an hour afterwards the prisoner came in, and the prisoner told him that I knew a party who would buy his canvas—while we were talking Mr. Howes came in and I told him that that was the party who would buy it—I had some conversation with Howes, and he afterwards spoke to the prisoner who produced a strip of canvas—he agreed to purchase it at 8d. a yard, and the prisoner sold it to him—he said it was in strips and pieces—he and the other man said that they had to go about six miles.

Cross-examined by MR. METCALFE. Q. Where is your shop? A. I was in Marlborough Road, Chelsea, for eight years, till the last twelve months, as a master butcher—I still serve a few customers, and get a job or two at killing—I buy in Newgate Market—I left the shop in Marlborough Road because I let it at 50l., and took another shop in Larkhall Lane, where I lost all my money—I often go to this place in the Old Bailey; there are a great many butchers there—I never saw a card or domino in the house—I left word at Marlborough Road where I had gone to—what I owe there is very trifling—Mr. Howes keeps a marine store shop; I often met him there—I think I had seen the prisoner once before.

JAMES HOWES . I am a marine store dealer, of No. 33, Fleet Lane, Old Bailey. On 2d March, about 3 o'clock, I went into the George, in the Old Bailey, and saw Franklyn, who introduced me to the prisoner—he showed me a piece of canvas, and said there was about 1000 yards—he asked me if I would buy it—I said, "Yes," and agreed to give 8d. a yard—he said that it belonged to a party who was a little hard up for some money, and that they had got to go five or six miles for it—they went away, and about 8 or 9 o'clock he came again with Franklyn, with the canvas, in a cart with a pony—Ibrought it to my shop—there were eighteen bolts of canvas—I did not buy them because I did not like the look of them—they were taken by Harms, the policeman, to the station—I went to the police, and asked them what I should do with it.

HENRY WEBB . I am a sail maker, in the employ of Crocker and another, of No. 114, Minories. These eighteen bolts of canvas correspond in quality, quantity, and maker's name with some which were in our possession on Tuesday,2d March—I closed the warehouse at 6 o'clock, seeing everything secure—on the 3d, when I went, I found the premises had been entered, and the canvas stolen—my employers had had notice of it on the 2nd—I do not know the prisoner.

Cross-examined. Q. Do you sell canvas in this state? A. Yes; or make it up into sails—we have it from the manufacturer, Corsair, of Leith—they

make for other people—we sell hundreds of pieces like this in the course of a year, and thousands made up into sails—many other houses in the trade sell it also.

JURY. Q. What is the value of it, retail? A. 11d. a yard; but it varies in different qualities.

MR. METCALFE. Q. Are there often forced sales? A. Yes.

BOLE HARMS (City policeman, 288). On Tuesday evening, 2d March, about 8 o'clock, I was on duty in the Old Bailey, and saw a pony and cart down Fleet Lane—there were two persons with it, one of whom was the prisoner, I have no reason to doubt—I stood for a minute or two, and the prisoner passed me near the gaslight; and four or five minutes afterwards Howes sent for me—I told them I should detain the canvas, and let it remain in his shop till they sent the money—I detained the prisoner, and was with Foulger when he was taken—I have kept the canvas ever since the 17th.

COURT to JAMES HOWES. Q. How came the canvas to be left with you on the 2nd? A. Because I agreed to buy it—I was to pay for it when they brought it in, but when it was brought to me in rolls, I refused to take it—Iexpected it was remnants—the prisoner went away with the pony and cart, leaving the canvas at my house—I had only told him that he was to come back for the money; he did not do so—I never saw him again till he was in custody.

MR. METCALFE. Q. Did you tell him when you would pay him? A. Yes, as soon as they brought it; but as it was different to what they represented, they left it, and I went to the police.

GUILTY . †— Confined Two Years.

NEW COURT.—Monday, April 5th, 1858.



Before Mr. Common Serjeant and the Fifth Jury.

5th April 1858
Reference Numbert18580405-364
VerdictsGuilty > pleaded guilty
SentencesImprisonment > penal servitude

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364. JAMES HARLING (26) , Stealing 88l. 3s. 6d.; also, Embezzling 12l. and 12l. 10s., the moneys of George Richard Wales, his master: to which he

PLEADED GUILTY .— Four Years Penal Servitude.

5th April 1858
Reference Numbert18580405-365
VerdictsGuilty > pleaded guilty

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365. CHARLES HENRY PENDRY (34) , Embezzling 5l. and 15l.; also, Stealing 60 yards of satin, value 4l. 10s.; the property of John Shorter and others, his masters: to which he

PLEADED GUILTY .— Confined Two Years.

5th April 1858
Reference Numbert18580405-366
VerdictGuilty > pleaded guilty

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366. THOMAS TRESISE (44) , Embezzling 14l. 1s., the moneys of John Tann, his master: to which he

PLEADED GUILTY .— Confined Nine Months.

5th April 1858
Reference Numbert18580405-367
VerdictGuilty > pleaded guilty

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367. MARTIN MERRY (28) , Embezzling 7l. 11s. 9d., the moneys of Henry Walker, his master: to which he

PLEADED GUILTY .— Confined Four Months.

5th April 1858
Reference Numbert18580405-368
VerdictGuilty > pleaded guilty

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368. LUCIAN MAIR (42) , Stealing 3lbs. weight of opium, value 2l. 14s., the goods of William Manning Watts, his master: to which he PLEADED GUILTY .— Recommended to mercy by the Prosecutor.— Confined Three Months.

5th April 1858
Reference Numbert18580405-369
VerdictsGuilty > pleaded guilty

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369. JOHN M'GEORGE (43) , Stealing 2 door knobs, 7 metal roses, and other goods, value 15s., of Thomas Nutt ; also, Stealing 7l., the moneys of Robert Coleman Hall, his master: to both which he

PLEADED GUILTY .— Confined Six Months.

5th April 1858
Reference Numbert18580405-370
VerdictGuilty > pleaded guilty

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370. AARON AARONS (17) , Stealing 12 rings, 2 opera glasses, and 1 brooch; the goods of Samuel Harris, his master: to which he

PLEADED GUILTY .— Confined Twelve Months.

5th April 1858
Reference Numbert18580405-371
VerdictGuilty > unknown

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371. MARY ANN BURCHIER (29) , Stealing 10s., the moneys of Peter Thompson, from his person.

PETER THOMPSON . I am a general dealer. On 12th March I had been out with a friend; I was coming home, about a quarter past 1 o'clock in the morning, along Bishopsgate Street—I saw the prisoner and a man with her, standing in the middle of the street, near to Camomile Street—she made a run from the man, and put her arms round my neck, put her hand into my pocket, and took 10s. out—there was a 2s. piece and about eight shillings; I had had it safe just before—she let me go, and ran away; I missed the money, and followed her—she passed by the man, I saw her give something to him, and he ran off directly—I overtook the prisoner, and canght her by the arm; I held her till a policeman came, and gave her into custody—she denied the charge, and said I had been insulting her—I had done nothing, but was quietly walking home.

Prisoner. It is false altogether.

GEORGE BRISTOW WILLS (City policeman, 646). I came up, and took the prisoner into custody; she was trying to get away—the prosecutor said she had robbed him of 10s.—she said, "I know nothing about it; you insulted me"—the prosecutor was quite sober—I took the prisoner to the station; nothing was found on her.

Prisoner's Defence. I was going along Bishopsgate Street, and this man tapped me on the shoulder, and insulted me.

GUILTY .— Confined Three Months.

5th April 1858
Reference Numbert18580405-372
VerdictGuilty > pleaded guilty; Guilty > pleaded guilty
SentenceImprisonment; Imprisonment

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372. GEORGE FEAR (19), EDWARD PRESTON (14), ALFRED DAVIS (13), and LOUIS HOUSDEN (23), were indicted for stealing 5 quires of paper and other goods, value 1l. 15s.; the property of Edward Sparkhall, master of Preston, Davis, and Housden: to which

FEAR and HOUSDEN PLEADED GUILTY .— Confined Three Months each.

PRESTON and DAVIS PLEADED GUILTY .— Confined Fourteen Days each.

OLD COURT.—Tuesday, April, 6th, 1858.


Before Mr. Recorder and the Second Jury.

5th April 1858
Reference Numbert18580405-373
VerdictsGuilty > pleaded guilty

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373. GEORGE FENDON (33) was indicted for stealing 10 umbrellas, the goods of Charles Millengen, his master; also, for obtaining the sums of 4l. 8s.,1l. 10s., and 6l. 4s., by false pretences: to which he

PLEADED GUILTY .— Confined Two Years.

5th April 1858
Reference Numbert18580405-374
VerdictGuilty > unknown
SentenceImprisonment > penal servitude

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374. JOHN CARTER (27) was indicted for embezzlement.

MR. ROBINSON conducted the Prosecution.

CHARLES VENABLES . I carry on business with my father and brother as drapers, in Whitechapel. The prisoner has been in our service as shopman about five months—it was his duty, on receiving money from a customer, to make out two bills, to take them to the cashier with the money he had received—thecashier would stamp one and retain the other—the stamped one he would give back to the prisoner, whose duty it would be to deliver it to the customer—in consequence of suspicions I entertained, I watched the prisoner on 19th Feb.—I saw him serving Mrs. Rutledge—I did not see what amount she paid him—I saw him go to the cashier and return to the customer—Icannot say that I saw him do anything between his going to the cashier and returning to the customer—he gave Mrs. Rutledge the bill; there was no change to give—I went up to him and said, "You have stolen 2s."—I asked him where the 2s. was, or something to that effect—I cannot say the exact words I used—I think I said both, "Where are the 2s.," and "You have stolen the 2s."—he stooped down and took them from somewhere, I suppose under the counter, but I did not see, and said, "Here they are," and presented them—the counter was between him and me—I said to him, "We watched you yesterday, and you did the same thing yesterday"—he said it was the first time he had ever done it; and he would do anything for me if I would let him off this time—I gave him into custody.

Cross-examined by MR. SLEIGH. Q. It was after you said, "You have stolen them," that he said, "Here are the 2s."? A. No; before he did not say, "I have done nothing of the kind, here they are," nothing to that effect—Mrs. Rutledge was in the shop at that time—I cannot say whether she heard what passed.

MR. ROBINSON. Q. Where did the conversation take place? A. One part of it took place in the shop, and one part in the counting house—he said he wished to speak to me in private—his asking me to look over it took place in the counting house.

CAROLINE RUTLEDGE . I am the wife of George Rutledge, of No. 2, Middleton Street, Bethnal Green. On 19th Feb. I went into Mr. Venables' shop—I was served by the prisoner with some trimming—it came to 2s. 9d.—I gave him 3s. 6d.—he made out my bill—I did not see him make out a second bill—heleft me and went to the cashier, and when he came back he gave me 9d. change and my bill—this is the bill he gave me; it is for 2s. 9d.—I saw Mr. Venables come up and give the prisoner in chasge—I did not hear what look place.

JOHN CHAMBERS MOGINIE . I am cashier at Messrs. Venables'. On 19th Feb. the prisoner brought me two bills; this is the one I retained—it is made out for 9d.—he paid me 9d.—I have a list in which I enter the sums I receive;9d. is also entered in that, corresponding with the bill—this other bill which I stamped and returned to him has 2s. 9d. on it now—when he brought it to me it had only 9d. on it—he would write out both bills at the same time.

Cross-examined. Q. How many young men are there in the establishment? A. Thirty-two—the prisoner would come to me with bills half a dozen times a day or more—he never paid me two or three in a lump—I have been nearly two years in the service.

COURT. Q. Was it your business to look at the two bills when they were brought to you and see that they corresponded? A. Yes; they did correspond when brought to me—I am sure that the 2s. was not on this bill when I handed it back to the prisoner.


(There were two other indictments against the prisoner to which he PLEADED GUILTY.)— Four Years Penal Servitude.

5th April 1858
Reference Numbert18580405-375
VerdictGuilty > unknown

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375. GIACOMO FINARDI (44) , Burglariously breaking and entering the dwelling house of John Disney, and stealing therein 13 pairs of shoes and 35 pairs of boots, his property.

The prisoner, being a foreigner, had the evidence interpreted.

GEORGE COOK (Policeman 134). At half past 1 o'clock, in the morning of 24th March, I was on duty at Potter's Bar—I saw a light in the house occupied by Mr. Disney—I stopped and watched—I saw the light disappear from the dwelling house and go into the shop—I heard a noise at the end of the shop—I went round the corner to that part and saw two men standing on the premises, close to a hole that had been made in the brickwork—I followed both of those men and took one of them; that was the prisoner—Iam sure he is one of the men who I had seen on the premises and run away—I did not lose sight of him from the time he left Mr. Disney's premises—Ifound a quantity of boots lying on the ground; a portion of them were lying on Mr. Disney's premises, and thirty-one pairs were lying on Mr. Baker's premises adjoining, about twenty yards from where the entry had been made—abouttwo minutes elapsed from my seeing the light in Mr. Disney's shop and my seeing the two men by the hole; the entrance had been made by that hole, it was about 2 feet by 18 inches.

Prisoner. The officer is mistaken in the face. Witness. I never lost sight of him.

JOHN DISNEY . I am a boot and shoemaker, at Potter's Bar. These forty-eight pairs of boots are my property—I fastened up my premises on the night in question at 10 o'clock—they were all perfectly secure when I went to bed—therewas no hole in the brickwork then.

Prisoner's Defence. I started from London intending to go to Liverpool, and, feeling pain in my feet, I sat down to rest; while I was resting some men ran past me, and the officer came and took me into custody; I did not run, but hearing a noise I got up.

GEORGE COOK re-examined. The prisoner was running at the time I caught him; he ran up against a fence, and was in the act of getting over when I took him by the collar; he had run about 140 yards from the place where I first saw him.

GUILTY .— Confined Six Months

5th April 1858
Reference Numbert18580405-376
VerdictNot Guilty > unknown; Guilty > unknown

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376. JOHN STRATFORD (37) and JOHN GRAHAM (11) , Stealing 4 sacks, value 8s., and 4 cwt. of charcoal, value 2l. 16s.; the goods of George Torr, the master of Stratford.

MR. BODKIN conducted the Prosecution.

WILLIAM PEARCE . I am manager of Mr. George Torr's business at Deptford—he prepares animal charcoal for sugar refiners. On the morning of 12th March, Stratford was sent out with a van containing a load of animal charcoal; he was a waggoner in Mr. Torr's employment—I was not up when he started—I gave him instructions over night to go to Messrs. Goodhart's, at Hooper Square, Whitechapel, with 5 1/2 tons of charcoal on one waggon—hisusual time to start was just about 4 o'clock—there were 110 bags—I saw the load in the waggon prepared for starting—if he started about 4 o'clock, he would arrive at London Bridge about 5—he drove four black horses—we have only one black team—there is no other manufactory in London of animal charcoal but ours and Mr. Parker's—Mr. Parker's is in Old Gravel Lane, Ratcliffe Highway—we supply it for the purpose of purifying sugar, and after it has been used, it is returned to us to be re-burnt.

Cross-examined by MR. SLEIGH. Q. How long has Stratford been in your employment? A. About four years.

GEORGE BAILEY . I am messenger to Messrs. Pickford. On Friday morning,

12th March, I was in King William Street, London Bridge, about three minutes past 5 o'clock—I saw a van there drawn up on the near side, just after you pass Arthur Street west, close to the kerb—I saw a man on the top, and as I got near, I heard a rattle on the other side—I looked on the other side of the van, and saw that it was one of Messrs. Torr's—I went to the other side and saw a donkey cart driven by the boy, which had some bags in it, partly covered over with a wrapper, or something of that kind—I believe Stratford to be the person on the top of the van—the van went towards Gracechurch Street, and the donkey cart towards King William Street—Grahamis the boy who was in the donkey cart; I heard him say as he was leaving, "My father says he will give you a pint of beer next time he sees you"—I followed the donkey cart in the direction of the Poultry—as I was going on, I met policeman 422, and spoke to him—I believe the boy saw me, for the donkey cart then went at a sharper pace than before—I stopped him at the Mansion House, and informed him that there was something wrong, and found four bags in the cart—the boy was detained by a policeman—on the Friday after that I went to Deptford, to Mr. Torr's manufactory and selected the prisoner from, it may be, twenty men, as the man I believe to be the driver of the van—I still believe him to be the man.

Cross-examined by MR. SLEIGH. Q. Was it on the Friday week that you went to Mr. Torr's? A. On Saturday, the 20th—it was not light at that time in the morning—I went first on Friday, the 12th, and pointed out a man leaning on a fork; that man was the prisoner—I do not remember pointing to another man who was about the stature of the person who I saw at London Bridge with the van; I may have—if that occurred I think I should not be likely to forget it, and I have no recollection of it—the twenty men were in the yard standing in front of the stable—I saw Mr. Pearce when I went down—I had a talk about the matter first with Mr. Pearce; I gave him a description of the man who I had seen on London Bridge—he did not show the prisoner to me and say, "That is one of our carmen"—the prisoner was standing about four or five yards off, and eight or ten men were standing on this side of him—he had a coat something similar to what he has now—the man I saw on London Bridge had a coat like that—I told Mr. Pearce that he had a light coat and shiny hat—I went down again on the 20th—I was taken there by the police, to see whether this man resembled the one who I picked out leaning on the fork, and who was not taken in custody when I picked him out—I went down again on the 20th, in order to satisfy my own mind by having another look at him—I was not aware that he was going to be given into custody—he was not given into custody in my presence—I do not know that he was taken into custody and afterwards liberated—I did not see this little boy on either of the occasions when I was down there; I did not see him with the other prisoner at all—I did not go to any other charcoal manufacturer between the 12th and 20th—I was down at Totteridge all the time.

MR. BODKIN. Q. Did you take such notice as to describe his general appearance? A. Yes, when I went to Mr. Torr's first; it was on the same day—I did not then find that the prisoner presented the same appearance as the man I had seen, as to dress; he had a different dress on then—I saw it on the morning; but when I went to the factory he appeared to have hardly left his work, he was leaning on the stable fork—it afterwards came into the hands of the police, and they took me to Mr. Torr's premises on the next Saturday, and from eighteen to twenty men were shown to me; I simply walked up the yard; I got the whole distance of the yard, and then said, "That is the man leaning on the fork"—I passed several others.

MR. SLEIGH. Q. Did you pass and repass the whole? A. Yes, I passed by them and then had to come back again—the man leaning on the fork was the furthest, and was standing by himself; I mentioned at the time that I thought he was the man.

JAMES BARTRAM . I am a carman in the employment of Mr. Torr. On Friday morning, 12th March, I saw the prisoner on the premises with a van—hestarted at ten minutes before 4 o'clock—he had four black horses, the only four black ones that Mr. Torr has—the van was loaded the night before—whenhe started he had the same coat as he has now, and a shiny hat with a low crown—it would take him about an hour to get to London Bridge.

Cross-examined by MR. SLEIGH. Q. How many waggons went out that morning? A. Either nine or ten—they commenced starting about half-past 12 o'clock at night, and continued starting as they were loaded—I cannot say what time the last started; I was not up all night—the other carmen wear coats like that, they are all alike; some wear shiny hats, and some do not.

MR. BODKIN. Q. Did you drive a van that morning? A. Yes, I was next in succession to the prisoner, I started about ten minutes past 4 o'clock—threeor four more waggons had started between half-past 12 o'clock and the prisoner's waggon.

ROBERT BENGE . I am one of Mr. Torr's carmen. On 12th March I took out a load at twenty or twenty-five minutes past 2 o'clock in the morning—onehad started before me—I drove three horses.

Cross-examined by MR. SLEIGH. Q. What coloured horses? A. Dark brown.

MR. BODKIN to WILLIAM PEARCE. Q. Had you arranged the night before what teams were to start the following morning? A. Yes, there were nine—Stratfordwas there when I gave the instructions, which were for three to go to Messrs. Dames', in Osborne Street, Whitechapel, and the prisoner was to go to Goodhart's—one of these would have to start at a little after 12 o'clock, and the three others to be there at a little after 2 o'clock—we supply this article according to the process that is going on in the sugar refinery—we anre obliged to work very early—Bartram drove one load, Benge another, and Smith another—Benge and Smith went before Stratford, and Bartram fellowed him up, and there was one man left alter that, named Fardell, that would finish the nine loads; there were three to Davis', one to Goodhart's, one to Plixted, two to Limehouse—there were six loads to go before the prisoner; Fardell and Birch drove them, and Smith, and Benge, and Stockhill, that is five, another man, who I do not remember, would be the sixth, the prisoner the seventh, and Bertram the eighth—supposing they acted on my instructions, they would go out in that order—there would be an interval of about an hour between the man that was before Stratford and himself—I did not give instructions for that interval, but that is the practice—there may be a little irregularity—a man might oversleep himself ten minutes.

Cross-examined by MR. SLEIGH. Q. If he keeps time in town in delivering the load, you are satisfied? A. Not exactly; I should require him to be something regular in his time, or he might have to overdrive his horses—I was present when Bailey went through the yard—I was in Court while he was giving his testimony—I asked the boy Graham, at the station, where he got the charcoal from; he said, "From Torr's waggon"—I asked him what coloured horses they were; and he said, "Four black ones"—he did not say that Stratford was the man—I was present when Bailey came down—I took two men to him into the counting house; he picked Stratford out from the

first—I said, "No, his time could not be right;" but when I made inquiries I found out that it was correct—it was after he pointed out Stratford that two other men were brought into the warehouse by my instructions, because I was not satisfied with the time.

MR. BODKIN. Q. And he would not have them, I believe? A. No; he Would have been taken in custody that evening if I had been satisfied with the time—Stratford was released after being taken in custody—that occurred through oar foreman, Collier, who is here, and who afterwards made another communication to me, and Stratford was again taken in custody.

WILLIAM COLLIER . I did not make any alteration in the time at which the men were to go out on 19th March.

JOHN VOSSELER . I am employed by Messrs. Goodhart. On Friday morning, 12th March, the prisoner came there with a load of animal charcoal—hearrived about half past 5 o'clock, and the bags were emptied into a cistern which holds 110 bags—I did not count the bags—they did not quite fill the cistern; it was about a foot short; three or four bags short—I did not help to unload the waggon—I saw it—there were four black horse in it.

Cross-examined. Q. Did you have any other delivery of charcoal that morning? A. No—we have a delivery every Friday and Saturday mornings—wehad more delivered on Saturday from Mr. Torr—another man brought that—I do not know who—it was brought in the same kind of waggon—I do not know whether they were the same kind of hones—I did not take notice—sometimes I do not see the waggon—I was afterwards told that they were black horses on the Friday morning, and I saw them myself—nobody told me; but I know that that carman always drives black horses—other carmen drive black horses from Mr. Torr's.

MR. BODKIN. Q. On this morning did you see that the horses were black, and that they were driven by the prisoner? A. Yes.

HENRY BAILEY (City Policeman, 443). I was on duty in the Poultry on the morning that this happened, and saw Graham with a donkey and cart—Istopped him, and asked him what he had got in the cart—he said, "Animal charcoal"—I asked him where he got it—he said, "From one of Mr. Torr's waggoners"—I asked him who had sent him for it—he replied, his father—Ithen asked him where his father was—he replied, "At home, ill in bed"—Iasked him the name of the waggoner who gave it him—he said he did not know, but there were four black horses in the waggon—I took him to the station, and took possession of the charcoal contained in four bags, one of which is here (produced)—I saw the father outside the Mansion House about 1 o'clock the same day.

Cross-examined by MR. METCALFE. Q. Where does his father live? A. In Halliwell Street, Goswell Road—he said that the donkey cart was his father's; I did not notice his father's name on it, being sent away to make inquiries about the possession of the charcoal.

WILLIAM PEARCE re-examined. Here is Mr. Torr's name on this sack, and it is loaded just the same as it was when it left the yard.

THE COURT considered that there was no case against Graham.


STRATFORD— GUILTY .— Confined Nine Months.

5th April 1858
Reference Numbert18580405-377
VerdictGuilty > pleaded guilty

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377. MARGARET MURPHY (27) , Stealing 1 watch, value 17l., the goods of Joseph Farrington, from his person, having been before convicted to which she

PLEADED GUILTY .— Confined Twelve Months.

5th April 1858
Reference Numbert18580405-378
VerdictsGuilty > pleaded guilty

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378. WILLIAM IVES (25) , Feloniously forging and uttering an acquittance and receipt for goods, with intent to defraud; also, Unlawfully obtaining 1s., by false pretences: to both which he

PLEADED GUILTY .— Confined Three Months.

5th April 1858
Reference Numbert18580405-379
VerdictsGuilty > pleaded guilty

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379. WILLIAM BASS (24) , Stealing 1 metal ball, and 1 tap, the goods of Baron Durand ; also, Unlawfully attempting to break and enter the dwelling house of Baron Durand, with intent to steal: to both which he

PLEADED GUILTY .**— Confined Nine Months.

5th April 1858
Reference Numbert18580405-380
VerdictGuilty > pleaded guilty

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380. WILLIAM HARPER (17) , Stealing 1 handkerchief, value 3s., the goods of William Ebben, from his person: to which he

PLEADED GUILTY .— Confined Eighteen Months.

5th April 1858
Reference Numbert18580405-381
VerdictGuilty > pleaded guilty
SentenceImprisonment > penal servitude

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381. JAMES SINCLAIR (35) , Unlawfully obtaining 11 gallons of brandy, the goods of Henry Brett and another, by false pretences: to which he

PLEADED GUILTY .*— Four Years Penal Servitude.

There were four other indictments against the prisoner, and the officer stated that six or eight persons were ready to give him in charge for obtaining goods from them.

5th April 1858
Reference Numbert18580405-382
VerdictGuilty > unknown

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382. JOHN BENFIELD (27) , Breaking and entering into the shop of Edward Matthews and another, and stealing therefrom 140lbs. weight of tea, value 18l., his property.

MR. LILLEY conducted the Prosecution.

WILLIAM WARNER (Policeman, A 370). On 17th March, about twelve minutes past 6 o'clock in the morning, I was on duty in the Hackney Road, and I saw the prisoner running as fast as he could, in a very excited state—Iran across the road and stopped him—I asked him what he had been doing, he said "Nothing, I can run if I like"—I told him I thought he had been striking somebody; he said, "No, I have not;"—I took him to Cambridge Place, and met Mr. James Williams, who said "That is one of them who his had a horse and cart taking away goods from somebody here," and that he had seen two or three of them loitering about, and the others had gone on with a horse and cart—he pointed to Mr. Matthews' door, and said, "They have been robbing or breaking into Mr. Matthews', and there is the door open"—I had the prisoner against Mr. Matthews' door at that time, and on entering the passage, I found four bags of tea ready for removal—I told Mr. Matthews, and he gave the prisoner into custody—I took him to the station, and then returned and examined the premises—an entrance to the shop had been made through a sky-light in the roof, which was either broken or taken out—on the roof of the adjoining shops, I found marks of a man's boot in the drift sand in the gutters, which I afterwards compared with another mark made by the end of it, with one of the prisoner's boots, and the impressions corresponded exactly.

Cross-examined by MR. RIBTON. Q. Was there loose sand lying in the gutter? A. It was loose, but was a little waxy; it had been wet and was getting dry—there was not a great deal of it—I did not walk over the sand, I walked on the roof; I was very careful to leave no footmarks in the sand—theseare the boots, there are nails in them and iron tips—I did not put the boot into the print.

JAMES WILLIAMS . I am a coffee-shop keeper, of No. 6, Cambridge Place, Hackney Road, next door but one to Mr. Matthews'. On the morning of 17th March, about ten minutes to 6 o'clock, I was standing at my door, and saw

the prisoner making motions to another man walking on the same side as I live; he threw his head and hand back at the same time, in a suspicious way—they passed my premises, and went a considerable distance up the road, still on different sides—they passed my premises three or four different times—Iwent in for a few minutes, and when I returned I saw four men crossing the road in a direction from Mr. Matthews' shop; the prisoner was one of them—three of them were carrying bags on their backs; I will not be positive whether the prisoner had one—they went down Thomas Street opposite—I saw a cart there, in Thomas Street, into which they threw the bags, and two of them jumped into the cart and galloped away as fast aa they cottld; the third offered to get in but could not, and the prisoner, who was the fourth, walked up the Hackney Road when he found he could not get in—I called out" Step," and "Follow him," for a short distance; I found I could not run, so I called "stop thief"—before I called, he was walking quite leisurely, but after I called, he ran very fast—I saw him stopped by Policeman 370—I found Mr. Matthews' door open, and called a policeman.

Cross-examined. Q. Were you at your door? A. Yes—I keep an eating-house, it opens at 5 o'clock in the morning—I do not know who the other men were—the prisoner was thirty or forty feet off when I saw him following the cart—it was quite light.

EDMUND MATTHEWS . I am a tea-dealer, of No. 2, Cambridge Place, Hackney Road. On the night of 16th March, when I went to bed, I left my shop safe—itis only connected with my dwelling by a covered passage—I was awakened suddenly by the violent ringing of my door-bell about half-past 6 o'clock; I went down to the front door, and found four, bags containing tea packed up ready for taking away, and the door was open, and the prisoner was there in charge of a policeman—I examined the shop, and found that several packages of tea had been opened and the contents taken; some coffee bags had been emptied on the floor to make room for the tea—I went over my stock, and missed about 160lbs. weight of tea, value 18l. or 19l.

GUILTY .— Confined Nine Months.

5th April 1858
Reference Numbert18580405-383
VerdictGuilty > pleaded guilty; Guilty > unknown
SentenceImprisonment; Imprisonment

Related Material

383. JAMES STEWART (18) and MARY ANN MURPHY (28) , Breaking and entering the dwelling house of Robert Buckles, and stealing therein 42 parasols and 3lbs. weight of fringe, value 24l., his property; Murphy having been before convicted: to which

MURPHY PLEADED GUILTY .— Confined Nine Months.

HARRIETT RADMORE . I am the wife of John Radmore, a City policeman, of No. 30, Great Carter Lane. On Monday afternoon, 22d Feb., at 2 o'clock, I was at the window and saw the prisoner Stewart—Murphy came and spoke to him, and then they went down to the warehouse door of Mr. Buckle opposite, and went in, while Murphy stood outside—she went twice to the door and received something, but what I cannot say—I then came down stairs, and Murphy was still at the door—she made a sign to somebody to come to her, and Stewart came oat with some parasols under his arm with white handles and tops—he walked away towards Addle Hill—I called to the people, but nobody answered me—I went to the warehouse and gave information—Murphyturned round and followed me to the warehouse door, and then she went up Dean's Court—Stewart has a different coat on, but I am certain of him though I do not swear to him, because the time was so short, and my attention was to the female and not to the male.

GEORGE CORPIELD HORTON . I am clerk to the Government Printing Office, and live at No. 6, Wardrobe Place, Doctors' Commons. On Monday,

6th Feb., I was going up Addle Hill a few minutes after 2 o'clock, and saw the prisoner with some parasols on his left shoulder, with white handles and white tips; he was going towards Thames Street—his face met my view, and in a couple of minutes I heard of the robbery, and gave information at the Station.

JOHN RADMORE (City policeman, 596.) I apprehended the prisoner at No.25, Thrall Street, Spitalfields, the residence of Murphy's parents—I told him I must take him in charge for stealing some parasols from Carter Lane; he said, "I know nothing at all about it"—I found a duplicate on him, but not relating to the property.

Stewart. You swore at the Court that the young woman was my sister. Witness. I have every reason to believe so.

ROBERT BUCKLES . I am a fringe manufacturer of Carter Lane, and keep parasols to fringe them. On 22d Feb. a considerable quantity of parasols were in my care—they had white tips and stocks—I do not know the prisoners. STEWART GUILTY .—He was further charged with having been before convicted.

HENRY CLEMENT (Policeman H, 218). I produce a conviction—(Read:"Worship Street Police Court, June, 1857; James Stewart, Convicted, on his own confession, of stealing 5s. 5d. from the person; Confined Six Months")—the prisoner is the person; I had him in custody.

GUILTY.— Confined Twelve Months.

5th April 1858
Reference Numbert18580405-384
VerdictGuilty > unknown

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384. RICHARD URWIN (18) , Stealing 1 watch and 1 metal chain, value 6l. 6s., the property of Richard Blake, from his person.

MR. COOPER conducted the Prosecution.

RICHARD BLAKE . I am an engineer, of No. 10, Whitmore Street, Hoxton Old Town. On Saturday, 20th March, I was on Dyer's Hall Pier, and the prisoner came up and asked me if I had got my watch all right; I said, "Yes, thank you"—he pressed against my left breast, and I saw my watch in his hand—I was so stagnated that I had not the presence of mind to lay hold of him—my chain went with my watch—the prisoner was stopped—I am certain he is the boy—the officer produced my watch to me.

Cross-examined by MR. SLEIGH. Q. Did anything else stagnate you besides your watch being taken? A. No; I do not think I had anything to drink since half past 8 o'clock in the morning, and then I had a glass of spirits—if anybody says I was a little the worse for liquor, it would be false—I called "Stop thief!"—when I got to the Church I found this man.

CHARLES TUCKER . I have been a railway guard. I saw the prisoner running in Thames Street, followed him, and caught him—he asked me to let him go, but I gave him in charge—the prosecutor came up a minute or two afterwards, and said that the prisoner was the man that had got his watch.

Cross-examined. Q. Were a good many people running after the prisoner? A. No one; I did not see Blake running after him, he came up afterwards—there were several others close to him when he was stopped, but not when I met him and made a grab at him—I kept sight of him from that time till he was taken—I had hold of him two or three times, but could not keep him.

WILLIAM SMITH . I am a carman, of No. 5, Castle Street. This watch (produced) was chucked into my van I do not know who by; I gave it up to the officer—my van was nearly 100 yards from Dyer's Hall when it was chucked in—and between Dyer's Hall Pier and the Church I saw a parcel of people, and saw a young man stopped.

HENRY TRINDER (City policeman, 586). I heard a cry of "Stop thief!"ran to the bottom of Fish Street Hill, and saw the prisoner in custody, and the watch was afterwards handed to me.

Cross-examined. Q. Was Blake the worse for liquor? A. Not the slightest—the prisoner gave me his right address—I did not hear him say,"It is not me."

RICHARD BLAKE re-examined. This is my watch.

GUILTY .— Confined Six Months.

5th April 1858
Reference Numbert18580405-385
VerdictGuilty > unknown

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385. WILLIAM LAMBERT (32) , Stealing 1 gas bracket, value 3s.; the goods of William Smith and another, fixed to a building; and 1 hat, value 1s., of James Gullifer.

JOHN EMBERY (City policeman). On 9th March, at 12 o'clock, I saw the prisoner in a marine store shop in Long Lane, Spitalfields, with this brass bracket in the scale—I said, "Who does that belong to?"—there was no answer—I said to the marine store dealer, "Whose is it?" he said that it was the prisoner's, and the prisoner said that it was his—I asked him where he got it; he said that I had no right to ask that question—I took him into custody—he said that he found it coming from Dartford that morning—it smelt of gas very strongly—I believe the marine store dealer would have taken it, if I had been a minute or two later.

FREDERICK FIGG . I am a brass finisher in the employment of Thomas Smith and another, of West Smithfield—this bracket is their property; it has been broken off from the wall where it was safe the day before—I have never seen the prisoner before.

prisoner. I went after a job; there was a lot of rubbish, and I picked it out of that.

COURT. Q. Did you find anything else on the prisoner? A. This hat which he was wearing, inside of which was his cap; there was a lining in the hat, but he made away with it when he was remanded.

JAMES GULLIFER . I am in the employment of Smith and Phillips. This is my hat, I missed it on Thursday morning, 9th March, at half past 1 o'clock, it was safe at 12 o'clock.


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

RICHARD HART (Policeman, L 82). I produce a certificate from the Clerk of the Peace, of the prisoner's conviction in Aug., 1857; he was sentenced to two months, and he was in my custody.

GUILTY.**— Confined Eighteen Months.

NEW COURT.—Tuesday, April 6th, 1858.

PRESENT—Mr. Ald. FARNCOMB; Mr. Ald. CUBITT; Mr. Ald. HALE; and


Before Mr. Common Serjeant, and the Sixth Jury.

5th April 1858
Reference Numbert18580405-386
VerdictGuilty > pleaded guilty
SentenceImprisonment > penal servitude

Related Material

386. JOHN THOMAS (33) , Feloniously uttering counterfeit coin: to which he

PLEADED GUILTY .*— Four Years Penal Servitude.

5th April 1858
Reference Numbert18580405-387
VerdictGuilty > pleaded guilty

Related Material

387. JOHN NEWSON (42) was indicted for unlawfully uttering counterfeit coin: to which he

PLEADED GUILTY .— Confined Six Months.

5th April 1858
Reference Numbert18580405-388
VerdictGuilty > pleaded guilty

Related Material

388. JOHN SMITH (17) was indicted for a like offence: to which he

PLEADED GUILTY .— Confined Three Months.

5th April 1858
Reference Numbert18580405-389
VerdictGuilty > pleaded guilty
SentenceImprisonment > penal servitude

Related Material

389. WILLIAM PERRIN, alias Sage (52) , Feloniously uttering counterfeit coin: to which he

PLEADED GUILTY .**— Eight Years Penal Servitude.

5th April 1858
Reference Numbert18580405-390
VerdictGuilty > pleaded guilty

Related Material

390. JOHN SOUTH (27) , Unlawfully uttering counterfeit coin: to which he

PLEADED GUILTY .— Confined Twelve Months.

5th April 1858
Reference Numbert18580405-391
VerdictGuilty > pleaded guilty

Related Material

391. ROSINA SHONDON (20) , Feloniously uttering counterfeit coin to which she

PLEADED GUILTY .— Confined Eighteen Months.

5th April 1858
Reference Numbert18580405-392
VerdictGuilty > pleaded guilty

Related Material

392. ELLEN WHITE (17) , Unlawfully uttering counterfeit coin: to which she

PLEADED GUILTY .— Confined Three Months.

5th April 1858
Reference Numbert18580405-393
VerdictGuilty > pleaded guilty

Related Material

393. MATILDA DAVIS (26) was indicted for a like offence: to which she

PLEADED GUILTY .— Confined Four Months.

5th April 1858
Reference Numbert18580405-394
VerdictGuilty > unknown
SentenceImprisonment > penal servitude

Related Material

394. JOHN BROWN, alias Scandell (34) , Feloniously uttering counterfeit coin.

MESSRS. ELLIS and POLAND conducted the Prosecution.

ALFRED REED (Policeman, H 105). I produce a copy of a conviction at this Court—(Read: "Central Criminal Court, Jan., 1857; John Brown, Convicted of uttering counterfeit coin; Confined one year")—I was present—the prisoner is the man.

Cross-examined by MR. SHARPE. Q. Had you seen him before that? A. Yes, frequently, and I have seen him since, up to March.

ELLEN FARDELL . I keep a coal shop, near Back Church Lane. On 4th March, a woman came, about 5 o'clock fin the afternoon, and ordered half a cwt. of coals and change for a 5s. piece to be sent to No. 24, Sebbon Street, which is the next turning on the left—the coals came to 7 1/2 d.; I sent them by my errand boy, Ragan, and 4s. 4 1/2 d.—in two or three minutes he came back with the half cwt. of coals and a bad 5s. piece—I went in search of the woman; I could not find her—I took the 5s. piece up stairs, and kept it till 9th March—I did not mix it with any other money—I marked it, and gave it to the inspector—this is it (produced).

Cross-examined. Q. Where did you put it? A. Up stairs, in a small drawer in a chest of drawers—I had no other money there—I locked the drawer, and had the key in my possession till 9th March—it was in my pocket all the time; I did not give it to any one—I marked it with a cross on the back of the head—the woman did not say No. 74; I am certain she said No. 24, I distinctly heard it.

COURT. Q. Do you know Sebbon Street? A. Yes; there are not seventy-four houses in the street, there are thirty houses—it is a short street with houses on both sides.

THOMAS RAGAN . I am errand boy to Mrs. Fardell. On Thursday, 4th March, she gave me half a cwt. of coals to deliver, and 4s. 4 1/2 d., I was to take them to No. 24, Sebbon Street—I took them there, and met the prisoner in Sebbon Street—I am quite sure he is the man—he said to me,"Are you going to No. 24, Sebbon Street?" I said, "Yes"—he said, "Have you brought change for a crown piece?" I said, "Yes;" he said, "Give it me, and I will give you the crown"—I gave him the 4s. 4 1/2 d., and he gave me the crown—I went to No. 24, Sebbon Street, and there were no coals ordered—I put the crown into my pocket, and when I turned my back the prisoner ran—I took the coals to No. 24, I saw some one there, and took them back to Mrs. Fardell, and gave her the 5s. piece—I saw the prisoner afterwards at the station—I am quite sure he is the man that gave me the 5s. piece.

Cross-examined. Q. What did you do with the crown? A. I put it in my pocket—I had no other money there—I had never seen the prisoner before 4th March—I did not see him again till he was in custody—the policeman pointed out the man to me—I was asked if that was not him—I have never seen him from that day till this, except at the police court—he was four or five minutes speaking to me.

MR. ELLIS. Q. What was it the policeman did when you saw the prisoner at the station? A. I saw the prisoner and two or three policemen and the inspector—there was a woman with the prisoner, the policeman said, "Is that the man?" and I said, "Yes."

JOSEPH ALDER (Police sergeant, K 28). I apprehended the prisoner on 9th March—I told him he was charged with uttering counterfeit coin—he said he was not the man—I got this 5s. piece on 9th March—Ragan was not with me when I took the prisoner, he came to the station.

Cross-examined. Q. Were not the words the prisoner answered, "I did not do it?" A. He said, "I am not the man"—I believe I stated that before at the Court, he said, "I did not do it, I am not the man."

WILLIAM WEBSTER . I am inspector of coin to the Royal Mint. This crown is counterfeit

GUILTY .— Four Years Penal Servitude.

5th April 1858
Reference Numbert18580405-395
VerdictGuilty > unknown

Related Material

395. EDWARD CLAIR (19) , Unlawfully uttering counterfeit coin.

MESSRS. ELLIS and BODKIN conducted the Prosecution.

ELIZABETH WALKER . I am the daughter of John Walker, a baker, in King Street, Camden Town. On 17th Feb., about half past 12 o'clock in the morning, the prisoner came into the shop and asked for a couple of biscuits, I supplied them to him—they came to 2d.; he laid down a bad half crown, I tried it by the detector, and bent it, and gave it to my father—the prisoner stood in the shop all the time.

JOHN WALKER . I keep a baker's shop in Camden Town. On 17th Feb. my daughter handed me a half crown—I found the prisoner in the shop when I came in, I charged him with coming to my shop for the sole intention of passing this bad money—he said upon his word and honour he was not aware of its being bad—I asked him where he lived, he said, "At No. 9, Pratt Street"—I said I should accompany him there—I called up two of my men to go with me, and on going out the prisoner turned the wrong way—I said, "Where does No. 9, Pratt Street lay?" he said, "I really don't know it's no use telling any lies, I really don't live there"—I and my men took him to the police station—I had the half crown in my hand the whole time; I gave it to the Inspector.

Cross-examined by MR. RIBTON. Q. When was he before the Magistrate? A. On the same day—I believe he was kept in custody.

THOMAS PENN (Policeman, S 151). On 17th Feb., the prisoner was brought to the station by the last witness, who gave me this half crown—the prisoner had only 1d. on him.

ALFRED JOHN SIMMON . I am an ironmonger, of Tottenham Court Road. On 25th Jan. the prisoner came to my shop—he bought a box of wax matches which came to 8d.—he gave me a bad 5s. piece—I did not observe it at the time I took it; I threw it among some halfpence—as soon as the prisoner left the shop I found it was bad—I went after him and brought him back—I said that the 5s. piece was bad; he said, "Indeed"—he gave me the change back and the box—I kept the 5s. piece till a constable came, in about an hour.

Cross-examined. Q. Was he examined the same day before the Magistrate? A. Yes—I had no other 5s. piece in the till—there might be 1l. or

30s. worth of silver—no one served in the shop but me and my father—I had been serving all that day—the prisoner had gone nearly across the road before I overtook him—I had not examined the silver to see if there was any other crown, but I threw this one among the halfpence, not among the silver—Iknow there was not any other crown in the till—the silver and halfpence were not in the same part of the till; they were separate—I put this crown in with the halfpence, having a doubt about it at the time.

JOHN OUTRED (Policeman, E 132). I was sent for to Mr. Simmon's shop on 25th Jan.—the prisoner was there—he heard the charge, and said he did not know it was bad—he was taken to the station, and was remanded; and after that he was discharged—there was no other bad money produced at that time—this is the crown I got from Mr. Simmon—there was only 1 1/2 d. on the prisoner.

Cross-examined. Q. Was he remanded on his own recognizance? A. Yes, and he appeared voluntarily, and was discharged.

WILLIAM WEBSTER . These coins are both bad.

The prisoner's statement before the Magistrate was here read as follows: "I was not aware they were bad."

GUILTY Confined Six Months.

5th April 1858
Reference Numbert18580405-396
VerdictGuilty > unknown; Guilty > unknown

Related Material

396. GEORGE JACKSON (38) and JOHN JOHNSON (33) , Unlawfully having counterfeit coin in their possession.

MESSRS. ELLIS and SCOBELL conducted the Prosecution.

JOHN REDDING (Policeman, N 535). I was on duty on 8th March, at 10 o'clock at night, in Church Street, Hackney, in plain clothes—I saw Johnson looking through the window of the Britannia public house—he then went away across the road, and Jackson came out of the house and went across the road, spoke to him, and gave him something which sounded like money; and Johnson gave him something in return—they walked together towards the railway arch—Jackson then left Johnson, and went back about twenty or thirty yards to Mr. Pike, the baker's shop, and he went in there—Johnsonthen crossed the road and looked towards Mr. Pike's shop—Jackson came out again and crossed the road; the prisoners both joined one another again—they went towards the old tower in the churchyard, and through the churchyard about thirty yards—they then walked back towards the railway—Jacksonthen left Johnson and went into Mr. Pennington's public house, the Three Cranes—I saw the constable, Moody, and called him to watch Johnson, and I went to the Three Cranes, and immediately I put my head inside the door Mr. Pennington called out, "He has just passed a bad shilling"—I believe Jackson had got outside the door—I went after him, took hold of him, and told him he must come back with me for attempting to pass a bad shilling—I took him in the house and searched him—I found on him a comb, a sixpence, a 4d. piece, and 1 1/2 d. in copper, all good—I asked him what he had done with the shilling he attempted to pass; he said he threw it away—I took him to the station, and on the way met Moody—I asked him where Jackson was; he said he was over the way, in the Prince of Wales beer shop—I told to go and take him into custody—I took Johnson to the station and went and assisted Moody in taking Jackson—I searched Jackson at the station, and Moody searched Johnson—from information I went back to Bohemia Place and examined a water pipe—I found this bag, containing seven bad shillings and two bad half crowns—I took them to the station, and fetched Mrs. Pennington, the landlady of the Three Cranes—the shillings in the bag were wrapped in separate pieces of paper; the half crowns were loose.

FRANCES PENNINGTON . My husband keeps the Three Cranes, in Church

Street, Hackney. On 8th March, Jackson came for 1 1/2 d. of gin—I served him—he offered me a shilling—I put it in the detector, bent it, gave it him back, and said, "I beg your pardon, are you aware you gave me a bad shilling?"—heimmediately took it up and said, "Yes, you are quite right, and I am wrong"—he took it up and gave me another, and I gave him change—theofficer came in and made a sign to me—Jackson was then going out at the door—the officer went out after him, and brought him back in custody.

Johnson. Q. What time did you come to the station? A. It was nearly 12 o'clock, I think—I do not recollect seeing you, but I said I thought I had—whenyou put the question to me whether you had been in my place, the policeman did not say, "Say, yes."

COURT to JOHN REDDING. Q. Did you tell this lady to say "Yes?"A. No, nothing of the kind.

JOSEPH MOODY (Policeman N 149). I received information from Redding and watched Johnson—I saw him close by the old church tower—he went to the corner of Bohemia Place, stooped down, and placed something in a water spout—he left, and went up Church Street—I followed him, and he went into the Prince of Wales beer shop—Redding then came with Jackson, and I went and took Johnson to the station, and found on him this piece of iron, a knife, a comb, a foreign coin, two sixpences, a 4d. piece, and 9 1/4 d. in copper money—I afterwards went to Bohemia Place, searched the water spout, and found this bag and coin.

WILLIAM WEBSTER . These seven shillings are all bad; four of them are from one mould, and two from another; two of the half crowns are from one mould.

Johnson produced a written defence, stating that he did not know that the money was bad.

(The prisoners received good characters.)



Confined Eighteen Months.

5th April 1858
Reference Numbert18580405-397
VerdictGuilty > unknown

Related Material

397. WILLIAM BEASELEY (20) was indicted for a like offence.

MESSRS. ELLIS and SCOBELL conducted the Prosecution.

HENRY LANGTONE (Policeman, T 195). On Thursday, 11th March, I saw the prisoner and another man in Kensington, about half past 1 o'clock in the afternoon—the prisoner had a bag—they stood for a second or two, and saw me watching them—they started off and ran—I got another constable and pursued them—I afterwards saw the prisoner in possession of another constable—the other man got away—I searched the prisoner at the station, and found on him thirty-three bad shillings and three half crowns, in five separate parcels, and 10s. 4 1/2 d. in good money—there were four shillings, eight sixpences, and one 3d. piece in silver, and the rest in copper.

JOSEPH WILSON (Policeman, T 134). I saw the last witness on 11th March, and I saw the prisoner near the Uxbridge Road, in Kensington, carrying this bag—I said, "What have you got in the bag?" he said, "A bit of meat this other man has given me"—I found in the bag eight half pounds of beef steak and a mutton chop, wrapped in separate pieces of paper—Isaid, "By your having so many half pounds of meat, I suspect you have been passing bad money"—he made no answer—he was searched at the station and the bad coin found.

WILLIAM WEBSTER . These shillings are all bad, and several of them are from the same mould—the half crowns are bad, and two of them are from the same mould.

GUILTY .— Confined Eighteen Months.

5th April 1858
Reference Numbert18580405-398
VerdictGuilty > unknown; Guilty > with recommendation
SentenceImprisonment; Imprisonment

Related Material

398. MARY ANDERSON (42) and DORCAS HEARN (14) were indicted for unlawfully uttering counterfeit coin.

MESSRS. BODKIN and SCOBELL conducted the Prosecution.

SAMUEL ING . I keep the Green Man public house, at Wemley. On 22d Feb., the prisoners came together—Anderson ordered some beer, and they went into the tap room together and had some beer and other refreshment, which came to 8d.—Anderson paid me a 2s. piece, and I gave her 1s. 4d. change—Hearn went away first.

Cross-examined by MR. KENNEDY. Q. Had you ever seen either of them before? A. No; I do not know who Anderson is—there were five or six people in my tap room—Anderson had brushes and bowls and clothes lines with her—I was not in the tap room all the time—one man bought a bowl and some clothes line of her—he gave her 2s.—they were there from half past 12 till about 4 o'clock—Hearn left about half an hour before—I do not know whether Anderson sold any other things—I was only in there occasionally—there might be six or eight customers come in from time to time—I found that the money Anderson gave me was bad directly she went away—this is the first time I have mentioned that—I put the money I received from her into my pocket—I had some shillings there, but nothing else—it is nearly a mile and three-quarters from my house to the Mitre.

MR. BODKIN. Q. How was it you did not mention this before the Magistrate? A. Because I was merely called to identify the prisoners as having been at my house—they passed money at other places, and as my time was precious I did not wish to be a witness—I threw away the 2s. piece that she gave me.

MARY SUMPTON . My husband lives at Harrow, and keeps a public home. On 22d Feb., Anderson came, about 6 o'clock in the evening—she called for half a pint of warm beer; I served her—she stopped about a quarter of an hour, and then came to the bar and paid me a bad shilling—I gave her two 4d. pieces and 3d. in halfpence—I put the shilling in the till, where I had no other shilling—she went away—I found, about ten minutes afterwards, that the shilling was bad—I marked it, and gave it to the policeman about 8 o'clock the same evening.

SARAH SHARPE . I am the wife of John Sharpe, who keeps a shop at Sudbury. Anderson came to my shop on 22d Feb., between 6 and 7 o'clock in the evening—she bought some things, which came to 1s. 3 3/4 d.—she gave me one shilling, and the rest in halfpence—I put the shilling into the till, when I had only two sixpences beside—she afterwards purchased of me two rashers of bacon, which came to 7 1/4 d.—she gave me another shilling, which I noticed being bad—I told her so, and she said, "I don't believe it is a bad one; I believe it is a very good one; I wish I had a sack full of them"—she afterwards paid me with other money—Mr. Bigley came in while Anderson was there—I had to pay him some money, and after Anderson had gone I took the shilling out of the till to pay him—I laid down the shilling, and he said it was bad—it was the shilling that Anderson gave me; I marked it, and gave it to the policeman.

Cross-examined. Q. How long before had you looked in the till? A. I cannot say; I looked in it when I opened it to give her the money, and there was no other shilling in it—Anderson came into my shop about three weeks before, hawking goods.

JAMES WHITE (Policeman, T 164). On 22d Feb., I went to Mrs. Sharpe, and she gave me a counterfeit shilling—I got into a cart, and went on to the

Swan public house at Sudbury; I then walked on about 100 yards, and overtook the prisoners going towards London; they were in company, and walking and talking—I told Anderson I believed she was the person who had passed a bad shilling at Mrs. Sharpens shop—she said, "If I have it is more than I know; I will go back with you"—I took both the prisoners into custody, and called a young man to assist me—after they had come some distance I heard a sound as of money; it proceeded from Hearn—it fell from her—I called to the young man to look out—he was walking behind, and as the prisoners moved on I saw five counterfeit shillings and two pieces of rag lying by the side of them; the shillings were spread out as if they had fallen from the rag—I desired the young man to put them in his pocket, and he did so—after I had gone a little further I saw Anderson raise her hand to her mouth, and put in something—I heard something jink, and told her to spit it out; she said nothing, but kept her teeth closed—I pot my finger in her mouth, and felt the edge of a coin between her teeth—I asked her to spit it out—she was very violent, and threw herself down—I did not succeed in getting anything out of her month; I believe she swallowed it—she said afterwards, "It is no use; it is gone"—she was very violent; I called another constable, and was obliged to tie her hands—I got them both to the station.

Cross-examined. Q. Was it very dark? A. No, it was moonlight—the prisoners were walking when I came near them—Greenhill was with me—Iwalked between the prisoners, holding each by one arm—no communication took place between them to my knowledge while I was walking between them—I had not such a firm hold of their arms as to prevent their using them; I held their arms between the elbow and the shoulder; they could make use of their arms and their hands too—Anderson raised her right hand to her mouth while I had hold of her right arm—she had not used her hand before that time, to my knowledge—I had Hearn by the left arm—Greenhill was close behind, within about two yards—I loosed Hearn to take hold of Anderson—I put my arm round her neck and took hold of her jaw—I put my finger in her month; I felt her teeth and a shilling—she bit me a little, and I took my finger out; she did not hnrt me much—I felt the milled edge of a coin between her teeth—I had not the opportunity to pull it out, she kept her teeth closed—I saw her make a motion like swallowing several times—when I took her to the station, I told the sergeant I believed she had swallowed some money—I did not put my knee against her breast—she did not say "I am gone," she said, "It is gone"—I do not recollect having seen her before—I have seen the van with the name of Anderson on it—I know she was living with a man of the name of Hearn—I believe the prisoner Hearn is her daughter, but I do not know.

EDWARD GREENHILL . I live at Sudbury. On 22d Feb., I was in Mrs. Sharpe's shop—she called ray attention to a bad shilling, and I was sent for a policeman—I saw the prisoners together at the Swan about twenty minutes or half an hour afterwards; I went with White after them—I walked behind, and he told me to look out—I did not see Hearn do anything, but I looked and found on the ground three counterfeit shillings between the Swan and the Mitre, just where Hearn had been walking—I took them to the station, marked them, and gave them to Sergeant Cooper—after they fell, White told me to take Hearn in charge—I heard White tell Anderson to spit it out—she never spoke—I saw a straggle between her and White; she then said, "It is no use, it is gone."

Cross-examined. Q. Was it not very light? Yes, it was moonlight—I

am sure she did not say "I am done"—she straggled—I did not see White put his knee to her breast; it was too dark to see that—my attention was not called to anything till White called to me to look on the ground—he held one prisoner by one arm and the other by the other—Anderson did not complain of the manner in which the policeman had treated her—I went to the station—Anderson said that what she said was, "I am done;" meaning that she was severely hurt—when the policeman desired me to look on the ground, he was going on in the same direction.

JAMES THOMAS COOPER (Police sergeant, T). I was on duty at Harrow Police Station, on 22d Feb., when the prisoners were brought in—I received this shilling from Sumpton, these five shillings and two pieces of rag from Greenhill, and this shilling from Castle.

HARRIET CASTLE . I am the wife of John Castle. I searched the prisoners at Harrow station—I found on Anderson two shillings, two sixpences, and two 4d. pieces, and 8d. in copper, all good; and on Hearn this bad shilling, wrapped in a piece of paper, and a piece of rag.

WILLIAM WEBSTER . These two shillings, uttered by Anderson, are bad, and from the same mould—these five shillings, that were thrown away by Hearn, are all bad, and four of them are from the same mould as those uttered by Anderson.—this shilling found on Hearn is counterfeit, and from the same mould as the two uttered by Anderson.

(Anderson received a good character.)

ANDERSON— GUILTY .— Confined Nine Months.

HEARN— GUILTY .—Recommended to mercy by the Jury— Confined Three Months.

NEW COURT.—Wednesday, April 7th, 1858.


Mr. Ald. HALE.

Before Mr. Recorder and the Fifth Jury.

5th April 1858
Reference Numbert18580405-399
VerdictGuilty > pleaded guilty

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399. WILLIAM HORATIO CHADWICK (33) , Stealing 15 printed books, and 150 postage stamps, value 4l. 12s. 6d., the goods of Henry Samuel King and another, his masters: to which he

PLEADED GUILTY .— Confined Two Years.

5th April 1858
Reference Numbert18580405-400
VerdictGuilty > unknown

Related Material

400. SOLOMON PARKER (34) , Stealing 101 blankets, value 20l., the goods of James Johnson.—2d COUNT, Feloniously receiving the same.

MR. COOPER conducted the Prosecution.

MICHAEL DEADY (City policeman, 56). From information I received, I went to Mr. Meehan and saw some blankets—I took possession of them; some of them were partly tied with string—the string was partly off the bundles; some of them were in sacks—I then went to Stoney Lane and saw the prisoner there; I said to him, "Solomon, you have sold Mr. Meehan some blankets;"he said, "Yes, I have"—I said "Where did you get them?" he said "I have had them by me seven months"—I said, "Who did you buy them of?" he said, "I bought them of my brother-in-law, Judah Wolfe"—I said "These blankets have been stolen between last Saturday night and Tuesday morning, and you say you have had them by you seven months"—he, said "I did not say seven months, I said several months"—he then said, "By God, I am truly unlncky; it is unfortunate for me that my brother-in-law, Judah Wolfe, is in Chatham"—Itook him to the station—I afterwards went to Mr. Acret, in Houndsditch,

and recovered one blanket from him, which made 100—I found ninety-nine at Meehan's, forty were tied in bundles and the rest were loose.

Cross-examined by MR. RIBTON. Q. There was not another blanket found? A. No—Mr. Acret is a truss maker.

CHARLES BAKER (City policeman, 635). I went with the last witness to Mr. Meehan's; I looked over the blankets, and found this piece ofstring—we pulled some loose blankets off the top, and found four bundles tied in tens.

JAMES JOHNSON . I am a dyer and contractor, and live in South Street, Whitechapel. I contract for cleaning blankets for the Admiralty; during the last few months I have received a large number of blankets; I can tell the number by the book—I received 356 on 17th Aug.; 137 on 21st Sept.; and 630 on 14th Oct.—I missed 101 on 23d March—they were clean—I should say some of them had been cleaned perhaps a month—they were tied up with string in tens, folded rather peculiarly for the accommodation of the persons who have to receive them—some blankets were shown to me by the policeman; I know them, they were what I lost—there were four bundles tied in tens, and the others were loose—I knew them by the folds and the string they were tied with—These are all marked "T O," and the broad arrow, and a rim; they are all the same marks, done with a stamp I suppose—oneblanket was peculiar, it has "W D" on it, for War Department, and three stripes of red down it—I know this string; it is the string that I used to tie the whole of the blankets up; it is made expressly for me—I saw it when it was brought by the policeman—it was tied in a knot which was peculiar—the persons are here who tied them—I also wash blankets for the Penitentiary—they were not brought in bags, I received them in bulk—this blanket is a peculiar one; it had the three stripes of red in it—it has got a mark on it.

Cross-examined. Q. You do not know much about it? A. My people will know better than I do—I am a dyer, and contract for the Government; I send in my bill when it suits me—I have been the contractor about eleven months this last time, and I was contractor ten years before—I may probably have received a thousand blankets during the eleven months; they all belong to Government, except those with the stripe—they belong to the Penitentiary—Ihave received perhaps 200 of them within the same period—here is a dark mark on this one; it is one of the Penitentiary blankets—it has got the three stripes on it, and here is the mark "W D" on it, and the broad arrow—it is War Department; the Penitentiary get their blankets from the War Department, probably—that is their business—I have undoubtedly sent to the War Department blankets marked as this one is—I contract with the Government, and they send me these to clean.

Q. I thought you said it was a separate contract for the Penitentiary? A. No—I have, perhaps, received hundreds of blankets in the last eleven months—I received these and others from Deptford, and it is my duty to return them there again—during the whole eleven months I have been in the habit of cleaning these striped blankets; not at all times—I receive the blankets, and there may be some of them, and there may not be—I do not know that they are in the habit of selling blankets—this string is made for me—it is what I always tie up my blankets with.

ROBERT DAY . I am foreman to Mr. Johnson. I have examined these blankets, they are my employer's—I saw them safe on Saturday, 20th March, at No. 2, South Street, Whitechapel Road—that is the place of business—theywere all clean except this one before me with the red stripes, which was dirty—I had tied up a part of the blankets which were clean—when these

blankets were brought to me I examined them, of course—I know them by the mark "T O" upon them; and these being in our possession some time, they had been tied up some time, and I find the mark of the string round the blankets—I examined the string that was brought; it is a part of the string we use in tying these up—the knot has been untied—we missed 100 blankets marked "T O," and one with red stripes—these are the marks on them—we fold them all the same way—these had been folded some time, and bear the stronger impression of the string.

Cross-examined. Q. Do you fold them all in the same way? A. Yes; I believe these are the identical blankets that I saw on 20th March—I will swear positively to them by the marks—if I saw these in the Dockyard amongst others I could not undertake to swear that these were on our premises on 20th March—those which are called the prison blankets have all the same marks on them, the three red stripes—if I had seen this one in the Dockyard I could not undertake to identify it amongst others—I missed 101 blankets—I saw them safe in the centre of the room at No. 2, South Street—therewere thirteen bundles tied up in tens, that was 130; and there were other blankets hanging up drying on the premises—I cannot tell how many were hanging up—I know there were thirteen bundles, because I had put them there myself and counted them—I cannot tell exactly when I had put them there—I was sent down to see that the premises were safe on Saturday night, 20th March—my fellow servant, Charles Day, was with me—I cannot say when I had tied up these bundles of blankets, it might be about last Christmas—on the Tuesday I counted, and found ten bundles were gone—I had seen this one blanket safe, or one corresponding with it, on the Saturday at the same premises—I did not count the number of blankets we had there on the Saturday; there was no occasion to count—I counted them on the Tuesday when I took stock to see how many we had lost; we then had 116—Iwrote down the number at my employer's premises—I wrote it to assist me as to what time they came—I did not copy it from anything, I wrote it out of my own head—these 116 blankets that I had on the Tuesday came into my possession on 22d Feb.; 100 came in marked "T O," and 117 prison blankets—I think they came in, in Feb., but you have taken my paper from me.

Q. If you cannot recollect now, how came you to recollect then? A. I wrote this from information—we have a book which we have to go by when they come in—I did not get my information from the book; I got it from my own memory, and from my fellow servant—I recollected their coming in on the date, and I referred to the book to see if I was correct—it was written from my own bead—117 blankets came into our possession in Feb.—I counted them myself—I swear that—We have 116 now at my employer's premises—Iam sure of that—I missed the bundles on the Tuesday about 4 o'clock—I counted the prison blankets on Wednesday morning, and found I had only 116—I received information of the loss before I looked for the bundles—my fellow servant went with some blankets to dry on the Tuesday, and he came back and informed me that the place had been broken open—I had not received information that the blankets had been found—I heard on the Friday following that the blankets had been found at Mr. Meehan's—on the Tuesday I received information, and went down, and missed the bundles—I did not miss the prison blanket then—I did not think there were any of them gone.

CHARLES DAY . I am a cleaner in the employ of Mr. Johnson. I remember going to the premises on the Saturday evening—they were all safe that night when I left—I looked at the flap door and the outer door—I went

again on the following Tuesday to take some other blankets—I had a little difficulty in opening the outer door—I went in and found the flap open, and missed the padlock—I missed several bundles of blankets—they were perfectly safe on the Saturday night—I had tied some of the bundles—those blankets produced by the constable are the same blankets—I observed the string that was brought by the policeman—I did not examine the knot; it was untied—the string is the same sort as we use.

Cross-examined. Q. Have you been in the habit of tying for eleven months? A. Yes, and tie always in the same way, and use the same string—I do not know how many bundles were in stock on the Tuesday—there were 117 prison blankets—I fetched them from Deptford—they enter them when we bring them to the place—the foreman gave me directions when I arrived at my master's—there is an entry made in the book—I believe the book is here—I did not make the entry; I believe my young master did—there were some cleaned between Feb. and March—they were not sent back, but sent to the room—I cannot say how many were cleaned; there were some of them cleaned and taken to No. 2, South Street, for drying—some were taken at one time, and some at another—we have them now, all but one—I cannot say how many are cleaned—I never took notice to see how many were left dirty.

EDWARD JOHNSON . I am the son of the prosecutor. I have seen these blankets produced by the policeman—I say that they are the blankets we had lost—there were 100 of this sort, and ninety-nine were found, and there is one missing now.

Cross-examined. Q. Are these the same sort of blankets that are brought from the Dockyard? A. Yes, they are the same blankets that we lost—all, except one, differ in no respect from all the blankets that we have been receiving from the same place for the last eleven months, and this one differs in no respect from all the prison blankets, but they are not all marked alike—I have not seen a number of others with this particular mark; I have seen a few—this one does not differ from those which have this particular mark—I remember that 117 blankets came in on 22d Feb., that was the last lot—wehad received some a few months previously—I do not know the date—weonly received one parcel of prison blankets before—my brother made the entry, but these were repeated to me several times, and we had 117—I do not know how many of them have been cleaned since—the red striped blankets which I saw exhibited at the Mansion House were not the same as this, they differed in the mark—this is marked in the corner with the broad arrow and "W D," and the blankets there exhibited were marked with the broad arrow and "B O"—we have had blankets marked "B O"—I do not know what "B O" means—I was told that "W D" means "War Department"—there were none exhibited at the Mansion House with "W D" on them—"W D" was not on all the 117; that we had only on a few—the others were marked "B O"—I do not know that the same observation applied to all the prison blankets we received during the eleven months—I do not know that any of the former lot had "W D" on them.

MICHAEL MEEHAN . I am a commission agent, and live in Mill's Buildings, Houndsditch. On Tuesday, 23d March, I met the prisoner; he asked me if I would buy a lot of blankets; I said if they suited me I would—he afterwards brought me two as a sample—he asked me 3s. 3d. each for them—I gave him 16l. for them—they were brought at twice, in a track—fifty-seven were brought first, and the remainder afterwards—there were four bundles, and the others were in bulk—on the following day a policeman came, and I

delivered them up to him—they were those I had of the prisoner—some of them came in loose brown corn sacks.

Cross-examined. Q. How long have you known the prisoner? A. I should say fifteen or sixteen years—I have bought things of this kind of him several times before—I have bought blankets marked in the same way; not with the red stripes—I bought ninety-nine blankets marked "T O," and one with red stripes—this is the one with red stripes—I have seen blankets like this with red stripes, but I never bought any—I have seen them sold at different places; at Deptford and at the Docks—there have been sales very frequently lately at Deptford of some which came from the Crimea—I believe they were of this description, but they were blankets that did not suit me, and I never troubled my head about them—I have seen them sold; I cannot say how recently—it might be twelve or eighteen months since I saw any sold—I have seen some that have been bought at Government stores—I have not seen any in possession of anybody for the last twelve months—Ihave seen hundreds and hundreds of other descriptions—I have seen them sold, and seen them in possession of persons—I have bought at sales at Deptford all descriptions, marked "B O" and "T O"—I have not bought any marked "W D" to my knowledge; I do not recollect ever seeing a blanket with "W D" on it—the officer did not come to my place; I met him in the street—here is on this memorandum "100 'T O,' blankets £16"—that means Transport Office, I believe—he brought me four bundles—tothe best of my opinion there were about ten in each bundle, and he brought me sixty in bulk—this one with the stripes was the last that was counted—he said that must be a wrapper, as it differed from the others; he said, "This is a better blanket than any of the rest"—I said, "It does not matter if it is worth 6d. more or less"—this was in the public market in Shad's Buildings—I had bought of the prisoner before; I am in the habit of buying of him every day almost—he deals in men's clothes as well—I had bought of him the day before that—it was something in the way of wearing apparel—it is a public market—he comes there as a seller—I am always a buyer of anything that suits me—I ask the price, and if I can buy it I will—hebrought me the sample of these blankets about 10 or 11 o'clock in the morning, and delivered them between 1 and 2 o'clock in the day—I know a person named Wolfe, a relation of the prisoner—I know that he is a buyer of these sort of goods very extensively—I do not think I ever had any dealings with Wolfe.

MR. COOPER. Q. Do not you know that the blankets bought at Government sales are all dirty? A. No.

COURT. Q. Are blankets sold clean by the Government? A. They have been sold new; not having been used—I do not know that any have been sold that have been used and been cleaned

JAMES ARTHUR . I am foreman of the storekeepers' department at Deptford—Iknow of "T O" blankets being sold—the last sale took place 24th Feb., 1857—Government never sell blankets regularly cleaned; they are dirtied, little or much—they are sold in lots—200 or 250, and small lots.

Cross-examined. Q. Are there a great many sales? A. Yes, two or three in a quarter—the last sale was last month; blankets and other things were sold—this one has our mark upon it, the broad arrow and "T O" marked with a stamp—I have never seen blankets sold which have been regularly cleaned; some men keep them cleaner than others, but not blankets which have been regularly cleaned—they are all washed together—I have not seen blankets sold that have been washed, unless they have been initialed again—I

have seen blankets sold that have been once cleaned, but they have been used since—I am not able to say whether these have been sold, and they have the appearance of having been washed—the sale is advertised, and some large dealers come and buy them in large lots and sell them again—some prison blankets have been sold; I think some were, sold last Nov.—171—theywere marked differently—we do not mark these ourselves—they are marked at the War Department, at the Tower, and then they come from Millbank Prison—all the blankets that were sold in Nov. were like these—171or 181 were sold—I only go by memory—in 1857, 11,507 were sold in three sales.

COURT. Q. Do you mean that the last sale of these blankets was in Feb.,1857? A. Yes; we sold prison blankets in Nov., and we have sold them at other times—I have not got the catalogues; there are so many sales.

CHARLES FRANZEN ACRET . I am a surgical instrument maker, and live in Houndsditch. Last Wednesday week I bought a blanket—I have seen the person I bought it of since; I do not know his name nor his address—thisis it; I gave it to the policeman.

MR. RIBTON called

JUDAH WOLFE . I live in Goulstone Street, Whitechapel, and am a wholesale rag merchant. I have been in the habit of attending Government sales in the Dockyard and other places—I have bought blankets of this description to a very large extent; about seventeen or eighteen thousand of this sort and some "B O's"—I have bought blankets the same sort as this, with red stripes—the last lot I bought was 181, six or seven months ago; just the same sort—they are sold for dirty blankets, but there were a great many new ones and clean ones among them—I do not know that they had been cleaned they were clean—I have about thirty tons of different sorts—I have had dealings with the prisoner; I have sold him blankets, I dare say, ten or twelve times—once he bought 700—the last time I sold him any was about six months ago; at one time he bought 200; one time 50 and 100—I have sold him blankets of the description of these that are here within the last six months, 200, and 50, and 100—I cannot say whether he had any with red stripes; there have open striped ones among them—I cannot say whether he had any or not—when I buy them I put them all togelher—I cannot say whether the striped ones are used as wrappers to the others—I know he has been in the habit of dealing in these sort of things; he makes purchases of other persons as well as me—purchasers who buy them at the Dockyard, buy them in large quantities and sell them in small—I cannot say whether the prisoner has purchased at the Dockyard; he has at other places.

Cross-examined by MR. COOPER. Q. Did you sell them as you bought them, some cleaner than others? A. Yes; the red ones are often mixed with the "T O's"—I have sold them to the prisoner in bulk—I bought some blankets six or seven months ago at the Deptford Transport Store at the Victualling Yard—the prisoner married my wife's sister; he has no shop or warehouse that I am aware of—he lives in Middlesex Street, in a house of his own; he occupies the whole house.

COURT. Q. What do you mean by selling them in bulk? A. I mean a hundred or more—some of them are tied in bundles, to keep them clean, and some are loose—after he has looked at them, I have tied them and delivered them to him in that way—I have sold them to him as I received them, but we tie them in bundles.

JOSEPH MYERS . I am a licensed victualler, and a dealer in Government stores—I have known the prisoner along time dealing in articles of this kind; I have within five weeks seen him in possession of a number of these things

about 100—he has been dealing in these sort of things for the last three or four years, and buying and selling.

GUILTY on the 2d Count.

(He was also charged with having been before convicted.)

Prisoner. I will plead Guilty to that.

GUILTY.— Confined Twelve Months.

5th April 1858
Reference Numbert18580405-401
VerdictGuilty > unknown; Not Guilty > unknown

Related Material

401. JAMES JONES (23), GEORGE JEFFRIES (22), GEORGE WILLIAMS (25), and FRANCIS ABIGAIL (18) , Breaking and entering the dwelling-house of John Howard, stealing 1 box and 34l. 11s. 6d.; the moneys of Joseph Flowers.

MR. T. ATKINSON conducted the Prosecution.

JOSEPH FLOWERS . I reside at No. 16, Noah's Gardens. On 1st March, I lived at No. 29, White Street, Little Moorfields. I know the prisoner Abigail, he was an apprentice to Mr. Williams; I had lodged with him—on 1st March, I was in my room about 7 o'clock in the evening; I had been there at work all day—about half past 6 o'clock Abigail came in the room to me—Ihad some money in my room which I had saved, 34l. 11s. 6d.; the 34l. was in a small box, and the 11s. 6d. in a large box—I kept it locked—I broke the lock when I was removing from Mr. Williams', and on 1st March I had the box repaired and a new lock put to it—I saw the gold safe on the Sunday, and on the Monday I saw the box and took 3s. out of it—I looked the box up again, quite safe—Abigail was present when I locked the box—I locked the box and went out about 7 o'clock; Abigail went down stairs first—Ileft my bedroom door unlocked; Mr. Muggeridge resided in the room with me.

Cross-examined by MR. RIBTON. Q. How long had you had this money? A. I had been saving it for three years—Mr. Muggeridge left Mr. Williams' with me—he might see me take silver out of it, but not where the gold was—Abigaildid not lodge there; he was apprentice to Mr. Williams—I had left Mr. Williams on the week before—Abigail had come up once before, he and I were friendly—he came up on that Monday at half past 6 o'clock, and left about 7—he asked if Muggeridge was coming back to sleep—I said I expected him; but when the work was brought I said I should not wait any longer, and went out.

JAMES MUGGERIDGE . I am a boot closer, of No. 6, Finsbury Street. On 1st March I lodged with the last witness in White Street; I lodged with him nine days—I had lodged with him at Williams' house—I left my lodging on 1st March, about 6 o'clock in the evening—I left Flowers behind me—I returned about half past 7 o'clock; there was no one there, the room was in darkness—the room door was shut and hasped; I could open it and go in—Ilit a candle, and looked round the room; the blind was not down, it was moonlight; the room seemed in perfect order—I merely threw down my work and went away, closing the door—I went towards Finsbury Street, which is 200 or 300 yards from White Street—Williams lived in Finsbury Street—when I got to Finsbury Street, I saw Abigail talking to Jones—when I came up I heard Abigail say to Jones, "What do you say, will you do it?"—I did not hear anything said to that; at that moment I said, "Halloo, Frank," and he said, "Halloo, Jem"—I asked him if Mr. Williams was at home; he said he was in-doors—he said he had just been over to Joe's, meaning Flowers—I said, "Have you; was he there when you went out?" he said, "Yes"—this must have been about 25 minutes before 8 o'clock, for when I left him he remarked that it wanted a quarter to 8 by the public house clock—he said it was very cold—I did not hear Jones say word—I returned home about half past 11 o'clock, I found Flowers there,

he said something to me—I was not aware that he had any money in his box—Ihave known him fifteen or sixteen years—when I went out I closed the street-door after me.

Cross-examined. Q. Had you never seen Jones before? A. No—I came close to him, and was fronting him—I am able to say that it was him—I believe Abigail lives in Kingsland Road—I pledge myself to those words that Abigail said to Jones—he said, "What do you say, will you do it?"—there was no answer; I spoke to Abigail after that.

Jones. He says he saw me in Finsbury Street. Witness. Yes, I saw you talking to Abigail—you had a jacket and cap on.

Mr. T. ATKINSON. Look at this coat. Witness. This is the coat he had on.

JOSEPH WILLIAM THORPE (City policeman, 112). On 26th March I went to No. 17, Horse Shoe Alley, Wilson Street, Finsbury, and took this jacket, or coat—it was lying on the corner of Jones' bed.

ANN HOWARD . I am the wife of John Howard, a carman, of White Street. On 1st March, I was landlady of the house where Flowers and Muggeridge lodged—on that evening Flowers made some complaint, and a policeman was brought in—I knew Williams and Abigail by sight—I let a person in at the street door that evening, about five or ten minutes before 8 o'clock; he was a young man, with very little whiskers, and dressed very much like a stable man—this coat (looking at it) in very much like the coat that he had on—he asked if Mr. Flowers was in; I said I hardly knew—he passed me in the passage, and I said, "Are you going up?" he said "Yes"—Isaid, "You know which room it is?" and he said, "O yes, it is the top back room"—he went up, and I did not see him again—I beard a person come down afterwards, but do not know whether it was the same—I could not say that Jones was the person; he was about his size—I have seen Abigail in the house, and I believe I had seen him that evening.

Cross-examined. Q. Was Flowers very angry? A. Yes; he said very likely it must be somebody in the house—we have lodgers; one is a tailor, he has two young children, and the other is named Saunders, a very young man, he is in the packing trade; we have a single man, who is a carman, and there is a man and his wife, who are still with us—no lodgers have left us since, except Mr. Flowers and Mr. Muggeridge—Mr. Flowers lodged in the top back room—my son, and Porter, the carman, are in the other room—I do not let any one in who asks for a lodger.

JOHN MARK BULL . I am a detective officer. In consequence of information, I went with other officers on 25th March, to the Jacob's Well, in Grab Street—I apprehended Jeffries—he knew me—I told him I charged him with being concerned, with others not in custody, in stealing 34l. 11s. 6d. from the room of Mr. Flowers, in White Street, Little Moorfields—he said, "You have got the wrong man; I know all about it; I was made a dupe of; I had no proceeds of the robbery; a man of the name of Jones done it; a youth, Frank, a lame youth lodging with Mr. Williams, watched outside; Jones brought down the box and showed it to me, a little wooden box, after he had done the robbery"—I took him to the station, he was searched, and 3 1/2 d. was found on him—I then went to the City Road, between 8 and 9 o'clock—I saw Abigail and Williams just by the Wesleyan Chapel—I told them I was a police officer, and wanted them to go a little way with me—I took them to my brother officer, Thorpe—I told them the charge, and they said, "Very well"—I took them to the station, and Jeffries was brought out of the cell at my request—I told Jeffries I was about to ask him a question or two, and likewise the others, and they might do as they pleased about answering

it, as it might be used against them—I then asked Jeffries if he knew any one present; he said, "Yes, I know Williams; he is the person who did the robbery"—I then pointed to Abigail, and he said, "That is the youth that watched outside with me"—Williams and Abigail replied, "You say so"—I then asked Williams if he had received any letters relating to the robbery that morning—he said, "No"—the charge was read over to them, and they were asked if they had anything to say; they said they had not—Thorpe searched Williams, and found on him 4l. a half sovereign, and some silver; and on Abigail, 2s. 4d., an old fashioned watch, and a silver chain—on 26th March I went with Thorpe to Jones' place; I found him, and told him I took him for being concerned, with others, in committing a robbery at Mr. Flowers', No. 29, White Street—he said, "I expected you"—I asked him if he knew a person of the name of Jeffries, or Shiney; he said, "No"—Itook him to the station, and Jeffries was brought out and confronted with Jones—Jeffries said, "That is the man that did the robbery, and brought the box down and showed it to me"—Jones said, "I know nothing about the robbery."

Jeffries. Q. Did you ask me if I knew Jones? A. I asked you if you knew any one present, and you said, "Yes," pointing to Williams and Abigail.

ROBERT BARNES . I am pot boy at the Jacob's Well public house. I know Jeffries from his using the house—on the night of 23d March, about 5 o'clock, I heard him propose to write a note to Mr. Williams—a note was written to him about 7 o'clock that same evening—he read the note to me, and it was put into an envelope—that first letter I lost; but I will tell you the contents of it, as nearly as I can.

Cross-examined. Q. Where did you put the letter? A. In my breast pocket—I went to Williams' house—I lost it on the road back—I did not leave it, as Williams was not at home.

MR. T. ATKINSON. Q. What did the letter contain? A. To the best of my recollection it was, "Sir, I send you this note to say that I am very much in want of money; I consider that I have been very much ill-used by you, as well as Jem Jones and Frank, inasmuch as I have been cheated out of the share of the proceeds of the robbery which was committed on the premises of Mr. Flowers, in White Street."—That was the substance of the letter—it was to that effect—another letter was written to Williams by Jeffries on the following night Wednesday—I took the second letter to Williams and delivered it to him—Abigail was there at work in the front room—the servant opened the door to me, and asked whether I would go upstairs, or should she call Mr. Williams—I went up and tapped at the door—Abigail was there and he asked me in—I said I had a note for Mr. Williams, and I wish to see him—Idid see him, and told him I had brought him a note from Shiney, that is the nickname of Jeffries—he asked me if I knew what the letter contained—Itold him, if he opened it he would see; and I told him it was concerning that little affair in White Street—he said, "What little affair?"—I told him he knew, it was the robbery at Mr. Flowers—when I said that, he asked me to come into the next room with him—(Abigail had been present while I was talking about this, and, I believe, he would hear what was said)—I went with Williams into the next room, and the letter was opened—Williams asked me to read it to him, which I did.

JOSEPH WILLIAM THORPE re-examined. I found these portions of a letter in Williams' house—it was torn up in pieces in a cupboard—on the floor of the workshop I found an envelop.

ROBERT BAKNES re-examined. I can swear these are portions of the letter I took to Williams. (The pieces having been pasted on a sheet of paper, were read as follows: "24th March, 1858.—Please send word what you are going to do—a small amount, for I consider I have as much right to a share as you; and a share I mean to have, or I shall open the—he sent to you—bothyou, and Jem Jones, and Frank, has used me scandalous, inasmuch as you have cheated me; I shall be one with you, so don't be surprisedd if—providedyou make some mends—come yourself to the Jacob's Well")—Williamsasked me if I knew what would satisfy Jeffries—I told him I did not know, but I had heard Jeffries say something about a sovereign—he said he could get that sum, but he would have me to know that he was very short of money—he was in difficulties—he had 15l. to make up for this quarter's rent, and if he let Jeffries have any mosey, he must go out and borrow it; and he promised to meet him at the corner of Old Street Road, in the City Road, the same evening—I believe that it a public house.

Jeffries. Q. Did I write the first letter? A. Yes; I gave you the paper and envelope.

JAMES HOLLAND . I am a porter, and five at No. 3, Mew Court, Cripplegate—Iknow Jones and Jeffries—I remember seeing Williams in the Jacob's Well last Snnday fortnight; he and Jones were together—I spoke to Jones and called him on one side—on the Saturday night before I was at Jacob's Well, I saw Jones there and his brother, and they had some quarrel—Jones' brother said to him outside the house, "If you strike, me, I will split about the robbery in White Street"—Jones struck him and run away—I saw Jones and Jeffries at the Jacob's Well, on 16th March, they were quarrelling, and Jones threw a piece of coal at Jeffries—Jeffries said to him, "Don't be so fast"—Jones said, "You are telling people you are going to lag me"—Jeffriessaid, "You will have the collar put on quite soon enough"—Jones wanted to fight, and he said to me, "I will tell you all about it."

Q. Was anything said about sufficient money not having been given? A. Yes; Jones said, "I gave you 6s., and I think you ought to he satisfied"—hesaid "I gave you one shilling at a public house in Windmill Street, and 5s. the next morning, and I heard Jones mention Frank's name—Jones said to me, I will tell you all about it—Jeffries and I, and a lot, were in the tap room, and I had to go and knock at the door and go up stairs, and break open the box and come down, and I met Jeffries and the boy outside the door, and I had to run to Finsbury Street and go to a public house—I gave him 1s. in the public house, and 5s. the next morning—I think he ought to be very well satisfied"—a man told them that they ought to know better—if they had anything to say, to say it together, and not speak in a public tap room—I heard of the robbery, but I did not know where it was.

Jones. He heard about the robbery before I told him; he heard it from a boy in the tap room.

MR. RIBTON to ROBERT BARNES. Q. What an you? A. Pot boy, at the Jacob's Well; I went there on the 12th Aug., and am there still—before that, I lived with Mr. Stafford, a gentleman at Lambeth, to look after a pony—Iwent to him on the 2d Feb.—before last I used to work in a warehouse—Inever was on the stage—I did not write one of the letters; both the letters were written by Jeffries—this is the second letter—in the first letter he said, "I send you this note, to say I am very much in want of money"—Iam sure those words were in it; "I have been chested out of the share of the proceeds of a robbery committed on the premises of Mr. Flowers, in White Street"—I did not get any share—I gave information because I thought it

was my duty—I have not spoken to any one about this—I have never said, I had done the trick, and I should have a nice holiday at the sessions, and I should like to come and see his lordship—I read the letter over to Williams—I do not know whether he can read—he asked me to read it—Abigailwas in the front room; I read the letter in the back room.

JOHN HARRIS . I lodge at the White Swan, Long Alley—I know Jones and Jeffries; I have seen them together—Jones told me that Shiney was locked up, and asked me if I would go home to his wife and tell her he would not be at home all night, because he knew that Shiney meant to split upon him.

Jones. The first night that Shiney was taken, I was at the station house door.

ROBERT BROMLEY . I am pot man at the White Swan. On 1st March, I saw Jones in that house about 11 o'clock in the evening; he had about 15l. in gold in his hand—he dropped 2l. on the floor—I know it was on that day because a benefit took place on that day.

Jones. It is false; I had 1l. 5s. 7d.; the witness says he saw me and Abigail talking in Finsbury Street; that is false, I never saw Abigail before; I know nothing about the robbery; I know I had money, it was from the land transport; I am a sergeant of the land transport corps; my wife is in a little bit of business, and she has more than I have.

(Williams and Abigail received good characters.)

JONES, JEFFRIES, and WILLIAMS— GUILTY .— Confined Twelve Months each.


5th April 1858
Reference Numbert18580405-402
VerdictGuilty > pleaded guilty; Not Guilty > unknown; Guilty > unknown
SentenceImprisonment; Imprisonment > penal servitude

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402. JOHN PRIOR (33), WILLIAM GRAY (17), JAMES SHORTER (21), and JAMES HASBY (21) , Burglariously breaking and entering the dwelling house of James Eames, and stealing therein 5 pairs of boots, value 2l., his property: to which

PRIOR PLEADED GUILTY .— Confined Twelve Months.

WILLIAM AMBRIDGE (Policeman, H 192). I was on duty in Collingwood Street, Bethnal Green, on 19th Feb., about a quarter before 4 o'clock in the morning—I saw Prior and Shorter; I was coming to the corner of the street, and they met me—Prior dropped this bag, containing seven boots; he and Shorter ran off in company—I pursued after them, and took Prior—I gave information to other officers, and about 5 o'clock they went to Prior's house; I was outside when they went in.

CHARLES JAMES CHILDS (Policeman, H 193). From information I received I went to Prior's house, at the corner of White Hart Court, New Nicholl Street—I found in his room, at the top of the house, Gray, Shorter, and Hasby—Gray threw this pair of boots under the bed—I took them into custody—I had seen the prisoners together the night before, drinking at the Three Ink Horns, about half past 11 o'clock.

JAMES DEEBLE . I live at No. 39, Castle Street, Bethnal Green. On 18th Feb., I left my shop safe, about half past 10 o'clock at night—about half past 3 o'clock I heard the break of glass; I went to my shop, and the shutter was shuffled down from under the bar, and two squares of glass were broken—Imissed five pairs of boots—these boots are mine, and they were safe in my place the night before.

Gray's Defence. I was coming along the road, I stopped to talk to Prior, and the policeman took him; I went to tell his wife he was taken, and the officer came up; I did not throw the boots under the bed.

Shorter's Defence. I got into company with them, I went there to lie

down on the bed, and the officer came and took me; I know nothing about it.


SHORTER— GUILTY .—He was likewise charged with having been before convicted: to which he

PLEADED GUILTY.— Four Years Penal Servitude.

OLD COURT.—Wednesday, April 7th, 1858.

PRESENT—The Rt. Hon. the LORD MAYOR; Mr. Justice CROMPTON; Mr. Justice BYLES; Mr. Ald. FARNCOMB; Sir FRANCIS GRAHAM MOON, Bart., Ald.; Mr. Ald. CUBITT; Mr. Ald. ROSE; Mr. Ald, HALE; and MICHAEL PRENDERGAST, Esq., Q.C.

Before Mr. Justice Crompton and the Third Jury.

5th April 1858
Reference Numbert18580405-403
VerdictGuilty > pleaded guilty

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403. WILLIAM JAMES GREENFIELD (22) was indicted for unlawfully assisting one Thomas Wilks to escape from prison: to which he

PLEADED GUILTY .— Confined Three Months.

5th April 1858
Reference Numbert18580405-404
VerdictGuilty > pleaded guilty
SentenceImprisonment > penal servitude

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404. JAMES GOODFELLOW, alias Goodbody (21) , Stealing, whilst employed in the Post Office, a post letter containing 2s., the property of Her Majesty's Postmaster-General: to which he

PLEADED GUILTY .— Four Years Penal Servitude.

5th April 1858
Reference Numbert18580405-405
VerdictGuilty > unknown
SentenceImprisonment > penal servitude

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405. LOUIS DAUMOND (30) , Feloniously and knowingly uttering a forged 5l. Bank of England note.

MESSRS. GIFFARD and BAYLEY conducted the Prosecution.

WILLIAM THOMAS MANTEL . I am assistant to Mr. Ablett, a hosier, of Regent Street. On Tuesday afternoon, 23d Feb., about half past 1 o'clock, the prisoner came to our shop—I served him with some gloves, shirts, socks, and braces, amounting to 2l. 15s. 9d.—he offered me a 10l. note in payment; I took it to the cashier, Henry Clark; he went out with it—he came back with it in a short time—he refused to change it, as it looked suspicious—I asked the prisoner if he had change; he said he had no change—I then asked him if I should send the goods, and he gave me the name and address of Mr. Delany, Queen's Hotel, opposite the Post Office; I took it down in a memorandum book—I gave the note back to the prisoner.

HENRY WILLIAM CLARK . I am cashier at Mr. Ablett's. I remember the prisoner coming there on 23d Feb.; Mantel served him—I received from Mantel what appeared to be a 10l. Bank of England note—I went out with it, and showed it to a neighbour; I then came back with it, and gave it back to Mantel—I then went outside the shop, and waited opposite until the prisoner came out—he turned up towards the Circus, and went through Argyll Street, Marlborough Street, and other streets, until he got to Finsbury Place, in the City—I followed him the whole distance—I saw him go into the shop of Mr. Thompson, a tobacconist—he stopped there about a quarter of an hour or twenty minutes—I waited outside, and when he came out I went in and made some communication—I then followed the prisoner again—he went to the Cat public house, in Chiswell Street; he stopped there nearly five minutes—I then followed him to Spechley's coffee house, in Alderagate Street—I left Mr. Thompson Prisoner. Q. Did not I go to the Post Office? A. Yes, before going to and his man Simmonds waiting outside that house.

Mr. Thompson's; you went first to the Dead Letter Office, and afterwards to another part—I do not know what you asked for there.

SARAH THOMPSON . My husband is a cigar manufacturer, at No. 10, Finsbury Place, City; we let apartments. On Tuesday afternoon, 23d Feb., I went into the shop and saw the prisoner there—he wanted a bedroom for a short time—I took him up stairs, and he selected one at 9s. a week—I then went down into the shop with him—he said he should come next morning—hesaid, "Is it customary to leave a deposit?"—he said he was staying at an hotel at the West End, and only arrived in London the night before, and he would bring his carpet bag in the morning—he gave me a 5l. note to take one week's rent out of it—I sent the shopman to fetch my husband; he came back with him—the prisoner was asked to write his name on the note—I asked his name, and my husband gave him the pen—he wrote on it, "Louis Daumond"—this is the note (produced)—I saw the prisoner write that—my husband gave him the change, and he want away; he said he should come to-morrow morning.

Prisoner. Q. Did I say it was customary to leave a deposit, or did you ask me for it? A. You asked me the question—when you left, you asked the way to Ludgate Hill, and you went in the direction indicated—I cannot say for certain whether you wrote the name on the note, or my husband—I know my husband's writing—I cannot say whether this is his writing or not.

COURT. Q. Are you sure that the prisoner said his name was Louis Daumond? A. Certain; and I think he wrote it, but I should not like to swear it.

BERESFORD THOMPSON . I am a cigar manufacturer. On 23d Feb., between 3 and 4 o'clock, I came down to the shop and found the prisoner and my wife there—a bank note was lying on the counter—my wife asked me in the prisoner's presence to give change and take 9s.—I gave him the change, and asked his name; he said, "Louis Daumond"—I was not certain at the moment whether I gave the prisoner the note to write it, but this seems to be my writing—I gave him four sovereigns, a half sovereign, and 1s.; he took it and left the shop—in consequence of a communication that was made to me, I and one of my assistants followed him to the Cat public house—I waited outside until he came out—I kept the note in my possession—I followed the prisoner to the coffee shop in Aldersgate Street—I left my assistant there to watch the prisoner, and I went to the Money Order Office—when I returned the prisoner was still in the coffee shop, and my assistant watching outside; I told him to watch—there was no policeman there then.

COURT. Q. Did you put your initials to the note? A. Yes, I did at the top; there they are—I put them on at the police station that same afternoon—Iam quite sure that he gave me the name of Louis Daumond.

WILLIAM SIMMONDS . I am assistant to Mr. Thompson. On 23d Feb. I was in the shop when the prisoner came in—I saw him band a 5l. note to Mrs. Thompson—I afterwards left the shop with my master and Mr. Ablett's young man, and followed the prisoner down Chiswell Street to the Cat—hestayed in there five or six minutes, and then went to the coffee shop in Aldersgate Street—I waited outside there three quarters of an hour altogether—whenhe came out I followed him closely—he went into a pawnbroker's a little further on, on the same side of the way—he was in there some little time—he then came out and pointed to a watch that he saw in the window, and went in again—I waited till he came out—I saw the pawnbroker's assistant putting on his coat at the door; I went and spoke to him, and we followed the prisoner—he turned round and looked at both of us, and then

walked much faster—I spoke to a policeman; he went and touched the prisoner on the shoulder, and said he should take him in charge for passing bad notes—the prisoner turned round, and when he saw the pawnbroker's young man, he said, "I know I have passed two there, bat I did not know they were bad ones."

Prisoner. Q. Were you alone when I came first into the shop? A. I was; you bought a book of cigarette paper, for which you gave me 1d.—I did not mention before the Magistrate that you looked round and walked faster—you did not run.

COURT. Q. Had you a card about lodgings in your window? A. Yes; one in each end of the window, with "Furnished apartments to let" on them.

HENRY ROBERT ELLIS . I manage the business of Mr. Harrison, a pawnbroker, in Aldersgate Street. On 23d Feb., the prisoner came there, between 4 and 5 o'clock, and asked to look at a gold Albert chain; he afterwards pointed out a gold watch—we bargained fur the price, and eleven guineas was ultimately agreed upon—the young man that served him asked him for his name, and I heard him give the name of Daumond—he tendered two notes to pay for the watch, a 10l. and a 5l.—these (produced) are the notes—hegave them to the young man, who handed them to me—I examined them, and told the prisoner they were forged—I asked the prisoner where he got them from, and he told me on board the steamboat, in exchange for foreign money—I told him, to make sure that they were bad, I would present them at the Bank the next morning, and if found to be good, I would give him the watch and chain and the difference; he was to call next morning—I gave him a card of ours; he then left the shop—I kept the notes in my hand and followed him—when I had got a little way, the witness Simmonds tapped me on the shoulder, and spoke to me, and we followed the prisoner—we then communicated with a policeman in Silver Street, followed him into Wood Street, and there he was taken into custody—I gave the notes to Brett, the policeman—I marked them at the station with my initials—these are the notes.

Prisoner. Q. Did not I tell the gentleman who sold me the watch that it was merely a commission, and that I bad to rely upon his good faith for a good English made watch? A. Yes, you did; I did not hear you say it was a commission from France.

JAMES ALBERT BRETT (City policeman, 174). The prisoner was given into my custody by Simmonds in Wood Street, and Ellis gave me a 10l. and a 5l. note—I took them to the station and marked them there—these are them—Ireceived another note from Mr. Salter, the inspector—this is it (the one identified by Thompson)—I searched the prisoner and found on him a half sovereign and 10s. in silver, and four cards of address, which I produce—this one has "Elder's Hotel" on it; that was written by Mr. Salter at the station—Iasked the prisoner where he lived; he said in France, he came from France yesterday—I then asked where he stopped last night; he did not answer—I then asked him at what place it was, showing him two cards, and he picked out the one with Elder's Hotel on it—I went to Elder's Hotel—I found a carpet bag there, and a key that I found on the prisoner opened the padlock of it.

Prisoner. Q. When you went to Elder's Hotel, did not they state that I bad arrived the night before? A. Yes; the day before—they did not say about time.

WILLIAM TIMMS . I am head porter at the Queen's Hotel, opposite the Post Office. I do not know the prisoner; he is not known to me.

COURT. Q. When was your attention called to this? A. A few days ago when the officer called—we take an entry of the name of everybody who arrives at our house—that book is kept in the bar, and we keep a copy as well—I only speak from the entry of another person—it is not likely the prisoner could have been there without my knowledge, because I am there nearly at the arrival of everybody—we make no entry of persons who casually come.

Prisoner. Q. Is there not a waiter there speaking French? A. Yes; he may have served you with your breakfast—I know nothing of that—no carpet bag was given up to the police from our place.

JOSEPH BUMSTEAD . I am inspector of notes at the Bank of England. I have examined the three notes produced; they are all forgeries—the two 5l. notes are from the same plate.

Prisoner. Q. Do they not look sufficiently good to deceive any person comparatively unacquainted with them? A. They are—we do not consider them very good—I have no doubt they are printed on English paper.

The prisoner, in a long defence, stated that he had received the notes in exchange for foreign money from a person on board the steamer, who had also lent him a small sum as he had no change; that he met that person afterwards by appointment at the Cat, in Chiswell Street, and paid him back the money he had borrowed out of the change which he received from Mr. Thompson; and that he knew nothing of the notes being forged; he also stated that the questions he had put to the witness Timms were put under the impression that he came from Elder's Hotel.

GUILTY .— Five Years Penal Servitude.

Before Mr. Justice Byles.

5th April 1858
Reference Numbert18580405-406
VerdictGuilty > with recommendation

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406. WILLIAM HUTCHINS (33), and MARY HUTCHINS (39), were indicted for feloniously killing and slaying William Sawyer; they were also charged on the Coroner's Inquisition with the like offence.

MR. CAARTEN conducted the Prosecution.

MARGARET SAWYER . I am the wife of William Sawyer—he lived with me at No. 42, Devonshire Street, New North Road—the prisoners lodged in the same house, in the back room first floor—I was not aware of any one living in the room but themselves—a woman named Perry, and her niece, lodged in the front room on the same floor—a sister of mine lived with me, and slept in the shop—on Thursday evening, 18th Feb., a policeman came to me about dusk—I went to bed about a quarter to 12 o'clock that night, I do not know whether the prisoners were in their room then or not—after I had gone to bed I heard somebody come in at the front door and go up stairs to the prisoner's room; my husband then went and bolted the front door and came to bed again—about ten minutes afterwards we heard footsteps stealthily come down the stairs again, and some one unbolt the back door leading into the garden—upon hearing that we both got out of bed and went into the passage, and found the female prisoner and a man without shoes or hat—I had seen that man before in my shop—my husband asked what he wanted there—he said he lived up stairs; my husband said he was not aware of it, and asked him in what room—he said the back room; my husband turned to me, and asked if I had let the room to that man—I said I had not, but I had let it to that woman (pointing to the female prisoner), and that on one occasion when I spoke to her about this man, she had called him her brother; she said if I spoke a word she would take my life, and she rushed at me, and seized me by the hair; and she called my husband a most awful name—when she caught me by the hair he passed his

hand between her and me, and she said if he interfered she would kick his inside out, using a very low expression at the same time—she partly pulled me up stairs by my hair, and she commenced kicking my husband in the stomach with her feet—just at that time the male prisoner came down; he said that the man was a lodger of his, and he would have him in the room whether we liked it or not; my husband said he was no lodger of his and he would have him out of the house, he would send for the police and have him removed if he did not go quietly—the male prisoner said, "I will let you see whether I will have him in the room or not, "and he struck him in the mouth, and raised his knee and drove it right into my husband's side—my husband was then standing about the middle of the stairs, and the male prisoner was above him—he pressed his knee somewhere about the side, under the ribs, and pressed him against the wall—I screamed out, "Murder! don't murder him"—and my husband exclaimed, "Oh!" and stooped down—during all this time the female prisoner had not released her hold of my hair—she released me then, and my husband, when his hand was disengaged, stept down to the bottom of the stairs—I called "Murder!" and my sister came; I do not know at what time she came—I do not know whether the female prisoner kicked my husband after the male prisoner came, for she had my head bent down so that I could only see her feet move kicking into his side—she had pulled my head down, and I kept it down for fear of her striking my face—I saw her kick him in the side and stomach; she was then on the stairs over his head—he had done nothing to her before the male prisoner kicked him; I do not believe he touched her, I did not see him do so—apoliceman afterwards came, and the strange man was removed—the prisoners went up to their own room, swearing they would have our lives the first time they laid hands upon us—We went into our room and went to bed—nextday my husband walked with me to the Temple to his solicitors; he was not well, he complained of pain in his side; we went to Worship Street to give information, but they would not hear to it—on the Saturday he was worse—he still complained of pain in his side, and I applied a mustard poultice to it—I then sent for Mr. Simpson who attended him till his death on 9th March; he continued to complain of his side all the time.

Cross-examined by MR. PAYNE (for William Hutchins). Q. Had your husband suffered in the side from a kick by a horse some lime before? A. Never in his life—I had not been married to him quite twelve months; during that time he never had a kick from a horse—I have made every inquiry of his family and his medical man, and he never had—he had no such kick two years ago, nor did he discharge blood in consequence; his b—y, who is eleven years old, is in court—I never saw any blood on his linen of that kind—a Mrs. Slade washed his things, not Mrs. Nogle; I believe she is Mrs. Slade's mother—I made the inquiry because I heard the prisoner had said so—I never said to Mrs. Slade, or any one, there was a little blood on his linen, and I can explain to any medical gentleman what that was—I never told Mrs. Slade that it proceeded from a kick from a horse—I never had any quarrel with the prisoner before this day—we had been to Worship Street that day—I am not aware that I was bound over to keep the peace; there was no binding—my husband was not there—I do not know what was done to the prisoner—I never laid my hand upon her or touched her on this occasion; she did not give me time to catch hold of her—I could not reach her, my husband stood between us; I never touched her at all—I could not struggle, except what I did by holding my head—my husband had his arms

between me and her all the time—William Beeton, the man I speak of, stood on the same landing that I did, he was not up stairs over my head as they were—I did not see James Parsons the pot man of the Lion there, or Mrs. Perry, or her niece—I believe they were both in the house, but I did not see them.

ANN REYNOLDS . I was living at No. 42, Cavendish Street at this time; I slept in the shop. On Thursday night, 18th Feb., I was awoke by the screams of my sister—I left the shop and went through the passage, and saw the male prisoner having hold of Mr. Sawyer by the hair of his head—theprisoners were very near the top of the stairs above Mr. Sawyer—he was about the middle of the stairs against the banisters—I saw the male prisoner give him a very violent kick on the side—at that time I went out into the street, and called "Police!" and two policemen came—I saw the female prisoner—she had hold of my sister by the hair of her head, and my sister was rather in a bending position.

HENRY SIMPSON . I am a surgeon, in City Terrace, City Road. On Saturday evening, 20th Feb., I was called to Sawyer's house, in Cavendish Street—I examined him, and found his left side very much swollen; he was also complaining of very great pain in that ride just below the left breast—Idirected the usual treatment, medicine for pleurisy, and ordered leeches—I ordered him to remain perfectly quiet, and to abstain from liquor—I saw him again on Sunday; he was much worse then—I continued to see him every day until he died—he got gradually worse, and died on the evening of 9th March, about half-past 8 o'clock—he made a statement to me about half-past 2 o'clock on the Monday—I had before that told his wife, in his presence, that I thought there was no hope of his recovery; that was intended for him to hear—he said he thought he should never get better, and he said so frequently during the time I attended him—when I told his wife, in his presence, that I thought there was no hope of his recovery, he made no remark immediately, but about two or three minutes afterwards he said he thought he should never get better—I then asked him to tell me exactly how the accident had occurred—(MR. PAYNE submitted that this evidence was not sufficient to admit the statement as a dying declaration; Mr. Justice Byles was of opinion that it was sufficient, and would admit the statement)—as near as I can recollect the words, he said, "I was standing on the stairs when Mrs. Hutchins kicked me in the stomach; she did not hurt me, but Mr. Hutchins pressed his knee into my side, and I believe that to be my death-blow"—that was all he said—hedied about four or five hours after wards—he was in a very exhausted state at that time, but perfectly sensible—on the following Friday I made a post mortem examination—I found a bruise on the left side and on the back; corresponding to that, another bruise—I also found the ribs on that side depressed in front—the expression of the face was highly painful, and a little frothy mucous was issuing from the mouth—I afterwards opened the body—Ifound the brain slightly congested, but nothing more than usual—I opened the chest—on the left side I found some slight amount of effusion, on cutting through the covering of the lungs, and on examining the lower lobe of the left lung in the pleura, under the place corresponding with the injury it was in a highly inflammable state, and the lungs also were very much inflamed—I cut through the pleura—I found nothing particular on the external surface; on the internal surface it was very much inflamed and almost in a state of gangrene from the acute inflammation, and also some amount of effusion in that cavity—thelower lobe of the left lung was also in a very inflamed state—in my opinion

the external injury was the cause of death; I mean the blow or pressure on the left side—I have not the slightest doubt of it—the pressure of a person's knee would be sufficient to cause that injury.

Cross-examined. Q. Did you discover any signs of an old injury to the ribs? A. No; he had been subject to piles—I saw no marks of any old fracture, nor did I discover any injury; he was about thirty-three years of age—he was not a healthy man—I should imagine he had taken a great amount of stimulant in early life; he was not particularly thin.

The prisoner, Mary Hutchins, in her defence, entered into an explanation of the cause of quarrel, and stated that all she did was in self defence, to protect herself from the violence of the deceased and his wife.

(The prisoners received good characters.)

GUILTY .—Recommended to mercy.— Confined Six Months.

Before Mr. Justice Crompton.

5th April 1858
Reference Numbert18580405-407
VerdictGuilty > with recommendation
SentenceImprisonment > penal servitude

Related Material

407. MICHAEL CRAWLEY (35) , Feloniously wounding George Roffell, with intent to do grievous bodily harm.

MR. PAYNE conducted the Prosecution.

GEORGE ROFFELL . I am a wood turner, living in Holywell Road; the prisoner was in my employ. On the afternoon of 15th March, I was in a coffee house near my house; the prisoner came to me there, and said somebody body had broken the skylight—I went back with him to the shop and found it broken—from some information I had received, I said I thought he had done it—he asked me who told me—I said the person next door saw him do it—hesaid he would go next door and see all about it—then he said, if I thought he had done it, he would have his money and leave—I paid him his wages for the morning's work—he then demanded three times whether I believed he had broken the skylight, and the third time I replied that I knew he had—he then struck me with his fist at the side of the head—he took up a bit of mahogany to make a second blow at my head—he put it down again, and took the chopper from the chopping block, this is it—(produced)—he said, "You b—, I will slay you in your own house, "and he made a blow at my head with it, but I bobbed my head on one side and escaped it—the witness Bonella then stepped or ran forward and took the prisoner by the arm and endeavoured to reason with him; I stayed still during that movement—when the prisoner felt Bonella's arm placed on his, be turned round to him and said, "I have more spite against you than him," and directed his attention to Bonella—I walked towards the front door—on the threshold of the door, I turned round, and the prisoner seeing me likely to pass out, left Bonella and made a second blow at my head with the chopper, using the same word, "I will slay you"—I jumped back to avoid the blow with my arm out, and the blow took effect on my wrist; it cut my wrist to the bone—I did not bleed very much—I went to a surgeon and had it dressed—a constable was got and the prisoner was taken into custody—I have not suffered any pain from the wound, but I have been disabled from business by it, and I have been attended by a medical man up to the present time—the prisoner was decidedly not drnuk.

Cross-examined by MR. SLEIGH. Q. But I am afraid he was decidedly the worse for liquor? A. No, he was not; he may have had a pint or so of beer, but not enough to affect him—he was in liquor when he was captured—he has been about a year in my employ—he was a very good servant, and an orderly man—he is married, and has a large family—this occurred on the day of the eclipse; I had been out on the skylight, looking at it—no angry

words passed between us about the breaking of the skylight, beyond What I have stated—my arm is nearly well now.

COURT. Q. Was the blow aimed at your head apparently with violence? A. Yes.

WILLIAM ALEXANDER BONELLA . I live in Tabernacle Row, St. Luke's. I was in Mr. Roffell's shop on 15th March—I saw him pay the prisoner his wages—after he had done so the prisoner turned to him, looked him in the face, and asked him if he believed he had broken the window—he repeated the question more than once, and Mr. Roffell said he believed he had, or words to that effect—the prisoner then struck him with his fist on the side of the head—he then snatched up a piece of mahogany from off the lathe, and essayed to make a blow, but pat it down again and took the chopper and struck at him with the chopper, saying that he would slay him in his own place—to the best of my belief he aimed at his head—Mr. Roffell avoided the blow—I could not exactly see in what manner, but he stepped on one side—when I saw the prisoner take up the chopper it startled me, and I called,"Crawley, Crawley," and stepped forward to interfere—the prisoner turned round on me, and said that he had more against me than he had against him, and made a blow at me with the chopper—I warded it off with my arm, and then the prisoner seeing Mr. Roffell passing out of the door, directly turned from me and made another blow at him—I could not see the effect of the blow on account of the partition—he then turned round and threw the axe down, and went away—I took it up and put it on one side, and then I went and found Mr. Roffell with his arm cut.

Cross-examined. Q. Could you form any idea as to whether he had been drinking or not? A. In my judgment he had drank very little, but I am satisfied he had been drinking somewhat, but it had not affected his intellect—Ihave known him about twelve months—I always considered him a peaceable well-disposed man.

JAMES FLOYD (Policeman, A 449). I took the prisoner into custody between 4 and 5 o'clock, near the police court, Worship Street—he was then in liquor—I told him he was charged with cutting and wounding Mr. Roffell—hesaid be wished he had cut his b head off; if he had been Jack Ketch he would have hanged him.

COURT. Q. Did he seem to you to be able to understand what he was doing? A. Oh, yen, he was not so drunk but what he knew what he was doing.

EDWARD HOLFORD . I am a surgeon, at No. 1, City Road. On 15th March, Mr. Roffell came to my house about 3 o'clock in the afternoon—I examined his arm—I found a wound on the left fore arm about an inch in length, just above the wrist—it penetrated to the bone—I dressed it—I have attended him ever since—it was such a wound as might have been made by a chopper. GUILTY Recommended to mercy by the Prosecutor and Jury.— Three Yeah Penal Servitude

Before Mr. Justice Byles.

5th April 1858
Reference Numbert18580405-408
VerdictGuilty > unknown
SentenceImprisonment > penal servitude

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408. GODFREY KNOWLES (27) , Feloniously cutting and wounding Charles Hamilton, with intent to do him grievous bodily harm.

MR. SLEIGH conducted the Prosecution.

JAMES PEMBERTON . I am a private in the Coldstream Guards. The prisoner was in the same regiment—he returned to the barracks about 1 o'clock in the morning on 24th Feb.—I believe he had been drinking—he conducted himself in a disorderly manner, threw his clothes about, and talked

loud, no as to call the attention of the sergeant; and the sergeant told him if he did not behave quietly he would have to be conveyed to the guard-house—hereplied, if he took him to the guard-room he would cut his b—throat—thesergeant ordered two privates to remove him—the prisoner said he would go to the guard-room himself if he would let him pat on his boots—he went out of the room, and came in again, and took off his boots again—the sergeant told him to dress to go to the guard-room—he then began to feel about his kit, which was over his bed—he found a razor, and he struck at the sergeant with the razor, and cut him across the throat—he said nothing at the time—the sergeant was then going to lay hold of him, and he struck at him again, and he heaved np his arm and cut him across the breast—the sergeant came up to the other end of the room to me, and said, "Pemberton, my throat is cut"—I then jumped out of bed and wiped his throat with a sponge, and he was taken to the hospital—the prisoner afterwards said he knew very well what he had done, and he was not sorry for it—that was three or four minutes afterwards in the barrack-room—before he struck the sergeant, he said he had done seven years penal servitude, and he would do twenty for him; and after he had done it, he said he would serve me the same.

CHARLES HAMILTON . I am a sergeant in the Coldstream Guards. On the night in question I was in bed when the prisoner came into the guard-room—inconsequence of his violent conduct, I remonstrated with him, and told him he must be conveyed to the guard-house if be persisted—I got up and ordered some men to remove him—he said he could go to the guard-room, that he had had seven years penal servitude before—almost immediately after, he went to his kit and found something with which he cut me under the chin, under the left arm, and on the right breast—some of the soldiers came to my assistance, and he was taken away, and I was taken to the hospital—I am almost well now—I never had any quarrel or disagreement with the prisoner previously.

Prisoner. I have not the least knowledge of saying that I had done seven years penal servitude, for I never did penal servitude in my life. Witness. I am quite sure that he said so—I have no reason to suppose that he ever did have seven years penal servitude—I have known him almost two years—wecome from the same town—we had been good friends up to this time, as far as a sergeant is with the men—I was with him in the Crimea—he had been drinking, but was not very drunk—I think he knew what he was doing—Iwas dressed at the time—this is the coat I had on (produced).

JAMES WARDROP . I am surgeon to the Grenadier Guards On the morning in question the sergeant was brought to the hospital—I found a deep wound across the centre of the throat about two inches long, such as a sharp instrument would make; another incised wound beneath the left arm, on the side of the body, about two and a half inches long, and also deep; and a. superficial wound across the breast about an inch long—both the wound in the throat and that beneath the arm were of a dangerous character—they might have been produced by this razor (produced).

(The prisoner's statement before the Magistrate was read as follows: "Up to that time, I had been on the most intimate terms with Sergeant Hamilton, both of us coming from the same town; I had been drinking that evening, and bad no idea of doing such a thing.")

Prisoner's Defence. I wish briefly to state that I feel very sorry that I have thus committed myself; but I trust you will be as lenient as the law will allow, being on the most intimate terms with the sergeant, and having no

previous animosity to him; had I not been under the influence of liquor, and unconscious of what I was doing, I believe I should not have thus committed myself; I have borne a peaceable character in the regiment, and have never had a drunken report; but very little liquor affects me.

GUILTY .— Three Years Penal Servitude.

THIRD COURT.—Wednesday, April 6th, 1858.



Before Mr. Common Serjeant.

5th April 1858
Reference Numbert18580405-409
VerdictGuilty > unknown
SentenceImprisonment > penal servitude

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409. WILLIAM CONNELL, alias Vandyke (45) , Feloniously uttering counterfeit coin.

MESSRS. POLAND and SCOBELL conducted the Prosecution.

THOMAS TOWNSEND (Policeman, 611). I produce a record of conviction—(Read: "Central Criminal Court, Feb., 1857; William Council, Convicted of passing a counterfeit half sovereign; Confined one year")—I was present, the prisoner is the person.

Prisoner. I acknowledge that.

AMELIA FOSTER . I am the wife of James Foster, of No. 4, Long Alley, Moorfields. On 15th March, about half past 10 o'clock at night, the prisoner and another man came—I served the prisoner with a half quartern loaf, which came to 3 1/4 d.—he gave me half a sovereign, and I gave him 9s. 8 3/4 d. change—they left the shop together; I then examined the half sovereign, which I had not put with any other money, and found it to be bad—I went outside, and saw the prisoner, and the other man Williams with him—I hallooed, "Stop thief!" and they both ran away down some courts together for a little way, and then separated—Hackett came up, ran after the prisoner, and stopped him in my presence, he had a loaf with him—a constable was sent for, and he was given into custody—I gave the half sovereign to Mrs. Carter, who gave it to my husband.

Prisoner. Q. Are you quite I am the man who came to the shop? A. Certain; there was a woman in the shop, I gave her the half sovereign to look at.

MR. POLAND. Q. Are you able to say that he had the same loaf that you sold? A. Yes.

ANN CARTER . I live at No. 133, Long Alley, Moorfields. I was with the last witness when the prisoner came in, another man followed him in immediately—theprisoner bought half a quarten loaf, and paid with a half sovereign; Mrs. Foster gave him change, and he left immediately—she then handed it to me and said that it was a bad one; I kept it in my hand, and delivered it over after the prisoner was brought back—I am sure he is the man.

JAMES FOSTER . On 15th March the prisoner was brought back to my shop in custody—the last witness gave me half a sovereign, which I afterwards gave to the constable—going to the station I saw the prisoner throw something, and heard the sound of money falling—I remained at the spot, and said, "He has thrown something down?"—the constable said, "Yes, I heard it, there is some more money, I think"—he delivered him to two other constables, lit his lamp, searched, and found a bad half sovereign at the spot.

JOSEPH RICHARD HACKETT . I am a French polisher, of No. 4, Maxwell Court, Shoe Lane. I know Mr. Foster; on 15th March, about half past 10 o'clock, I saw her running at the end of Doggett Passage, and said, "What is the matter?" she told me what had occurred—I ran after the prisoner, caught him, and detained him till Foster and Mrs. Carter came up; he had half a quartern loaf with him—he said, "What is your game?"—I said, "I want you for passing a bad half sovereign"—immediately I said that, he dropped the loaf picked it up again, and was in the act of tying it up in a pocket handkerchief—I took him back to the shop, and detained him till a constable arrived.

Prisoner. Q. Did I tell you I was not the man? A. Yes, and I asked you to wait till Mr. Foster came up.

GEORGE HOBBS (Policeman, G 233). On the night of 15th March, I was sent for to Mr. Foster's shop, and the prisoner was given into my custody—I received this half sovereign (produced) from Mr. Foster—going to the station he dropped his hand by his right side, and I heard something fall on the pavement; I detained him there, and he made a desperate resistance, threw me down, and attempted to escape, but I laid hold of him, and threw him down; the boy Hackett came to my assistance, and two other constables took him to the station—I lit my lamp, searched the place, and found this ounterfeit sovereign (produced) in the gutter—he repeatedly denied having been in the shop—I found on him 2 1/2 d. in copper.

WILLIAM WEBSTER . I am inspector of coin to Her Majesty's Mint. These two coins are both counterfeit.

Prisoner's Defence. I saw somebody come out of Mr. Foster's shop with a loaf, and turn up an adjoining court; it could not have been me, for if I had passed it I should have thrown the loaf away; I picked up the loaf, and said to the woman, "Is this your loaf ma'am?" she said, "No;" I said, "It will do for me," and put it under my arm, but I never put my foot in the shop; some party passing might have chucked that sovereign on the pavement; she said, "Give me my change;" I said, "That which I never received I never can give you."

GUILTY .**— Four Years Penal Servitude.

5th April 1858
Reference Numbert18580405-410
VerdictGuilty > unknown

Related Material

410. ANN DONOVAN (26) and SARAH JAMES (48) , Unlawfully uttering counterfeit coin.

MESSRS. BODKIN, POLAND, and SCOBELL conducted the Prosecution.

BENJAMIN, JENNINGS . I am a baker, of No. 52, Hilton Street, Westminster. On Friday, 12th Feb., about 6 o'clock, Donovan came to my shop for half a quartern loaf, the price was 3 1/4 d.—I served her, and she put 1s. on the counter, I had not change, and sent my assistant, Fanny Smith, to get it; Donovan seemed very fidgetty, went outside and spoke to a woman who I cannot recognize—Mr. Spires came back with Fanny Smith, and asked Donovan if she had given me that shilling, she said "Yes"—I asked her where she lived, she said, "No where"—I sent for a constable, and she was taken to the station, and discharged—a woman, who I believe to be James, followed her to the station—the 1s. was given to Spires.

FANNY SMITH . I serve in Mr. Jenning's shop. On Friday, 12th Feb., Donovan came, and Mr. Jennings gave me 1s. to get changed, I took it to Mr. Spires, of the Grosvenor Arms, and gave it to the barmaid, who gave it to Mr. Spires, who returned with me with the 1s.—I saw James standing outside the door, while Donovan was within.

EMMA PYE . I am barmaid at the Grosvenor Arms, Mr. Spires is the

landlord. On 12th Feb., the last witness came to the bar, and asked for change for 1s., I found that it was bad, and gave it to Mr. Spires.

WILLIAM SPIRES . I am landlord of the Grosvenor Arms. On 12th Feb., my barmaid gave me a bad shilling, and I returned with Fanny Smith to Mr. Jenning's shop and found Donovan there—I asked her where she got the 1s. from, I think she said she got it in Bond Street for charing—she was given in charge with the 1s.—on the way to the station some woman wanted to take the child two or three times—I cannot say whether James is the person, but when I heard her speak before the Magistrate, I believed it to be the same voice.

HENRY WALKER (Policeman, B 223). I went to Mr. Jenning's shop on 12th Feb., and saw James standing outside the shop—I went in and took Donovan, and she was afterwards discharged—on the way to the station James wanted to take the child from Donovan, they spoke together, and I have no doubt of James being the person—I produce the 1s.

ROBERT NEWBY . I am barman at the Duchess of Clarence, Vauxhall Road. On Tuesday, 11th Feb., the prisoners and another woman came in together, and I served them with a quartern of gin, and they all three drank of it—they paid me with a good 6d., and I gave the change; I then served them with another quartern of gin, they all drank of it, one of them gave me 1s., I gave the change, and they all three left—I put the 1s. in the till, there was other money there but no other shilling—shortly afterwards James came in alone, I knew her again, and served her with half a quartern of gin and some water, which came to 2d., she gave me a bad 1s., I broke it, and told her it was bad—she said, "Is it? I have not got any more; I have only got a penny, let me have 1d. worth," and threw the two pieces on the floor—ehe drank the gin, left, and I saw her join Donovan and another woman on the other side of the road about twenty yards off—I went to the till before she left the house, and found that the shilling which I had placed there was bad; I picked up the broken pieces of the other and took charge of them, and ultimately gave them to King—on the 15th, about a quarter to 10 o'clock in the morning, the two prisoners came again, and I served them with a quartern of gin which came to 4d., Donovan gave me a half crown, I examined it and found it was bad—I told them it was bad, and it was not the first time, they replied that they had not been in the house for five years before—I sent for a constable and gave them in charge with the half crown.

Donovan. I never said that I had not been there for five years. Witness. Yes, you both said so.

WILLIAM KING (Policeman, B 198). I took the prisoner, and received from Newby the half crown and one shilling in two pieces.

WILLIAM WEBSTER . These coins are all counterfeit.

James' Defence. I was never in the Duchess of Clarenee till 15th Feb., not for years before; Mrs. Donovan asked me to go and have something to drink, and the young man said that it was a bad half crown. I have a witness to prove I was in Lambeth, the whole of Friday, and was not ia Westminster at all.

James called

EMMA HILL . I am the wife of Henry Hill, a carman, of No. 66, John Street, Blackfriars Road. I have known Mrs. James near upon seven years—on Friday morning, 12th Feb., she was in my company all day, and on Saturday too—she was in my company first between 11 and 12 o'clock in the morning, we met in the street accidentally, very near Rowland Hill's Chapel—Iwent for a walk, and she went home to my place and waited there, and

had dinner and tea with me; we then went out again, and the waited till 11 or 12 o'clock at night—she had nevar done that before, but we had worked together—my husband came home to his meals; he did not have his meals with her, but he saw her there—he is sot here—I know that it was Friday, 12th Feb., because I heard of this affair, and went down to Westminster Police Court; but the gentlemen would not allow me to speak, and she was remanded—I did not notice the day of the month that I went, but it was on 12th Feb. that I met her; I did not lose eight of her till near 10 o'clock at night, and I saw her again next day, Saturday.

JURY. Q. Are you sure that it was on Friday that she was with you? A. Yes, my husband came home and saw her in the home, but we had dinner by ourselves.

Cross-examined by MR. POLAND. Q. Is not your name Mackintosh? A. No—my husband works at Mr. Sappett's, at Bankside—I am no relation to James; that is the only name I have known her by—I cannot exactly tell you the day that I heard she was in custody: it must have been a week after that Friday—I know it was Friday, the 12th, because when I heard of it I took account of the day, as I knew it to be false—I was with her all day till very near 10 o'clock—we went for a walk—I was not out of work—we went out again after dinner, round Kennington and round Blackfriars Road; we never went near Westminster Bridge at all.

COURT. Q. Is there anybody here who was with you that day? A. No, but here is a person in court, Elizabeth Laney, who knows something about James—I do not know that Laney's real name is James, I do not know much of her—we did not come here together to-day; I met her here, and she said that she had come up to speak—this was not the only day that James and I were together, we had been together-many times before, but not for so long; and we have worked together at Allen and Eade's, in, Bartholomew Close.

ELIZABETH LANEY . I am the wife of William Laney, who contracta for wood and sawdust, at Pimlico saw mills. On the night of 12th Feb. I was passing through Wilton Street, and saw some people round a bakers shop, and saw Donovan inside; I asked what it was, and some boys said that a woman was passing a bad shilling—I waited till a policeman came, and spoke to him—when she was brought out, going through Vincent Square, I said to her, "What is the matter? Shall I take your baby?"—she refused, and I went to the station and waited till she came out—I am positive James is not the person, because it was me that spoke.

Cross-examined by MR. BODKIN. Q. What was your name before you were married? A. Elizabeth James—I have a mother living—she has not been taken into custody lately for uttering bad coin—there is a person named Elizabeth James, bnt she is no relation of mine—I knew that James was in custody, because the policeman came to her place when I was attending to her when she was very ill—she lives at 3, George Court, Ann Street—she sent to me, and said that there was some tea and sugar at the station house if I would send for it—I attended her as a friend—she was taken to prison for uttering had money, and I lent her my gown to pledge for a half crown—I swear that she is no relation, but I have said to the policeman that she was my mother; that was because I was parted from my husband for tome months, and stopped with her—I was not parted from him, but to prevent ill usage on both sides I parted from him—Mrs. James acted as a mother to me, but she is not my mother—I did not come here to-day with the last witness—Imet her here, and was here from 10 o'clock yesterday till 5 o'clock.

COURT. Q. Do you know Donovan? A. Yes, by working with her sister,

and I have drunk frequently in her company—I knew where she was, because I was in company with her on Friday night and on Sunday—I did not see her on Friday till she was in the shop—I was not in company with her, but I saw the mob round the shop, and some boys said that a woman had been passing a bad shilling.

COURT to FANNY SMITH. Q. Is that the woman who was outside the shop? A. I cannot say that she is—I did not see her there—James is the woman.

WILLIAM SPIRES re-examined. I cannot say that James is the woman—I only go by her voice.

HENRY WALKER re-examined. I am sure that Laney is not the woman who came up and asked to take the child.

GUILTY .— Confined Nine Months each.—The JURY stated that they believed the evidence of Hill and Laney to be entirely false, and they were reprimanded by the COURT.

5th April 1858
Reference Numbert18580405-411
VerdictGuilty > pleaded guilty

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411. WILLIAM WRIGHT (40) was indicted for a like offence: to which he

PLEADED GUILTY .— Confined Four Months.

5th April 1858
Reference Numbert18580405-412
VerdictGuilty > unknown

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412. GEORGE SMITH (25) was indicted for a like offence.

MR. SCOBELL conducted the Prosecution.

SARAH ANN SCACE . I am the wife of Francis Scace, a pastrycook, of No.22, New Road, St. George's-in-the-East. On Saturday, 12th Feb., the prisoner came and asked for two lemons; he offered me three halfpence for two, which I agreed to—he gave me a half crown—I tried it with my teeth, found it was bad, and returned it to him—this is it (produced); here are three marks of my teeth—he was quite sober—my husband gave him in charge.

HUGH CAMPBELL . I am a carman, living at the Sailors' Home, Wells Street, London Docks. On Saturday, 20th Feb., I was at Mr. Scace's shop, and saw the prisoner and another man together walking on the pavement on the other side to the shop—the other man said, "That shop will do,"but did not point to any shop—the prisoner then crossed over to Scace's shop, and the other followed him and stood outside—the prisoner came out and looked round; a policeman came up, and he ran away, and threw a piece of money over the railway arch, and I saw something like a half crown in his hand—Iafterwards went with the policeman, searched the place, and saw a butcher pick up this counterfeit coin and give it to the constable.

WILLIAM TURNER (Policeman, H 64). I took the prisoner—I afterwards got a lamp and searched, and a butcher picked up this half crown (produced) and gave it to me—going to the station the prisoner dropped a penny—I do not produce it, as it was spent for refreshment, with another penny found on him—he was perfectly sober.

MR. WEBSTER. This is a bad half crown.

Prisoner's Defence. I did not know it was bad; I tried to make away with it, that I might not get into further trouble.

GUILTY .— Confined Six Months.

5th April 1858
Reference Numbert18580405-413
VerdictGuilty > unknown

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413. FRANCIS OWEN (26) was indicted for a like offence.

MR. POLAND conducted the Prosecution.

AMBROSE MILLER . I keep the Devonshire Arms, Queen Street, Golden Square. On a Saturday night, about three weeks before 5th March, the prisoner came to my house, and I served him with a glass of ale, which came

to 2d.—he gave me a bad half crown; I bent it, and gave it to him back, and he paid me with 1s. and left—on the 5th March, about 10 o'clock at night, he came again, and I served him with a glass of ale; I knew him again, and he gave me a bad half crown—I bent it, laid it on the counter, and said, "This is a bad half crown," and told him that he was the same man that had been in three weeks previously and uttered a bad half crown—hesaid that I was mistaken; I said that I was not—he paid me with a good half crown, and wanted to leave, but I called out to some men in the bar to close the door—a constable was sent for, and I gave him into custody—the constable found the bad half crown in his month, after I told him it was there.

Prisoner. I was never in the house before; he has made a mistake; I should never go to his house again if I had been there with a bad half crown.

WILLIAM KELLY (Policeman, A 319). I took the prisoner on 5th March, searched him in the public house, and found three halfpence on him, and this half crown in his mouth; I had to use slight force to take it out—he kept his teeth closed.

Prisoner. I put it in my month to bend it. Witness. It was between his teeth and his cheek.

WILLIAM WEBSTER . This is a bad half crown.

Prisoner's Defence. I was never in the man's bouse before.

GUILTY .**— Confined Eighteen Months.

5th April 1858
Reference Numbert18580405-414
VerdictGuilty > unknown

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414. ANN EDWARDS (35) was indicted for a like offence.

MR. POLAND conducted the Prosecution.

MARIA BRENTIM (through an interpreter). I keep a confectioner's shop, at St. Martin's Court, Leicester Square. On Friday, 4th March, at 7 o'clock in the evening, the prisoner came for a pennyworth of chestnuts, and gave me a 6d.—I gave her change, and she left—in about ten minutes I found the 6d. was bad—I did not mix it with other money—she came back in about ten minutes for another pennyworth of chestnuts—I knew her again; she gave me another bad 6d.—I told her that both sixpences were bad, and said that she had been there before; she denied it, and I gave her in charge with the two sixpences.

Prisoner. I was never in her shop before; I said I would stop for a constable. Witness. I cannot say what you said, because I do not understand English; but she said that she would leave her shawl in pledge, and go and fetch the woman who gave her the bad 6d.—I laid hold of her arm, because she was going away.

JOSEPH BENTLEY (Policeman, C 55). I took the prisoner and received these two sixpences from the last witness—she said that she did not know that the one they detained her for was bad, but that she had taken a bad 6d. during the day—I asked her to search her pocket and see whether she had tendered it in mistake; she said that it was no use to examine her pocket, for she had no money—she was examined at the station, and 1 1/2 d. found on her—she gave me her address, and gave another address before the Magistrate, but they knew nothing of her at either place—I asked her whether she did not sell fruit in the neighbourhood of the Haymarket; she said, "Yes, I always do"—previous to that she had stated that she was a charwoman.

WILLIAM WEBSTER . These sixpences are both bad.

Prisoner's Defence. I have been five weeks in prison for what I am innocent of; I was not aware of the 6d. being bad, or I should have chucked it away.

GUILTY .— Confined Nine Months.

5th April 1858
Reference Numbert18580405-415
VerdictGuilty > pleaded guilty; Guilty > unknown
SentenceImprisonment; Imprisonment

Related Material

415. ANN MARSHALL (20) and SARAH SMITH (16) were indicted for a like offence: to which

SMITH PLEADED GUILTY .— Confined Four Months.

MESSRS. BODKIN and SCOBELL conducted the Prosecution.

THOMAS STANLEY (City policeman, 423). On 11th March, about 7 o'clock in the evening, I saw Smith go into Mr. Chamberlain's, a butcher's, in George Street, Hanover Square—Marshall walked past the shop twice, and then went into King William Street—Smith came out, and was going towards her, but Mr. Chamberlain's foreman came out and took her back to the shop; she came out again, and joined Marshall—in consequence of what the foreman told me, I followed them through Lombard Street, to Fenchnrch Street—Smithwent into a butter shop, and then into a tea shop, and came ont again; Marshall remained outside—they at last got to High Street, Whitechapel, to Mr. Chappell's shop—Marshall left Smith looking in there, and crossed to the other side of the street—she remained there a few minutes, and then came back and joined Smith at the window—I heard Marshall say, "Go in, you fool, there is no one in the shop but the woman, it is all right"—Smith went in, and I saw her throw a florin on the counter—Mr. Chappell came to the door, and I told him, and be went in and gave Smith into custody, and gave me the florin—I desired a policeman named Willoughby to take Marshall, and they were both taken to the station—they refused their address, but said they lived in the Chapel, meaning Whitechapel—I was in plain clothes.

JOHN CHAPPELL . I am a draper, of No. 79, High Street, Whitechapel. On 11th March, Smith came ana made a purchase of calico and ribbon, amounting to 1s. 6d.—she gave me this florin, which I found to be bad, gave it to the policeman, and gave her in charge.

WILLIAM WILLOUGHBY (City policeman, 480). I took Marshall opposite Mr. Chappell's door, and told her she was charged, with the other prisoner, Smith, in uttering a 2s. piece; she said that she knew nothing of it; she did not know Smith, only as a friend.

Marshall. I said I did not know her; I did not say she was friend or foe. Witness. You did.

WILLIAM CHAMBERLAIN . I am a batcher, of No. 15, George Street, Mansion House. On the evening of 11th March, Smith came and bought some meat, which amounted to 6d.—she gave me a bad florin, which I gave back to her, and she returned me my change and meat.

WILLIAM WEBSTER . This florin is bad.

Marshalls Defence. I never saw Smith before, but she asked me the way to Whitechapel—I walked back with her, and left her looking in at Mr. Chappell's shop: I did not call her a fool; all he has said is false.

THOMAS STANLEY re-examined. I was looking in at the same time, and heard it; it was not whispered, but spoken out.

MARSHALL— GUILTY .— Confined Four Months.

5th April 1858
Reference Numbert18580405-416
VerdictNot Guilty > unknown

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416. MARY JONES (67) was indicted for a like offence.

MR. BODKIN conducted the Prosecution.

WILLIAM CHARLES BASSETT . I am a cheesemonger, of York Street, Westminster. On 2d March, the prisoner came there for a quarter of a pound of bacon, it came to 3 1/4 d.—she gave me a sixpence; I gave her change, and put it on the top of the till, not inside—there was no other coin there—as soon as she left, I discovered that it was bad—I went to the door, but did not see her—Iplaced it in a piece of paper, put the date on it, and tied it up—on Wednesday,

the 10th, she came for a quarter of a pound of butter, and paid me a sixpence—I recognized her directly, saw that it was bad, and sent for a constable—she had 1d. or more, and two sixpences in her band—she said that if they were bad, she did not know it, she took the second one in the Strand—she neither denied nor admitted the first—she had two more parcels, tea and sugar, I think.

Prisoner. I was never in the shop from the middle of Jan. till 10th March; I was laid np with a bad fever.

ALFRED KING (Policeman, B 250). I received the prisoner in custody, searched her at the station, and found in her hand 6d. and 1d. in good money—Ireceived two sixpences from Mr. Bassett.

WILLIAM WEBSTER . These are both bad.

Prisoner's Defence. I was taken very ill at the latter end of Jan., and was never able to go out of doors till March, when I went to buy a little tea and sugar; I laid one of the sixpences down; I could not tell one from the other; he took it up, and said, "Ah, old lady, I have got you now;" I said, "What do you mean?" he said, "I know you;" I said, "You ought to know me, I have bought in your shop a good many times;" he said, "Never mind, I will make an example of you;" I said, "If you will send to where I got the sixpence, no doubt the gentleman will change it;" he said, "No."

WILLIAM CHARLES BASSETT re-examined. That conversation did not pass.


5th April 1858
Reference Numbert18580405-417
VerdictGuilty > unknown

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417. FANNY JACKSON (17) was indicted for a like offence.

MESSRS. BODKIN and SCOBELL conducted the Prosecution.

JANE FARTHING . I am the wife of William Farthing, of Stepney. On Friday, 17th Feb., the prisoner came for a half quartern loaf, and put down a half crown; it come to 3 1/4 d.—I told her it was bad, and she asked to have it back; I gave her in charge.

JOHN HICKMAN (Policeman, R 424). I took the prisoner and the half crown—after being remanded twice, she was discharged on 2d March.

CAROLINE STEPHENS . I am the wife of Richard Stephens, of No. 1, Calcutta Place, East India Road. On Wednesday, 10th March, the prisoner came there about half past nine o'clock in the evening, and bought a packet of loaf sugar, some cocoa, and coffee, they come to 4 1/2 d.; she offered me a 2s. piece—I tried it on the counter, and told her it was bad—she said, "Is it?"—Igave it back to her and sent for a constable, who took it from her in my presence—I afterwards had it, gave it back to the policeman, and gave her in charge—my husband and the policeman went with her to her house.

RICHARD STEPHENS . I am the husband of the last witness. On the evening of 10th March, she showed me a florin, and I saw the prisoner in my shop—Ifetched a constable, and went with the prisoner to make inquiries about her—shehad given an address where her mother lived, and I said that if she had stated what was true, I should not give her in charge—the policeman said, "I do not believe you know where Eldon Gardens are;" and instead of turning to the left, she kept straight on; and instead of going to No. 1, she said it was No. 7, the other side of the way—nobody was living there, and I gave her in charge—'the woman said she knew nothing about her.

Prisoner. That was a strange woman.

GEORGE PAGE (Policeman, K 102). The prisoner was given into my custody by Mrs. Stephens on 10th March—I went with the prisoner and the last witness to the address she gave, but she was not known there—she was taken before a Magistrate next day, who said, as she had used some violence,

he should bind her over to keep the peace, and commit her for three months for want of sureties—she had struck Mrs. Stephens by the police station, and she caught hold of a glass bottle and threw it at the prosecutor across the court.

Prisoner. That was because he was telling lies.

WILLIAM WEBSTER . These are both counterfeit.

Prisoner's Defence. Mrs. Stephens had two or three more pieces, and she weighed one against the other, and kept the good one in her hand; I do not know whether it was her's or mine, she was mixing them one with the other.

GUILTY .— Confined Six Months.

5th April 1858
Reference Numbert18580405-418
VerdictGuilty > unknown

Related Material

418. ELIZABETH HAMPTON (24) was indicted for a like offence.

MR. BODKIN conducted the Prosecution.

MARY ANN WINCH . I attend to the business of my uncle, a muffin and crumpet baker, of Church Lane, Whitechapel. On 10th March, between seven and eight o'clock, the prisoner came for 3d. worth of crumpets; she gave me a shilling, and I gave her 9d. change—I put the shilling in a basin in a cupboard, there was no other shilling there—my uncle came home and looked at the shilling, nobody had interfered with it—on the 10th, the prisoner came again for 2d. worth of potatoes; she gave me a shilling—I gave it to the young man in the shop, and he said in her hearing that it was bad—my uncle was called, and she was given into custody—I know the prisoner, because she had two black eyes, and she had the remains of it when she came the next day but one.

Prisoner. I was not in your shop on Monday, it was Tuesday. Witness. On the Monday night and on the Tuesday; I did not tell you on the Tuesday night that you were the person, because I was told not to say anything.

FREDERICK PALMER . I am the uncle of the last witness. On 8th March, I found a bad shilling in a basin in the cupboard, I broke it up, and laid it on the mantlepiece—two days afterwards I saw the prisoner in the shop, and my attention was called to a bad shilling, which she had given my niece—Igave her in charge.

JOHN BAILEY (Policeman, H 107). I took the prisoner, and received these two counterfeit shillings (produced) from the last witness.

WILLIAM WEBSTER . These are both counterfeit.

Prisoner's Defence. I never was in the shop on Monday; on the Tuesday, I went for 1d. worth of potatoes, and gave the girl halfpence, and on the Wednesday, I gave her a shilling; I am unfortunate, and it was given to me by a tailor; if it was bad, I did not know it.

GUILTY .— Confined Nine Months.

5th April 1858
Reference Numbert18580405-419
VerdictGuilty > unknown

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419. LUCY ASHTON (21) was indicted for a like offence.

MR. BODKIN conducted the Prosecution.

THOMAS CHILD . I keep a chandler's shop in William Street, Bethnal Green. On 4th Feb., the prisoner came for a half quartern loaf; I served her—she gave me a bad shilling, and I gave her change—I went out after her, and saw her running with all her speed—I caught her, and told her she had given me a bad shilling; she said that she had not—I asked why she ran? she said, "Because you ran after me"—I gave her in charge with the shilling.

Prisoner. You put the shilling into the till. Witness. It never passed out of my hands till it went into the hands of the policeman.

FRANCIS KITTINGHAM (Policeman, K 313). Mr. Child gave the prisoner

into my custody with this shilling—I asked her what she had done with the bread—she said that she had thrown it away—I asked her where she got the shilling—she said, "I took it at a fish stall in Mile End Road"—she was sixty or seventy yards from the shop—she was taken before a Magistrate next day, remanded till the 9th, and discharged, there being nothing else against her—she gave the name "Fanny Batchelor" before the Magistrate.

Prisoner. This is not the shilling I gave him.

HENRY NETHERSOLE . I am landlord of the Howard Arms, Stoke Newington. On 8th March, in the evening, the prisoner came, about a quarter before 9 o'clock, and asked for some gin and cloves—she gave me a bad shilling; I asked her where she got it; she said, "At Islington"—I gave her in charge with the shilling.

Prisoner. Q. Did not you pnt the shilling in the till and take it out again? A. No; I tried it on the counter, and told you that I had had so many of you lately that I should make an example of you; and when I looked in the till, there was another bad shilling made in the same mould.

THOMAS STAFFORD (Policeman, N 160). I took the prisoner—Mr. Nethersolegave me a bad shilling, and the prisoner said that she was not aware it was bad, and he could do his best and his worst, it would not be much—I asked where she lived; she said, "I do not live any where; I starve."

WILLIAM WEBSTER . These shillings are both bad.

GUILTY . †— Confined Six Months.

5th April 1858
Reference Numbert18580405-420
VerdictNot Guilty > unknown

Related Material

420. JOHN WOOD (21), JOHN CALLAGHAN (47), and JOHN THOMPSON (22) , Unlawfully uttering counterfeit coin, having other counterfeit coin in their possession.

MR. BODKIN conducted the Prosecution.

HENRY DALTON . My mother keeps the Coach and Horses at Ealing, and I live there. On 19th March, the three prisoners came in for some tobacco—itwas past 12 o'clock at night—Thompson had a pint of beer, and paid with a good sixpence—Wood then called for another pint and a screw of tobacco, and paid with a shilling—I gave him change, though I fancied it was bad, but being busy, I put it in the till, where there were only a few other shillings, as I had not long cleaned it out—I kept it in my hand some time first—I went there afterwards and marked it; it had a peculiar head on it—I found it at the top of the till—there was a half crown or two, and two or three shillings and 4d. pieces there—I marked it and gave it to the officer—about half an hour afterwards Callaghan offered me a shilling for a pint of beer; I found it was had and gave it to him back—he put it in his mouth, pretended to bite it, and then put it in his pocket, and paid me with copper—they all came together and left together.

Wood. You turned the till over to get me a 4d. piece out. Witness. No; I took that from a jar—I put it into the till because there was nobody there but me, and it was night, and I might have got killed—you asked my pet man for a bed, but you did not stop long after I said that it was bad.

THOMAS DAY (Policeman, S 123). On Friday morning, 19th March, between 1 and 2 o'clock, I received information, and went with another constable to the Coach and Horses—I received this shilling (produced) from the last witness—I afterwards went with two other constables to the Green Man, and found the prisoners in the tap room talking and drinking together—Itook them into custody, searched Thompson, and found on him seven sixpences, two 4d. pieces, a 3d. piece, and 10 1/2 d.—I did not search the others.

JOHN NEAVES (Policeman). On Friday morning, 19th March, I was on duty in the Uxbridge Road, about half past 12 o'clock, and saw the prisoners.

walking together—Callaghan asked me if I could recommend him a lodging; I said I could not, but that there were two night houses down the road—I followed them, and saw them go into the Coach and Horses—about 2 o'clock, I went with Day to the Green Man public house, and found the prisoners in the tap room—I searched Callaghan, and found on him a counterfeit 1s., and a 6d. piece.

THOMAS CHAMBERLAIN (Policeman, S 108). I went to the Green Man, and assisted in taking the prisoners—I found 1d. on Wood.

WILLIAM WEBSTER . These shillings are both counterfeit.

Wood's Defence. I was in Kensington, on the evening previous, having a pint of beer in a public house, and these two prisoners came in, we walked to Ealing, and I asked a constable if we could procure a bed; he directed us to the night house, we went there, and I gave the landlord 1s. for a screw of tobacco, and he put it into the till with the other coins; in about a quarter of an hour Callaghan went to the bar for another pint of beer, and the landlord said that he had a bad shilling; there were thirty or forty in the tap room, it was very hot, and we moved into the next house, when the constable took us; I am positive the 1s. I gave was good; it is impossible that the landlord could pick it out of the till and say that it was the same.

COURT to HENRY DALTON. Q. Were they gone when you found the 1s. was bad? A. No; I challenged them with it, and they remained about half an hour after that—I pulled the drawer out and put the 1s. in, I did not put it through the hole.

Callaghan's Defence. I went to get a job which I had heard of at Feltham; I met Thompson, who I had worked with at Alderehot, he offered me a pint of porter, and we went into the public house; we met the policeman, who directed us to the night house; I had only got 1s. 1d., which was not much to pay for my bed, if I had known the 1s. was bad; it was 1s. out of half a crown for a pair of boots which I had pawned.


5th April 1858
Reference Numbert18580405-421
VerdictGuilty > unknown; Guilty > unknown
SentenceImprisonment; Imprisonment

Related Material

421. HENRY DOVEY (27), HENRY COX (18), JOHN HALL (18), and ELIZABETH PURSLOW (25), were indicted for a like offence.

MESSRS. BODKIN and SCOBELL conducted the Prosecution.

AGNES IMBRIE . I live at Isleworth; my father has a shop there. On 20th March, Cex came in for 1d. loaf, at a little after 4 o'clock, and gave me 1s.—Igave him 11d. change, and put the 1s. in the till, there was no other silver there—about five minutes afterwards I heard some disturbance in the street, in consequence of which I looked at the 1s. and found it was bad, a man bent it, and I gave it to a policeman.

Cox. There was more money in the till when I gave you the shilling. Witness. There was 6d. which I gave you as part of the change—I had taken out all the shillings five minutes before.

THOMAS KING . I am a baker, of Isleworth. On 20th March, Hall came and asked for a 2d. loaf, I said I had not got one, I had got two penny ones, he said, "That will do," and gave me a bad shilling—I kept it in my hand, and as soon as he went out I looked at it, and it was nearly black—I saw Cox and Dovey watching about eight yards off they laughed when Hall came out of the shop, and he passed them and went on—I overtook him, and told him he had given me a bad shilling; he took it from me, and gave me another out of his pocket that was a good one—he then came back to the other prisoners, and I gave information to the police.

Hall. The shilling was a good one, and the policeman took it from me. Witness. I am sure it was bad; I bent it double—I told the police there

were smashers in the town, and that I would gallop to Richmond and Twickenham and overtake them—I saw the female prisoner—a signal was given, and I overtook Hall and Dovey; two men stopped them, and I said, "If you offer to run away, I will trample on you; you are the parties I saw by the post—they said, "It is no use our trying to get away"—I brought them right into Isleworth and gave them into custody.

EDWARD WIGG . I am a baker, of Isleworth. On this Saturday afternoon, about a quarter past 4 o'clock, I saw Cox go into Mrs. Lack's, a grocer, in Isleworth, and afterwards into Mrs. Fraser's—when he came out of Mrs. Lack's, I went in—he bought 2d. worth of pudding at Mrs. Fraser's, and put a shilling on the counter, which I saw was bad; they gave him 10d. change—I stopped him coming out, and told him he had passed a bad shilling—hesaid that I was cunning—I went to Mrs. Lack's, and asked her if he was the man that came to her—I put the shilling in my mouth and bent it—heput the change on the counter, took the bad shilling, and threatened to punch my bead—a policeman took him and took the shilling from him—I saw Dovey and Hall going towards Richmond, and as soon as they saw King coming on horseback they ran away—Dovey had a basket, first but when saw him afterwards he had not.

Cox. You said you could not pick out the shilling; I said, "I can" and I picked out the bad one. Witness. No; the woman took all the money out of the till and picked that one out, and you said, "That is the one I gave you."

GEORGE HAYTER . I am a carpenter. I was going through Isleworth Square, and saw the four prisoners, about 4 o'clock in the afternoon—my attention was attracted by hearing. them talk a kind of slang—six or seven minutes afterwards I went into the Castle, and I saw a policeman taking Cox—I walked on the Richmond Road, and saw Dovey and Hall—King came up on horseback, and they started off—the woman was about 100 yards off.

Dovey. Q. I wish to know what bad slang we used? A. The remark was, "Kool ta the nam" that is "Look at the man" spelt backwards.

Cox. You said in your last evidence before Mr. Armstrong that you saw us all four in Isleworth Square. Witness. No; I said three—(The deposition being referred to stated, "I saw the four prisoners," naming them).

ANN LACK . I keep a tobacconist's and grocer's shop in Isleworth Square. On 20th March, about four in the afternoon, I served Cox with half an ounce of tobacco, which came to three halfpence—he laid down a shilling—my daughter picked it up, gave it to me, and said, "Mother, I do not like the look of it"—I asked her for another out of the till, and said, "Look there, your shilling is not like mine"—while I Was hesitating, off daughter gave him the change—I said, "Have not you another?"—he said, "No, I have only a penny"—I said, "Give me my change back; yoa had better have a 1d. worth"—he gave me the change, saying, "My shilling has Hot been rubbed so much as yours."

THOMAS CASTLE (Policeman, 192). I took Cox into custody close to Mrs. Fraser's shop—I was in plain clothes; I said "You have been passing a bad shilling"—he said, "What is that to you if I have?"—I seised his hand, and found this bad shilling in it (produced)—I took Purslow about a quarter of an hour afterwards, and then went for the other two prisoners, and took them—Ifound on Davey, at the station, a florin, six shillings, twenty-three sixpences, three 4d. pieces, and a 3d. piece, all good, and 7s. 3d. in copper—on

Hall I found a good shilling and a penny—Purslow was searched by the female searcher, and 4d. in copper was found on her.

CORNELIUS CRANE . I live at Isleworth. I saw the prisoners there on Saturday afternoon, 20th March, standing against the Post Office, about 300 yards from Mr. Imbrie's shop—Hall told Purslow to go into the butcher's shop and get some meat—the other two prisoners were eight or ten yards behind—aftershe had gone in, Hall went on ahead and conversed with the other three—Purslowcame out and joined them, and the moment she came out they went on into the middle of the square, and Cox went into Mr. Imbrie's, the baker's.

WILLIAM WEBSTER . These shillings are both counterfeit and from the same mould.

Hall's Defence. The shilling Mr. King said was bad was the one the policeman took from me at the police station.

DOVER, † COX, ** and HALL †— GUILTY .— Confined Twelve Months each.

PURSLOW— GUILTY .— Confined Six Months ,

NEW COURT.—Thursday, April 8th, and

THIRD COURT.—Friday, April 9th, 1858.


Mr. Ald. FARNCOMB; Mr. Ald. CUBITT; and Mr. Ald. HALE.

Before Mr. Justice Byles and the Seventh Jury.

5th April 1858
Reference Numbert18580405-422
VerdictNot Guilty > unknown

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422. WILLIAM HENRY PARKER (32) , Feloniously setting fire to a house in his possession, with intent to defraud Robert Tubbs and others.

MESSRS. BODKIN and GIFFARD conducted the Prosecution.

JAMES EDWARD BAYLISS . I am an engineer in the London Fire Brigade. On Wednesday, 10th March, about twenty minutes before 9 o'clock in the evening, I was called to a fire at No. 36, Monkwell Street—I got there about five or seven minutes after I was called—I got the engines to work, and obtained entrance to the house by breaking a door open—there was no one in the house—I succeeded in extinguishing the fire in about twenty minutes—theprincipal part of the fire was under the cutting board, in the centre of the shop—the fire was burning all round the shop—the partition in the shop and the wainscot was burning—in the centre there was a hole through the floor, and there was a quantity of cuttings under the cutting board—the hole was about twenty-four inches long and about fourteen inches wide—a flame issuing through the hole would extend to all the premises, with the assistance of the cutting board, which was about five feet wide—there was a door which was put to support the cutting board; it was across the cutting board, underneath, and made a place to put the cuttings in—there were gas burners in the shop; the gas was not burning—there was no fireplace or stove—I left about a quarter before 11 o'clock—I did not see the prisoner at all that night.

Cross-examined by MR. SERJEANT PARRY. Q. Do you call this a door, that was under the cutting board? A. Yes, it was a pannelled door—it had been a fixture in some other part of the house—I do not think there were any hinges to it—it was not a flat piece of wood, it was a made door—the cutting board rested on it—it appeared to be used for that purpose—it formed a little box, where loose cuttings might be thrown aside—there were three gas

burners in the shop or warehouse, two are over the cutting board, one at the back of the warehouse, and one in the counting house—there were no burners from the sides, two were suspended from the ceiling, and were about three feet above the cutting board; the other was at the back of the warehouse, against the wall—the one over the cutting board had two burners, the other had only one—there was one in the counting house, on the same floor with the warehouse; that was fixed to the wainscot, which divided the counting house from the warehouse, and there were several burners in the upper part, which is a family residence—there are more than half a dozen—there were no other burners in the lower part, except the one in question—when I went in none of them were burning in the warehouse; the taps were turned off but the gas was not turned off from the meter—I remained in possession of the premises, and took charge of them the next morning—I was not there all night—Iremained till a quarter before 11 o'clock—there were some persons on the premises all night—I remained in possession of the premises till the prisoner was taken—there were persons in possession of the premises belonging to the Company till the prisoner was apprehended, on the 15th of the month—I am still in possession—when I left that night, two men, Oaks and Bates, were there—I did not see the prisoner's wife and children return from the theatre.

MR. GIFFARD. Q. Could you trace any file from any of the burners in the shop? A. No, the fire only extended to the warehouse on the ground floor.

GEORGE COLE . I am an engineer of the fire brigade. I went to the house, No. 36, Monkwell Street, on the night of the fire—I found the last witness when I got there, three or four minutes after 9 o'clock—I went into the warehouse, and observed the hole in the floor—I looked through it, and saw a light below; I went into the cellar, and found the gas light and the pipe bent up towards the floor—the burner was on the gas pipe—the middle of the burner was out—I do not know what a fishtail burner is—this is the burner, the middle of it is out—the burner should hare been screwed on here—theflame extending from this pipe was about ten inches long; it was a large volume of flame—the nozzle of the pipe was within two or three inches of the floor, or where the flooring ought to have been, but it was burnt away—theflame came through the hole six or seven inches above the flooring—thebracket was unscrewed from the post, and was bent up to the flooring—I found these three screws, which had serewed the bracket to the post, lying at the foot of the post—the screws correspond with the holes in the post.

Cross-examined. Q. Has any experiment been made to see what flame this pipe would give? A. Yes, that was from the main—here is a piece out of the middle of this burner; something would screw in here—there has been a nipple taken out—I cannot say whether that would increase or diminish the flame—I had never seen the pipe before that night—these are the screws, I gave them to Foulger—a water pipe ran over the gas pipe—I round the remains of molten lead on this gas pipe, they were fresh, and had come from the burning of the floor above; not from the burning of the gas—the water pipe and the bracket of the gas pipe were about ten inches apart—I have not been in possession of the premises along with other persons—I was there that night till 11 o'clock—I did not see the prisoner and his family return.

COURT. Q. Did you blow the flame out? A. Yes.

JOHN FOULGER (Police inspector). I went to the premises, No. 36, Monkwell Street, on the evening of 10th March—I found Bailey and other firemen there—I made this model, which accurately represents the premises—in this cellar there arc two pipes; this one represents the gas pipe—one of the pipes

remained against the post; the other was lifted up towards the hole—I tried these screws on the night of the fire, when I went down with Cole, and they fitted the holes in the post—I have tried them since, and the top hole is much larger than it was—that screw would fall out now—the other two holes have something in them, but the screws will still fit—on the morning of 19th March, I saw the prisoner going into the warehouse—I took him in custody—Isaid to him, "Mr. Parker, it is necessary to take you to the station, from the circumstances of this fire, which have been investigated by a Magistrate;"he said, "You do not mean that;" I said, "I do;" he said, "If so, it must be so; I am not guilty of any such thing; my work people were here till within a minute or two of my leaving"; I shut the warehouse, and met my clerk at the door, and went away with him"—I took him to the station, and I asked him there if he knew who had been in the cellar that night; he said, "I have not been in the cellar for a long time before that day; I only go down two or three steps for a convenient purpose"—I searched for the burner belonging to this gas pipe, but I could not find it—I examined the outer door of the house; it had a large lock and a latch lock, both spring locks—when I took the prisoner, he handed a card to his wife with the name of Showell on it—I asked who Mr. Showell was; he said, "That is the person who prpared my claim, he wrote it down from my dictation."

Cross-examined. Q. Are you sure you tried these screws on the night of the fire? A. Yes, the same night—I got there about a quarter before 9 o'clock—I brought the pipe back to it's former position—the gas was out when I came—I did not see the prisoner, nor his wife nor children that night—Iremained till about 11 o'clock—I left the firemen there—I do not know their names—I believe they saw the prisoner that night about half past 11 o'clock—I put the plate of this bracket to the screw holes, and put the pipe in its proper position, as I suppose.

ELIZABETH CONNOR . I am fifteen years old. I was in the prisoner's service on 10th March—I was the only servant—I did not sleep in the house—I remember my mistress leaving the house that day about half past 4 o'clock—the prisoner was there at the time; he did not say where my mistress was gone to then, but about ten minutes after 8 o'clock he said she was gone to the theatre—beforemy mistress went out, I had been sent about half past 3 o'clock to my master's mother in White Cross Street, to tell her to come down about 5 o'clock—shecame down about 5 o'clock—that was after my mistress had gone—the prisoner was not in at the time she came; he came back about 6 o'clock—he gave her some money, and took her into the show room to speak to her—I was in the kitchen—the show room is up stairs over the warehouse; it is opposite to the room I was in—they were in the show room together about ten minutes—afterthat, Mrs. Parker left the house, and took the two children with her—thatwas about 6 o'clock—the eldest child is about seven, and the youngest about five years old—after that, to the best of my knowledge, my master remained in the house—about 8 o'clock I was sent out for a pint of beer; I got it, and brought it back, and gave it to my master—I was again sent out for a pint of beer about twenty minutes past 8 o'clock—before I went out my master told me he was going to the theatre to Mrs. Parker, and he would let me in before he would go; that was all he said to me—I went and got the beer—I was away about ten minutes—as I was coming back with the beer, I met my master in Monkwell Street—he did not say anything to me—I do not know whether he saw me—I went on to the house and knocked several times, and receiving no answer, I went to borrow a latch key—I could not open the door—I stood a quarter of an hour or twenty minutes by the door—two

of Mr. Law's men came up to me—there was no mode of opening the door from the outside—my master was in the kitchen when he told me to get the second pint of beer—after he had had that second conversation with me, he went down into the warehouse—I saw him go down to the warehouse, and he shut the door after him when he was inside the warehouse—my master and mistress had been to the theatre before while I was there—the children were sent home again.

Cross-examined. Q. How long was it before, that they went to the theatre? A. About three weeks after I was with them—I was left behind that time—Islept in the house that night—when my mistress went out on this night she did not tell me to stay till she returned, and her mother would see me home—she said Mr. Parker's brother might stay in the house, and if he did I was to go home—I do not remember her saying anything about her mother going home with me.

Q. But have you not said that she told you her mother would see you home? A. I think she said, if he was to stay her mother would see me home—that was when my mistress went out, about half past 4 o'clock—she said she was going round to look at some patterns of mantles, and going on to the Surrey Theatre—a pint of beer was fetched at Mr. Parker's request—hedid not say to me, "Be sure to get the beer for the supper"—he told me to have some coffee ready—Mr. Russell was not there when he said that—when I went from the kitchen to the door, I went straight down the flight of stairs, and out of the private door—I had a latch key of the door, but the latch was broken; it had been broken about a fortnight—I had not used the latch key for a week or a fortnight; that was the only means of getting into the house beside the warehouse door—I had not the latch key in my possession during that fortnight, it was hanging up in the kitchen—I made a mistake about the old lady coming for the children—I said first that Mrs. Parker herself took the children—I gave an explanation of what happened that night to the policeman before I went before the Magistrate, and I said that Mrs. Parker took the children away with her to the theatre—the reason I made that blunder was, I was taken away all unawares from my work to Guildhall—Ihad no time to think of what I was going to say—I found out my mistake on the Monday afterwards myself and made the correction—I did not see my master and mistress come home that night—on the former occasion they came home from the theatre about 12 or half past 12 o'clock—the children were left with me on that former occasion, and I put them to bed—I know Mr. Russell, the clerk—he used to go out and come home about 8 o'clock—hecame home that night; I saw him in the street, I did not see him in the warehouse—when I saw my master in Monk well Street, I did not stop him—he could not have got in himself without the latch key—I did not speak to him, as I thought the clerk might be in the warehouse, seeing the carriage by the door—I was about ten minutes gone for the beer; I fetched it from Falcon Square—I had to wait in the house while the customers were served, and as I was coming back I met two of the work hands, and after two or three minutes I met my master—I was not gone longer than ten minutes.

MR. GIFFARD. Q. Were any work people in the house on that Wednesday? A. Yes—they were not there at the time I went for the beer; they had left about half past 7 o'clock—that was not their usual time for leaving; they usually left about 8 o'clock—that night Mr. Parker called and said that they might leave, as he wanted to go out—they said they had not finished their work; he said it was no consequence—I think there were seven or

eight of them—I was down in the cellar about 9 o'clock that morning to empty the dust; there was no light there then.

MR. SERJEANT PARRY. Q. Do you know whether a box of matches was kept in the cellar for the purpose of lighting the gas? A. I do not; the gas was kept lighted there—I know the boy Frederick, he was generally down there warming his hands by the gas—I know the boy John Gage; I did not see him there that day—I am in the house all day—it is not my duty to go into the warehouse unless when I am sent for; I am in the kitchen I did not see John bring up his boots and clean them in the kitchen.

MR. GIFFARD. Q. For what purpose do you go to the warehouse? A. Sometimes I have to take a message to my master from the work people.

COURT. Q. Are there workmen there as well as workwomen? A. There are two men; I only saw one man there, Mr. Wicks—I saw him about half past two o'clock that afternoon in the warehouse.

EDWARD BISH . I am in the employ of Mr. Law, of No. 37, Monkwell Street. On the evening of 10th March, I was working rather later than usual—about a quarter or 20 minutes after 8 o'clock I perceived a strong smell of fire—I commenced a search over pur own premises, and not finding anything, we traced it down to a lath and plaster partition which separates No. 36, from our house—I went out in the street and saw the last witness at the door of No. 36; she had some beer with her—that might be a quarter of an hour after I first smelt the fire—I went back to our house, and saw the fire through a hole in the partition, and the fire was on the floor in the warehouse.

CHARLES JAMES JONES . I live at No. 138, Aldersgate Street. I was the occupier of the house No. 36, Monkwell Street, up to July, 1857—I put up the gas bracket in the cellar; it was in this position (Placing it against a post)—this fishtail burner was there; it would produce a flame like a small fan; it was about the width of my two fingers, but not so long as my fingers—it was lighted every day more or less for seven years; it was constantly burning, the cellar being very dark—supposing it remained in the position I left it, it was not likely to communicate to the wood; there was not the slightest probability of it.

Cross-examined. Q. Is it seven years since you fixed it? A. It is more than that—the last time I saw it was in the end of June last—I did not myself light it every day.

COURT. Q. Are you a gas fitter? A. Yes—supposing this burner could be taken off, and the gas supplying it be the same as before, the flame would be immensely more; it would give a pressure on the flame—I should think it would be eighteen inches long.

JURY. Q. How many cents, pressure must there be to give such a flame as that? A. I cannot say by cents., but, from the flame that we had there, and my daily observation of the flame, I can undertake to say that from this standing near the main, and the construction of this bracket, you would have not much less than eighteen inches of flame.

COURT. Q. Do you know whether the same meter is there now that was there before? A. I do not—a meter is made to measure any quantity of gas—supposingyou had a large number of lights, and only a small meter, it would make a difference—the size of the meter might make a difference, but not if the other lights were extinguished—decidedly not.

THOMAS SHOWELL . I took instructions from the prisoner for preparing a claim on the fire office—my statement was taken down from his mouth; I saw him sign it.

Cross-examined. Q. Have you known him for some time? A. No, I was

a stranger to him—I went to him and offered my services to do this; he acceded to my offer of service—he made the inventory out from what appeared to be on the premises; it was made out in his warehouse—I went over the goods with him; every article—I have been in the habit of making out inventories; I brought my experience to bear on this, and made out the inventory in the ordinary way—there art mantles of various prices, fifty-two plaid dresses, thirty-two dresses blue plaid, and various others—I saw all these; I saw all that I inserted in the inventory; every article, and at the bottom I have written, "Salvage good"—that is ay writing—that is my general practice—I put it in of my own accord—the prisoner did set see this unless he saw it when it was signed—if I think the salvage good, I insert that for the benefit of the fire office—my son was with me.

MR. GIFFARD. Q. This last item is 200 sets of patterns, did you see all these? A. No; some few were lying about.

MR. SERJEANT PARRY. Q. How were these patterns inserted? A. When I first went, the prisoner informed me he had sustained a large loss by patterns—Iasked him what he rained his patterns at—he said they cost him some hundreds—I stated that I should not put them down in that way, I must have some definite sum; I asked him how he had been in the habit of obtaining them—he told me when a new pattern came out, he was in the habit of going to the different warehouses and purchasing the newest style, andthat sometimes cost him two or three guineas—I said, "I cannot put them down in that way, what do you consider they cost you singly?"—he said he considered that they cost him about a half crown a piece—I asked him how many he thought he had—he said they were in sets of twelve each, and he had about 200 sets—they were averaged at 30s. a set, that would come to 300l.—Itook off 50l. on my own responsibility; I told him so, and it was put down at 250l.; it was arranged that 250l. should be the amount charged—I checked all the articles; I saw that the prices put down corresponded with the tickets on the goods; that applied to all the articles—I gave him the advice to make the full claim, and let the fire office deduct the salvage; that is my usual way, and I did not depart from it.

MR. GIFFARD. Q. Did you put the prices down, or did the prisoner? A. The prisoner did—there were tickets to a certain class of goods; not the selling price, but the cost price—I told him he must put nothing down above the price—I do not know who put those tickets on the goods—I did not measure the length to see if they corresponded with the length stated; they were measured before.

COURT. Q. Were there book? A. Yes, stock books—this is my profession—Iwas never a witness in a Court before—I always pat goods down at as small an amount as possible—by cost price I mean the price I was told.

THOMAS SHOWELL . I am the son of the last witness, I made out this claim by my father's instruction, and the prisoner signed it.

Cross-examined. Q. Have you made out inventories before? A. Yes; every thing was done in the most open and regular manner—I did precisely on his premises as I have on other premises, where I have made out inventories when a claim is made after a fire—many articles would receive damage from the smoke, for which they would claim from the office—I was aware that the Westminster Fire Office agent might come and inspect the premises—weknew they would do so—if he had come, he would have found every one of the goods that I have enumerated—they sometimes find that after the claim is made, some of the goods are not damaged, except by smoke—I act on the plan of my father, making the claim as small as possible.

JOHN STEPHEN STORR . I am of the firm of Debenham and Storr, and

agent to the Westminster Fire Office. This is the claim that was made on 17th March—I had gone on the premises on 12th March—the insured spoke of the patterns which were consumed; he said, there was a large number of them hanging round the shop or warehouse, and their loss would be very serious to him; that his customers and his men thought that he got these patterns from Paris, but that was not true; his practice being, when a customer asked him for any new mantle, to tell them that he was in course of making them, and that he then went round to various manufacturers and wholesale houses, and found the mantle that his customer described, and he bought it, and made a number from that, and he wished me not to mention this, as it might prejudice him before his customers—I afterwards examined the stock remaining—the whole of the contents of the show room on the first floor was uninjured by the fire, or water, or smoke, those articles appeared in the claim—the men's clothing was in the first floor—there is in the claim a claim of 32l. 8s. for fixtures—I examined the fixtures, and 5l., I think, or at the outside 10l., would fully reinstate the fixtures—the value of the entire stock to be insured would be 130l., and it was insured for 900l. with the fixtures—the stock is valued in the claim at 241l. 9s., that is the property which I considered cost the insured 130l.—I know nothing about the patterns which had been round the shop—there were the marks where they had hung—theseare the sort of things (Producing some patterns); these were in various parts of the place—the patterns which had been round the shop were burnt—Isaw the gas burner on the morning after the fire—I have had considerable experience with gas burners in cases of fires.

Cross-examined. Q. Are persons, on the part of the Fire Office, in possession of all that is found on the premises after the fire? A. Yes; the salvage has been taken away by the Sheriff—I never saw this inventory of Mr. Showell's till it was left at my office—I examined the premises on the 23d—I had this claim in my hand when I examined the stock and checked it—the first claim is for fixtures—here is "Paid on commencing business, 20l.; I don't know whether that is correct—I valued the fixtures at 5l. or 10l.; that was what I considered it would take to reinstate them, the damage done being so small—thereis papering and men's time—here is a large cutting board, I think that is damaged slightly—one ditto ditto, 2l. 1s. 6d.; one of them was damaged, the other was not—I have not attached a separate price to every article; I did to some articles in this claim on 23d March—I have not got that copy; it was on a copy that Mr. Arnold had with him—I was aware, on the 23d, that the prisoner was charged with setting fire to his house wilfully—I was examined before the Magistrate—I have here a memorandum I made of the value of some of the articles on the premises.

Cross-examined. Q. Have you included the articles of furniture in the sum of 5l. or 10l.? A. Yes; I have not considered the paper and the men's time, I thought that was part of the building—here are no prices on this paper—I have gone through, item by item, the articles set forth in this claim, and have cheeked them by the articles in the warehouse—I have a written memorandum of the prices I fixed to some of the articles; these are rough notes which were made after I had carefully examined the entire of the stock—Iam always employed by the Westminster Fire Office to value; I am not employed by other fire offices—there is fifty-one yards of peconia which is charged 7l. 0s. 3d.; it is rubbish, a very common material—I valued it at 5l.—if it were worked up it would make the commonest sort of material—hereare thirty-one Milton's Berlin, they are part of the mantles; they are of third or fourth quality—I did not value the mantles separately—there was

one set of modern mantles, and there was a large bundle which were last winter's mantles—I did not value them—here is 194 yards of cord, at 11 1/2 d. a yard, 9l. 5s. 11d.—I examined that, I considered that was charged about a fair price—there is some grey twill and other articles; they are about a fair price—there were tickets to most of the goods—the first item is mantles; I think they were worth about 8s. or 9s. apiece, they were made up and were not injured—they were common; I should think that is what they would cost.

WILLIAM ARNOLD . I am buyer of mantles to Messrs. Stagg, of Leicester Square. I examined the prisoner's stock on 23d March—I find here in this claim a charge of 92l. for mantles—in my judgment they were worth 40l.—I valued them as if I had been buying them for my employers—the stock in the show room was not injured—there is a claim of 250l. for patterns—thesewere down stairs in the shop—I saw a portion of them—supposing them to have been 2,400 as here stated; I should have valued them at 10l., I think that would be a liberal value from what I saw of the portion of them left—I valued the unmanufactured stock at 50l., it is in the claim 105l.—thevalue of patterns depends on the season—if they are patterns of last season, they do not remain of the same value—I did not find any traces of smoke.

Cross-examined. Q. Did you value the manufactured stock? A. Yes—Ihave a written memorandum of what the 50l. for unmanufactured stock was composed—there were twenty-nine yards of cloth, at 3s. 11d., they were all very short, with the exception of five yards; they were half yards and three quarters—there was one yard and a quarter of steel cloth, valued at 4s.; I made it 1s. 3d.—I did not look to see if these articles were ticketed—there is some cord and other things—I did not make any remark about them—I have never valued for Fire Offices before—I saw these premises on 23d March—I do not produce any of those patterns; some of them are worth 3s. or 4s.—I do not know how many go to a set—I speak of a single pattern—I never saw them in sets before—I cannot give any idea what is the meaning of sets—we do not manufacture, we buy of mantle makers—our's is a retail house—we do not employ a number of hands to make up goods—I do not know what would be the greatest value of a pattern taking the town by storm—the greatest price I ever paid was 4s. for a single pattern—I do not know whether a single pattern is sometimes composed of eight or ten different pieces—I have been with my employers eighteen years—I superintend the mantle department, and am shop walker—I know Boughton's; they have a mantle department—I know I never bought of them—I know Leaf and Co., and Parsons and Grocock, in Bow Yard—I believe they are mantle makers—some patterns are very easily cut; they are laid on the particular mantle.

MR. GIFFARD. Q. Do you speak of a pattern made from a mantle? A. Yes; some patterns are worth 4s. or so—the value consists in the originality of the design.

WILLIAM STONE . I am of the firm of Richards and Stone, Cannon Street. I went to the premises, and saw Mr. Arnold there—I went over the stock, and I agree with him as to the value he put upon it.

Cross-examined. Q. What is the value Mr. Arnold put on them? A. I do not know; I went over the stock with him, and I agreed with him—I carry on business in Cannon Street—we have a great many mantles—200 sets of patterns of mantles are averaged 30s. a set—a set would be twelve—I should consider them to be patterns of the same size—some patterns may be composed of a great many pieces.

JOHN STONAR . I live in Cloudesley Square; I am agent to the Westminster Fire Office—I know the prisoner. On 28th Oct., he made a proposal

to insure his stock and furniture—I called upon him, and he made the proposition to insure for 1000l.,900l. stock, and 100l. for furniture—I took down his proposal and transmitted it to the office—it was accepted, and the policy was executed—this is the memorandum I made.

Cross-examined. Q. Did you call on him and solicit him to insure in the office? A. I did; I am not positive whether I called once or twice—I might have called a second time—he told me at the time he insured of the nature of his business—he told me the greater part of this insurance would be goods in trust, to make up for Leaf's, and other houses of the same class, and was likely sometimes to be much larger in amount than at others—the nature of his business would lead me to expect that he was in the habit of giving out a large quantity of stock—I do not think he said so at the time—not word was said about his patterns being of considerable value—I gave the policy to the prisoner; it was for 1000l.,900l. stock and 100l. furniture.

THOMAS ROGERS . I am clerk to Messrs. Humphreys and Son. I served the prisoner with a copy of a notice—this is a copy of it (produced).

WILLIAM LAW . I live at No. 37, Monkwell Street. No. 36, the next house, belongs to my mother—it was let to the prisoner in the early part of Sept.—since the fire, the Sheriff came in with an execution, and took away the goods.

Witnesses for the Defence.

JOHN GAGE . I am seventeen years old—I live at No. 3, John Place, Islington Green—my father is a shoemaker—I went into the prisoner's service on a Monday, about 8th March, as a warehouse boy—on the second day after I was there I went down into the cellar; it is very dark indeed; there is no other light than what can be obtained by the gas pipe—when I went down that day I lighted the gas—that was a little before dinner—Mr. Parker had shown me the gas pipe, and the place below, on the Monday, the first day, and on the Tuesday I lighted the gas—I was there three days before the fire took place—on the Tuesday I had to go down into the cellar, and before I lighted the gas I knocked my shoulder against the gas pipe—I went up stairs and got a match, and lighted the gas—I looked at the branch pipe, and saw the screws were about half an inch out of the holes—I observed the branch was fixed to the post—I put the serews in, as well as I could, with my hand—theywere so loose that I could shove them in again—on the Wednesday, the next day, I was attending to my business in the warehouse—there were no repairs being done in the warehouse; there had been on the Saturday before I came—there was lumber about the warehouse—Mr. Parker asked me on the Wednesday if I had anything to do; I said, "No," and he told me to take this lumber down into the cellar—he told me about 5 o'clock, but I did not attend to it for about half an hour afterwards; I then carried a long piece of wood, and some other pieces of wood, down into the cellar; but first I had to light the gas before I took them down—I went down twice with the lumber in that way—I had two drawers to carry down—I carried them on my arm, and on the top of my head—I was about placing them by the water butt, but when I turned I saw room in another part, and in going to that place I had to pass the gas branch, and in going I stumbled over the dust heap, and one box flew against the branch, and the other on the left side of me—I then heard my master call, and I ran up stairs directly I had put it in it's place—I did not put the gas out; my master said to me, "Look sharp for the post, or else you won't be there before 6 o'clock"—I went, and on my return I did not go down in the cellar—I had to get a truck to take some goods to Gravel Lane, Houndsditch—I did so, and I met my master in London about half past 6 o'clock—I asked him if I should pay for the truck; he said, "Yes," and

he gave me a sixpence—I left the track at the owner's, and returned home, and just afterwards my master came in—I left the warehouse about a quarter before 8 o'clock that evening—I had got back to the warehouse at a little past 7 o'clock—between that time and the time I left I saw my master in the warehouse; he came in just after I got in—I did not observe where he was afterwards—I know Mr. Russell, the clerk and traveller—he came in after my master—I do not know what became of him and my master—I know where the counting house is—just as I was barring the door up, my master and Mr. Russell went into the counting house together—I left them in the ware-house when I left for the night—while I was there that day I saw my master go one or two steps down the cellar stairs; that was just before dinner—that is the part that communicates with the cellar—there is no other way—on the morning after the fire I saw the gas branch—the gas was not then lighted—I saw the branch a little, but I did not take particular notice of it—there is a paving of bricks to the cellar—the post where the branch was fixed was about a yard or a yard and a half from the dust heap—a water pipe ran between the flooring and the gas pipe.

Cross-examined by MR. GIFFARD. Q. The gas burner was fixed on the water closet, side of the post, was it not? A. Yes; on the opposite side to the one you go down—wnen I went down with these things, I was going to put them by the side of the water butt—I could not see where I was going; the drawers were over my head—the dust heap is just as you get down on the right hand side—it is not on the opposite side of the post; it is just behind it—the dust is scattered all about—just as I got down, I stumbled; I had advanced only a step and then I stumbled, and what was on my head fell off and hit something, and most likely it was the branch—after it fell off my head it hit the branch, but it did not touch anything below it left my head—when I went up stairs, when I heard my master's voice, the gas was alight in the cellar still—it was on the Tuesday I put in the screws—I did not say anything about it to any one—I did not put out any of the gas lights on Wedday; I left the warehouse to go home at a quarter before 8 o'clock—when I left, Wicks, one of the cutters, and Jones were there; I left Wicks coming out; he had just put on his coat—that was when my master and Russell were in the counting house—Jones went to the door; he was standing just on the step when I went away—I was first spoken to about my evidence on the Saturday after the fire; I am quite sure about that—I am quite certain it was on the Saturday after the fire—I did not attend at the police court as a witness—I heard my master was taken into custody—I lighted the gas on the Tuesday; it gave a light something similar to a butcher's light—the flame came out thick when I first lighted it—I did not call my master's attention to the state of the light.

MR. SERJEANT PARRY. Q. You have been asked whether you Advanced one step in the cellar; are you quite sure, as a matter of fact, that you did stumble? A. I did, and what I was carrying fell against the past or the branch; most likely the branch, by the sound of it—directly afterwards I was called up to put a letter in the post—I did not know Mr. Parker before I came into his service—I saw an advertisement in the paper on the Thursday or Friday, and I went and answered it and went into Mr. Parker's service on the Monday—I was inside the police court but I was not called up—therewere other witnesses as well as ae waiting to be called, if the legal gentleman thought fit to do it—when I last saw George Jones he was on the step of the door—there was a trap (a four-wheeled carriage) at the door—Mr. Russell used to drive that—Mr. Parker and Mr. Russell were in the

counting house, and Wicks was putting on his coat to leave—there is a water closet below, and I believe the gas was generally used for the purpose of going to it.

COURT. Q. You say you stumbled over the dust and the boxes flew off your head, and one flew against the branch; are you sure it flew against the branch? A. Yes; the branch was burning with a great flame when I first lighted it, but I did not turn it on full; it was about half way on—my attention was not directed to the state in which it was when I left—my master called me up in a great hurry to go to the post—I did not look to see whether I had knocked the branch nearer to the floor.

GEORGE JONES . I am a cutter. I was employed by Mr. Parker as a cutter—I had been employed for him before in Angel Street, St. Martin's-le-Grand—I had only been employed by him two days this time—I went on the day before the fire—I was paid 4s. a day—I remember the afternoon of the fire—on Wednesday, 10th March, I was generally employed in the ware-house from half past 8 till half past 7 o'clock—there were some girls employed up stairs, but I never saw them—on the day of the fire I recollect my master being in and out several times—my work was in the warehouse or cutting shop—besides me, Mr. Wicks was employed there and Mr. Thomas Parker—Iknow the cellar where the water closet is and where the gas pipe was—when I was in the warehouse that day I saw my master go down one or two stairs—that was after dinner, about 1 or 2 o'clock—I know Gage, the errand boy; he was there on that day—I heard Mr. Parker, in the course of the afternoon, give him an order to clear some wood and drawers down stairs—thatwas wood and drawers which had been in the shop—there had not been any repairing while I was there—Gage did not set about it immediately; he afterwards did so—after Mr. Parker gave him orders to carry these things in the cellar, Mr. Parker went out; he returned just before post time, and I heard him call the boy out of the cellar—he said, "Make haste, or you will be too late for the post"—he gave him one or two letters; he told him to run all the way or he would be too late—Mr. Russell, the clerk, came home about half past 7 o'clock—the shutters were being shut up—I packed up what things I had been cutting, and put on my boots and my coat—Wicks started out of the warehouse first—when I went to the door I saw the horse and trap; I stood looking at it—while I was there standing my master and Mr. Russell came out, when the church clock had just struck 8—I did not see the girl go out for the beer—I saw the bracket the next day; it was then loose from the post, and I saw a lump of lead on it near the cock—the fireman was moving it and the lead dropped off—the lead was on this part of the branch, very near the tap—it was a piece of lead very similar to this piece here produced—I attended at the police court each time, ready to give my evidence if called.

Cross-examined. Q. What were those drawers that you say the boy took down? A. Two drawers he took on his shoulder—I do not know what drawers they were—they were to be taken from the warehouse—I think there were two, and he took some wood as well—there was nothing in the warehouse that these drawers seemed to fit—I do not know what they were there for—I think it was between 5 and 6 o'clock when I saw them taken down—he had not been down many minutes when his master called him—I saw Baylis, the fireman, pick up a lump of lead from the ground and place it on the tap—when I first saw it, it was on the ground.

THOMAS PARKER . I am the prisoner's brother. I was in his employ—hewas in business in Monkwell Street—before that he was in the employ

of Mr. Nicholson, in Angel Street, St. Martin's-le-Grand, but he was in business in Whitecross Street—he has been a cutter twelve or fourteen years—Iwas in the habit of working for him in Monkwell Street—he was in the habit of working for Leafs, in the Old Change, Morley's, in Wood Street, and others—I have worked for my brother six or seven years—he was in the habit of collecting patterns—he had a shop of his own in Whitecross Street, where there were patterns belonging to him; he had a retail shop there—at the time of the fire the patterns were in Monkwell Street; there were some hundreds altogether—a set of patterns averages from a dozen to eighteen—theycommence from children's up to women's of different sizes—a set is an assortment of sizes—there were some hundreds of these patterns, they might average from 250 to 300 sets—a single pattern sometimes consisted of several pieces cut out to fit into each other—you have to use your judgment about them—thesepatterns are of known and recognized value in the trade—a set of patterns to a wholesale manufacturer, if they were French, would cost from 10s. to three or four guineas the set—to a person who had collected these patterns they would be of actual value—I was not present when the inventory was made out—I do not know whether the articles which were in stock at my brother's had tickets or marks of the prices on them—on the day in question, I was in the warehouse at work with Jones and Wicks—I went out it 1 o'clock in the day—I was in the warehouse in the afternoon, I left at 3 o'clock, and did not return till about 8 o'clock, I then left—when I went out I went to the retail shop, in Whitecross Street—I attend to that a good deal, it is my particular business—when I left the warehouse at night, Jones, and Mr. Russell, and my brother were there; I did not see Wicks—I know this burner and pipe (produced)—I saw them the next morning, the burner went within an inch of its natural position—I noticed on that morning a piece of lead on the pipe—I noticed this piece of lead on it—I remember that before the Monday of that week some old wood had been made into a sort of counter—I was aware of the repairs being done to the counter on the Saturday—when I returned to the warehouse about 8 o'clock, I went immediately to Whitecross Street—I heard of the fire about 9 o'clock, I then went to the premises, the fire was out—I only knew where my brother and his wife had gone that afternoon from what they told me—I was there in the evening when they came home, about half-past 11 or quarter to 12 o'clock—mybrother, and his wife, and his mother, and the two children came—I remained in the house that night.

Cross-examined. Q. Where did you see this piece of lead first? A. It was on the pipe, I mean to swear that the first place I saw it was on the pipe—it was laid on it, it came from the water pipe—it came to-day from the prisoner's solicitor—it was found in the cellar—Jones, and the fireman, and I found it in the ashes on the ground—I swear I saw it on the pipe—I saw it drop off—it was found in the embers under the pipe—I would not say that I picked it up—I picked up one piece of lead, this is not it, this is the piece that was on the pipe—it was put into the hands of Mr. Hamilton on the last day of the examination.

Q. But what was done with it when it was picked up from the floor of the cellar? A. It was brought up from the cellar into the cutting room and given to Mr. Hamilton—that was on the last day of the examination.

COURT. Q. How long after the fire did this examination of the cellar take place? About a fortnight—I had not seen or heard anything about this piece of lead till after the last examination.

MR. GIFFARD. Q. The same time you saw it drop from the pipe was the

same time you picked it up and found it? A. No; the day I saw it drop was the day after the fire.

COURT. Q. Is this correct, "I saw nor heard nothing of the lead till the last day of the examination," and now you say the day you saw it drop from the pipe was the day after the fire? A. Yes.

MR. GIFFARD. Q. How long have you been working with your brother as a cutter? A. Five or six years, on and off; I have been with him ever since he has been on those premises—Mr. Russell had no regular time for going out and coming in—I did not know he was coming on that Wednesday night—Ileft work at all times; I had no fixed time—a set of patterns would cost from 10s. to three or four guineas—my brother had none of those at three or four guineas—I do not know of any one of whom he purchased any for 10s.—theyare to be sold at some of the bazaars—my brother had none so high as three or four guineas; he had some that cost 10s.—I cannot say where they were purchased—I know that he was in the habit of buying a mantle, and taking a pattern from that, and cutting from the brown paper pattern; that is a common fashion in the trade—the greater portion of the patterns he possessed were obtained in that manner—my brother was in the employ of Messrs. Nicholson.

MR. SERJEANT PARRY. Q. When you went down who was with you? A. Baylis, and Jones, and Wicks; we were all down together—I saw the piece of lead that morning on the tap cock; it fell down, and Baylis took it up—I saw him fit it on the pipe; he said it must remain there—I do not know how long it remained there—it was not produced by the prosecution before the Magistrate at any time—the firemen were in possession of every thing that was on the premises during the whole time—it was not possible to take anything off without their permission—I saw the lead again on the last day of the examination—I was there, and Jones, and Mr. Hamilton, and the boy Gage, and the firemen—one of them gave it to Mr. Hamilton—he was acting as the private solicitor for my brother—it was not produced, at the trial, with the gas pipe—I had seen it on the morning after the fire, and I heard nothing of it during the examination—I know that my brother and his wife were in the habit of going about to shops and different places, to purchase patterns.

FREDERICK RUSSELL . I was in the employ of Mr. Parker, of Monkwell Street, as a clerk and traveller for about three months. I remember the day of the fire—I had been to several places during that day, in all parts of the town—I was town traveller for him alone—I was out the whole day at business—Ireturned about half-past 7 or a quarter to 8 o'clock—I had a trap that I drove—when I got there, Mr. Parker was there—I went into the counting house with him—we were conversing about a quarter of an hour—when I got there, a cutter of the name of Jones was there, and the boy Gage—mymaster and I came out together from the warehouse—before my master came out, I heard him say to the little girl, "There is the money for the beer for supper, and mind what your mistress said about the coffee"—I did not see the little girl go out—after he had given her that message, he opened the side door and went into the counting house with me for the purpose of showing me a letter that he wanted to answer the next morning—he could not find the letter, and he said, "Never mind, it will do in the morning"—we went out about 8 o'clock—I saw my master leave the premises—he closed the door after him, and he and I parted there—from the time I came in, at half-past 7 or a quarter to 8 o'clock, till the time I left, my master did not go down into the cellar; if he had, I must have seen him—I had a conversation with

him for about a quarter of an hour on business—the next day he told me what I was to do—I was not aware that he was going to the theatre till I came home in the evening—I was aware when he left.

Cross-examined. Q. Did you find Mr. Parker in the warehouse when you came home? A. Yes; from the time I came home, at half past 7 or a quarter to 8 o'clock, till the time I went out with him and he shut the door, he had not been out of my sight at all—I am quite sure of that—when he gave the girl the money for the beer, he went up three or four steps—I was in the passage and saw him—I went back into the counting house—I was not aware that the girl was out till the next day—I did not hear her go out—I am quite sure that Mr. Parker did not go into the kitchen; I saw him at the top of the stairs—he said to the girl, "Here is the money for the supper beer, and mind what your mistress said about the coffee"—with that exception of his going up and coming down, he was in the warehouse or counting house the whole time; all the time I was in the counting house, and he was there with me—Icame back from 6 to 8 o'clock at night—it was not known at all at what time I should come back on that particular night—I have not, to my recollection, spoken to Mr. Storr about the time that I came back—I said I came back about half past 7 o'clock—I do not recollect that I said I found my master leaving the door; I might have said so—I said that I sent the servant girl out for the pattern of a mantle, but did not wait for her return—I suggested that she should go—I understood the next morning that she did not go—I suggested that she should go; I did not ask her—I did not see her; I suggested it to my master—I wanted it the next morning—I was not before the Magistrate; I was there, but I was not in Court.

MR. SERJEANT PARRY. Q. Were you there, as other witnesses, to be called? A. Yes—this conversation with Mr. Storr took place on the day after the fire—he asked me if I could account for the girl's absence—I said the only way I could account was, that I suggested to Mr. Parker that I wanted a pattern; from that time till the morning I had not heard of her absence—this conversation took place with Mr. Storr between 11 and 12 o'clock—he asked me where Mr. Parker was, and I said he was in the ware-house along with me, and I had left along with Mr. Parker—I might have said "I found my master leaving the door," by seeing him standing by the door in the warehouse; I did see him standing by the door—I had actually suggested to Mr. Parker about sending the girl for the mantle; I said I should like some one to run down to Whitecross Street for a mantle—my master was standing at the warehouse door—between the time of my meeting him there and our both leaving, I did not lose sight of him—he did not go into the kitchen, he went to the top of the stairs—I did not lose sight of him there.

COURT. Q. You say this was on Wednesday night. What time did you get home on Thursday night? A. It might be about the same time; I cannot exactly say—I saw my master that night in the warehouse, I believe—I have no distinct recollection of it.

ALFRED BARNES . I am a traveller. I was in Mr. Parker's employ from Sept. till Dec., about two months—I remember the cellar in which the closet was—I have seen this gas light there; I have never lighted it, but have seen it alight—when I saw it in Oct. last, it had no nipple on; it was as it is now—thegas used to be lighted, a small jet; when any one went down we turned it on full—when turned on full, the light was about eight inches.

Cross-examined. Q. When turned on full, what height would it be? A. The top of the flame nearly touched the board—I turned it on full once, but I did not again—Mr. Parker told me, about the first week I was there, to be sure

not to turn it on full, for if I did it would catch the board, if it was on full at the meter.

MR. SERJEANT PARRY. Q. Are you quite sure that you are not mistaken about this burner having no nipple? A. Yes—I left Mr. Parker just before Christmas.

COURT to THOMAS PARKER. Q. How long before the fire was it that you had seen this burner? A. About six hours—I had seen it the day before, and for some time before that; it had no nipple on when I first saw it.

HANNAH PARKER . I am the prisoner's mother—he is married, and has two children, one aged seven years and the other five—on Wednesday, 10th March, I was at my son's, in the morning, and I went again in the evening, to take the children to the theatre—they sent to know if I could be down there at 5 o'clock, and I was there and waited for my son—I got there about twenty minutes before 6 o'clock—my son came in, and he gave me five shillings to go to the theatre—I took the children to the Surrey theatre; we went into the pit—itwas not a pantomime; it was the "Fatal Marriage"—we expected it would have been a pantomime, but it was over—we met Mrs. Parker there; she was in the house when we arrived—my son joined us that evening, he came about half-past 8 o'clock; he went out for about five minutes and returned—we all returned about a quarter before 12 o'clock, and slept that night in the house—thehouse part was not injured.

Cross-examined. Q. What means have you of fixing the time when your son came to the theatre? A. A gentleman behind took out his watch, and I asked him what time it was, and he said it was half-past 8 o'clock—when I got to the theatre with the children, it wanted about twenty minutes to 7 o'clock—I knew where to find Mrs. Parker, and I did find her.

MR. SERJEANT PARRY. Q. Had you been to the theatre with her before? A. Not for the last twelve months—a gentleman behind me had a watch—I expected my son to be there about that time—I do not know whether there is any half price there.

COURT. Q. Had you ever taken the children to the theatre before? A. Yes, to the Surrey theatre, about twelve months ago; it was at Christmas time.

JOHN JOHNSON . I am in the house of Messrs. Morley—I am engaged to buy mantles for the firm—I have seen a stock of mantles shown me by Mr. Harrison—except from what he told me, I do not know who they belonged to.

JAMES HARRISON . I am an agent for silk and woollen goods, and live in Lawrence Lane. I know Mr. Parker; I am one of his creditors—I remember the fire, and after the fire the Sheriff coming in—I purchased the goods in the warehouse that are in this claim—this is the catalogue, containing amongst others the things that I purchased—Mr. Schofield purchased with me; he was also a creditor of Mr. Parker—we purchased the goods rather than they should be sacrificed—we paid the Sheriff's money, 57l. 18s. 9d. for them, and the execution too, and took the property—I retained the possession of them, and showed them to Mr. Johnson—I have seen the claim made by Mr. Parker for these mantles—I went through them with Mr. Johnson, and took ten per cent. off the claim, and I believe that would be a fair value.

Cross-examined. Q. was there no sale at all? A. No; I paid the money and got the goods—if we had not released them that evening, they would have been sold the next morning—I was a creditor of Mr. Parker's; I had not been pressing him for my claims—nothing had passed about putting off the judgment—I never got a judgment—if Mr. Parker had wanted 100l. worth of goods he might have had them from me.

MR. SERJEANT PARRY to JOHN JOHNSON. Q. Do you confirm what this gentleman has said about the value of the mantles? A. Yes; that is my idea—it was a fair value within ten per cent.

SAMUEL SCHOFIELD . I am an agent in a woollen warehouse. I was one of the creditors of Mr. Parker—I was a party with Mr. Harrison to buying the stock—I have examined Mr. Parker's claim—I can speak to the value of some of these goods; these cottons are valued at a price that I can get a profit on—this grey twill, this cloth, and black mohair, and blue pilot, and some brown Milton, at 3s. 11d.; that is a fair price—here is some mohair at 2s. 8d.; that is a fair price.

JAMES SMAILE . I live in Buttesland Street, Hoxton. I have been in this business for many years—I am partly acquainted with the mantle trade, as a cutter—patterns are valuable according to the circumstances under which they are required; what might be valuable to me might not be valuable to others—supposing a person obtains one pattern, it is the practice to cut from that a set of different sizes, and that set becomes valuable—with regard to mantle patterns, it is according to circumstances, and the claim that might be required—with me an article might be worth 1l., and to another not worth 1d.; it is entirely as to the trade I was carrying on—I cannot tell what is the highest value that I have known a mantle pattern; a pattern I have in my pocket (producing it) cost me 5s.; if I made a set of patterns from this it would take four or five hours cutting—the value of that set would be to me about 10s., but perhaps not to a stranger—I cannot say that I have known a set of patterns to be worth 20s. or more—I should think the highest I have known would be about 12s. or 14s.; a set of four—I spoke of 10s. for a set of three—I do not know that a set of twelve would be required—I cannot tell what would be the price of 200 or 300 sets of patterns—it would be entirely with the manufacturer; the value lies with him.

Cress-examined. Q. How is it that this pattern cost 5s.? A. I had to make a mantle from it for my own private use, and to obtain it I bought this pattern for 5s.

THOMAS HENRY VALLANCE . I am a cutter. I have been in the employ of Parsons and Co., who are very extensive dealers—I have been there about a year and a half—patterns of mantles are undoubtedly of recognized value in the trade; they are in sets of different sizes—I cannot speak as to the highest price of a mantle pattern; it depends on the time and labour expended on it's production—supposing you get a pattern from a friend, or from Paris, you have to pay for it, and have to expend labour in making a set to work by them—I do not know what would be the value of a mantle pattern, or of a set of eight or ten, whether they would be worth 20s. or 30s.; some patterns are more or less elaborate than others—supposing a person had collected 200 sets of patterns of different sorts, they would be of a recognized value in the trade most assuredly—I know they are always taken in stock.

ROBERT BROCKENHAM . I am a foreman cutter. I should suppose mantle patterns are about the same value as coat patterns; there are sets of coat patterns as well as of mantle patterns—a set of eight or twelve mantle patterns might be worth 1l. or 30s.—I estimate them the same as coat patterns—Ihave had little to do with mantle patterns; I have been with clothing.

SAMUEL SCHOFIELD re-examined. Q. Is there any other article you can speak to? A. Yes, here is twenty-one pair of drawers charged 2s. 5d., and twenty-nine yards of brown Milton at 3s. 11d. a yard; that is a fair value for it—I examined it—I do not know that it is in cuttings; cuttings are not so much value as a whole length.

Cross-examined. Q. These are in short pieces instead of long pieces; what are they worth? A. If they are all in short pieces I would take off 1s. 3d. a yard.

FREDERICK OAKLEY . I was at one time in Mr. Parker's employ; I was in his service between five and six months, up to the time of the fire—I remember the gas burner by the closet in the cellar—the burner had no nipple on the hole, while I was there—I was there between five and six months; I was absent the week the fire broke out.

SIDNEY HAMILTON . I am an attorney, and live in Great James Street. I acted as attorney for the prisoner—I remember the examination before the Magistrate—there were witnesses on behalf of Mr. Parker ready to be called—thispiece of lead (looking at it) was not produced before the Magistrate—afterthe last examination, I went to the premises to see if any piece of lead could be found, and this piece was found and handed to me at the time—I did not see it found—there were three or four persons, the firemen and the two brothers and Jones—I think it was handed to me by one of the brothers.


THIRD COURT.—Thursday, April 8th, 1858.



Before Mr. Common Serjeant, and the Seventh Jury.

5th April 1858
Reference Numbert18580405-423
VerdictGuilty > unknown

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423. JOHN MORGAN (45) , Unlawfully uttering counterfeit coin.

MESSRS. POLAND and SCOBELL conducted the Prosecution.

WILLIAM DARLINGTON . I keep the Golden Lion, No. 42, Wardour Street, Soho. On Saturday evening, 13th March, a little after 6 o'clock, I served the prisoner with 1d. worth of gin; he gave me a shilling, I gave him the change, and he left immediately—I took the shilling into the bar parlour, to my wife, found it was bad, and placed it under lock and key—on 27th March, in the evening, the prisoner came again, called for half a pint of ale, and gave me a bad shilling; I took it up, and said, "My good man, this is a bad one; you have been here before, and I have got the fellow one by me"—hesaid, "I have never been in your house in my life"—I am sure he is the man—I gave him in charge, with the two shillings.

Prisoner. Q. What do you know me by? A. By your flannel jacket and apron, and your long hair, and wearing a cap—I took particular notice of your dress; I followed you to the door, and noticed you—I had never seen you before—you could not distinguish the coins from shillings then; they were covered with something, which has worn off.

ROBERT BIRD . I took the prisoner on Saturday, 27th March, and received these shillings from the last witness.

WILLIAM WEBSTER . I am inspector of coin to Her Majesty's Mint. These coins are farthings, beaten out till they attain the circumference of shillings, then filed round to make them circular, and then filed again to represent the milling—the Britannia is filed completely off; they are then rubbed over with mercury, and would represent shillings at first sight, but it would wear off in course of time—they are precisely like a shilling on one side, except that this particular head is never put on any shilling—(THE COURT suggested that this was not a false or counterfeit coin, but a genuine farthing. MR. POLAND contended,

that though it was a genuine farthing, the copper was made use of, and it was defaced as a coin, and was therefore no longer a farthing, but was in the same state as if it had been melted.)

WILLIAM WEBSTER re-examined. I call them genuine farthings now; they have been flattened, so as to enlarge the diameter and make them the size of shillings—they have then been filed round, to make them circular, and then knerled, which is never found on the copper, only on the shillings—the Britannia, which is never found on silver coin, is completely taken off by a file; after that they are rubbed over with mercury, so as to represent silver—itis a piece which would be very likely to deceive any one; it is a real farthing, but a counterfeit shilling, being altered to represent one, and tendered as such.

Prisoner's Defence. I took it; I did not know but what it was a good one.

GUILTY .—THE COURT postponed the judgment, in order to consult the Judges, and on a subsequent day ordered the prisoner to be

Confined Six Months.

5th April 1858
Reference Numbert18580405-424
VerdictNot Guilty > unknown

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424. WILLIAM THOMPSON (22) was indicted for a like offence.

MR. POLAND conducted the Prosecution.

WILLIAM CHALONER . I keep the Golden Last, in Cannon Street. On Tuesday, 9th March, the prisoner came, between 8 and 9 o'clock in the evening, for a glass of porter, which came to 1d.—he put down a half crown, I tried it, it was good, and I gave him two shillings and 5d. in halfpence—I turned my back for two minutes, and he said, "Is your porter only a penny a glass?"—I said, "No"—he said, "I have got a penny, then"—I took two shillings and 6d. in halfpence off the counter, tried both the shillings, and found one was bad—I am quite sure both the shillings I put down were good—Ihave a patent machine, and try all money I take—I said, "This is not the shilling I gave you"—he said, "What do you mean?"—I gave him in charge, with the shilling.

Prisoner. Q. Are you the only person that takes money? A. My wife takes money, but she invariably tries it, and I do not think I had been absent that day.

ROBERT MEREDITH (City policeman, 414). I took the prisoner on 9th March, between 8 and 9 o'clock in the evening, and received this shilling—onthe way to the station house, he said that it was a very bad job to give a respectable man into custody for nothing—I found on him a half crown, a key, and a thimble—he refused his address to the inspector, and also at the Mansion House, till he was placed in the cell, and then he gave it, and I found it to be correct.

WILLIAM WEBSTER . This shilling is bad.

Prisoner's Defence. If he had charged me 1 1/2 d. for the porter, I should have been obliged to change the half crown; I was at work at the time, and have been five weeks in custody.


5th April 1858
Reference Numbert18580405-425
VerdictGuilty > unknown

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425. MARY ANN ENGLAND (22) and ELIZA FINESEY (21) were indicted for a like offence.

MESSRS. POLAND and LAXTON conducted the Prosecution.

JOSEPH BAILEY . I am barman at the Two Ships, No. 27, Old Compton Street. On 25th March, the two prisoners came there, about a quarter to 4 o'clock in the afternoon—I served them with half a quartern of gin, and they drank it between them—England gave me a sixpence; I gave her the change, and put it on a shelf, where there was no other money—they left

together very soon afterwards, and I looked at the sixpence, and found it was bad—at twenty minutes after 5 o'clock, I was up stairs at the first floor window, and saw them come into the house together—I went down, and they were in the bar; I spoke to the barmaid, she took out the only shilling that was in the till, and it was bad—I gave them into custody, with the bad money.

England. Q. Will you swear that is my sixpence? A. Yes—I put it on the shelf because I had my suspicions, but I had other people to attend to.

MARTHA HUNTER . I am barmaid at the Two Ships. I served the prisoners, about twenty minutes past 5 o'clock—Finesey asked for half a quartern of gin; they drank it, and gave me this shilling—I put it into the till; there was no other money there—Bailey came down, and in consequence of what he said I looked into the till, and found this shilling (produced), and gave it to Bailey, who broke it in two, and gave it to the policeman.

Finesey. You gave me sixpence and a 4d. piece in change. Witness. Yes, I took them from the till, and that left it empty—you could have got away before Bailey came down.

GEORGE WAITE (Policeman, C 90). The prisoners were given into my custody—England said that she took the sixpence at a tobacconist's shop in Leicester Square—Bailey gave me this shilling and sixpence.

WILLIAM WEBSTER . These are both counterfeit.

England's Defence. I am an unfortunate girl; a gentleman sent me to get some tobacco, I received the sixpence then, and received 5s. from him; I shared the money with Finesey, as was our custom.

Finesey's Defence. I had no money but what she gave me; she gave me half.

GUILTY .— Confined Nine Months each.

5th April 1858
Reference Numbert18580405-426
VerdictGuilty > with recommendation

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426. ANN KENT (30) was indicted for a like offence.

MR. POLAND conducted the Prosecution.

MARY CATHERINE ROBINSON . My father is a corn dealer, of Graham Place, Dalston Lane. On 15th March, between 1 and 2 o'clock, the prisoner came for a new laid egg, the price was 1 1/2 d.; she gave me a florin—Iput it into the till; there was no other florin there—just as she was going out, a man came in for 1/4 oz. of tobacco—a constable came in, and, is consequence of what he said, I looked at the piece of money and found it was bad—the policeman went out and returned with the prisoner—I gave the policeman the florin—the man who I served went away.

Cross-examined by MR. PAYNE. Q. How long was the woman in the shop? A. A very few minutes—it was about ten minutes before the constable came back—I observed nothing the matter with it when I put it in the till, and, but for the policeman speaking to me, I should not have looked at it again.

WILLIAM LAMBOURN (Policeman, N 489). On Monday, 15th March, I was on duty in the Kingsland Road, between 1 and 2 o'clock in the afternoon, and saw the prisoner and a man; I watched them along High Street, Kingsland, and along the New Road to Dalston Lane together—they looked into Mr. Robinson's shop, passed it, and the man came back and looked in again—hethen went back to the prisoner and said something to her—I saw him give her a 2s. piece or a half crown, and, pointing over his shoulder, said "Go in there"—she went into Mr. Robinson's, and the man remained about ten yards off—he waited for a minute or two, then went up towards the window, and by the time the prisoner had got her change he went in, and she came out directly and set to running as hard as she could—Iwent into the shop just as the man was leaving—Miss Robinson looked in

the till and took out a florin—I examined it, found it was bad, marked it, and returned it to her, and went in search of the prisoner—I found her alone, nearly half a mile from the house—I said, "You must go back with me for passing a counterfeit florin at Mr. Robinson's"—she said, "Here is the change, the lady will not prosecute me," giving me 1s. 10 1/2 d.—I took her back to the shop, and she asked Miss Robinson not to prosecute her—I saw the man come out of Mr. Robinson's shop on Saturday night, and have seen him since.

Cross-examined. Q. How many times? A. Once—I was just across the road, when the man said, "Go in there."

WILLIAM WEBSTER . These florins are counterfeit.

GUILTY .—She received a good character.—Recommended to mercy by the

Jury.— Confined Two Months.

5th April 1858
Reference Numbert18580405-427
VerdictGuilty > unknown

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427. CAROLINE MATILDA DOWNEY (19) was indicted for a like offence.

MESSRS. POLAND and LAXTON conducted the Prosecution.

ISABELLA VIRTUE HALES . My father keeps a book shop. On 14th Feb., between 8 and 9 o'clock in the evening, the prisoner came—I served her with a penny book, and she gave me a bad half crown—I showed it to my father; he bent it, and the prisoner was taken to the station and discharged—I saw her again about a fortnight afterwards, and am quite sure she is the woman.

RICHARD KING HALES . I am a publisher, of No. 80, Church Lane, Whitechapel. On 14th Feb., my daughter called me into the shop about half past 8 o'clock—I saw the prisoner then, she had a shawl over her head, and I could only just see her face—my daughter pointed to a half crown—I bent it in the detector, and sent for a policeman—I told her it was bad—she had 1d. in her hand, which she offered me to pay for the book—a policeman came, and I gave it to him—the prisoner was taken to the station, nothing was found on her, and I said I would not press the charge—I am sure she is the person.

Prisoner. When first you saw me at the Mansion House you said you were quite sure I was not the party. Witness. I could only imperfectly see your features, and I said, "Well, I think not;" but when I caught a full view of your features, I said, "Yes, she is."

SAMUEL EGERTON (Policeman, H 24). The prisoner was given into my custody—on the way to the station I asked her how she accounted for having the half crown; she said that she was a bookbinder, and work being very bad, a gentleman gave it to her to go home with him, and she should know him again—nothing was found on her, and she was discharged—she had no bonnet on, and a shawl was put over her head—I saw her again at the Mansion House about a fortnight afterwards—I did not hear her speak at first, I was standing behind her, and said, "I think I have a doubt whether she is the woman;" she turned round and said, "No, I am not the woman;" I said, "Iam quite confident now that you are"—I had not the least doubt when I heard her speak, and saw her full face—she was in custody about half an hour on the 14th.

ANN AUBURN . I am the wife of John Auburn, who keeps a general shop at No. 10, Chicksand Street. On Tuesday evening, 2d Feb., the prisoner came for half an ounce of tobacco, and put down this shilling (produced)—I put it in the till—she came next evening and gave me a half crown for some and sugar; it looked rather dark, and I tried it and found it was bad; I told her so, and she said, "Is it?"—I knew her about the neighbourhood for some time, and gave it back to her, and she took it away.

Prisoner. I have not been to your shop for months; the last time was to ask you for a skein of silk, for my work, and you denied me. Witness. I am certain of you, because you had not been in the neighbourhood for two or three months, and then you came.

BRIAN JONES . I am assistant to Messrs. Capper and Co., drapers, of Gracechurch Street. On Tuesday, 16th Feb., about half past 5 o'clock, I served the prisoner with some calico; she gave me a bad half crown, and I gave her into custody.

Prisoner. You never accused me of it's being bad. Witness. No; I put it on a little ledge, and asked the cashier to examine it carefully, but it did not go out of my sight.

THOMAS MACKINTOSH (City policeman, 581). I took the prisoner, and received the half crown from Mr. Jones—she gave me her address, No. 5, Halifax Street, Mile End, New Town—I went there, the persons knew her, but she did not live there.

WILLIAM WEBSTER . These two half crowns, and this shilling, are counterfeit.

Prisoner's Defence. I did not know that the last one was bad, and I never was in the other shops at all.

GUILTY .— Confined Four Months.

5th April 1858
Reference Numbert18580405-428
VerdictGuilty > unknown

Related Material

428. EDWARD SMITH (36) was indicted for a like offence.

MR. POLAND conducted the Prosecution.

JOHN COOK . I am manager to James Wright, who keeps a licensed house, in Fetter Lane. On Saturday, 20th Feb., about 11 o'clock, I served the prisoner with a half pint of porter—he gave me a bad shilling; I broke it in two, and returned it to him—he paid for the beer in good money, and left—on Sunday, 21st, he came again, about five minutes past 1 o'clock in the afternoon; I served him with a pint of porter—he gave me a bad shilling; I broke it in pieces, returned them to him, and told him that if he came again I should give him in charge—he paid me with a good shilling—he came again on 5th March, about 6 o'clock in the evening, and gave me a bad sixpence—hehad a handful of copper and silver; I cannot say how much—I said that he must have known it was bad, and gave him in charge—I am sure he is the same man.

JOHN HANDS (City policeman, 360). I took the prisoner, and received this sixpence from Cook—I found on the prisoner 5s. 6d. in good silver, 13 3/4 d. in copper, and a medal representing a sixpence.

WILLIAM WEBSTER . This sixpence is bad.

Prisoner's Defence. If I had known it was bad money, I should not have gone there day after day.

GUILTY .— Confined Six Months.

OLD COURT.—Thursday, April 8th, and Friday, April 9th, 1858.


Before Mr. Justice Crompton and the Fourth Jury.

5th April 1858
Reference Numbert18580405-429
VerdictGuilty > unknown

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429. GIOVANI LANI (21) was indicted for the wilful murder of Heloise Taubin; he was also charged on the Coroner's Inquisition with the like offence.

MESSRS. BODKIN and CLERK conducted the Prosecution.

The prisoner, being an Italian, had the evidence interpreted to him.

JULIA LEVY (through an interpreter). I keep the house, No. 8, Arundel Court, Haymarket. I knew the deceased, Heloise Taubin; she lodged in that house for four months before her death—I think she got her living by walking the streets and bringing gentlemen home; she was a gay woman—I believe she was thirty-two years of age—she occupied the third floor front room—on the night of 23d Feb., I was in Charles Street, Haymarket, about 10 o'clock—the deceased was also out in the street at that time, walking about—about 10 o'clock I saw the prisoner in Charles Street; he spoke to me—we were in conversation for some minutes together—I had a watch and some jewellery on that night; a chain and several rings—he came up to me and asked me if I was a French woman—I said, "No"—I then spoke to him in German; he did not answer—I afterwards showed him where I lived—Ishowed him the house with my finger; he walked up and down the Haymarket with me; that was at the same time—about half past 10 o'clock I was in Arundel Court; I had just returned home, and he was standing there talking to two women at the door of my house—they were the deceased and Madame Virginie Sylvestre—I did not see whether he left the court at that time, as I went into my room—about 11 o'clock the prisoner came to the house—I was then in the parlour with an old lady—the prisoner came and rang the bell—the servant opened the door, and he asked for Madame—heopened the door of my room, and said he had come to sleep with me—I told him that I would not allow him to sleep with me, because it was too little money, and I expected a friend—he had said in the Haymarket that he would give me 10 francs—I told him it was too early, and he said he would come later—I told him in the house that I would not go to bed at so early an hour for so little money; I said, "You think perhaps I am foolish or stupid to go to bed so early for so little money"—when he saw that I would not let him sleep with me, he was very sorry and very cross about it—I then went into my back parlour and put on my bonnet, and the prisoner remained at the door of the parlour; the two rooms are adjoining—the prisoner spoke to my servant, Ann Brown, in French—she does not understand French well, and she called me—he told her to go and fetch the little woman of the two with whom he had spoken at the door; she went—the prisoner remained in the house while she was gone—in four or five minutes she brought the deceased back to the house, and I saw her go up stairs with the prisoner; that was just 11 o'clock—I never saw her again alive—I went out after 11 o'clock—I saw the deceased in the streets that night, with a watch, a chain, and a ring on her—I did not see her body after she was dead.

Cross-examined by MR. TINDAL ATKINSON (with MR. AUSTIN). Q. How long have you kept this house? A. Six months—I have left it now, and sold the furniture—I never kept a similar house before that, either in England or elsewhere—three or four gay women lived in the house; there was Madame Disher, Madame Virginie Sylvestre, and a woman who was ill, named Juliette—Sylvestrehad no jewellery on that night—I do not know

where they buy their dresses; they were their own—they are lodgers—a Monsieur Mouton lodged in the house, no other man; he sells jewellery; he is a merchant—he came to see Virginie, but I think he had a room somewhere else; I am not certain about that—I believe he slept in the house sometimes—I do not know that he slept there always, as I did not trouble myself with my lodgers at all, or their business—the ladies paid me for their lodging by the week—they were not in debt to me at this time, not any of them—I do not know whether Mouton was in the house at 11 o'clock, when I was there—I do not know whether Mrs. Disher was in the house—she is married, and Mr. Disher lives in the house, and works out of the house, as a tailor—I did not know of any disturbance between Mr. and Mrs. Disher that night—Juliette had been ill three weeks; she had a pain in her side; she was attended by a surgeon, after the death of the deceased, not before—she had not been altogether confined to her bed for the three weeks; she came down sometimes to see her friend, Virginie Sylvestre, and the deceased was also her friend—Juliette lived in the back garret; the deceased in the front garret; Sylvestre in the second floor front; and Disher in the second floor back—the two rooms on the first floor were occupied by a Belgian woman, I do not know her name; I think it was Anna, but I am not certain; she did not occupy that room a long time—I am the landlady of the house, but my servant generally let the rooms—the Belgian woman was a gay woman, she had no man living with her—she had a lover, but he came to the house only—I think he was a Frenchman; he came from Lyons, or somewhere thereabout—I had seen him there the same night that I saw the prisoner—I did not see him on that night, it was the next night, when she was dead—I recollect now that it was on the night following, because I was very sad about this accident, and he spoke to me to console me about it—I did not see him on both nights—I do not know whether Anna, the Belgian woman was in the house that night—I did not mention her name when you asked me about the gay women who were living in the house, because I did not recollect it at the time, as she only lived a very short time there—I did not see the Frenchman in the day at all, I saw him the night after the misfortune; he came then into my parlour, and spoke to me to console me—I had never seen that Frenchman talk to Heloise; I never saw him speak to her—I saw the Belgian woman about 4 or 5 o'clock in the afternoon, when she came into my parlour—that was the day after this—I occupied all the ground floor—my bed room is at the back—no one slept with me that night; no one came in at any part of the night—I told the prisoner I expected a friend; I did expect him, but he did not come—I had no other rooms than those below, only the kitchen—I had Ann Brown as a servant, and another one, a little woman who has since left; I think her name also was Ann, but she had another name besides—she was in my service at the time the prisoner came to the house; she slept in the kitchen, and Brown slept out of the house—Brown left sometimes at 1 o'clock, and sometimes at 2 o'clock in the morning—she usually came at 10 or 11 o'clock in the morning—theother girl was about twenty years of age—she went to bed about 1 o'clock that morning—she got up about 7 or 8 o'clock in the morning to to wash the stairs and the passage; that was generally the case, but that morning I was asleep when she got up, and I cannot say the precise time—shewashed the passage every day—it was her business, as servant, to do it every morning—on the evening when I saw the prisoner, I had not rings on both my hands, only on one hand—I wore four on that night; they were the same as I have on now—they are all diamond rings—theywere on two fingers of the same hand—the ring that Heloise had on was a ring with a red stone, a stone such as gentlemen wear in their pins, a garnet—I had the same watch and chain on that I have now—I did not wear the watch suspended at my waist, but in my pocket—when I showed the prisoner my house with my finger, I was about as far from it as across this court—when I say he was very cross about my not consenting to sleep with him, he did not say anything, but he looked downwards, with his eyes down.

VIRGINIE SYLVESTRE (through an interpreter). I now live at No. 48, Lisle Street. In Feb. last, I lived in Arundel Court—I am not a gay woman—I

live from the produce of the work of my friend, Mr. Mouton—he was staying with me altogether at that house—he slept there on the night that the deceased met her death—he slept there every night—I knew the deceased perfectly well—I was out with her that evening—I was with her when she met the prisoner in Waterloo Place—when we came out of the house we met Madame Levy in the court—the prisoner was speaking to us in the passage of the house, but he would not stay at that time, and it was when we went out after that, that we met Madame Levy in the court just before the house—I did not hear him ask Madame Levy to sleep with him, but he said to me that if Madame Levy would not sleep with him, he would sleep with one of us—wethen left him at the corner of the passage—about three quarters of an hour afterwards we saw him in Piccadilly—that was from about a quarter to 11 to 11 o'clock—he addressed himself to Heloise, and again said, that if the other would not sleep with him he would sleep with the deceased or with me—the deceased told him to leave her alone, and said, "Go to the devil;" he then went away—a short time after that, Ann Brown, the servant of the house, came after us, and said to Heloise that there was a gentleman, and Heloise went back—I returned to the house at 1 o'clock in the morning—I occupied the second floor front room—Theophile Mouton came home with me—we had supper after we got home, about half-past 1 o'clock—the deceased was very often in the habit of having supper with us—on this night I called to her twice to come down to supper—she was then in her own room with the prisoner—the first time I called her she said she was engaged, and she was in bed and could not come—I heard the prisoner say that she was engaged, and could not come down—I said the second time, "Come down, come down; it is no matter, come down"—I then heard the prisoner say, if she wanted her supper, he offered her one—after that, she came down to supper—there was only the deceased and me at supper, Mr. Mouton was in bed—the deceased remained with me at her supper till about half-past 2 o'clock—she then went back to her room—a short time after that, I went up the staircase and called at the deceased's room door—I went to fetch a book; and the prisoner gave me the book—I saw him perfectly well when he gave it me—he had only his shirt on at the time—when I received the book, he locked the door with the key—I went down to my room—I cannot say positively what time I got up on the Wednesday, but I think it was about 12 o'clock mid-day; I had breakfast about 1 o'clock—Heloise very often came to breakfast with me, and she had told me the day before that she would do so on that very day—about 1 o'clock Mr. Mouton went to call her at her room—I heard what he said, my door was open—he obtained no answer—between 2 and 3 o'clock I went up to see the sick person, Juliette, and I tried the handle of Heloise's door several times to see if I could open it; it was locked—I tried to look through the keyhole for the purpose of seeing if the key was inside—there was no key in the lock—I could not hear anything in the room—at 8 o'clock in the evening I saw the door of the room broken open by Theophile—I went into the room with him—I first looked at the table, and saw her things all upon it; I then looked towards the bed, but I could only see something after Theophile had removed the bed clothes a little—I then saw Heloise; I did not see her face, but I recognized her—I saw the back of her head and her back—she was lying on her face; her head was between the two pillows, not one over her head, and the other under it, but between the two—her arms were turned outside in this way (putting her hands backwards)—she remained precisely in the position in which she was found, till the doctor came; nobody touched her—I had not looked at her wrists before the doctor came—I

was down stairs when the doctor came—I walked up with him, but I did not go into the room until after he had examined the body, or was about it—Isaw the deceased's face then, so the doctor must have moved her—I think the doctor came about five minutes after the door was broken open, but I cannot exactly say just the time—one of the servants went for the doctor I do not know which—Theophile stopped at the door of the room, and said nobody should enter there until the doctor came, and he shut the door—I was out with the deceased the night before, to buy some shoes, because she could not talk English—she wore a watch and a chain, two rings, and a pair of earrings that night—when I went into her room on the Wednesday I did not observe any of those articles—I did not look for them, but I begged the inspector to do so—I knew the deceased's watch perfectly well; and one of the rings I knew perfectly well; the other one I had seen, but she only possessed that second one since the Sunday before—I know the earrings that she had on that night—I know that she possessed a little wooden work box which Theophile Mouton bought for her; and she had brooch, with the portraitof a soldier on it—I think they call it a Chasseur de Vincennes—I think she placed that brooch in a drawer of a chest of drawers—the work box was bought about Christmas—I have seen the articles that have been mentioned since, several times; the first time at Vine Street police station, then at Marlorough Street police court, and the third time before the Grand Jury.

Q. In the morning when you received the book from the prisoner, did you see whether his face was scratched or not? A. I looked very much at his face, at least I saw his face perfectly well, and I observed there were no marks upon it.

Cross-examined by MR. T. ATKINSON. Q. How long had you lived in the house? A. At the time in question five months and a half; I think I went there the same week that Madame Levy took possession of the house—Mouton went with me at that time—I knew Madame Levy before, I saw her often—I had never lived in another house of her's—I knew her from seeing her in the streets, just as French women know each other; I never went to see her, and therefore do not know where she lived before—I sometimes brought some friends to Madame Levy's house in Arundel Court; male friends—Mouton was never at home; he is out at work, and comes home at night to dinner, and then he goes to a place where he spends his evenings generally—he was at home on this Wednesday evening when the door was broken open; we had just finished dinner—he had been out all the morning; he came home for breakfast at 1 o'clock, then he went out for a walk with Mr. Disher, having nowhere to go that morning, and he brought home things for dinner—I knew the lodger in the first floor, indirectly, not well; I knew her just as one know a person without being intimate—I think she was staying with a gentleman there; I do not know whether he was French, I think he was—I remember his being in the house on that day—he and his wife, or woman, were just about to get their dinner—I only saw them after this had happened, at half past 8 o'clock—I think that was the time; that was when the doctor was up stairs and the door was broken open—I am quite sure that Heloise had tworings on her fingers on the Tuesday night, because she had great pride in showing them—one had a red stone, and the other also was a red stone in the middle, and some small white stones around it—the one with the white stones was not gold, it was only copper or brass—I was not out in the streets with the deceased at 1 o'clock in the morning; I left her at 11 o'clock—I very often go to Waterloo Place—I never agreed to sleep three in a bed with the prisoner and Heloise, he did not ask me for it.

COURT. Q. Was anything of that kind ever proposed by anybody? A. Never.

THEOPHILE MOUTON (through an interpreter). In Feb. last I lived at No. 8, Arundel Court, in the front room, second floor. Madame Virginie Sylvestre lived in that room with me—I remember the Wednesday upon which the death of this young woman was discovered—on that evening, from 8 to half past 8 o'clock, I went up to her room with three or four other persons, ladies—I found the door locked, but the key was not there—having called several times and received no answer, I forced the door open—there was no key in the lock in the inside; I observed that immediately I went into the room—my first look was to the table and to the sofa, which were in complete disorder—the table was covered by a muff a bonnet, a cloak or mantle of velvet and lace, a pint of beer or porter, and some glasses in which was the remainder of some beer—the sofa was drawn towards the fire, and there were, I think, some petticoats and things upon it—after noticing these things, I looked towards the bed, and then I saw something black, it was the top of the deceased's hair—I went to the bed, put my hand on the bedclothes, and said, "Heloise, Heloise, do you sleep"—having made this movement towards her three or four times, I lifted the bedclothes up to the middle of the bed, as far as her lower loins—she was lying on her belly, with her face between the two pillows; she was quite dead—the arms were blue—the arm were turned outside, in this position (describing it), and close to her body; the fingers were clenched just like a person who had defended herself, cramped, not closed, contracted—the arms were not blue all over, but spotted blue—I remained at the door of the room until the doctor came; I stood in the middle, just inside, holding the handle in my hand till the doctor and the police came—when I disovered the body, I covered it over again, and it remained in the same state until the doctor and the police came.

COURT. Q. Had you at all moved the body? A. I had touched it, but without at all moving it from the place where it was before—I did not change its position at all—it remained exactly in the same position as when I first discovered it.

Cross-examined by MR. T. ATKINSON. Q. Do you understand English? A. No; I speak it a little, but not very well—I am a commission agent; I work for three or four parties—I deal in every article which is given me—I have no office, I go about to get work myself, and take it where I can find it—I do not receive any letters, because I am not the master—I do not work for myself, I am not on my own account, I am only a clerk—I work for Mr. Jochin, No. 5, Mead's Court, Wardour Street—he is a manufacturer of enamelled objects—I do not deal in jewellery now; I did formerly, in false jewellery, gilt, imitation—I do not sell them to gay women, I sell them where I can; I do not choose the people I sell them to—I am living with Madame Sylvestre; I never sleep out of the house—I knew Madame Levy before she took this house, indirectly—I had seen her ten times, perhaps; I did not occupy my time with her private history, as little as I think she occupied hers with mine—I did not know where she lived—I cannot say the places where I saw her; I do not give any attention to such trifles—I saw her just as I see a great many foreign persons, and know them just slightly; it was not more by night than by day; I do not know whether it was in the neighbourhood of Waterloo Place and Piccadilly; I cannot answer for that—Virginie paid Madame Levy the rent of the room—I helped Madame Virginie as much as lay in my power, as friends, and all the money I earned came into the house for the household, for my household; we are together—I know

Disher and his wife; I did not know of their having had a quarrel on the Tuesday night; I knew next day of Mrs. Disher having been on the stairs, but I did not know it at the time.

ELIZA DISHER . I am an English woman. In Feb. last I lived No. 8, Arundel Court, Haymarket; I occupied the second floor back room—my husband lived with me—I remember the Wednesday, when the death of this young woman was discovered—on the night before that, I had a quarrel with my husband; in consequence of that I went and sat on the stairs—I went out of my room about 1 o'clock—I went down into the kitchen then—I came up again about half past 2 o'clock, and sat against the door of my own room—Icontinued to sit there till 7 o'clock the next morning—about that time, or a little before 7 o'clock, I heard three groans proceeding from the top of the house—that was about 7 o'clock, it might be a few minutes before—about half an hour afterwards a gentleman came down the stairs—the prisoner is the person—he said nothing to me, he never spoke to me; he came behind me all the way down, and passed me at the foot of the stairs; he followed me all the way down, and passed me on the landing to get out at the house door—I saw him quit the house—there was nobody there to open or close the door, he opened it himself and closed it himself; nobody else came down at that time—he did not carry anything in his hand—I noticed that he was very stout across the shoulders, and thought he was a stout gentleman as he passed me—he presented a stouter appearance across the breast than he does now; he had on a brownish coat, it was a loose coat with loose sleeves—it was not at all like the one he has on now, it had no hood to it—it was a coat; it had a collar, no hood; it was a big loose coat, rather longish, and loose sleeves; it was a great coat, it hung loose about him—I had an opportunity of seeing his coat when he went outside the door—it was quite light—Inext saw him at Marlborough Street—I saw his face, for he turned round and looked at me when he got outside the door.

MR. ATKINSON to JULIA LEVY. Q. How was the man dressed when you saw him at the door, when you pointed out the house to him? A. In the same coat as he has on here, he was dressed like that—I am not certain if he had a hood behind; his coat was frogged in that manner when he was in the house afterwards, he had a paletot, like that.

MR. BODKIN. Q. You have stated that there was a lady who was sick to the back room on the upper floor? A. Yes; no male person slept in that room, she slept there by herself.

MR. ATKINSON to VIRGINIE SYLVESTRE. Q. When you saw him first, was he dressed as he is now? A. Just the same.

MR. BODKIN. Q. Did you notice the colour of his coat? A. It was that colour; a brown blue colour—I did not observe any hood on it; I am not certain whether there was a hood or not.

ELIZA DISHER cross-examined by MR. AUSTIN. Q. At what hour was it that you say you quarrelled with the man in the house? A. About 11 o'clock; I then left the bed room and went down into the kitchen—I took up my position on the stairs about half past 2 o'clock, and stayed there till 7 o'clock next morning—I was awake the whole of that time—I sat on the stairs all night, because I had a quarrel with my husband—he is my husband; he remained in the bed room—we were married at Great Bealing, in Suffolk, about two years ago—we had lived in this brothel, or house of ill-fame, three weeks—I did not see what the habits and character of the people in the house were, they were all very quiet people—some of them were in bed early; I do not know whether they all went—some of them got up at 8 o'clock in the

morning—I generally went to bed about 10 or 11 o'clock—I went out of the bed room of my own accord—my husband invited me to come back three or four times; he called to me, and said I had no business to sit on the stairs—Ipersisted in sitting there—while I was sitting there, I saw the deceased go up stairs about half past 2 o'clock—I had just come up there then—I saw so one else pass up the stairs or down them—I did not get drowsy at all towards morning—it was quite daylight at 7 o'clock—the staircase on which I sat is not a very narrow one—at half past 7 o'clock, I saw some one go down the stairs; he had on a brownish coat with loose sleeves, and loose round the bottom; it was a loosish coat—my husband is a tailor, so I know a coat when I see it—it was such a coat as he makes, a paletôt; hanging loose about—there was some braid round the buttons—I do not know who gapplied the persons in the house with clothes or with their jewellery—I did not see the jewellery of either of the ladies who were living there—when I heard the man's footsteps behind me on the stairs in the morning, I went down first and he followed behind me.

MR. BODKIN. Q. I think you said when you first came out of your bed room, you went down into the kitchen? A. Yes; I was there till I came up about half past 2 o'clock—I had just come there when I saw the deceased go up—I heard Madame Virginie go up stairs about five minutes after the deceased went up; I heard her knock at the deceased's door and ask for Madame Heloise—I heard her come down directly after she came up—fromthe time that she came down until the prisoner came down no other person went up or came down stairs—he turned round, as he went out of the house, and looked at me; I did not notice whether his face was cut or scratched at all.

COURT. Q. Can you say whether his face was scratched? A. No; I did not tee any scratches on his face—they might have been fresh done, and might not be discerned, bat I saw none—I was not sitting at my door when be came down, I went down stairs, but when the deceased came up I was sitting—my door is sideways to Virginie's, on the same landing—it was dark, and she had no candle in her hand when she went up stairs—the three groans I heard were not so very loud; not at intervals, bnt immediately after each other—that was all the noise I heard—if there had been any long or violent suffle, I think I should have heard it—if two people had been fighting, I should have heard it directly, or if they had been struggling—I could hear the groans distinctly, they were not very loud—his coat was not like the one he has on now, there was no hood to it, but a collar; those with a hood are not generally paletôts; I have not seen them with a hood—I do not know whether any of them are made so that you can wear the hood in or out; I have not seen any of them made like that.

MR. AUSTIN. Q. Were you under the belief that the groans you heard came from the sick room? A. Yes, I supposed they proceeded from the lady who was ill in the next room, from Juliette.

FREDERICK TOTHILL . I am a surgeon, of No. 8, Charles Street, St. James's Square. I was called in to the house in Arundel Court on the Wednesday evening, between 9 o'clock and half past—I went up to the front room on the third floor, and there found the dead body of a female, lying on the face the face supported by pillows on either side—I removed the coverings so as to see the whole body—it was on a bed—the face was downwards on two pillows, and the rest of the body was corresponding with it, quite flat downwards, flat on the belly—I should think ten or twelve hours had elapsed since the death—there was slight warmth in the chest and belly—the fact of the

body being covered with clothes would keep the warmth longer than if the body had been entirely exposed—I had the body turned over on the bed—beforethat was done I noticed the position of the arms, they were turned outwards, and the hands everted, that is, the fingers from the body, so that she would have the arms in this way behind her—I did not particularly notice any discolouration of the arms before the body was turned over, but afterwards I did; in front of the arms they were livid—the general appearance of the body was livid, and with red patches; the eyes prominent, and the blood extravasated underneath the membrane of the eye; the pupils dilated; the right eyelid had drooped and covered the eye; the feature swere swollen and much distorted; blood and mucus was running from the nose; the tongue swollen and protruding from the mouth, so much swollen that I could not have made any mistake about it at all—at the lower and front part of the windpipe there was a dark red livid spot, about the size of a 6d. or a 4d. piece; the skin around that spot was excoriated externally—it was such a mark as would have been caused by either the finger or thumb of a person—therewas no mark of a ligature round the throat—the finger nails were livid, dark coloured—on Saturday, the 27th, I made a post mortem examination of the body, assisted by another surgeon, a Mr. Power—the vital organs were quite healthy, we found no trace of disease in any part of the body—shewas apparently from thirty to thirty-three or thirty-four years of age, as Dear as I could judge—we examined externally the part of the windpipe where the livid spot appeared; there was the appearance of recent injury there—on removing the skin over the spot that I have described, it appeared much bruised; the muscles underneath were turgid, or filled with blood, charged with blood, and appeared bruised—I attribute her death to strangulation—a pressure on the spot of the windpipe which I have described, of the finger or thumb of a person, would cause death by strangulation—whether death would be speedy would depend upon the amount of force used—from our examination of the windpipe we came to the conclusion that considerable force had been used—that is my opinion—it is difficult to say, but supposing a considerable amount of force had been used, I should say that death would have happened within half an hour, or perhaps more, or less, it would depend upon the amount of force used.

COURT. Q. You say that death would have happened from such a thing by pressure for half an hour? A. Oh, less than that, if the pressure was sufficient—if sufficient force was used, death might ensue in ten minutes, or less than that; I mean if there was sufficient pressure kept up for ten minutes.

Cross-examined by MR. T. ATKINSON. Q. I apprehend death was caused by whatis called asphyxia, by pressure on the trachea? A. Yes, whether that might be caused in two minutes, according to the fullness of habit or otherwise of the party, would depend on the amount of pressure used, and the position in which the party attacked was in.

COURT. Q. Whether it might be done in two minutes, did you say? A. Scarcely in two minutes, in an adult—it is very doubtful whether that would be sufficient in an adult, who would struggle for her life.

MR. T. ATKINSON. Q. Have you had many cases of death by asphyxia under your notice? A. I have seen a good many—in case of asphyxia, the appearances on the brain would depend upoa whether the parties died from hanging, or drowning, or otherwise—I have seen cases of hanging and downing, but I am not aware that I have seen any from actual pressure of the hand before this case—in cases of hanging that I have examined, the vessels of

the brain have some of them been gorged with blood—that does not always follow in strangulation, but I should certainly look for it—in this case death was not caused by what is popularly called apoplexy; it is not because the vessels of the brain are loaded, that it should be called apoplexy—the vessels being gorged is one of the symptoms of apoplexy—I examined carefully the vessels of the brain in this instance—the heart was healthy, but was not in its natural state with regard to the supply of blood; the right side was full of dark black blood; that is one of the symptoms of death by strangulation—shewas not a woman of full habit; there was nothing remarkable either one way or the other—she was muscular, and comparatively in good health—she appeared to have the ordinary power that women of her size generally have—sheappeared in perfect health; I saw nothing to make me think the contrary—she did not appear over strong, not beyond the usual strength of women of her build and size—she was a woman of ordinary strength—there were some livid spots on the arms which I call extravasation or ecchymosis—Iam not aware of any difference or distinction between cadaverous lividity and ecchymosis—I am not aware that in the books there are any such distinctions drawn—I do not know of marks like those I have spoken of, livid spots, coming on after death, not the same as I have described; not when parties have died a natural death; there is a general lividity on most bodies after death, but not of the same description; it is not in patches, as it was in this case—there is frequently a general lividity in persons who have died from unnatural or other causes, but I am not aware that it comes in patches, in the manner that I have described—I will not say that the lividity of a dead body would not come on in patches in some instances, but it has not come under my observation—the blue spot on the windpipe was deeper and darker than the patches on the arms—the skin was excoriated outside that spot, not to any great extent, perhaps it might be the size of a shilling or larger, I did not take particular notice—it fitted the thumb very well, for I tried it—it looked as if the pressure had been directly on the windpipe, as if the pressure had been this way with the thumb point—I gave the appearances my most careful attention, and came to the conclusion that death was caused by strangulation, by pressure on the windpipe.

MR. BODKIN. Q. Was the excoriation that you noticed such as might have been caused by the thumb only, supposing a person's thumb to have been used for the pressure? A. Very probably, I should think—that excoriation, as far as my observation went, was chiefly on one side; more on one side than the other—this was a mode of death not probable, and scarcely possible, to have been caused by the subject herself.

COURT. Q. What makes you say that? A. A person using pressure upon herself in that position would lose the power, and then relief would come; the hand would drop, and the air would come—it is the want of air in these cases that causes the death—the injury on the throut would not have caused death in any short time except from the want of air—if the air had not been excluded from the lungs, no doubt the party would not have died; I mean, from the amount of injury received upon the part; she would not have died from that—when I spoke of ten and fifteen minutes, I meant a continued pressure for those times—I do not think the mere blow would have done it; the amount of injury done would not cause death—if a blow of that kind had caused death, it would have been instantaneous; if it was a Mow of sufficient power to cause death, there is no doubt it would be instantaneous—therewas nothing that I could see in the deceased's body at all to cause death but the pressure on the windpipe.

HENRY PALMER . I am the house surgeon to Charing Cross Hospital. On Saturday, 27th Feb., I assisted Mr. Tothill in making a post mortem examination of the body of the deceased—I had seen the body before that day, in the dead house at the hospital; the general appearance of it, when I came to examine it, was livid and ecchymosed—the lividity was general; the patches of the ecchymosis were on the upper part of the trunk and arms; principally on the shoulders and arms—the face was congested with blood—there was a spot or mark which particularly attracted my attention, on the centre of the throat, just over the windpipe—I call it an ecchymosed mark—in size it corresponded very nearly with the top of my thumb—there was no mark of a ligature round the throat—on opening the body, we found the organs generally healthy—there was no trace of disease—when I saw the body first the tongue was protruding and very much swollen—that was on the Thursday I believe—there was blood extravasated underneath the conjunctiva of both eyes, that is the external membrane of both eyes, I mean, of the eyeball—the pupils of the eyes were dilated—the nails of the hands were livid; one was slightly broken, that was the top of the nail—I cannot say for certain which band that was, or which finger, I did not attribute so very much importance to it—on removing the skull, we found the brain considerably congested, sufficient to deserve the name of congested, it was decidedly congested—lexamined the muscles under the spot where I observed the external mark in the throat, and found them much bruised—the lungs were considerably congested—therewas no foreign body in the throat—the heart was healthy, the right side contained black blood—judging from these appearances, I attribute the death of the deceased to strangulation, produced by pressure on the windpipe.

COURT. Q. The right side of the heart contained black blood; what caused that? A. The right side of the heart not being able to propel the blood to the lungs, on account of the lungs being gorged with blood—that would depend upon the deficiency of air being there, the lungs being so gorged by the deficiency of the air that the heart was not able to propel any more blood to the lungs—it is the duty of the right side of the heart to send blood to the lunge.

MR. CLARK. Q. Can you say whether much violence had been applied to the windpipe? A. I should say considerable violence, on account of the bruised state of the windpipe and the muscles—looking at those appearances, I am of opinion that the deceased could not have produced that violence on herself—I do not think that a person presenting the appearances I have described upon the deceased, lying in bed upon her belly and face, could have taken away her life herself.

Cross-examined by MR. T. ATKINSON. Q. You say that the upper part of the deceased showed ecchymosis in broad spots? A. I do; if that had been post mortem lividity, I consider it would have been more diffused over the whole of the surface—I am not aware from my knowledge, experience, or reading, that spots of that description may be produced after death—ecchymosis takes place before death, and lividity after—I have heard of Dr. Christison; I am not conversant with his scientific productions; I have, of course, heard of them—Ihave heard of them merely—I believe he is an authority.

Q. Supposing he were to say that he had found blows inflicted two hours after death would give rise to appearances on the skin similar to those inflicted recently before death, would you, another great authority, differ from him? A. That is an exception to the rule; I never struck a body two boon after death, and I am not in a position to say—I have never seen the effect of blows on a body after death.

MR. BODKIN. Q. Is ecchymosis caused by the filtration of blood during life? A. Year that filtration cannot go on much after death—I am of opinion that the ecchymosis which I observed on the upper part of the person of this girl had been caused during her life, and by a blow or by pressure—thatextended to the shoulders and just down to the chest—the livid mark in other parts of the body might have been the appearances after death.

COURT. Q. You say that you attribute it to strangulation? A. I do; insensibility would follow after a very short pressure on the windpipe, but the pressure must be continued; not a mere blow, but there must be a continued pressure—in my opinion the death was caused by continued pressure—if that pressure had been removed, and the air had come, death would not have earned—I attribute it to continued pressure, excluding the air—I do not know of any other cause—I could see nothing else to account for death in my mind, except from pressure on the windpipe excluding the air.

COURT to MR. TOTHILL. Q. Did you form, from the position in which you found her, and the appearances which you observed, any judgment aa to the position she was in, or whether this was done on the bed? A. In all probability she was on the bed when the injnry was inflicted—that was always my opinion, but not in the position in which she was; she was on her face—it is possible that she could have been strangled in the position in which she was, but very improbable—in my judgment she had been placed there afterwards—Icannot form any judgment whether she was on the bed or standing up; it is very improbable that she was strangled in the exact position she was in in the bed—I should say in all probability she was in a lying position, but I cannot correctly form any judgment of that.

MR. BODKIN. Q. Supposing a person in this position had inflicted this injury on herself, would it be possible for her to put her hands behind her, in the position in which they were found? A. I think it highly improbable, almost impossible, that the deceased could have placed herself in the position in which I saw her, with her face downwards; if the had caused the pressure on her own throat, it is quite impossible that she could have afterwards placed her hands behind her person in the way in which they were found.

JOSEPH HUGGETT (City police sergeant). On 27th Feb., I went down to Greenhithe, and found a vessel lying there, about 8 o'clock in the morning—Inspector Park was with me—we found the prisoner on board; he showed me his berth in the vessel, in which I found this small Swiss clock hanging up (produced); also a black bag, which I opened with a key that was taken from the prisoner; I found this small cedar box (produced), on the top of the other things inside the bag—in the box was this brooch (produced)—after that the prisoner was brought on shore by Mr. Park and myself, the captain not being on board, and we understood that he would not be on board till 11 o'clock—I remained on shore with the prisoner, having him in custody, and Mr. Park returned to the ship; I did not go back—the prisoner was searched by Mr. Park in my presence on board the ship, previous to bringing him on "shore, and a letter was found on him, in a pocket book which Mr. Park has—Iproduce a watch and ring which I received from Mr. Hill, in Barbican, shopman to Mr. Brier, a gold and silver refiner.

Cross-examined by MR. AUSTIN. Q. I believe you found this clock that you produce, hanging up in the prisoner's cabin, where it could be seen by every one? A. Yes, any one that entered his berth—it was going, and could be seen by any of the passengers on board the ship, or the crew, if they went in—he showed me the way to the cabin, and gave up the things that I wanted from him.

BARTHOLOMEW PARK (Police inspector, C). I went with Huggett on board the Pride of the Thames, at Greenhithe, on 27th Feb. The prisoner showed us his berth; I saw this black bag there; it was looked, I unlocked it with a key which the prisoner gave me—he was there when I unlocked it—Imotioned to him that I wanted to see the contents of the bag, and he gave me the key—when I unlocked it, I saw the wooden box at the top of it; the brooch produced was inside the box, at the top, and also this earring (produced)—the prisoner was taken on shore by me and Huggett—I afterwards went back to the ship, and received from the captain's wife, who was on board, these two silver cord bracelets and this little purse—these articles of dress were given to me by the captain; a moire antique jacket, and a black silk mantle—these were given to me on the Saturday, about twenty minutes past 11 o'clock in the morning—I had at that time left the prisoner on shore, in Huggett's care, at an inn by the road side—I did not show any of these things to the prisoner before I came up to London; he saw me find the box at the top of the carpet bag, and said, "Me bought it"—there was a portmanteau in the berth the prisoner was taken in, it was locked; I opened it with a key which the prisoner gave me, and found a quantity of male wearing apparel, among which was this shirt (produced), with some marks on it which are quite visible now—they are the marks of blood and mucus, as far as I can say; the marks, apparently of blood, are on the left breast and arm—I showed it to Mr. Tothill, the surgeon.

Cross-examined by MR. AUSTIN. Q. You have not been a medical student as well as a policeman? A. No—I have not examined the shirt with a microscope—when I went on board, the prisoner showed me his cabin—the clock was hanging in such a position that every one could see it—I told him to open the bag, and he opened it.

MR. TOTHILL (re-examined). I have examined this shirt; in my opinion these stains on it are stains of blood—I have seen them before.

Cross-examined by MR. T. ATKINSON. Q. Does it not look as if a person had been wiping a damp face with blood on it? A. It has the appearance of blood—it is possible there may be water or mucus mixed with it—a very small quantity of mucus would make it in that state—I distinguish mucus from water by the consistency—if the front of a shirt had been starched, and a person's face was wiped upon it, it might be of the same consistency; if it had been pure water it would probably have run more, that is my reason for saying that it was probably mucus—I have not tested it at all, or applied the microscope—I give it as my opinion that it is blood and mucus mixed, it may be blood and water—it is possible that it may be water or mucus.

MR. BODKIN. Q. Do you find some of those stains on the sleeve and shoulders of the shirt? A. Yes—I have never seen a shirt starched in the sleeve—in my judgment these are marks of blood—as to how they came there I offer no opinion—judging from their appearance, I should say they ware not dropped on the shirt—it might be by wiping a bloody face, or by rubbing against any part of a person that was bloody, by coming in contact with a bloody surface.

JOHN ROGERS . I am a sergeant of the C division of police. I was at the Vine Street station, on Saturday, 27th Feb.; the prisoner was brought there in custody on that day—I understand the French language—I put some usual questions to him when he was brought in—I spoke to him in French, and he answered me in French—I asked him what countryman he was; he said he came from Piedmont—the inspector then stated the charge in English and I translated it to the prisoner—I told him he was charged on suspicion of

murdering Heloise Taubin, at Arundel Court, in the Haymarket; he laughed, and shrugged up his shoulders, and said, "It was not me"—by the direction of the superintendent I brought Virginie Sylvestre to the station to identify him—she said, "That is him, that is truly him"—she spoke in French—he heard her distinctly—he then made a statement—I began to take it down, but, finding I could not write fast enough, I was obliged to leave off, and I took it down immediately he had left off speaking—he said, "It is true that I passed the night with the woman, in a house situate in a small street, nearly opposite the Cafe Turc; I remained there all night; we came out at 7 o'clock in the morning, and went to the Crystal Palace; it was there I bought the box which you see,"pointing to this box, which was on the desk,"and other articles, amongst which was a purse, which I gave to Madame; we came back in the evening by railway, and, at the terminus, Madame met a French gentleman, with whom she went away, and I have seen nothing of her since"—Sylvestre asked me, "Has the watch been found?" and the prisoner touched me on the shoulder, and said, "The watch was stolen from me by some English women, and it was in defending myself against them that my face became scratched, as you now see it"—there were scratches on his face at that time.

Cross-examined by MR. AUSTIN. Q. Do you speak any other language than French? A. No, I understand two or three others, but not perfectly—onthis occasion I conversed in French—the prisoner does not speak French very well, it was broken French—the scratches on his face were mostly in this direction (downwards)—I also remarked that he had received a blow on the upper lip, which was swollen—the scratches were very strong scratches.

MR. BODKIN. Q. According to your observations of them, were they such scratches as could have been inflicted by a human hand? A. Yes, decidedly.

GEORGE HILL . I am shopman to Mr. Brier, a gold and silver refiner, of No. 54, Barbican, in the City. On Wednesday morning, 24th Feb., about 11 o'clock, the prisoner came there and offered a gold watch for sale—I offered him 25s.—I spoke to him in German; he did not understand me, and I spoke to him in English; he did not understand that, and I put the amount down on a piece of paper, 25s.; he shook his head—I took the movement out of the case, and weighed the gold, and then I offered him 30s.—he shook his head and went away—he returned in about half an hour, and produced the same watch and a carbuncle ring—these (produced) are the same—Ibought them of him—I gave him 8s. for the ring, and 30s. for the watch the watch was not then broken as it is now.

Cross-examined by MR. AUSTIN. Q. I suppose you gave him what you thought a fair value? A. Yes—I afterwards sold the watch to a Mr. Moses for 32s.; he is here—I sold it to him on the Friday night, and I fetched it from him again on the following Monday; the ring did not go out of my possession—theprisoner was a very few minutes in the shop on each occasion.

MR. BODKIN. Q. I suppose you examined the watch before you offered anything for it? A. Yes—I took notice enough of it to be able to say it is the same; I am sure of that, it is a very peculiar watch—I should think it was about half past 11 o'clock when he finally left me, after I gave him the 38s.

COURT. Q. Are you quite sure of Ihe man? A. Oh, yes; I am quite positive he is the same man.

MORRIS MOSES . I bought a watch of Mr. Hill on Friday evening, 26th

Feb.—he called on me on the Monday morning following, and I gave it back to him—it was the same watch.

PHILIP KROMM . I am a waiter at Klein's hotel, in Finsbury Square. The prisoner arrived at that hotel on 8th Feb., at half past 10 o'clock in the evening; he continued there until the 23d—on the night of the 23d he slept out; he came to the hotel about half past 4 o'clock the following afternoon, and brought a cab with him; he held a handkerchief up to his face—Iasked him what was the matter—he said he had been on board all night, and playing with the cat, she had scratched his face—I said, "It looks more like the scratches of a human cat;" then I made him understand, in French, a young lady, and he nodded consent, and said, "Oui"—he went up stain to bring his portmanteau down, paid the bill that I had given him the day before, and left the house—whilst I was talking to him I noticed some stains of blood on the front, on the flowers—on the Friday morning I saw an account of this transaction in the papers, and gave information to the police.

Cross-examined by MR. AUSTIN. Q. In what language did you make this sagacious observation about the human cat? A. In French—he laughed at first, and then nodded and said, "Oui"—the scratches were down the face, about the width of a finger nail; that was why I said it was a human cat—I cannot say exactly how long the scratches were, they were a little way down on the cheek—I was standing very close to him, I went up to him and examined him closely, I touched the handkerchief with my finger, as he held it up to his face—I got near enough to see that they were more than a cat's scratchs—Iswear that I saw his shirt; he had on the cloak that he has now, it was worn loose about him—he had it open to get the money to pay me.

JULIE LEVY re-examined. I know this wooden box; I had seen it in the room of Heloise Taubin—I know this ring, it belonged to Heloise; she had it on on the Tuesday night

VIRGINIE SYLVESTRE re-examined. I know this box, it belonged to Heloise Taubin; I saw it nearly every day in her room—she had it since Christmas last—I saw it last two days before her death—I know this broocb perfectly well, it also belonged to Heloise, it has the portrait of the Chasseur de Vincennes; I saw it in her room about a month before her death—thiswatch belonged to Heloise; she had it on on the Tuesday night before her death—this ring belonged to her, she had this and another ring on on the Tuesday night—these earrings also belonged to the deceased; she always wore them, and she had them on on the Tuesday evening—these bracelets also belonged to her; she had not those on on the night in question—she bought them to go to a ball, I think it was the last bal Jullien, in Dec. last; I have seen them in her room since that—I also know this clock, that belonged to the deceased, it hung up in her room near the mantlepiece; I saw it on the Tuesday morning—this jacket belonged to Heloise, she did not have it on on the Tuesday night—this velvet mantle also belonged to her, she did not wear it that night—this eye-glass belonged to her—the cotton and other things I cannot recognize—I recognize the thimble and scissors—they appear as if they had been used for some time.

MR. ATKINSON. Q. I suppose you never saw anybody like that portrait come after Heloise? A. No; but I know that she received letters from him.


NEW COURT.—Friday, April 9th, 1858.


Before Mr. Recorder and the Sixth Jury.

5th April 1858
Reference Numbert18580405-430
VerdictNot Guilty > unknown

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430. ROBERT JAMES ROBINSON and ANNE ROBINSON , Stealing five 5l. Back notes, the property of William Whitnall, since deceased.

MR. SCOBELL conducted the Prosecution.

EDWARD JOHN MELLISH . I am clerk to Messrs. Coutts, bankers, of the Strand. I produce a draft, No. 3426—(Read: "23d Jan., 1858. Messrs. Coutts, Pay Mr. Whitnall 34l. 2s. 6d. J. E. Herrington")—that was presented to me on 23d Jan., and I cashed it—this (produced) if the book in which I enter the payments; this entry is in my writing—I paid six 5l. Bank notes, numbers 95510 to 95515 inclusive, dated 3d Dec., 1857, and 4l. 2s. 6d. in cash—I do not remember to whom I paid them.

MARY PEACOCK . I am the wife of William Peacock, of No. 1, Bedford square, Stepney. I knew Mr. Whitnall, who lived in Bedford Square—I remember when he died—he was in the habit of coming to onr shop; he came on 9th Feb., shortly before he died, and asked me to change this note note for him (produced)—I said the 9th, but I see on this note that it was the 8th; he wrote his name on it, and I wrote his address, as he had not written it—I am quite sore this is the note (No. 95515, dated 3d Dec., 1857)—he had a roll of new notes in his hand at the time, and he put the others into his pocket; there were either three or four, I cannot say which.

MARY BOWDEN . I was housekeeper to the late Mr. Whitnall at the time of his death, which happened on 13th Feb.—I know the prisoners; they lived in the same house, but were not upon visiting terms—Mr. Whitnall died my suddenly, about half an hour after his return home; he had been ill for some time, but was suddenly worse on that afternoon, and I called for assistance—Mary Stockman, the landlord's daughter, came, and Mrs. Robinson and Mr. Middleton—the female prisoner was in the room both before and after his death, I cannot say how long—she was not in the room alone—Stockmanwent for the doctor—I remained in the room till the doctors came, and then I left—there were two boxes in the other room; I was in there after Mr. Whitnall's death—I cannot say that the female prisoner was near the boxes—Mr. Middleton was there most of the time—Mr. Whitnall used to keep his money in one of those boxes—I had not seen him put any money there shortly before he died—about a couple of hours after his death we searched the boxes; I had not seen anybody go to them between the time of his death and our searching them—they were locked; I had the key—I had not the key at the time of his death; it was in his pocket—he had not his clothes on at the time of bis death; he died on the bed—his clothes, at the time of his death, were in the room in which he died—I afterwards found the key in his trousers' pocket—when I and Mrs. Robinson searched the boxes, we did not find any money in them; Mrs. Bobinson gave me his ring out of a little box, and told me to take care of it, and it would pay my fare home; I put it into my pocket—Mr. Whitnall died on Saturday, and the boxes were sealed up on the Sunday evening afterwards; they were then in the room, still locked, and I had the key; I had gone to them in the evening—there was some search for some papers—Mrs. Stockman was present, and me, and

several gentlemen—we never found any money in them at all—they were not afterwards unlocked at the time, they were sealed up; I had the key in my possession at the time—there were no drawers in the room; he kept his money in one of the boxes, and he had a small purse, which he used to keep in his pocket, but it was gone; there was no money to be found, nor the purse—no money was found, either in his clothes or in any part of the room, except 9d.

THE COURT inquired whether there was any evidence to show that Mr. Whitnall was in the possession of money at the time of his death, and upon MR. SCOBELL replying that there was not, directed a verdict of


5th April 1858
Reference Numbert18580405-431
VerdictGuilty > with recommendation

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431. GEORGE MACKLIN (27) , Stealing 12lbs. 8oz. weight of silk, value 12l.; the goods of James Walmsley.

MR. PAYNE conducted the Prosecution.

JOHN THOMAS HICKS . I am a gimp spinner, in the prisoner's employment. On Monday, 7th Feb., he sent for me, and I went to him at No. 5, Mare Street, Bethnal Green Road—when I got into the warehouse, he said that he had two parcels which he wished to get rid of for a few weeks, and wanted me to take them away—I asked him where to; he said, anywhere, so long as I took them out of his house for a few weeks—he showed me the outside of the parcel; it was wrapped in a thick sack—I never saw the inside—I did not take them away then, because it was Sunday, and I would not be seen to carry a parcel through the streets on any account on Sunday—he asked me to have a cup of tea with him, and I did so—he asked me whether I would come soon on Monday morning and take them out of the house before any one came on the premises; I made no reply—I went at 8 o'clock, being my usual time to go to work, and as soon as the door was open, my master, who was in bed, called out, "Tom, I wish you would take them parcels out of the house as quick as possible"—his wife, who opened the door to me, told roe to come into the room they call the warehouse, and gave me a bag to put them in—I held it, and she put the two parcels in—they were the same two parcels I had seen in the warehouse—he told me he had weighed them—I did not know where to take them, so I took them to my own house for safety, as he wanted them returned in a few weeks in the same state as I took them away—on the Friday following, I was at his premises between 8 and 9 o'clock at night, he came out of his shed, and said, "Tom, Tom, I want you"—I went into the warehouse, and he ordered me to take a half bag of furniture patterns out of his house immediately—I understood him to say that Mr. Walmsley would send somebody to search his premises; he said that in the presence of Mr. Gardner, his partner—he told me, if I saw any one watching me carrying them, I was to dodge them from one corner to another—I told him if anyoue stopped me carrying them I should be locked up; he replied, "Never mind, I will get you off"—I took the patterns to my sister's at first—he told me when I had got rid of them to come and tell him where I had taken them—I went and told him I had taken these patterns to my sister's, being the nearest place; and he ordered me to take them to my own place for safety, and I did so—in a few days, he ordered me to bring the patterns home—I did so, according to his orders, leaving the two parcels at my house—I took them to my sister's on the Thursday, and removed them to his house on the Monday following—afew days afterwards, I asked him whether I should bring the two parcels home; he replied, "No, Tom; I want you to let them remain at your place a little longer, as I do not know whether Mr. Walmsley will send some one to search my place"—he told me that after everything was dropped, he

should want me to get some one who I knew and could trust to with the goods, to bring them to him and sell them to him out of a form, but there was not to be any money pass—he also said that he should want them to write him out an invoice; and that the formal price was to be 8d. per oz.; and the invoice was to be written, not in the name of the person who brought them to sell to him, but in the name of some other person who lived 100 or 200 miles off, or if a dead person's name was put in, all the better, so long as a person's name was in the invoice—after I had heard all this, I began to feel very uneasy, and went and told my friends about it, and in consequence of their advice, I took the parcels to Mr. Walmsley—I had heard the prisoner say in the presence of young Mr. Gardiner that he would not have Mr. Walmsley know it for 100l.; that is how I came to know who it belonged to—Idid not know it before that—when I took the parcels to Mr. Walmsley, he looked at them and desired me to take them home to my house, and not to give them up to any one till he came there—Mr. Walmsley came with a policeman, who took them away.

Cross-examined by MR. DOYLE. Q. Are you generally known as Tom?A. Yes, in the employment of Mr. Macklin—I am not a religious man; I do not inhabit any place of worship—I do not preach or have any controversy on Sundays—I never speak in public—I did not suspect that these were stolen goods—I thought it strange that Mr. Macklin asked me to take them, but he told me he had bought them—some of them were lying on his counter three or four weeks before Christmas, and in his drawers—I took them away on 8th Feb., but I saw them two months before—I never saw silk like that before on his premises—he does not work with such silk, he is a trimming manufacturer—the silk he uses is floss silk, wound on bobbins—he did not give me this to wind on bobbins; it is not usual to give silk of this description to be wound on bobbins—I have taken work home for Mr. Macklin many a time—I have been in his employment, off and on, for eight years—I first had 12s. a week, then 14s., and then 17s., it is according to my work—if I lost half a day he would stop my money—he did not give me work to make up at home—I have no reason to complain of his treatment, but Mr. Gardiner has treated me like a dog about the premises; I am not very friendly with him—he was only partner with Mr. Macklin about a fortnight—I am friendly with Mr. Macklin—on 23d Feb., he said he would not have Mr. Walmsley know it for 100l.; on the 24th I left my place between 10 and 11 o'clock, and on the 25th I took them to Mr. Walmsley—they were tassels, and all sorts of drapery cords, and were chiefly worsted covered with silk—there were patterns of cords to hang these tassels to—Mr. Macklin never made any until Mr. Gardiner came into his partnership—I saw some before that, and Mr. Macklin told me that Mr. Gardiner brought the others—I call them patterns; they kept them to make by—I do not suppose they were of any great value—Ihad them away three days—I did nothing at all to them; I was not told to put them in order—I think it was Monday, the 15th, that I got them—I went to Mr. Macklin on the 25th.

JAMES WALMSLEY . I am a silk and trimming manufacturer, of No. 12, King Street, Cheapside. I have bought goods of the prisoner for many years—Ihave examined this silk, it is worth about 12l.—I have missed such silk from my stock—I identify this as mine from the quality and general appearance, and likewise by the thread by which it is tied by the dyer—I can speak confidently to about one half of this, and the rest is similar to what I use, and which I buy in town—the colour of one sort is a bad, thick, muddy dye, and

I recognized it directly—Hicks came to me on the 25th and showed me these two bundles of silk—I gave him some directions, and communicated with the police—I never sold silk in my life in this state; I sell thrown silk, but not dyed silk—the first thing the prisoner said was, that he had bought it, and had got an invoice at home, and could show it to us, if we would go down with him, but he said he wished to have a private interview—I and he went into a room up stairs, and I asked him to tell me where he got the silk from, and if he would, I would take no farther proceedings, as I should be quite satisfied—he asked me not to expose the affair—I will not be certain whether that was before I said that I would not take proceedings if he told me something.

Cross-examined. Q. How is it you are able to say that these particular bundles of silk are yours? A. I am confident they are mine from the dye, and from the dyers' thread and mark by which he recognizes the names of the various makers who he dyes for; it is a three-cord cotton you will find it tied with—I do not know any other dyer who uses that—my dyers dye for other people, and they may supply goods for other people—this is not a very common colour, and I have missed that particular shade of colour; the dyer that did that particular colour does not dye for any other individual; it is the same with other colours—a score of people may have silk like this, but not tied up as this is with the same cord—the dyer might not dye some for another person at the same time—this thread shows that this was dyed for me; I do not say that no other dyer uses it, but you will find a knot in the middle of the thread (pointing it out)—for one individual they put one knot, for another two, for another three—I do not say that mine always comes with one knot, but there is one knot on the string—I have known the prisoner a great many years, and never suspected him in the least—this silk must be wound on bobbins to be used.

THOMAS HARRIS (Policeman, H 119). On the afternoon of 25th Feb., at half past 2 o'clock, I went with Mr. Walmsley to where Hicks lives; we saw Hicks, and while we were there, the prisoner came in; I asked him whether the silk belonged to him, he said that it did; I asked him whether he had an invoice, he said that he had, and then that he had not—he said where he bought it, and that he wished to have a private interview—after the interview, they came down, and Mr. Walmsley told me, in the prisoner's presence, that he said he had had it from a young man in his employment—the prisoner made no reply to that, but that he bought it of a man who came from Coventry, but he did not know his name or address.

Cross-examined. Q. When he said he had bought it from a young man in hut employment, was that Mr. Walmsley's employment? A. Yes—the prisoner did not deny that at all—he did not afterwards say that he had not made such a statement—I did not hear what the name of that young man was.

MR. DOYLE to JAMES WALMSLEY. Q. Can you fix any time at which you missed any silk? A. I cannot, but this particular colour, with the bad dye, only came into the warehouse in January—I took stock fifteen months previously, and have taken stock since—I cannot say what the deficiency is; two pounds might be taken out of 150lbs., and I should not miss it—I have missed a quantity at different times.

(The prisoner received a good character.)

GUILTY .—Strongly recommended to mercy by the Jury.— Confined Twelve Months.

5th April 1858
Reference Numbert18580405-432
VerdictsGuilty > pleaded guilty; Guilty > unknown
SentencesImprisonment; Imprisonment

Related Material

432. GEORGE CANE (15) and RICHARD WHEELER (15) , Stealing 20 yards of canvas, value 1l., the goods of Robert Gibson and another; and THOMAS BRIAN (41), Feloniously receiving the same; to which

CANE and WHEELER PLEADED GUILTY , and their friends undertook to take charge of them.— Confined Five Days each.

MR. COOPER conducted the Prosecution.

DANIEL WORBEY . I am 14 years old, and am in the employ of Mr. Davies, a carrier, of Knightrider Street, Doctors' Commons—he carts goods for Mr. Gibson occasionally—on 12th March, I was watching a horse and cart at Mr. Gibson's warehouse—at that time Cane was bringing things down stairs into his cart—I saw him bring down some canvas wrappering and cloths, and put them into his cart—I afterwards went into Cheapside, and got some more goods; I saw six or seven bundles in the cart—Cane covered them up with straw, and we drove to Edgeware Road, and afterwards to Whitecross Street, when Cane took the wrappers out of the cart, and took them to a rag shop kept by Brian; he came out empty handed—he gave me a bit of canvas to make an apron of.

THOMAS GIBSON . I am a warehouseman, of No. 29 A. Broad Street. Wrappering comes to my warehouse from the country, which it is customary to send back, after the goods are taken out—on 12th March, I had some wrappering stitched up, and directed to different people; it laid next the door—no one had a right to take it—this is it (produced); I lost nine bundles at that time.

Cross-examined by MR. SLEIGH. Q. Do not some houses sell them? A. They may use them, but we make a practice of sending them back, as they are charged to us.

SAMUEL EVANS (City policeman, 459). On Saturday morning, from information I received, I went in plain clothes to Brian's shop, and asked him if he had bought any canvas wrappering on the Friday, holding out this bit (produced)—he said, "I have only bought three or four small pieces"—I said, "I am not inquiring about small pieces, but eight bundles, which have all their names and addresses on them, as on this paper, and they are to be sent back to the parties in the country"—he said, "No; I have only bought three or four small pieces, and they are not marked in any way."

Cross-examined. Q. What time was this? A. Between 11 and 12 o'clock in the morning—Legg had not been there, I did not communicate with him—I am not on that district, but was making inquiries at the different marine store dealers—I did not take away any of the wrappers—Idid not ask him to find any which he had bought—I found similar wrappers at several other marine store dealers—I was not in uniform—I did not tell him that I was a police officer—I did not mention Mr. Gibson's name—I continually walk in, in that way, and ask questions of marine store dealers.

GEORGE LEGG (City policeman, 440). On Saturday, 12th March, about 2 o'clock, I was sent for to Mr. Gibson's—after that, between 3 and 4 o'clock, I went to Brian's shop, told him I was a detective officer of the City police, and wished to know what wrappering he had bought on the Friday; he threw down four small pieces, and said that that was all he had bought—Isaid, "That is not it; have you bought any more?" he said, "No; that is all I have purchased"—he then went behind a curtain and brought out another piece, a new piece—I asked him "If that was all he had bought,"he said, "Yes"—his wife was standing there, and from her manner, I went behind the curtain myself, and saw several piles of wrappering—I asked him when he bought those; he said, "Within" or "during the last twelve months"—I took it down, and at the bottom of the first pile, I found two

pieces marked, which I showed to Mr. Gibson, who identified it, and the other pieces also—I then took him in custody.

Cross-examined. Q. When you picked out the other piece, did not he repeat that those he had first shown you, were all he had bought on Friday last? A. Not after I picked them out; he said so before—I produce nine pieces more.

THOMAS GIBSON re-examined. I have looked at all this wrappering; here is my mark on them.

MR. SLEIGH. Q. Do they bear any name? A. Yes; one has my name; the others hare the names of the manufacturers in the country—this is not the name which is on them when they arrive; it is a re-direction in my writing.

MR. COOPER. Q. Is this one of your cards on this wrapper? A. Yes; on which is written by me the name to whom it was to be sent—they were safe on Friday, 11th March, and I missed them on Saturday when I came to the warehouse.

BRIAN— GUILTY .—He received a good character.— Confined Twelve Months.

5th April 1858
Reference Numbert18580405-433
VerdictGuilty > unknown
SentenceImprisonment > penal servitude

Related Material

433. THOMAS REID, Stealing 1 bed, value 4l.; the goods of Elizabeth Callaghan.

MR. COOPER conducted the Prosecution.

ELLEN REGUS . I am single, and live at No. 21, Great New Street. This bed belongs to my aunt, Elizabeth Callaghan, of No. 21, Great New Street. On 20th March, a little after 7 o'clock, I was called up stairs from the kitchen and told something; I searched, and missed a feather bed, and a great quantity of other things.

Cross-examined by MR. DOYLE. Q. What else was taken? A. Three shawls, five dresses, a child's cape, a frock, and several other things; they would make a bundle nearly as large as the bed.

ELIZA MORISAY . I am the wife of James Morisay, of No. 20, Great New Street. I saw the prisoner leaving the house with a bed—he wore a shiny cap.

Cross-examined by MR. DOYLE. Q. How do you know him? A. I stood on the stairs and looked at him for some minutes—I was first behind him, and then before him—I saw him come out of Mrs. Callaghan's bed room, which is the back parlour, and I was on the stairs coming down from the first floor—he had not the bed on his back when I first saw him; he threw it on his back while I was looking at him—I did not stop him, because I did not want to come in contact with him, but as soon as he got out I gave an alarm—I am confident he is the man—the staircase is lighted with gas from the street; there is a lamp at the public house next door, it shows a light against the wall.

JAMES HANN (City policeman, 360). I saw the prisoner with a bed on his back, about 200 or 300 yards from Mrs. Callaghan's; I asked him where he was going to take it, he said, "To Holborn"—I asked him where, he said, "To the bottom of Holborn Hill"—I asked him where he bought it, he said he thought the name of the street was New Street; I asked him the number, he said, "I met a man in the street, who asked me to carry it to the bottom of Holborn Hill"—I asked him if he knew the man, he said, "No"—Itold him that would not do for me, and took him to the station.

Cross-examined. Q. Were you at the station when Mrs. Morisay came? A. Yes; the prisoner was standing in the dock, and I was searching him.

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

THOMAS GOODMAN , (City policeman, 345). I produce a certificate—(Read: "Guildhall Sessions: Thomas Redding, Convicted on his own confession,

Aug., 1856, of stealing a watch and chain from the person; Confined six months"—"Middlesex Sessions; Thomas Redding, Convicted, Feb., 1855, of stealing a counterpane, and other articles; Confined nine months")—he is the person to whom the first certificate refers.

GEORGE DAVIS (Policeman). I have heard the second certificate road; the prisoner is the person who is there described.

GUILTY.**— Four Years Penal Servitude.

NEW COURT.—Saturday, April 10th, 1858.


GRAHAM MOON , Bart., Ald.

Before Mr. Justice Byles and the Fifth Jury.

5th April 1858
Reference Numbert18580405-434
VerdictsGuilty > pleaded guilty; Guilty > unknown; Not Guilty > unknown; Guilty > unknown
SentencesImprisonment > penal servitude; Imprisonment > penal servitude

Related Material

434. ELIZA JONES (23) and CHARLES BENNETT (31) , Stealing 3 watches, 4 brooches, 20 spoons, and other articles, value 80l. the goods of Henry Carless; and RICHARD TUTT (32) and WILLIAM JONES (44) , Receiving the same: to which

ELIZA JONES PLEADED GUILTY .— Three Years Penal Servitude.

MR. RIBTON conducted the Proscution.

HENRY CARLESS . I live at No. 36, Great Button Street, Clerkenwell, and am a gilder and silver plater—the prisoner Eliza Jones came into my service on 17th Dec., under the name of Jane Horne—I received a character with her, from Mrs. Hood, No. 2, Aske Terrace, Hoxton—she remained till the middle of the day on 23d Dec.—I was at home, but not in the house; I was in the workshop—I imagine she left between 12 and 1 o'clock; I did not see her leave—shortly after she left, I missed a gold watch, which, had been standing in a case in my bedroom—we then looked further, and missed another gold watch, a silver watch, a diamond and ruby bracelet, a diamond and ruby ring, three signet rings, a mourning ring, four brooches, nineteen or twenty tea spoons; table spoons, and salt spoons, five plated spoons, plated sugar tongs, two neck ties, a waistcoat, several shirts, and some articles of table linen, worth between 90l. and 100l.—she had not given as the slightest notice of her intention to leave—I gave information to the police, and en 9th Feb., I went to the Red Cow, Charterhouse Lane—I there saw the prisoner Tutt; I said I had information that he had purchased a watch that had been stolen from me, that the maker's name was Purvis, North Andley Street, Grosvenor Square—he said, "I have, but I have not got it now"—I said, "What did you do with it?"—he said, "I sold it to Jones, a man in Wilderness Row"—I asked him to take me and show me the man he sold it to, he said he would, and he walked some distance on the road, and then he said, "It is too late; we shan't find the man; he has most likely left"—I told him I should not leave him till I had the watch produced—he still refused, and I gave him into custody—that watch has not been found.

JOHN DENDY (Police sergeant, V 42). On 6th Feb., I went to No. 8, Mason Street, Cornwall Road, Lambeth—there were two constables with me—Ithere saw Bennett and Eliza Jones—I took Bennett into custody; I asked him if his name was Townsend; he said, "No"—I asked him if his name was Bennett; he said, "No"—I told him he was charged with being concerned, with others, in a robbery at Wandsworth, in July last—I repeated the charge, and he then said, "I know all about it, and a fat lot you will get; I could have given you more to have kept it quiet"—I took him in

charge, and another officer took Jones—on 9th Feb., I received Tutt in charge, in St. John Street, Clerkenwell—Mr. Carless gave him in charge—Tuttsaid he had bought the watch, and he did not know of whom—hesaid, "I bought it for 7l. 5s., and sold it for 7l. 10s."—on 13th Feb., I searched Bennett, at Horsemonger Lane, and found on him this shirt, which has been identified by Mr. Carless—this other shirt was given me by a witness, and this other is a pattern shirt.

Bennett. Q. Will you swear this shirt was on my back when you took me into custody? A. I do not say that.

WILLIAM BLACKBURN (Policeman, V 257). On 6th Feb., I went with the last witness to the house in Mason Street; I found Bennett and Eliza Jones there—I remained in possession of the house—I found in the back bedroom these two neck ties, hanging across the bed rail—that was the bedroom occupied by Bennett and Eliza Jones—I did not take these ties into possession then, but I took them on 9th Feb.—I still remained in possession of the house.

Bennett. Q. Did any person come to the lodging while you were there? A. Yes, on the Sunday afternoon.

GEORGE PARKER (Policeman, V 64). I went to the house in Mason Street, on 6th Feb.; Bennett and Eliza Jones were living there—when I first entered, Bennett said, "That woman has got nothing to do with me; she has only come to clean up my room"—he then told her to take two rings off her finger, and give to him, and I took possession of them—these are them—Itook Eliza Jones into custody—I told her she was charged with a robbery at Mr. Wellborne's, Adelaide Villas, Camberwell—Bennett said to her,"You know nothing of that, do you?" she Baid, "No"—he afterwards said to her, "Don't let them screw your guts out."

CHRISTIAN HINVEST . I live at No. 8, Mason Street, Cornwall Road—my husband is a post letter carrier—Bennett came to my house on 4th Jan., he took the two parlours for a man and his wife—I asked him, when he moved in on the evening of the same day, whether his wife had not come—he said she would join him—two or three days after, Eliza Jones came, and they lived together as man and wife—she passed by the name of Mrs. Bennett.

Bennett. Q. Do you recollect any other person coining to the house? A. I saw Oliver come—Eliza Jones was away one week; you told me she had gone to her mother's, I should think about three weeks after you came.

EDWIN OLIVER . I know Bennett—I married his sister—I knew him by the name of James Townsend—that is his right name—he has often changed his name; one day he is Bennett and another something else—I have known Eliza Jones since Nov.—I have known her go by the name of Seymour, and also Jones, and Smith, and by her own name which is Jane Horne—she was living with Bennett; I knew them living together in Rupert Street, Haymarket, up to the 24th or 25th Dec.; they had been living there from the middle of Nov.—I recollect Eliza Jones going into the service of Mr. Carles about a week before Christmas—that was while they were living in Rupert Street—Bennett said he must get her into service, as he had got no money, and he wanted some, and some he must have—he asked her to go to her aunt and beg of her to give her a character, and she said she would—that was Mrs. Hood, of No. 2, Aske Terrace, Hoxton—I recollect Eliza Jones leaving Mr. Carless two days before Christmas—I saw her in the afternoon after she left, between Rupert Street and Waterloo Bridge—Bennett was with me at the time; he was going to meet her—he made an appointment to meet her over Waterloo Bridge, and she was not there, and he came back

towards Rupert Street to meet her—I had seen him before, close behind Eliza Jones, at a little after one o'clock in Sutton Street, Clerkenwell; he was running after her, catching up to her—that was the same day that I saw him in the evening between Waterloo Bridge and Rupert Street—afterwards, on the same day, I saw him again in Rupert Street about three o'clock—that was between the times of my seeing them about 1 o'clock and seeing them again in the evening—he said, the woman was in No. 27 waiting for him—Ihad not seen her—he said, he was going to Gravel Lane, Southwark, and asked me to accompany him—he had a bundle, which, he said, contained plate from Mr. Curless'—he showed me two or three rings, and two gold watches—Iwent with him to No. 3, Gravel Lane, Southwark, that was the shop of William Jones, a watchmaker; I saw Bennett go in there—I did not go in—heremained in there over an hour, and he came out and joined me again—hesaid he had left all there but the two watches, which he could not get his price for—when he went into the shop, I saw William Jones between the shop and the parlour door—I went there again two or three days afterwards—Bennettshowed me a gold watch, he said he was going to exchange it for a silver one and some money beside—it was one of the watches he had shown me on the first occasion, and I had seen Eliza Jones wearing it the day before at No. 8, John Street, Waterloo Road—they took furnished lodgings there on the same night that she came away from Mr. Curless'—I am sure I saw her wearing it the day before—on this second occasion, Bennett went into William Jones' shop; he was in about half an hour; he came out and said he had got a silver watch and a sovereign or two besides—some time after, I went to No. 36, Saffron Hill—the prisoner Tutt lives there—on the road, Bennett showed me a large gold watch—he went into Tutt's and remained half an hour or three quarters—he then said, in Tutt's presence, that he had sold the watch to Tutt—I said "I don't believe it," or something of that kind, and Tutt said, "All right, I have got it."

Bennett. Q. What are you? A. I was an ordinary seaman, I am doing nothing now—I was jobbing asa porter—Eliza Jones never stayed with me in Little Windmill Street; she called there—she stayed one night—I know the day she went to Mr. Carless'; I thought she went there to reclaim her character again—I know she left two days before Christmas, I saw you the same day—Idid not give information then, I waited a little longer; I had not sufficient information to give.

Cross-examined by MR. PEARCE. Q. How many times did you go to Tutt's shop? A. About two or three times with Bennett—I went into the shop once when Bennett left the gold watch; that was the last time of my going; it might be the second or third time—once when Bennett went into the shop I stood outside, and he called me, and said, "You may as well sit here, it is cold outside"—I did not buy anything in Tutt's shop, Bennett bought a child's cap—I was there when he bought it, that was the time before he sold the gold watch—whether it was the second or third time I cannot tell—Bennett looked at two or three coats, and asked the price of one—I never saw one taken down for him to try on—he went into the parlour on the day he left the gold watch, and I remained in the shop—the first time I saw Bennett on that day was at his own place, No. 19, John Street, Waterloo Road—thatwas at the latter end of Dec.—I was then living in Windmill Street—myreason for going to John Street that morning was to find out all I could to bring Bennett where he is now, that was the object of what I have been doing ever since Nov. last—when I got to Bennett's home that morning, I went with him to Saffron Hill; he showed me the watch in one of the public houses

we went in—we went into two or three public houses—I do not know the time—I am quite sure it was in one of the public houses I saw it—hesaid he must get rid of it, because he wanted money, and it must go for some price—I never saw the watch after he went into Tutt's shop—I have never seen it since—it appeared to be a gold watch—I have been an ordinary seaman—I have been a porter two or three months since—Bennett did not tell me that Eliza Jones was going to Mr. Carless' house to rob it—Ido not know what Bennett meant when he said he wanted money—I went to Eliza Jones one Sunday evening, to ask her to come out and speak to Bennett, which she did—she was there about a week—I did not stay five minutes—I saw her leave—I was not there to meet her—I had left Bennett a few minutes before she left there, in St. John Street—I saw Eliza Jones; she went in a different direction to me—I saw her between Waterloo Bridge and Rupert Street; Bennett had made an appointment to meet her on the Surrey side of Waterloo bridge at 7 o'clock, and not finding her there, he came back and went towards Rupert Street—I saw her between Waterloo Bridge and Rupert Street—I cannot tell where, for I do not know myself; it was between Waterloo Bridge and one of the turnings in the Strand; they then went over Waterloo Bridge to the Victoria Theatre; I went with them—whenwe met Eliza Jones, she had a bundle with her, containing some of her clothes—she did not carry the bundle to the theatre, she left it at a coffee shop, where she stopped all night, on the night she went to the theatre—I know that, because we went there with her, and left her there—I was just sociable with her, that was all—I do not know her so well; she is not so near a relation to me as he—I did not go to Rupert Street that night, I went a few days afterwards, to look at a bird that he had got—I saw the bundle after she had left the coffee shop the next morning—when they took furnished lodgings in Waterloo Road, she had the bundle with her—I did not see it opened—after leaving the sea, I first lived at No. 3, Earl Street; that is where I lived before I was married to Bennett's sister—when Bennett said to me in Tutt's shop, "I have sold the watch," I said I did not believe it, because I did not know that Tutt was a receiver of stolen property, and I knew that was stolen, according to Bennett's admission—I did not go to a beer shop that evening in which I saw Tutt—I have no watch of my own—Inever had a watch yet.

Cross-examined by MR. SERJEANT PARRY. Q. When was it you left the sea? A. Last March twelve months; I had been to sea between one and two years, in the coasting trade—I have known Bennett since I was married, which was on 9th last Aug.—since last Nov. I have been determined to bring him where he is—I have called on him and drunk with him—I have been in his company a good many times—I had a desire to bring him where he is—when a man would put the whole of his family away, it is time he should be put away—when I had been married but a very short time he tried to put my wife in a position that would have been her ruin—I have been associating with him since Nov., as I wished to know his affairs as well as I could—I have been to the theatre with him; he sometimes paid for me; three times out of five perhaps—I have taken meals with him; I have had about one a day sometimes—I do not know where he got the victuals that I ate; he very likely might have stolen them—I have often drunk at his expense when we went out together—I do not know whether I have had money from him—I would not swear that I have had none, but nothing to speak of; I may have had a shilling from him now and then—not a half crown—heis not the sort to give any one anything—I will swear that I have not

had a half crown from him at any one time—he used to give me 1s., or 1s. 6d., or 6d., and say, "That will do to carry on, Alice, till to-morrow"—hissister did not go about with him—she knew nothing of it—I did not do anything from Nov. till Feb.; my wife used to do a little at shoe binding—I do not know what she used to earn; I did not take any—I contributed very little to her support from Nov. till Feb., except what I have got from my own friends—I have a mother, who, while she has a shilling, will give it to me—she is in the upholsterer's business, and at other times she goes out charing—she gave me 1s. two or three days back—I am not living with her now—she is not the only friend I have—I have a brother, who is in the Wood Preserving Works at Rotherhithe; he has a wife and family—when I want money I go to him—I was out of work from March till August last, but I had wages which I received from last voyage; it was over 2l., and the rest of the time I lived at home; my mother kept me—she lives in Hall Street—I lived with her there all the time—she has only one room—I slept in the same room from March till 9th Aug., when I was married—I did not get any work; I was about work, and got it the same week that I was married—but for Bennett I should have been in work now—I was never inside William Jones' shop; the nearest I went was to put my foot on the door step; I drank a glass of spirits, and was off again—the only time I ever saw Henry Chandler was on the day that William Jones was taken to Clapham Station in custody—I did not, in the middle of January, go into William Jones' shop, with a watch or watches, brooches, a chain, and a ring—Inever had such a thing as a watch in my possession—I did not go with any of those things; I did not go with anything at all—I did not tell William Jones, in the presence of Chandler, that I had bronght them to pay the balance of a sum upon a gold watch which had been bought by the man Bennett; that he could not pay the money, and he had sent me to leave them instead, and he would come and redeem them—I did not take away a gold watch—I did not say I had come to pay 6l. or 6l. 10s., the balance due on a gold watch that had been bought; that I had not the money, but would leave these as a deposit—no transaction of that kind took place, nothing of the kind.

MR. RIBTON. Q. How long have you known Bennett? A. Since I have been married, in Aug.; he was then in the name of Townsend.

HENRY PROCTER (Police inspector, V). On 11th Feb., I went to No. 3, Gravel Lane, Southwark, where William Jones lives—he keeps a watch maker's shop—I saw him there, and went with him into the back parlour—Itold him I was an inspector of police, and asked him whether, on or about 23d Dec., he had received a quantity of plate and jewellery from a man named Townsend—he said, "No, I did not"—I asked him whether, about 6th Jan., he had purchased a quantity of plate and jewellery of the same person—he said, "No"—I told him I had a warrant to search his house, and I asked him whether the stock he had in his shop was all he had—he said it was; he afterwards said he had some in the safe in the parlour—I desired him to turn the things out of the safe, and amongst them was this watch—Mr. Carless examined the things as William Jones took them out of the safe, and he identified this chain and these two rings—this brooch was found in a drawer in a chest of drawers in the bedroom—this silver watch was taken by Mr. Carless out of the window in the shop and given to me—I then went and searched the rooms up stairs—I found this brooch in a drawer in a chest of drawers—the drawer was locked; William Jones could not find the key, and he broke the drawer open—there were two brooches in that same

rawer and two cases—I asked him how he became possessed of those brooches—he said, "I don't know; I most likely took them in exchange"—hewas taken into custody, and the next day I made a further search; and, in another drawer, in the same chest of drawers, I found this large cameo brooch, this mourning ring, and this watch key.

Cross-examined by MR. SERJEANT PARRY. Q. You found a silver watch in the shop window? A. Yes; a watch and a watch chain in a safe, two brooches in a drawer; a large brooch, a mourning ring, and a key in another drawer, in the same chest of drawers—the last drawer was unlocked—this is the silver watch; this was taken on 12th Feb., the day that William Jones was taken into custody, and on 11th Feb. these other things were found.

HENRY CARLESS re-examined. This gold watch found in the safe belongs to me—it is one of the watches I lost on 23d Dec.—I had seen it in my possession a day or two previous—I know it from it's general appearance—Iidentify this chain as mine, but this key is not—this mourning ring I identify as being mine—this key that is loose is mine, and was attached to the chain when it was in my possession—this silver watch that was in William Jones' window I know from its general appearance to be mine; I know it from the dial having a crack at the "12"—the inside of it has been altered in some considerable degree—I swear it is a watch I lost—I had seen it a few days previous to 23d Dec.—the watches were both out of repair; this gold one and the silver one—these two brooches found in the drawer, and the large cameo brooch, they are all three mine—I saw the brooches safe on the morning of 23d Dec.—they are worth about 11l., the gold watch about 5l., and the silver one about 3l., the gold chain about 3l. this mourning ring about 25s.—thesetwo neck ties I can identify—they were bought together, and laid together, and they were together when I saw them at the house in Mason Street; they had been kept together by me in a drawer with shirts and other articles—this shirt is mine; I identify it by a thread run in it by my laundress—I am not in the habit of using buttons in my shirt; I use studs, and the button holes here have been sewn up, and buttons put on them—these ties were safe the same day.

Cross-examined by MR. SERJEANT PARRY. Q. Do you speak from any particular mark, or from the general appearance of this jewellery? A. From it's general appearance—this watch has a crack on it—this chain I speak to from it's general appearance; it is a common pattern—I am not a maker of chains, I am a finisher of them; they come to me to have their finishing touch—I do not speak to those brooches from any particular mark—I never saw any like them—I have a witness who made them—I do not speak to them from any private marks of mine—this cameo brooch has a defect in the ground work—hereis a line in the setting which may be seen by holding it to the light—thebrooch was taken out of this case, which I have brought with me, to show that it will just fit it.

Cross-examined by MR. PEARCE. Q. When you first saw Tutt, did you say that you wanted him to give evidence? A. No; I told him he must produce the watch, and then I should want him as a witness.

MR. RIBTON. Q. Did you have one of these brooches made for your wife? A. I had one mounted expressly for my wife, about three or four years ago.

EDWARD CULVER . I am a jeweller, and live in Penton Street. These brooches are my make—this amethyst brooch I made for Mr. Carless—I can speak positively to this; here is a crack under it—I forget what I charged for it, it was about 3l.—this cameo brooch is flawed in the shell—I am able to swear that these two I sold to Mr. Carless.

DAVID JACCARD . I live at No. 26, Perceval Street, Clerkenwell. I repaired this gold watch for Mr. Carless—it has my private mark on it—I made an entry in my book at the time, and my book is here—I am able to swear positively it is the one I repaired for him.

Bennett. Oliver had the things from the female, and he brought the shirt and neck ties, and asked her to wash them—I know no more about it than that you have heard what he said, that he has tried to put me away, and he has done all he can to do it.

HENRY CARLESS re-examined. The other gold watch was a very large one, about the size of this silver watch—that was the watch that was lost from the bedroom—I mentioned to Tutt the name of the maker of the watch, and the address; it was Purvis, North Andley Street, Grosvenor Square—I said, "I have received information that you have bought a gold watch;" he said he had, but he had not got it now, he had sold it to Jones' man, in Wilderness Row.

Witnesses for the Defence of Jones.

ALEXANDER NICHOLLS . I am a jobbing watch maker, and live in Barron's Place, Waterloo Road. I have been in the trade about fifteen years, but have not perpetually followed it—I have known William Jones seven or eight years; he carries on business as a watch maker and jeweller, No. 3, Gravel Lane, Southwark—I have been in the habit of attending sales by auction for sevaral years—the custom is, when we buy articles we dispose of them by commission, by getting a shilling or two on them—I know the auction rooms of Debenham and Storr, and have been in the habit of attending them—there is a large quantity of watches and jewellery sold there—I have known William Jones dealing there in all sorts of jewellery—after the dealers have left the auction rooms, I have known instances where the prisoner has bought goods at public houses and other places—I saw him in the act of buying two gold watches in a public house—I have seen him engaged in the same way in other instances—I saw him engaged with Johnson, in Gracechurch Street, but that was some time back—I have known many persons who have purchased at Debenham's, and have seen the prisoner many years—I really believe I have known him eight or nine years, but I have not become acquainted with him till between two and three years—after the sales, dealers deal privately among themselves; I have done so myself—I have always seen William Jones associating with respectable men—he has borne a good character with every one that I know.

Cross-examined by MR. RIBTON. Q. They are unredeemed pledges that are sold at Debenham's? A. They are understood so, but other goods are sold there—anybody can send their goods for sale—after I have purchased goods there, if I cannot sell them, I can send them back, and have them re-sold—they ask me no questions.

JOHN HENRY CHANDLER . I live at No. 5, Gravel Lane, Southwark, and am a ginger beer manufacturer. I live two doors from William Jones—I have lived there sixteen years next August; he has lived tfiere about ten years, and nearly opposite my door for about six years previously—I have been friendly with him, and been frequently in his house night and day—oneevening, about the middle of Jan., I was in his shop, and I saw Oliver in the shop, William Jones was behind the counter—I had occasion to go to borrow his steps to clean my window, and while I was stopping, I saw Oliver come in—he said he came for a watch that was bought in the morning for 12l. 10s., and there was 6l. paid for it, and he had brought some jewellery to deposit for the 6l. 10s., which was to be paid the next morning—he produced three brooches and a small chain, what I call a brequet chain; it

was something like this one before me; I should say this was the same chain, and two or three rings—William Jones looked at them, and he said, "I don't know that I shall be doing right, but as you have brought them, and say you came to deposit them for the 6l. 10s., I will take them, if you will take them away in the morning"—I saw no watch—soon after I had cleaned my window, I went to take the steps in, and William Jones was examining the brooches—these brooches before me are like them; this large cameo brooch I noticed particularly—I know William Jones' house has been robbed twice; the last time was about two years ago—I helped him to fix up a bar; we put a double bar on.

Cross-examined. Q. What was the name of the man who had bought the watch in the morning? A. I do not know—I did not hear Oliver tell the name—I was not above two minutes in the place—I heard him say he came from a man who bought a watch for 12l. 10s. in the morning, but did not hear him mention the name—I had seen Oliver before at Chelsea; I had a faint knowledge of him—I do not know what a cameo brooch is; I call this a cameo brooch because it was exhibited to several persons in the neighbourhood in my presence—it was not exhibited in the shop, it was in the case behind the counter—I cannot say that I saw it there, but I saw it taken from the case, this large cameo, and it was exhibited in the bar of a public house—Isaw him take it from the place behind, and he took it away in his pocket—thetime that Oliver came was between 2 and 3 o'clock; it was in the middle of Jan., a time of year that I have nothing to do, and I am continually in at Mr. Jones'—I heard William Jones say, "I don't know that I am doing right, but as you have brought them for the person who paid the 6l., I will take them," and he rolled them up and put them on one side, and Oliver took the watch—I think Oliver was in about an instant before me—I heard him say he came to deposit these things for 6l. 10s.—I was at the police court every day, but I was not examined; I was there eight or nine times—I believe William Jones had an attorney before the Magistrate; Mr. Solomon—Ispoke to him before the Magistrate—I was not there every day, I was missing about two days; I was engaged in the City, in my line of business—Iwas not to know whether Mr. Solomon was attending there every day—Iknow he was engaged in the first commencement for William Jones—I went to one party and to another, and I introduced Mr. Solomon to the case—I was sent by William Jones' wife to Mr. Solomon; I saw him at his own house, that was the night previous to the attendance before the Magistrate—I heard what Oliver said—I was not examined as a witness—I told Mr. Solomon all this about nine weeks ago—I did not hear Oliver give his evidence before the Magistrate; I was outside minding the pony and cart—I believe Oliver was examined the last day—I knew Oliver was going to be examined, because I saw him there continually—I heard he was to be examined—when Oliver came in I believe no one was in the shop, but Mrs. Jones was in the parlour—the Hand and Flower was one place where this brooch was exhibited—therewas the place full—I suppose he brought it to show that he had such a valuable thing in his possession—when he took this jewellery he gave up the watch—I did not see him make an entry in his book, for he can neither read nor write—many times when I have been out with him I have receipted his books for him—he carries on a large business, and buys at Debenham and Storr's, and keeps no books—I am a ginger beer manufacturer, but that is not my only trade—I have various trades; an undertaker for one.

MR. SERJEANT PARRY. Q. You say this brooch was examined in a public house? A. Yes, the next day—that makes me sure that that was one thing

that Oliver brought—I suppose it was about the following day I saw it—a lady offered to buy it—she said, "Mr. Jones, what is the price?"—he said, "I don't know the price, it is not my property, it is not for sale"—the public house was next door to him—the persons who were there were nearly all neighbours—it is a large house for engineers—I was at the police court ready to be called, if they had pleased to call me, but Mr. Dayman fully made up his mind to commit—I have known William Jones sixteen years, he has borne the character of a respectable man; very much so—he has been respected by the neighbours.

(Nine Witnesses gave William Jones a good character)

Bennett called

THOMAS GILL . I am warder at Horsemonger Lane gaol. I know that a shirt was brought in to me by Oliver's wife—there were several shirts passed through my hands—the shirt that was found on Bennett by the officer on the 13th, was brought to him by his sister, who is, I believe, the wife of Oliver—Itook the shirt in; the female brought it on the 9th—I passed it to Bennett, and they wished to have the dirty one returned, which it was when they came on the following day.

Cross-examined by MR. RIBTON. Q. How came that shirt to the prisoner? A. Oliver's wife came and brought the shirt; she came to visit Bennett—I was present; it was in my presence she had some conversation with him—I gave him the shirt—she gave me the shirt clean, she wished to take the dirty shirt away—he desired her to leave it till the next day.



WILLIAM JONES— GUILTY .— Four Years Penal Servitude.

(There were fifteen other charges against William Jones.)

Bennett was also charged with having been before convicted.

WILLIAM MILLERMAN (Policeman, B 95). I produce a certificate of a conviction—(Read: "Central Criminal Court, April, 1849: James Townsend was Convicted of receiving, having been before convicted; Confined one year")—Bennett is the man.

BENNETT—GUILTY. (See next page.)

5th April 1858
Reference Numbert18580405-435
VerdictGuilty > unknown

Related Material

435. RICHARD TUTT was again indicted for feloniously receiving 1 watch, value 50l.; the goods of Andrew Hay.

MR. RIBTON conducted the Prosecution.

ANDREW HAY . I am a merchant, and live at No. 10, Upper Seymour Place. On the day of the departure of the Princess Royal, I was proceeding on foot to the City, on 2d Feb.—I had this watch with me—I missed it about half past 12 o'clock; I had seen it safe certainly within an hour—my chain was entire and hanging down; the chain was not broken—this is the watch; it is a gold hunting watch—my name is on it—it was made for me.

Cross-examined by MR. PEARCE. Q. Is your name on the front? A. Yes, on the dial, on the front when opened—I do not know that I was the first person who was able to open it at the police court—I saw the Magistrate attempt to open it—the name of the maker and the number is inside—it has not been tampered with, except that the handle is gone—I was in Fleet Street, just opposite Temple Bar—I had been in an omnibus just before; when I was in the omnibus I had the watch—I did not know that I had lost it till I got into an office in the City—it was advertised—on that day the snow was falling slightly—I had two coats on; the upper coat was buttoned—Ihad only been three days in London—I generally reside in Calcutta.

WILLIAM BLACKBURN (Policeman, V 257). On 9th Feb., I went to No.36, Saffron Hill; the prisoner lived there—I found this watch wrapped up in a piece of dirty rag in a jar full of barley, in the back parlour—the ring of

the watch is broken off—I showed it to the prisoner at the police station on the following morning, about 4 o'clock; I asked him how he accounted for having it in his possession—he said he kicked his foot against it in Fleet Street, at the time that the Prince and Princess were leaving England.

ANDREW HAY re-examined. This is my watch; there was a ring here.

(The prisoner received a good character.)

GUILTY .— Confined Twelve Months.

THIRD COURT.—Monday, April 12th, 1858.

PRESENT—Mr. Justice BYLES; Mr. Ald. HALE; and Mr. Ald. PHILLIPS;

Before Mr. Justice Byles and the Second Jury.

5th April 1858
Reference Numbert18580405-436
VerdictsGuilty > unknown

Related Material

436. CHARLES BENNETT (see page 569) was indicted for burglariously breaking and entering the dwelling house of William Buller Kitson, and stealing therein 24 forks, 5 ladles, and other goods, value 80l., and feloniously wounding Martha Rolfe, upon her head.

MESSRS. SLEIGH and ORRIDGE conducted the Prosecution.

MARTHA ROLFE . I am now in service at Knight's Hill, Norwood. In July, 1855, I was in the service of Mr. Kitson, in Warwick Street, Pimlico—Ihad been in his service about five years—during that time Caroline Walters had been in his service; she left in 1852—previous to her leaving, the prisoner passed a note down the area to her—I saw him from the kitchen window—I know that Caroline Walters left the service to be married—I saw her one Sunday evening after she left to be married, end on that occasion I saw the prisoner—she called one Sunday evening, and he was outside the door, at the back of the house—I heard him say to her, "Are you not coming"—hedid not address her by any name—my master was in the habit of going out of town each year, and at that he was in the habit of depositing his plate in the wine cellar—it was known to Walters where my master deposited his plate—my master was absent in July, 1855—on Sunday evening, 15th July, that year, I went to bed about 10 o'clock—I had previously fastened all the doors and windows—I was reading after I went to my room—I heard a noise afterwards—I believe it to be between 11 and 12 o'clock—the room in which I slept is on the left side of the area; the cellar where the plate was, is under the foot pavement, opposite my bed room—when I heard the noise I called out three times to my grandfather, who slept on the first floor—he was the only other person in the house—he was an old man, and was very deaf, and has since died—I called "Grandfather!" three times, and then I called three times,"Who is there?" and no one answered—I heard some one strike a match; I believe it was outside the kitchen door, and then go to a cupboard under the kitchen stairs—the candle box was there—the prisoner then rushed into my room and struck me—he had a lighted candle in one hand, and something in the other hand, which I did not see—I was in bed—I could not tell what he struck me with—he struck me more than once; I had five blows—I was deprived of my senses by those blows—I recovered consciousness the next morning, when my grandfather called me at half past 5 o'clock—after the blows I felt a violence on my throat; I thought he was grasping my neck—Iwas all over blood—when my grandfather came to the side of the bed he said, "What is the matter?"—I said some one had been hitting me—he took a rope from my neck—my neck was sore for some days afterwards—I was

taken to St. George's Hospital—I was there three weeks—the prisoner is the man who entered my room that night—I have no doubt whatever about it—Iam not aware that I had left any rope lying about the premises.

Prisoner. Q. How long had you known Caroline Walters? A. About two months—she left in 1852—I saw you before the robbery, and I know you are the man—I saw you one Sunday after Caroline Walters left—she told me she was married to you—I made a statement to the police; they asked me what sort of a man it was—I did not say that you were Caroline Walters' husband—I thought it might be the person I had seen before.

COURT. Q. When did you think that? A. On the morning after the robbery.

Prisoner. Q. If you knew me before, why did you not give information to the police? A. I did not then know your name—the first time I saw you afterwards was at the police court at Wandsworth; you were then in the dock; you were not pointed out—I was in the court before you; I was told you would be brought in; I was not to look round till I was told—I then looked round, and immediately said, "That is the man"—they did not tell me you were in custody; they did not know the man—I knew you when I saw you—I have seen Caroline Walters since the robbery—I saw her the summer before last; she said, "How ill you look"—I said I had been very ill used; I did not tell her it was her husband—I did not know you were in custody till I saw you at Wandsworth—I recognized you as being the man who was in my room—I knew you to be the man that entered my room and struck me—I did not recollect then that you were Caroline Walters' husband—Igave a description of the person; rather tall, pale face, dark hair, and dark whiskers—I said I believed him to be about the height of Mr. Painter, the surgeon—I did not give any age.

MR. ORRIDGE. Q. Did you see him again till he was at the police court? A. No; and directly I saw him I remembered he was the man that came into my room.

COURT. Q. When did you see him at the police court? A. About six weeks ago—this occurred in July, 1855—I had seen the prisoner once, when he passed a note down the area to Caroline Walters; he had his hat on then—Ido not remember whether he had his hat on when he came into the room; I had only a slight view of him when he passed the note down the area—the other occasion was on a Sunday evening, when I saw him at the back of the house in the summer of 1853; that was about twelve months after I had seen him when he passed the note—it was daylight when I saw him on the Sunday evening at the back of the house—I was in the hall; he was as far off as to the end of this court; I did not pay much attention to him then—myview was so superficial, that when he came into my room with the candle I did not recognize him—I gave a description of him as rather tall, pale faced, dark hair, dark whiskers, and about the height of Mr. Painter; and the next time I saw him he was at Wandsworth—I do not think he was in my room five minutes before I lost my senses—I was in bed; he stood by the side of the bed, near the door on my right hand side; he did not speak to me—I am not aware that he moved from that place—after he struck me, he looked in my box—I did not see him; I heard him—he threw the bed clothes over my head—I did not see him afterwards—all the time I had to recognize him was when he came into the room with the candle—I was lying on my left side when he came to the door, and I turned to see him—he had not got quite to the bed when I turned round—all the time I saw him was when he was walking between the door and the bed—I saw the light on his face; I hardly

saw him a minute—I am quite positive he is the same—I do not know whether he had a hat on—I am quite sure he is the man; I cannot be mistaken—Ihad not time to take notice how he was dressed, nor what he had in his hand—I was taken to the police court at Wandsworth, and the officer said to me, "You are not to look till you are told"—I was not told where to look—after he was brought in, the policeman said, "The prisoner is now in the room; look round and see if you can see him"—no one told me where the prisoner would stand—I did not know where to look; I had never been in a police court before—I recognized him directly; the memory of the man that entered my room dwelt on my mind; I shall never forget it; I was afraid to leave the house lest the dreadful vision should be presented to me—Iam positive he is the man—I now live with Mr. Leach, as housemaid—before I went there, I was living at Mr. Kitson's; I was there ten years—I left because I was not competent to do the work; I left of my own accord—Isaw the prisoner on Saturday last, when he was at the bar—I still persist that he is the man.

JURY. Q. Had you a character from Mr. Kitson to your present employer? A. Yes, I had.

MARY SMITH . I am the wife, of John Smith. I formerly lived servant next door to Mr. Kitson, in Warwick Street—I was there in July, 1855—I saw the prisoner and another man loitering about all the Sunday afternoon—Iheard of the robbery on the Monday morning, and it was on the Sunday before that, I saw the prisoner and another man loitering about at the corner of St. George's Row and Warwick Street—I saw them the best part of the afternoon, and I saw them again in the evening; they were in conversation—theother man came over with him—I and my fellow servant were standing in the area, and he came and had some conversation with us—we were talking with him half an hour—I and my fellow servant then went in, but before we went in, he took a match and lighted his cigar—that threw a light on his face—he began talking to us about half past 8 o'clock, and continued talking till about 9—I afterwards went to let my fellow servant out, and the prisoner made his way over the road, as if he were coming to the door—I did not like the look of him, and I shut the door—about a quarter or twenty minutes after 12 o'clock, I went to the parlour window looking into Warwick Street, and saw the prisoner standing with his arms over the area railings at Mr. Kitson's—the other man was on the other side of the way—I then went to bed.

COURT. Q. How far were you from him when you saw him at a quarter or 20 minutes after 12 o'clock? A. About three yards; I was looking out of the parlour window on the ground floor; my head was a little above his head, and I was about three yards from him—there was a gas lamp not above two or three yards from him—it might be more, I cannot tell the distance—itwas a fine night, it was moonlight—I had not lost sight of him between the time I was talking to him between 8 and 9 o'clock and this quarter past 12 o'clock—I was sitting up for my master—it was good daylight when I was talking with him—I am sure that the man I saw leaning over the railings was the same man I had seen that evening before—I heard of the robbery the next morning—I said as soon as I went in doors that I saw somebody looking over the rails—I said it to my fellow-servant; the same fellow-servant I had spoken to before—I believe I also told the policeman; that was on the Monday—I am sure I told the policeman—I was taken to Horsemonger Lane, to recognize the prisoner—I saw him with four other prisoners; I picked him out—I am sure he is the man.

Prisoner. Q. Were you in the habit of fastening up your shutters? A. No; I never fastened the shutters, they were left open all night.

ELIZABETH KEEN . I live at No. 5, Kepple Street, Leader Street, Chelses. I was formerly in the same service as the last witness; I was there in July, 1855—I remember Mr. Kitson's house being robbed on a Sunday evening in July—I saw the prisoner between 8 and 9 o'clock in the evening, I was with the last witness—I saw the prisoner, and talked with him, I had an opportunity of seeing him distinctly; I stood at the foot of the area steps—Isaw him nearly half an hour—there were two other men with him; at the time I was talking with him the others stood with their back to me, and the prisoner with his face to me—I am sure he is the man.

Prisoner. Q. Did you fasten the shutters? A. The shutters were seldom or never shut—I did not see you after the robbery till I saw you at Wandsworth; no one told me that you were the man.

COURT. Q. How came you to go to Wandsworth? A. The inspector told me to go—the prisoner was in the cell with four or five others; I picked him out—on that Sunday evening, when we were talking, he asked if we would allow him to come in—we were laughing and joking.

WILLIAM BULLER KITSON . I am chief clerk in the Secretary's Office, at the Custom House. I live at No. 114, Warwick Street, Pimlico; I was living there in July, 1855—I think I left my house on the last day of June—Ileft Martha Rolfe and her grandfather in charge of the house—I had had previously in my house Caroline Walters—when I left my house, I left my plate in the wine cellar—After the robbery I was sent for from the country; I returned on the Tuesday after Sunday the 15th, I found the house in great disorder; the police had charge of it—the cellar door was broken open, and the box in which the plate had been deposited was broken; a few plated articles were left, but all the silver had been takes away—my house is in the parish of St. George's, Hanover Square.

Prisoner. Q. When you came to town, where did you find your servant? A. In the hospital—I saw her on the Wednesday; she did not tell me who the man was, she was not able in that state, she was helpless—she afterwards told me she was sure she should know the man if she saw him; she was positive of it; she was afraid to leave the house for fear she should meet him.

MR. ORRIDGE. Q. When she was with you, was she a steady, well-conducted girl? A. Yes, particularly so.

RICHARD BUDD PAINTER . I am a surgeon. In 1855 I was in Warwick Street—I was called into Mr. Kitson's house on the morning of 16th July; I saw the witness Rolfe; she was lying in bed, just recovering from the collapse attending on the severe injuries she had received—she had five or six severe contused wounds on the head, penetrating to the bone—the wounds were from half an inch to two inches in length, and the bone was exposed in several places—her arms were frightfully bruised, from her endeavour to save herself as she told me, from putting up her arms to defend her head—thearms were swelled immensely, from the result of those blows—the little finger of the right hand was broken, and the thumb of the same hand was injured—she has never recovered the full power of grasping with that hand—myattention was called to her throat, on account of the story of a rope being tied round it, but there was no particular mark on it—she was removed to St. George's Hospital—I did not attend her there, but I saw her several times—herlife was in extreme danger, and, as she was quite sensible, I felt it my duty to put questions to her as to the person.

COURT. Q. You say there were five or six severe contused wounds on the

head, exposing the bone? A. Yes—they were not such wounds as could be made by the hand or the fist; they must have been made by some heavy instrument, and a blunt instrument—they were not cut wounds—I found a poker—I saw her at 6 o'clock in the morning; she had never got up—I looked in the bed, and there lay the poker—in my judgment those wounds might have been caused by such an instrument, decidedly—the poker was bent in two or three different places, and it had blood on it which had been partially wiped—thewounds were such as might have been inflicted by a poker.

WILLIAM BUCKNELL . I live at Southampton, and am in the employ of the London and South Western Railway; I was formerly in the police. On 16th July, 1855, I was on duty in Warwick Street—my attention was called to No. 114—I was called by an elderly person named Martin—I went into the house a few minutes before 6 o'clock in the morning—I went down the kitchen stairs; I found the place very disordered—on going to the right hand kitchen, I found Martha Rolfe lying on the bed, weltering in her blood—Ifound the house all broken—they had got in by forcing the window up—thefastening on the top of it was broken—I saw this poker found by the last witness.

WILLIAM LOVELACE (Police sergeant, B 22). On the morning of 16th July, 1855, I went to Mr. Kitson's house—I produce this poker, which was found there, and also this piece of rope—I found this screw driver lying close by the wine cellar door—the rope was on the bed; it was not attached to the person of the servant—she gave me a description of the person.

JOSEPH RUSSELL (Police sergeant, V 19). I had the prisoner in custody, and on 5th March I conveyed him from Horsemonger Lane to Wandsworth police court—he said to me, on the following day, "They have charged me with that burglary that I was speaking to you about yesterday; the girl swears it was me that hit her with the poker; so help me God, it was not me; it was the man that is now doing six years"—he said, "Fells knows all about this job; we were in Fells' house all the Sunday afternoon, looking out from the up stairs window; it was to have been done while they were gone to Church, but, somehow, they did not go, and so we did it at night"—I am sure that was what he said—I pat it down, and have the memorandum, and he said, "We took the swag to the old house"—he said, "There is a woman doing eighteen months at Wandsworth House of Correction that knows all about our being at Fells' House."

COURT. Q. Who is Fells? A. A sergeant of police, and he lived at that time, as I understood from the prisoner, nearly opposite to the house of the prosecutor—Fells was in the police force—I believe he was not a sergeant at that time.

HENRY FELLS (Police sergeant). In July, 1855, I was not living nearly opposite No. 114, Warwick Street; I lived in that neighbourhood—the prisoner was not in my house on the Sunday afternoon before the robbery—I was living in the house, but I was not at home; I was down at Scotland Yard—mywife was very ill, and two nurses were in the house—there were no plants taken to my house.

The prisoner's statement before the Magistrate was here read as follows:—"Myself and another man, by the name of George Lewis, went to a house in St. George's Road, Pimlico, to a policeman by the name of Fells; we went with the intention of robbing a house, No. 114, Warwick Street, St. George's Road; the time we went was on a Sunday, I believe, at about 1 o'clock; Mr. Fells was then minding an empty house; we told him we had come to do the job in Warwick Street; he said we could go up stairs, and no one would see

us hanging about, and we then could see the house we intended to rob; we watched the house all Sunday afternoon, till about 11 o'clock on Sunday night; we then left Fells' house, and went towards No. 114, Warwick Street; George Lewis then got over the railings, the one nearest the corner house; he then forced the window up, and got in; he had been in about five minutes when I heard the female scream; I then came back to Fells' house, and told him that George Lewis had got in, and I thought he was knocking the girl about, as I heard a scream; Fells then said, 'D—his eyes, he will not hurt the girl;' I said, "I don't know; he will not come out without the plate;' Fells then said he thought he should go to bed, and he said, 'If you get it, bring it down the area steps, and put it under there, and it will be all right, for no one will look there; you can then place a stone between the railings, near the gate; I shall know it is all right, and you can fetch it away in the morning;' when I came the next morning, Fells told me what there was; I looked, and said the dish covers were not right; I fetched it away in a bag, and I met George Lewis; we then went home to my place with it; Anna Gould was at home when we got there; myself, George Lewis, and Anna Gould looked to see if it was all right; I then told Anna Gould that George Lewis went in, and I thought he had killed the girl; Anna Gould then asked George what he had done to her; he then said he thought she would want a wooden box; Anna Gould then said, "Good God! you have never killed poor Martha; I am sorry I ever let you know anything about it;" we then took the plate away, and disposed of it; we took it to a shop just over Westminster Bridge, to a man of the name of By worth; we then went to see Fells; we met him by Grosvenor Place, near Belgrave Square; the place where we met Fells was at a corner of the Mews, leading to Tuldman's yard; we then gave him some money; we then went and had something to drink, and then left; the rope that was found on the girl's neck was Fells' rope;" "There is a policeman by the name of Fells, who conspired with me in getting Juliet Atkins' money; I, Charles Bennett, married the said Juliet Atkins, in the name of Charles Lewis; the said Mr. Fells supplied me with money to go on with; he was also answerable for a suit of clothes for the purpose, for me to go to church with the said Juliet Atkins, knowing at the same time that I was a married man; he came to see me, in presence of the said Juliet Atkins, in the name of Mr. Gregory, and said that he held a certain sum of money belonging to me, and he could not pay me back till a certain time; the time he proposed was till after the time that the said Juliet Atkins should have drawn her money from the Bank; when the money was got, he received apart of it."

GUILTY .— Death Recorded.

Before Mr. Recorder.

5th April 1858
Reference Numbert18580405-437
VerdictNot Guilty > unknown

Related Material

437. WILLIAM WANBY KING was indicted for wilful and corrupt perjury.

MR. PEARCE conducted the Prosecution.

THOMAS WYNNE WALTER JONES . I produce a pocket book, a bill of exchange, and other papers, and the record of the trial—it has the seal of the Court—here is the County Court summons for the borough of Southwark, returned 15th April, 1857, between William King and Charles Murgatroyd, for 10l. 11s. 8d., and also a bill of exchange, and a receipt of a bill of exchange for 25l., signed by the prisoner—the bill was due on 19th June, on Mr. Primrose as security for the amount named in the summons, and cash advanced this day; the balance of 10l. to be paid over when the bill is paid—thebill of exchange is dated 16th March, 1857, for 25l. at three months, drawn by Charles Murgatroyd, accepted by John Primrose, and endorsed by

Charles Murgatroyd and William Wanby King—this is the bill on which the action was brought.

HENRY WILLIAM FRYLING . I am clerk to the Lord Chief Justice of the Court of Common Pleas. I remember on 20th Feb., in the Court in Guildhall, the case of Ingham and Primrose being tried—the prisoner was examined as a witness on the part of the plaintiff; I administered the oath to him—at the time of his examination, he had this bill in his hand—I heard the question asked of him as to the state of the bill when he first received it—hesaid it was perfect; to the best of my recollection he said he received it at the Surrey County Court, in satisfaction for a debt of 10l. odd—I heard him asked where he had kept the bill—he said in one of the middle pockets of a pocket book, which he produced from his pocket at the time—as far as I can recollect, this is the pocket book he produced—I heard him asked to explain how the bill had become pasted together, and he said, just before he presented it, he found it was worn into two pieces, and he took it into his office and pasted it, or joined it together; that he received it just before it became due, and I think he said something about going to Liverpool, and wanting some money—I have here the notes of the Lord Chief Justice.

Cross-examined by MR. GIFFARD. Q. Was not the answer he give, "I believe it was in a perfect state"? A. I think the question was asked whether the bill was torn or in two pieces, and the effect of the answer was that it was whole—I believe he did not use the words, "I believe it was a perfect bill"—I am almost sure he did not—I had no particular reason for noticing it—Mr. Murgatroyd was examined, and Mr. Williams and the defendant; I have no recollection that any more were examined.

CHARLES MURGATROYD . I am the drawer of this bill—it has been in two pieces—I delivered this bill to the defendant—this is the County Court summons—Idelivered this identical bill to the defendant—I had put this piece of gum paper on it at Mr. Davis', in Milk Street; I asked Mr. Edwards for a bit of gum paper—after it had been gummed together, I produced it to Mr. Smith, to Mr. Shepherd, and to Henry Wigg—that was before I delivered it to the defendant—the original object of its being drawn was to get it discounted—itwas in my possession for that purpose—Mr. Primrose accepted it for that purpose on the day it bears date, 16th March, 1857—I afterwards returned this bill to Mr. Primrose, at the latter end of March, or the fore end of April—he asked me if I had got it in my pocket—I gave it him, and as soon as I gave it him he tore it in half—that was in Lawrence Lane—one part fell on the ground; I picked it up and put it into my pocket—I said, "That won't do for me."

Q. Between the time of the bill being torn and you delivering it to King, had you any communication with Primrose on the subject of re-issuing it? A. Yes, I think I had, before I gave it to King—when I took up the bit, and had the two pieces, I said to Primrose that I would not deliver it up till he brought the other back—he had a cross bill—I do not believe he was any party to my giving the bill to King at the Southwark County Court—I am quite sure that when I gave this bill to King, it was in its present state, except this small tear—it was pasted together—I believe this is the paper that was delivered to me by Mr. Davis' clerk.

Cross-examined. Q. When was it that you met Primrose, and he tore this bill? A. I cannot tell exactly—I cannot tell how long I had had it in my possession when I shewed it to Primrose—I had tried to get it discounted by several persons—I think Mr. Hill, the solicitor, had it—he lives in Aldersgate Street—he kept it a day or two, and then returned it to me—I did not

let it go out of my hands to any other person—I asked Mr. Smith, a builder—Iasked Mr. Wigg, and he said it would not do, being defaced.

Q. But what attempt had you made to discount it before it was torn? A. It was filled up in Mr. Hill's office—I never tried any one but Mr. Hill, to get it discounted, before it was destroyed—I believe Primrose was present—Iasked Mr. Hill, then and there, to discount it; and he said he would keep it a day or two, and see what he could do—he gave it me back—Primrosewas not present when he gave it me back—I think I did not try to discount it, except with Hill, till it was destroyed—I think not—I cannot bring it to my memory—I cannot tell how long after Hill refused to discount it I saw Primrose—I and he were trying to raise money—I cannot tell how soon afterwards I told him of this—I was staying in Blossoms Inn; and he came and called me out—I believe I had told him before that, that I could not get the discount—the bill was torn at the bottom of Blossoms Inn Yard, in Lawrence Lane—he tore it in two pieces; first one fell on the ground, and then the other—I took the two pieces and put them into my pocket.

Q. Did you say "This is an unsafe place for two pieces of paper to be left; I will take care that they shall not come to any harm?" or did you say "I shall not give these up till you return the other bill?" A. I might say both—Itold him I would not allow that until I had the other back—I cannot recollect whether I said a word of that when I was examined in the Court of Common Pleas—Primrose and I went up to put in a plea, in tie action by Ingham against John Primrose—I came to prove that the bill was torn—I believe I was the only witness examined for Primrose; I believe I said, when I was examined as a witness, "I picked up the pieces and put them into my pocket, saying, it was better not to leave such things in the street"—I told Primrose I would not allow the bill to be torn—I do not remember that I said in the Court of Common Pleas that I would not—I spoke to Primrose about re-issuing the bill, before I gave it to King—I saw Primrose a few days afterwards—I did not see King in the counting house; I saw him, and gave him the bill—I cannot tell how long before that I had seen Primrose; I saw him on 2d April, and gave him a 15l. bill—that was after this bill was torn by Primrose, and before I gave it to King—I am sure I cannot tell whether anything passed between me and Primrose on 2d April—I told him what I had done by paying it to King.

Q. You told me this moment that it was before you paid it to King? A. I cannot recollect what I did say—Primrose lives at No. 8, St. Martin's Lane—King served me with a writ in Sept.—I and Primrose applied to a Judge for leave to defend the action—I was served with a writ, and Mr. Primrosesaid he was—he and I went together to the Judges' Chambers for the purposeof being allowed to defend the action; he and I both made an affidavit—the action was tried in February, at Guflhall—from the time that I and Primrose made the affidavit, till the action, I do not recollect that I told Mr. King one syllable about tearing the bill—I gave instructions to the attorney what to put in the affidavit—I think I told him to say in the affidavit about tearing the bill; I will not be positive—I told him to put in the defence the 15l.—I will not be positive whether I told him to say one syllable about tearing the bill—I cannot say whether I said that I bad pasted this bill together without the knowledge or authority of Primrose, and issued it again without his knowledge—I cannot say whether I swore I had committed a frand—I do not think I had any additional piece of gum to use besides what was on the gum paper—the bill was folded in a square, I think, as it is now, except this little tear.

MR. PEARCE. Q. Were you summoned by Mr. King on a bill? A. Yes; for 10l. 1s.—I delivered this bill for 25l. to King as it now is, pasted together, in Blossoms Inn, and took this receipt—there were two actions, one against me, and one against Primrose—I believe I made my affidavit before he made his—I put this gum paper to the bill in Mr. Davis' warehouse—his man, William Edwards, was there.

WILLIAM EDWARDS . I am porter to Messrs. Davis and Co., of Milk Street. I remember Mr. Murgatroyd coming and asking me for some gum paper—I asked my young master, Mr. John Thomas Davis, for it, and he gave me the paper—I gave it to Mr. Murgatroyd; and he gummed a bill which was torn in two—that was done on a Times newspaper, in the front warehouse—I did not particularly notice the bill—I saw it was a bill—I believe I had seen it before that day—I saw a bill on the desk in the counting house—it was a bill accepted by Primrose—I saw enough of the bill that was gummed together to know the amount of it; it was 25l.

JOHN THOMAS DAVIS . I live in Milk Street. The last witness is a porter in my employ—I remember his asking me, about twelve months ago, for some gum paper to paste a bill—I gave him the gum paper.

COURT to CHARLES MURGATROYD. Q. You say that before you gave the bill to the prisoner, you had some communication with Primrose about reissuing it? A. I believe we had some communication; I cannot remember the words—I believe it was in consequence of that communication I gave the bill to King—I cannot remember what passed in my communication with Primrose—I believe we had a conversation about re-issuing it before I gave it to King—I do not remember what was said.

ISAAC SMITH . I am a builder, at Kennington. I remember a bill, which I believe was this bill, having been shown to me by Murgatroyd, for the purpose of getting it discounted—my attention was drawn to it on account of its being torn and pasted together.

Cross-examined. Q. Can you tell me what date that was? A. No; it was about twelve months ago; the latter end of March or thereabout—the amount was 25l.; it was accepted by Primrose—I did not write on it at all; I said, "It is a queer thing."

JOHN SHEPPARD . I reside in Cross Keys Square, Little Britain. I know Mr. Murgatroyd; he applied to me to discount a bill—I think I should know it again—this is very much like it—this is torn in half, and the bill that was shown to me was torn in half; it was gummed together, and I objected to it in consequence of its being in that state—to the best of my belief this is the same bill—the amount was 25l.—I objected to take it, on account of this being placed at the back—I was certain I could not get it discounted.

Cross-examined. Q. When was it he brought it to you? A. At the latter end of March, 1857—it was not the beginning of April; it was in March—I am quite certain it was before 2d April.

MR. PEARCE. Q. Why are you certain? A. I see the date on this bill, but if I had not seen the bill I should have said it was about 21st or 22d March.

HENRY WIGG . I live at No. 22, Cannon Street, and am a Manchester warehouseman. I know Charles Murgatroyd—I had a conversation with him about discounting a bill; it was about the last week in March or beginning of April—he offered me two bills to discount for him, and on examining them I declined to do it; but I referred him to a gentleman who had discounted bills for me, Mr. Weston, in Lombard Street—the amount of one

was 25l.; I considered it was defaced, and I refused it, as I did not think any respectable bill broker would take it—I think I should know the bill again—thisis the same bill, to the best of my belief—this bill and a bill for 150l. were the only two bills he ever handed to me.

HENRY SMITH . I know John Primrose; I served on him a copy of this subpoena on 15th March.

John Primrose was called, and did not answer.

(The prisoner received an excellent character.)


THIRD COURT.—Saturday, April 8th, 1858.


Before Mr. Common Serjeant and the Seventh Jury.

5th April 1858
Reference Numbert18580405-438
VerdictNot Guilty > unknown

Related Material

438. CHARLES HOLDER (23) , Stealing on 15th Oct., 1855, I watch, value 15l., the goods of George Attenborongh, in his dwelling house.

MR. MEW conducted the Prosecution.

GEORGE ATTENBOROUGH . I am a pawnbroker, of No. 204, Fleet Street. The prisoner was my shopman from May to Oct., 1855—I had four shopmen at that time, including the prisoner—about Christmas, 1855, and alter the prisoner had left, I missed this watch (produced)—it is worth 17l., it cost 25l. or 26l.—I next saw it about Feb., this year, in the hands of an officer who had another case in hand.

Cross-examined by MR. SLEIGH. Q. Had you known him before he went into your service? A. No; I received a character with him from the person with whom he had been employed, which was quite sufficient for me to engage him, and when he left, his character did not suffer in my hands—heconducted himself in a straightforward and exemplary manner—he is a young man of intelligence, and I had no reason to doubt his honesty when he left—heleft me for the ostensible purpose of going to New York—he was absent one year from England, and returned at the latter end of last year—he did not call on me on his return—letters were not directed to him at my place after he returned to England—I saw him speaking to an assistant of mine—thewatch was not a pledge; I bought it a long time before the prisoner came into my service—I have not had occasion to discharge any servant who was living with me at the time the prisoner was—I parted with the assistant who succeeded the prisoner in the same department; I have an idea where he is now—he remained in my service three quarters of a year; he parted with me of his own acoord; he gave me notice to leave—the watch was in my window, and I marked it myself; I bought it about a year before the prisoner came, and soon after wards put it in the window—to speak with the greatest certainty, I saw it there early in Aug., but my impression is that I saw it in Sept.—the prisoner had not authority to sell, he was quite in another department—I missed it very shortly after he left—I had not once a different impression about the time that I missed it—I did not once think or say that I missed it while he was with me; other property, but not that—Iam not aware that I have said so, but if I have, it may be correct—I may have been once under that impression—I cannot tell you why I did not give him into custody then—I gave him a character after that.

MR. MEW. Q. Did you miss property after he left your service? A. Yes;

I might have missed it when I wanted it to show to a customer, even while the prisoner was in my service; but I should not think, from a temporary absence for an hour, that it had been stolen from me—I am sure it was not sold; I have an accurate system of book keeping, wherein the number of every watch sold is entered—I am quite certain it was not sold, and it has my writing on the gold at the present moment.

HENRY DODD . I am assistant to Mr. Avant, a pawnbroker, of Fleet Street. This watch was pawned by the prisoner on 19th Nov., 1857, for 8l.—I took it in—he afterwards came on 1st Dec., and I advanced him a further sum of 2l. on it, and on 23d Jan., 1858, he redeemed it.

Cross-examined. Q. Did you know him before he pledged it? A. No; this is the last ticket (produced)—he gave the name of Kelso.

MR. SLEIGH to GEORGE ATTENBOROUGH. Q. Who makes the entries in your books? A. The person who sells the property—if I sell a watch, I enter it and the maker's name—I have heard of a young man named Lister, as a notorious person; I do not know that he is in the employment of Mr. Whistler, of the Strand; I believe he is not; he went away to America some time before the prisoner did—I am not aware that he was ever in my shop.

THOMAS POTTER (Police sergeant, D 16.) On 18th Feb., I went to the prisoner's sister's house, and she gave me this watch—he was living at Mr. Williams', a jeweller in Oxford Street.

Cross-examined. Q. Did you take him into custody at Mr. Williams'? A. Yes; on another charge, I did not mention this case.


5th April 1858
Reference Numbert18580405-439
VerdictGuilty > unknown
SentenceImprisonment > penal servitude

Related Material

439. CHARLES HOLDER was again indicted for stealing 36 forks and 20 spoons, value 14l. 10s., the goods of Charles Williams and another, his masters, in their dwelling house.

MR. MEW conducted the Prosecution.

CHARLES WILLIAMS . I am a jeweller, of No. 223, Oxford Street. The prisoner was in my service from the beginning of Dec. to 18th Feb.—we took stock on 18th Jan. and finished on the 27th—we missed a great number of things, among which was nine half dozens of silver spoons, thirty-six forks, and twenty-six spoons—I told the prisoner that they were missing, and he said, "I hope you will find them"—these are them (produced); here is our mark, and the number in our stock book on them.

Cross-examined by MR. SLEIGH. Q. Did you owe him 10l. or 12l.? A. He had been two months in my service at 50l. a year.

THOMAS POTTER (Police sergeant, D 16). On the morning of 17th Feb., I was sent for to Mr. Williams' shop, who pointed to the prisoner, and said, "This is the thief;" he made no reply for a moment, and then he said, "I am"—I told him he must consider himself in custody, and I searched his boxes, but found nothing relating to this indictment—going to the station, he told me that the plate that had not been found was pledged at Mr. Avant's, in Fleet Street—when he said "I am guilty," he added, "I am sorry for it," or something like that.

Cross-examined. Q. Did not he say that he was very sorry he pawned the plate, and intended to redeem it? A. Yes, "I pawned the plate, and intended to redeem it"—he did not say that he never intended that Mr. Williams should suffer—he said, "I found there was an innocent party about to be taken into custody, and I was anxious to prevent that."

HENRY DODD . I produce eighteen forks and twelve spoons, pawned at Mr. Avant's, by the prisoner, on 23d Jan., for 20l

JOSEPH BROOKS . I am assistant to Mr. Spink, a pawnbroker. I produce eighteen forks and six spoons, pledged there on 16th Jan. by the prisoner for 14l. 3s.

GUILTY .— Six Years Penal Servitude.

5th April 1858
Reference Numbert18580405-440
VerdictGuilty > unknown

Related Material

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

MR. ORRIDGE conducted the Prosecution.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

GUILTY of Stealing only.— Confined Twelve Months.

OLD COURT.—Friday, April 9th, and Saturday, April 10th, 1858.

PRESENT—The Rt. Hon. the LORD MAYOR; Mr. Justice CROMPTON;

Mr. Justice BYLES; Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. Ald. CURITT; Mr. Ald. HALE.

Before Mr. Justice Crompton and the First Jury.

5th April 1858
Reference Numbert18580405-441
VerdictGuilty > unknown

Related Material

441. EDWARD AUCHMUTY GLOVER was indicted for unlawfully making a false declaration of his qualification as a member of the House of Commons.

MR. EDWIN JAMES, Q.C., with MESSRS. WELSBY, BODKIN, and Clerk conducted the Prosecution.

JAMES RICHARD NAYLOR . I am chief clerk in the Crown Office. I produce from the Crown Office the writ of election for the Borough of Beverley at the last general election, and the return to it—(The writ was dated 21st March, and the return 28th March, 1857)—the return states "That the said Mayor and Burgesses and Electors of the said Borough, and others interested in the said election, have elected and chosen the Hon. William Henry Forester Denison and Edward Auchmuty Glover, of No. 28, Grosvenor Square, West, London, Esq."

THOMAS ERSKINE MAY . I am clerk assistant to the House of Commons; I was so in May, 1857. I was present at the table of the House during the whole of Saturday, 2d May, the day upon which Mr. Glover, the defendant, took the oaths and his seat for Beverley—the House was sitting, and the Speaker in the chair—Sir Denis Le Marchant, the Clerk of the House, would administer the oath—I am not in a position to say that I saw the oath administered to Mr. Glover—I have no doubt that the declaration was delivered to myself personally—this (produced) appears to be the statement of the particulars of qualification handed in at the table, in my presence—I have no doubt that this document was handed in, but I am not able to identify it, as having been delivered into my own hand—I should, perhaps, explain to the Court the process of swearing in the members at the commencement of the Session, and the mode of taking their declarations, it will then be understood why I am not able at once to specify this; at the commencement of the Session a great number of members are waiting to be sworn at once, and their names are taken down by one of the clerks at the table, and kept in a list; the Clerk of the House then reads from that list, out loud, in the hearing of the whole House, each name in succession as it stands on that list; every member so called then takes his place at the table, and when they are all

assembled there, the clerk proceeds to administer the oaths, and also the declaration of qualification, which they repeat after him, all at once; when they have taken the oaths and the declaration, they withdraw from the table to their seats, and then the clerk assistant again reads each of those names in succession from the list, and each member, on being called a second time, comes to the table and delivers in to the clerk assistant the statement of his qualification, referred to in the declaration of qualification; as soon as the declaration of qualification has been handed in, the member handing it in proceeds to sign the parchment roll of the oaths, and also of the qualification; there are two rolls, and the lists of the names of the members who take the oaths on each day, are filed and preserved in the Journal Office of the House of Commons; Sir Denis Le Marchant, myself, and Mr. Henry Lee, the second clerk assistant, were the parties who administered the declaration to the members after the general election of 1857, and who took the declarations and gave them the parchment rolls to sign.

Cross-examined by MR. MONTAGUE CHAMBERS (with MR. GIFFARD). Q. Can you tell me how this statement of qualification is prepared? A. Yes—it is usually prepared by the member himself, but with the assistance of the clerk—itis quite optional whether the clerk writes out the description; a form is given, and, ordinarily, a member would prefer writing it himself—doubtles the clerk would be willing to enter the description of qualification, if the member desired it; occasionally a clerk does it for a member by his dictation—somemembers require more instruction than others—it is an inference that may be drawn that a new member would be more likely to require assistance—Ithink there is very little difficulty, inasmuch as there is a printed form kept in the office, a printed heading, which is a blank form of the Act of Parliament; that is filled up in writing, of the circumstances of that the clerk can have no knowledge, they must be in the cognizance of the member.

MR. WELSBY. Q. If the clerk in the Bill Office did assist in making it out, from whose information would he make it out? A. Entirely from the information derived from the member himself, the clerk would merely see that he filled it up in the proper form, and signed it—in the case of a member who had already made a declaration at the hustings, it would be sufficient for the purposes of the declaration in the House if he copied the hustings declaration, provided its terms were in the form required by the Act, provided it described the qualification in the manner required by the Statute; they are the same in effect.

CHARLES ROWLAND . I am one of the clerks of the House of Commons. I produce a statement of qualification, purporting to be signed by Edward Auchmuty Glover—I produce it from my office, the office of the clerk of the Journals of the House of Commons; that is the proper place for it to be kept in—I have also the qualification roll, signed by the members, but I do not know that it is properly in my custody; it is in the custody of the Clerk of the House, Sir Denis le Marchant—there is a general heading of declaration at the commencement of the roll, which I suppose is in the terms of the Statute—it begins, "I, A. B., do solemnly declare and affirm that I am truly qualified"—underneath the word "Beverley" in this roll, I find the signature of "Edward Auchmuty Glover."

Cross-examined by MR. M. CHAMBERS. Q. What is the meaning of this signature of "Henry Edwards" here? A. That is the signature of the other member for Beverley I suppose—that is written underneath Mr. Glover's signature—Iam not prepared to explain how Mr. Edwards came to sign there; it is possible that on the new writ being issued Mr. Edwards was elected instead

of Mr. Glover—a signature is never struck out, the new member signs, underneath the old member—Mr. Denison, the other member for Beverley, has not signed here—there are certain members who do not sign the qualification roll—membersfor Scotland and heirs apparent of peers do not qualify—Mr. Denison would qualify as the eldest son of a peer—he would not sign this roll.

FRANCIS OMMAANNEY . I am a solicitor of Basinghall Street. I have known Mr. Glover since 1853—I have seen him write once or twice—I have had correspondence with him—I believe this signature to be his writing, also the signature to this statement of qualification, and to the hustings declaration—Ido not recognize anything but the signature as his.

WILLIAM NICHOLSON . I am a Clerk in the Crown Office of the Court of Queen's Bench. I produce from that office a statement of qualification purporting to be made at Beverley; it is dated March 28th, 1857. (The statement of qualification made in the House was here read; it alleged that the qualification was derived from lands, tenements, &c., situate at Curragh Clonbro', in the Barony of Orrery, in the county of Cork, Ireland, and the Oaks, at Ospringe, in the island of Harty, in the county of Kent. The Hustings declaration was to the same effect.)

SIR DENIS LE MARCHANT . I am the Clerk of the House of Commons. I took the declaration of the greater part of the members returned at the last general election—I attended at the table of the House, on 2d May, for the whole of the day, except perhaps for twenty minutes or a quarter of an hour, during all of which time I was employed in administering the oaths and taking declarations—the form of declaration is contained in the first page of this book, and the member signs in the page applicable to his own Borough or County—the members come to the table to declare, in batches, and the declaration is read over to each batch—I read the declaration out, or the clerk does, and then the members; they all follow in chorus.

Cross-examined. Q. Was there not a great rush to the table, being a new Parliament? A. There were as many as I think could get into the space, certainly, it was rather a squeeze—they stand on three sides of the table—the oaths are administered first, the declarations follow—after they are sworn, those that have not qualified, stop and take the declaration of qualification; then they sit down and the list is read out, and they answer in succession and sign the book; I then introduce them to the speaker.

HENRY LEE . I am second clerk assistant to the House of Commons. I remember the members being sworn on 2d May—I do not remember Mr. Glover coming with other members, but on referring to a list of mine, which I wrote down at the time, I find his name there—I took this list down as the members gave their names, whilst I was sitting at the bar of the house—I have here the name of Mr. Glover, Beverley—the Speaker was in the chair at that time—I took down the names at the bar, as they went up to the table to be sworn—there was no other Mr. Glover in the House.

Cross-examined. Q. Where is the date to this memorandum? A. I did not take any date at the time; it is a mere paper for convenience, to give to the other clerks—this "Sat, 2d May," is not my writing, that is Mr. Rowland's; this paper would go to the Journal office, of which Mr. Rowland is chief clerk, and he would tick off the names as you see there, the qualifications received—these papers are all preserved and filed. (The declaration was put in, and taken as read).

THOMAS WELCH . I am a member of the Bar of Ireland—I am keeper of deeds and other documents to the Encumbered Estates Court, Dublin. I produce a deed of 16th March, 1846, from J. Glover to Edward Glover, and

nother deed of 13th December, 1848, from Edward Glover to Edward Wrixon, solicitor.

Cross-examined. Q. Have you got the original petition filed in the Encumbered Estates Court? A. Yes (producing it)—I have all the papers and documents connected with the estate, and I have schedules of their contents—itis not my duty to read the documents, but in order that I might understand what I was about to give testimony upon here, I read them this morning—the petition purports to set out the value of the property—no vouchers are filed in my office—I only take charge of the deeds and documents that are necessary to establish the title and other claims—the rental particulars are generally obtained through surveys of the property, and those are kept in the Survey office, attached to the Encumbered Estates Court—the Commissioners in their discretion generally direct a survey, if the estate is a valuable one; if it was a small estate it might not be worth while—the valuers employed are generally men of skill and experience—I have my subpœna duces tecum here (producing it.)

MICHAEL GREEN . I live in the County of Cork, Ireland. I see the name of James Green as a subscribing witness to this deed—he was my brother's son—Ido not know whether he is dead—he emigrated to America, I think in 1851—the other name is John Green—he was my brother—he is dead, to the best of my belief.

Cross-examined. Q. How do you know that James Green emigrated? A. Because I conveyed him to the train the day he left for America; the railway station at Buttesland—I never heard that he had come back—he went to New York—I have never heard direct from himself but I have heard, from letters, that he was there.

THOMAS HEFFERNAN . I reside at Newtown, near Mallow, in County Cork. I attested the signatures of Edward Glover and Edward Wrixon to this deed—thedefendant is the Edward Glover who signed that deed.

Cross-examined. Q. Are you an attorney? A. No—Mr. Wrixon was my son-in-law, and he asked me to witness the deed, and I did so—I have known Mr. Glover a good many years—he is a barrister—his family are highly respectable, as respectable as any in the county.

MR. EDWIN JAMES . Q. Did you know much of Mr. Glover after 1849? A. Not very much, because he left the neighbourhood—(These deeds were put in, and read in part; by the first deed James Glover demised the property of Curragh Clonbro and other lands mentioned therein, to Edward Glover, on trust for certain purposes; and by the second deed, Edward Glover conveyed the said property to Edward Wrixon, who covenanted to pay the sum of 1,000l. to Glover's sisters, a trust imposed upon him by the former deed, and which payment he had not been enabled to make.)

THOMAS FABRELL . I am Chief Clerk to the Court of Bankruptcy and Insolvency in Ireland; it is now one court. I produce the petition and schedule of Edward Glover, filed in the late Court for the relief of Insolvent Debtors in Ireland, dated 26th June, 1849, filed on 27th June—the vesting order bears the same date—the matter was finally heard and adjusted on 23d March, 1850—here is my own memorandum made at the time—Edward Glover swore to this schedule on that day, and was discharged forthwith—there is an endorsement on the petition "First arrest 15th June,1849; commitment 15th June, 1849"—he would not be out on bail until after his schedule was filed; he might after that—it was filed on 27th June,1849—I do not know Mr. Glover's signature; I did not see him sign the schedule—it is not signed by me, but by Richard Farrell; he was the

Commissioner of the Conrt at that time—here is "Dublin, 23d March,1850," in my writing; I wrote that at the time the schedule was sworn to—Iadministered the oath; I see that from my having filled in the date—I produce an affidavit purporting to be sworn by Edward Glover, on 13th May,1857, and filed on the 15th.

Cross-examined. Q. Then, as a matter of course, a party who becomes insolvent remains from the time he is arrested until he files his petition? A. Necessarily so, there is no means of getting out, the Court has no jurisdiction until the petition is filed—there was a warrant of attorney given to empower the assignee to enter up judgment at the suit of the provisional assignee against the insolvent, for the amount of the scheduled debts—if any judgment was entered up it would not appear among the records of the Insolvent Court—Mr. Worrall was the trade assignee—it was not the course in the late Court of Insolvency for creditors to prove their debts until a dividend was about to be made—that is called an audit—I do not know that there ever was an audit in this case—I should say there was not; it would not be within my knowledge—I do not know whether the assignee ever filed an account—if there was an audit there would be a chief clerk's report upon it—ifthere is such a document it would be on the files of the Court—I looked and found no such document—I looked generally; I did not make a negative search—I can speak as a matter of certainty that there never has been an audit, but I do not like to speak to it, because it is a matter of record—there may have been an audit, and the registrar not have made his report upon it—Ishould say there has been none.

MR. E. JAMES. Q. Is there an audit unless there are any funds paid in to audit? A. No; there have been no funds paid in, that I know; there is nothing to audit—no funds were ever lodged in Court, for I have looked at the books of the Bank of Ireland for that purpose, and I found that there were none—this (produced) is an examined copy of the vesting order, attested by myself, and sealed with the seal of the Court of Bankruptcy and Insolvency in Ireland, which mikes it evidence.

FRANCIS OMMANNEY re-examined. I believe these signatures to the schedule and the petition to be Mr. Glover's writing—this affidavit of 15th May, 1857, is also his writings—(The affidavit being read, stated the total amount of debts appearing in the schedule as 13,325l. 18s. 6d., but that 4000l. was the outside amount for which he had received anything approaching to value or consideration, and of that amount nearly half was for debts incurred on his father's account. The schedule was also read, dated 26th June, 1849, which alleged that the debts for which he had received no consideration, amounted to 12,221l. 7s. 6d., and stated that he had a reversionary interest in part of the lands of Curragh Clonbro', of about 130 acres, subject to his mother's jointure of 150l., and 1000l. for his sisters.) The vesting order was also read.

MONSELL WORRALL . I am a solicitor in Dublin. I have been appointed the trade assignee under the insolvency of Mr. Glover—I was appointed on 16th May, 1857—this (produced) is my appointment—I believe no assets have been paid in to the credit of the estate of Edward Glover since his insolvency in 1849—I have made search in the Bankruptcy Court to find; I believe that no funds have come in—I have examined the books on two occasions—it sometimes happens, I should say, that money is paid to the assignee—none has been paid in this case—none has been paid to me—I believe if any had been paid to the official assignee, it would appear in the bank books—I am not a creditor—I have searched the baok books, and there is no entry of any money brought in to the estate, and I know of none—I

have an attested copy of the warrant of attorney, which was given by Mr. Glover at the time of his insolvency; the original was deposited in the Court of Queen's Bench—I entered a judgment upon that warrant of attorney, on 23d May, 1857—I have a certified copy both of the judgment and of the warrant—the warrant was at the time of his dischage, 28th March, 1850—itwas given for the amount of the debts and costs, 13,326l., and judgment is accordingly—I have not received anything on account of the estate, since that judgment was entered up.

Cross-examined. Q. But has there not been a good deal of property sold in the Encumbered Estates Court? A. There was some sold, it realized about 1000l. I believe—I think that was some months ago, I think since my appointment—Iwas not present at the sale, but Mr. Martin, my attorney, was—an assignee cannot act as attorney for himself; I do not mean Mr. Martin of Beverley, but of Dublin, formerly of Cork—he named me as a very suitable and proper person to be assignee—I was not a creditor, but I was attorney for a creditor, and it was in that way I first heard of it; that creditor is Herbert Eyre O'Donnell—I heard that Mr. Martin was employed by Mr. Leman of Beverley—I do not know that he is the agent of Mr. Wells, the petitioner—there is a very great friendship between Mr. Martin and me—I believe it was some time subseqnent to the Beverley election that I was nominated as the trade assignee; if you will allow me, I will explain how I became acquainted with it, Mr. O'Donnell got a circular as a creditor, and be sent it to me to do what was necessary, thinking there was something coming to him in the shape of a dividend—he is my principal, and it was from him I first heard of it—he is a creditor for 35l.—it was intended that he should be appointed trade assignee, but as be lived in a very remote locality, it was considered that he could not do justice to the general body of creditors, the assignee representing all the creditors—he was a solicitor, but I believe he is a miller now; he lives at Drimolee, County Cork—I do not think there was any very great opposition made to my becoming trade assignee—a Mr. Daley who was a creditor, had a day or two, or a week, to consider, from the chief clerk, whether be would accept the appointment, and then he said he would have nothing to do with it, and the consequence was they considered I would be a proper person—Mr. Martin has acted as solicitor for me ever since, and has attended the Encumbered Estates, and all that.

MR. E. JAMES. Q. Since you assumed the trust of trade assignee in May,1857, have you received one farthing of dividend or money, to divide among Mr. Glover's creditors? A. Not one farthing—the property that realised 1000l. was sold under the Encumbered Estates Court—that was all swamped in head rent; the creditors got none; not a farthing has been received since that affidavit.

MR. M. CHAMBERS. Q. Is there not property selling now? A. I believe there is; I understand there is a rental going to be settled for, a sale of some other property; I did not say of Mr. Glover's; I really do not know—I am aware there is some property about to be sold; but I believe there is nothing coming to creditors—I do not know whether Mr. Glover or his creditors have any interest in it—I believe there is nothing that I can realize—it is my duty to see what I can get for the creditors; and I am informed that it is swamped by prior encumbrances—I have inquired of a Mr. O'Connell and of Mr. Martin—there has been no correspondence between Mr. O'Connell and me; it was only verbal—Mr. O'Connell was not in communication with me, as solicitor for Mr. Glover, in relation to his other property—I believe there is other property to be sold; but what encumbrances there may be, I do not know.

MR. E. JAMES. Q. Do you know of any property to be sold, which, after paying any encumbrances, will realize anything for the creditors under this insolvency? A. I am not aware of any property that will realize anything for the creditors.—Adjourned.

Saturday, April 10th.

SAMUEL MURRAY HUSSEY . I am a land agent and surveyor in County Cork—I am the receiver, appointed under the Court of Chancery, of the property of Curragh Clonbro'—I have been acting as receiver of that property since 24th Feb., 1854—the gross amount that I receive on that estate is 181l. 9s. 8d.; out of that I have to pay for head rent 58l. 10s. 9d., and tithe rent charge 6l. 2s. 10d.; the balance is 116l. 16s. 1d.—receiver's fees and poor rates vary every year—upon an average, the receiver's fees are about 9l.; the poor rates about 5l. 10s.—there are also law costs in the Court of Chancery—I have not the slightest idea what those are annually; they vary very considerably; I cannot give you an average; I can give you each year—the year ending March 1854, it was 16l. 2s. for the whole year; for the year and a half ending Sept., 1855, it was 138l. 15s. 3d.; and for the year ending Sept., 1856, 92l. 4s.; the balance was lodged in the Court of Chancery, according to the rules of the master in Chancery; I apply them according to his direction—he may direct payments out of the money to the creditors; he has so directed—I send in my account; the master decides what is to be done with the balance; and I act accordingly—I am not appointed under the Encumbered Estates Act—I have not got any appointmenthere.

Cross-examined. Q. Who nominated you to be the receiver? A. Mr. O'Connell was the solicitor—I believe he is Mr. Glover's solicitor—I know nothing about money being handed to Mr. O'Connell to be paid to Mr. Glover—I have here a copy of the account I furnished to the Court of Chancery—I believe the order for my appointment as receiver was made on 17th Nov., 1853—I cannot say whether Mr. Wrixon had anything to do with it then; I heard that he had; but I do not know—I heard that this estate was about to be sold; but I cannot say.

MR. E. JAMES. Q. You receive the money? A. Yes, and pay it into the Court of Chancery—I have not received directions to pay Mr. Glover any that money; I have heard that Mr. O'Connell is solicitor for one encumbrancer, I cannot say it of my own knowledge—I have received no directions to pay Mr. Glover any of the profits of this estate since I have been receiver.

GEORGE ANNESLEY . I am a solicitor, of No. 64, Lincoln's Inn Fields. I have a marriage settlement here, but I submit to my Lord whether I am bound to produce it, it was given to me by Mrs. Stokes with strict injunctions not to part with it to anybody—I made this objection to the Committee of the House of Commons, and they did not compel me to produce it; if his Lordship says I ought, I am willing to do so; but I submit that I ought not, as a professional man, disclose any deeds of my client without her authority—Iam not aware that there is any danger in producing it—(MR. JUSTICE CROMPTON was of opinion that it mutt be produced; the witness accordingly handed it in.)

WILLIAM RAWSON TURNER . I am a solicitor, in Russell Square. I am the attesting witness to this settlement, by John Buck Toker, Anna de Burgh, Edward Auchmuty Glover, and William Downing Bruce—I saw it

executed; it is dated 18th Sept., 1854—a few days before it was executed, Mr. Glover came to my office in Gray's Inn, with Mr. Bruce, who introduced him to me—Mr. Glover informed me that a relative of his, a lady, was about to be married, and he came to me to prepare the settlement—I think he mentioned her name on that occasion; the conversation was general, and a further meeting was appointed for the same evening, at Mr. Glover's residence at Maida Hill—he gave me his card, and I went there that same evening at 7 o'clock, by appointment—on arriving there, I found Mr. Glover, Miss de Burgh, and Capt. Toker—Mr. Glover introduced me to them, he said the lady was his aunt; the conversation was as to the properties to be settled by each; the properties mentioned were landed estates in Kent, the property of Mr. Toker; and properties in the county of Cork, in Ireland, the property of Miss de Burgh, Liscarrel, Curragh Clonbro', and Curragh McGower, the whole of the property—Mr. Glover gave me the spelling of the names, one of them, certainly, Curragh Clonbro', I think it was—he said that he was himself a member of the Bar, and I was to prepare the settlement as solicitor for all parties—on the following morning he called at my office; he did not on that occasion give me any account of the Kent property, he had mentioned it the evening before; he spoke of the Harty property as being mortgaged, he did not on that occasion say to what amount, he did on the draft settlement being read over; a draft settlement was prepared, and was read over by me in Mr. Glover's presence to the lady and gentleman, and Mr. Brace, Mr. Glover's co-trustee—this was, I think, on 16th Sept, 1854—the encumbrance was then stated to be 10,000l.; Mr. Glover was merely a party to the deed, as a trustee—Mr. Glover did not tell me where the title deeds were; he said it was impossible to obtain them, and I must be satisfied with the instructions I had, without requiring the inspection of the title—he called at my office again on the morning of the 18th, the day on which the deed was afterwards executed—he brought me the particulars of three mortgages, they were written particulars, I have them here—those mortgages have no reference to the Kentish or Irish property, they related to Middlesex property, they were mortgage debts simply tranferred to the co-trustees; they formed part of the settlement; they belonged to Miss de Burgh—Mr. Glover said nothing to me of any other encumbrance on the Kentish property, except the 10,000l.—Idid not learn to whom that 10,000l. was owing, he did not say a word about a rent charge granted to himself of 325l. a year, or any such amount.

Cross-examined. Q. Have you got any written instructions for preparing the deed? A. Yes (producing them), they were written by Miss de Burgh—shegave me the papers—a portion of them is Mr. Glover's writing, delivered to me by himself subsequently—these are the whole of the written instructions—Ihave no other memorandums—it was from these written instructions that I proceeded to prepare the marriage settlement—they are headed, "Instructions for preparing Marriage Settlement"—I believe the first part of this is Miss de Burgh's writing—the papers relating to the Middlesex and Lambeth property are in Mr. Glover's writing—they were brought to me on the 16th—this list of diamonds and bracelets were part of Miss de Burgh's paraphernalia, which she wished to have settled upon herself—that is in her writing—here is a letter of hers, that I received on 16th Sept., and here is a letter of Mr. Glover's; it does not apply to the Irish or Kentish property, but to other property comprised in the settlement—I received very minute instructions, as to the property, from Miss de Burgh—I think I saw her two or three times, while I was preparing the settlement, at her residence, Stafford House. Bloomfield Road, Maida Hill—I am not prepared to say it was her residence—I

resume it was Mr. Glover's residence, from his card—I received the first instructions on 14th Sept., and the settlement was executed on the evening of the 18th, at Maida Hill—Captain Toker, Miss de Burgh, Mr. Glover, and Mr. Bruce, were present at the execution.

Mr. E. JAMES. Q. This young lady, Miss de Burgh, was going to be married to this old gentleman; what aged person did he appear to be? A. I should think sixty-five or sixty-six, at least; that was six years ago—he was to settle the Kentish property—Mr. Glover represented that property to be Mr. Toker's, and he told me of the mortgage of 10,000l. on it—I do not find any corrections or interlineations, in Mr. Glover's writing, in the first page of these instructions of Miss de Burgh's; there is one on this page, which relates to the mortgage debts assigned to the trustees—the address on the card which Mr. Glover gave me on the morning of the 14th was, "Stafford House, Maida Hill"—(the settlement was put in, and read).

HENRY BATHURST . I am a solicitor at Faversham, in Kent. I produce a deed of settlement, dated 16th Nov., 1853—the attesting witnesses to it in Charles Tucker and George Kennett.

GEORGE KENNETT . In 1853, I was clerk to Mr. Bathurst's brother—this in my signature—I attested the execution of this deed by Margaret Grace Toker. (This was dated 16th Nov. 1853, and by it Miss Margaret Grace Toker conveyed an estate called the Oaks to Philip Champion Toker.)

MR. BATHURST (cross-examined). I hold this deed on behalf of both the parties, Miss Toker and P. C. Toker—they are both living; it has never been out of our possession—it was in my brother's possession until he gave up his practice, and since then it has been in mine—I do not know whether there have been disputes between Miss Toker and Philip C. Toker—I have been away from the neighbourhood for four or five years until the last eighteen months.

MR. CLERK. Q. I believe you are well acquainted with the Oaks estate? A. I know it very well—I cannot say that I know the rents, of my own knowledge—I am not perhaps fully competent to say what would be the value of the property. I know what I should be disposed to give for it if I wanted it—I know the value of land in that neighbourhood—the outside value of the house would be 80l. a year I conceive—there is a cottage and garden, which lets for 25l.; and some orchard land and a cottage for 60l.—I believe there is some woodland, which is cut from time to time, that has run out very much—I don't know what it has produced of late years—I should say the outside value of it was from 8s. to 10s. an acre, taking it through—thereare between thirty and forty acres I believe.

MR. M. CHAMBERS. Q. You do not call yourself a land valuer? A. Oh dear no—I have had no experience in valuing—I was living in the neighbourhood from 1845 to 1852, and I have been living within six or seven miles for many years—that part of the country was then entirely out of railway accommodation; lately it has railway accommodation by the East Kent Railway, which was opened in Jan. last—there is a difference of opinion as to whether that improves the value of property or not—there is not thirty-five acres attached to the mansion—I don't know the exact quantity, it is leasehold, held from St. John's College, Cambridge; I include the house and garden and one piece of orchard land in the 80l. a year—I merely say that is what I would give for it, if it was to sell—I am not aware whether any surveyor has been employed to survey it on the part of the prosecution—I do not want the house—I have not a house of my own at present—I am living at my brother's house—the cottage actually fetches 25l. a year at this time;

it is about half a mile from the railway; it is all close together—Mr. Robarts the tenant has been in it about two years—it has a small garden—it is about fifty miles from London—the land in the occupation of Payne is about twenty-two acres—I believe it is all orchard land—I think there is about thirty-seven or thirty-eight acres of woodland—I do not know whether there is good shooting there, or whether there are pheasants in the wood.

FRANCIS OMMANNEY re-examined. I produce a mortgage deed of 13th July, 1849.

JOHN RANCE HEYWOOD . I am the attesting witness to the execution of this deed by Frederick Metcalfe; I saw him execute it.

NICHOLAS GIBSON WANOSTRECHT . I married a stepdaughter of Henry Stukeley. He left this country for Australia, in 1855—I have had a great deal of correspondence with him since he has been there—to the best of my belief, he is still there; I am quite sure he has not come home—I believe this is his signature, as attesting witness to the execution of this deed by Philip Champion Toker and Janet his wife. (This was stated to be a mortgage deed whereby the Oaks estate was conveyed by Frederick Metcalfe, a prior mortgagee, to Hasler Hollist, Rev. Edward Ommanney, and Frederick Metcalfe, as security for the repayment by P. C. Toker of l,000l., and interest, Metcalfe covenanting that the prior mortgage of 2,000l. should be postponed to the present mortgage.)

FRANCIS OMMANNEY (continued). I was a nominal party to the deed, merely as a trustee to uses—Mr. Hollist and the others are in effect trustees, to pay Hollist first and Metcalfe afterwards—the mortgage applies to the whole of the Oaks estate—I have also some deeds of 21st and 22d April,1851; they are between Hasler Hollist, the Rev. Edward Ommanney, and Frederick Metcalfe of the first part, William Prudence of the second part, Frederick Metcalfe, Octavius Ommanney, and Henry Mortlock Ommanney of the third part.

HASLER HOLLIST . I am one of the conveying parties in this deed. I see my signature to it—William Collins appears to be the attesting witness to my signature; he was at that time a servant of mine; he has since left me—inconsequence of a request made to me by Mr. Greenwood, the Solicitor of the Treasury, I have made inquiries to endeavour to find him—I have inquired of a Mrs. Maude, the widow of the celebrated aurist, from whose service he came to me, and she knew nothing of him, nor did her servants—I then wrote to the superintendent of the Brighton police (for it was at Brighton he was in my service), and could learn nothing of him—the only servant who was with me at that time, a coachman, said that he never saw him after he left my service—I have not been able to learn anything of him; he was with me twelve or fourteen weeks in the spring of 1851.

Cross-examined. Q. Did you give him a character to any one? A. No; I do not know whose service he entered after mine; I have every reason to believe he left Brighton entirely—I believe it was five or six weeks ago that I received Mr. Greenwood's letter.

COURT. Q. In the course of your investigations did you find any person to whom you could apply for anything further? A. No; I do not now know any one to whom I could refer with any chance of success—(MR. M. CHAMBERS submitted that this evidence did not show reasonable diligence in the search of the attesting witness, and that therefore, in his absence, no proof could be given of the signature to the deed. MR. JUSTICE CROMPTON considered the evidence sufficient)—This signature is William Collins' writing, and this is my signature

JAMES BALLINGER . I now live near Lichfield. I formerly lived with Mr. Edward Ommanney—I saw him execute this deed—this is my handwriting.

FRANCIS OMMANNEY re-examined. This is a conveyance of the land to the use of Metcalfe, Edward Ommanney and H. M. Ommaney, the parties of the third part, and an assignment of the mortgage debts to the same parties, on trust to re-assign; that re-assignment is carried out by a deed of the next day—it is conveyed to William Prudence to the use of the parties of the third part—Iprepared the deed—in 1854 and 1855, I gave instructions for notice to be served upon the tenants to pay their rents to the mortgagees; I did that because the interest was in arrear—I ought to have received it—I signed the notices—I have received several letters from the defendant—here is one of 18th July, 1856—that was in answer to a letter I had addressed to Miss Toker. (This being read, enclosed a draft for 30l. towards payment of interest due, and requesting withdrawal of the notice.)The interest fell again into arrear after that; I do not think they paid up all the arrears then—an ejectment was brought before then—this is the Sheriff's return. (This was dated 30th May, 1855, addressed to Margaret Grace Toker, by Metcalfe and the two Ommanneys, claiming the whole of the Oaks estate; Margaret Grace Toker appeared to the writ, and defended to the whole; verdict and judgment for plaintiffs, 16th Aug., 1856; the writ was executed 18th May, 1857.) I have not got the writ of possession, nor an examined copy—I was not present when possession of the Oaks estate was delivered—I have since been in receipt of the rents for the three gentlemen named in the deed—I receive the rents from the tenants, except the tenants of the house—I receive no rent for that—Miss Toker is the tenant of the house—she agreed to pay 60l. a year for it—that was under another agreement—60l. a year is paid by Payne and 25l. by Captain Robarts—at the end of last year there was some underwood cut; it produced 48l.—it is cut once in twelve years, I believe—all was cut, that was fit to cut—I gave instructions to cut all that was fit to cut without injurying the property—I do not know how it was done, whether all was cut, or only a portion—125l. is the whole interest due on that mortgage—there is another mortgage besides of 1,000l.; that is on the same property—altogether the mortgage is 2,500l., at five per cent, interest—I cannot say that I know the Oaks property well—I have seen it—I do not know that I have at different times had conversations with Mr. Glover about the Oaks property, and the mortgages upon it—I think I have; I am not sure—I believe I had in 1853—he was certainly aware of the action of ejectment—he paid some of the interest that was in arrear when I went to take possession; he paid 40l.—Idid not go to take possession; it was done through a solicitor in London, and paid to me—his cheque was paid to me—I think I have received the rents for two years—I think I got into possession before the ejectment, and I was certainly in receipt of some of the rents before the ejectment; all but the house—at this moment there is not much interest in arrear; very trifling—Ithink not above 6l.—I have here an agreement, dated 23d May, 1857, to let the house to Miss Toker.

GEORGE FREDERICK FRY . I am a clerk to Messrs. Sutton and Ommanney. I am the attesting witness to this lease—I saw Miss Margaret Grace Toker sign it; in fact, I saw the four parties sign—this endorsement is my writing—thatenables me to say that Mr. Glover was present, and read the lease over to Miss Toker before she signed it. (This was an agreement between Metcalfe and the two Ommanneys to let, and Miss Toker to take, the Oaks house for three months, at 15l. per quarter.)

MR. M. CHAMBERS to MR. F. OMMANNEY. Q. Was 7,500l. given for this Oaks estate? A. Yes; in 1852—that was a sale to Miss Toker by Philip Toker, her nephew, the same nephew in whose favour she afterwards made the voluntary deed—the interest has been continually in arrear—I think the first rent I received from Payne was in Sept., 1856; Payne was then Miss Toker's tenant—proceedings were stayed in the ejectment for a long time—I have not brought the accounts with me—I cannot speak exactly as to dates, without referring to the accounts—since April, 1857, I have received the rent of the cottage occupied by Capt. Robarts; that would be paid the next quarter after that; I did not receive the April rent; I did not know that he was a tenant until April, when I gave him notice—I received the Midsummer rent; that was the second rent I received—he pays precisely on the quarter day; the first rent he paid me was in June, 1857—I have continued to receive Payne's rent from 1856 up to the present time; I began to receive Payne's rent in 1856, but no other—Miss Toker occupied the house, Payne the land, and Mr. Robarts the cottage.

COURT. Q. Then you worked her with the ejectment until you got her to attorn; was that it? A. Yes.

MR. M. CHAMBERS. Q. Have you any personal interest in this matter? A. The money that was lent belongs to the trustees of my marriage settlement—thedeeds I have produced are generally kept by my trustees—I am a partner in the firm of Sutton and Ommanney—Mr. Octavious Ommanney, my brother, keeps the deeds in his safe at the bank, where they have been deposited—the 1,500l. was lent to Philip Toker; and the property was bought by Miss Toker, subject to the mortgage.

G. F. FRY re-examined. I was present at the trial of the ejectment, and signed the judgment. I recollect Mr. Wright, an attorney now dead, coming to negotiate a lease for Miss Toker—I saw him more particularly on 23d May, last year; that was the date of the lease—I had seen him at our office perhaps two or three weeks before that—the terms of the agreement were settled between him and Mr. Ommanney—at the time of the execution of the lease, I saw Mr. Wright pay 40l., for interest, on her behalf—I took down the particulars of the lease to Miss Toker—I went there—Mr. Glover went by the same conveyance—I found Miss Toker in a field behind the mansion, and Mrs. Capt. Toker with her, formerly Miss de Burgh—they had a marquee, or tent, erected there—Mr. Glover was there; he had arrived there before me—the agreement was received from me by Mrs. Toker, and by her handed to Mr. Glover, for him to peruse and see that it was right—he read it, and then handed it to Miss Toker; said it was quite right, and she was to sign it—at that time, there were two sheriff's officers in possession—they were withdrawn; I left them there; but they had an authority from Messrs. Sutton and Ommanney to withdraw, upon some charges being paid to them by Miss Toker.

Cross-examined. Q. I suppose if there was any writ of possession, that would tell when they went in, if they did go in? A. I do not think it would—thewrit was lodged at the office, and the warrant made out to the sheriff.

CAPTAIN JOSEPH WILLIAM ROBARTS . I occupy the Oaks cottage, part of the Oaks property. I took it from 25th March, last year, at 25l. a year—I have paid the rent to Messrs. Ommanney and Sutton, having received a notice to that effect—I should think that was a fair rent.

Cross-examined. Q. Have you got the notice? A. Not with me—I received it about ten days after I got there—Miss Toker let me the premises I hold under a written agreement from her—this is it (produced).

MR. WELSBY. Q. Has Miss Toker ever made any claim on you for this rent? A. Never, or any body on her behalf; or on Mr. Glover's behalf.

COURT. Q. Have you any land? A. Only the garden, a little more than a quarter of an acre.

JOHN PAYNE . I am a farmer in Kent. I hold part of the Oaks land, about twenty-eight acres—my rent is 60l. a year—this is my third year—about June, 1856, I received a notice from Messrs. Sutton and Ommanney, and since that time I have paid my rent to them—neither Mr. Glover, Miss Toker, nor anybody on their behalf, has made any claim on me for the rent since I received the notice—at the latter part of 1855, I bought some wood of Miss Toker—I saw Mr. Glover on that occasion—he was waiting there to receive the money for the wood I believe—it was 50l.—it was at Miss Toker's house, the Oaks—Mr. Glover said on that occasion, that Miss Toker was the rightful owner of it, and the only one that I should pay—he said, that they wanted to raise about 2,500l., and do away with the Ommanneys altogether—thatwould be about Nov.—this was on the occasion of my paying the first 25l., about the latter end of Oct., or the beginning of Nov., 1855.

Cross-examined. Q. This is glass land, is it not? A. As near as possible—Ido not make a great deal of hay—I make hay of a part—in 1856, I made somewhere about thirty tons—the value of that was about 104l., not 140l.—Ihad orchards, but no fruit—I had a very short crop of hay last year—I have not made 150l. for the two years put together—I made 46l. this last year—Ihave not made as much as 200l. in one year by my hay; 104l. was the most—I will swear I have not made 180l.—the amount I received after paying expenses would not be above 70l.—the 104l. was the gross sale of the hay, and the expense of making, harvesting, and carrying, would bring it to about 70l.—I feed sheep on the grass—we get very little after-grass—we do get some—I do not rent any woodland—there is woodland on the estate.

MR. E. JAMES. Q. I understand you pay a little more than 2l. an acre? A. I pay so much that I do not mean to give that rent for it after this year—itis a very high rent—I believe nobody will give that money when I give it up—itis higher than any land in the neighbourhood—I am a yearly tenant.

MR. WELSBY read a recital in the marriage settlement of 18th Sept., 1854, to the effect, that John Buck Toker was entitled to a freehold estate situate in the Island of Harty, for an estate of inheritance in fee simple, smbject to certain charges thereon, but which last mentioned estate he had lately contracted to sell for the sum of 12,150l.; and by another recital it appeared that he was to enter into a covenant for the payment to Mr. Glover and Mr. Bruce of the sum of 2,500l. part of the purchase money.

MR. GEORGE ANNESLEY (cross-examined). I was not acting at all at the time, these settlements were prepared—they had taken the business away from me—Mrs. Toker handed the deeds to me afterwards—Mr. Turner prepared the settlement—Mrs. Toker delivered the deeds after the marriage—Ido not recollect how soon after—there have been proceedings in Chancery with reference to these deeds, before the Master of the Rolls—thoseproceedings are terminated, with the exception of the costs being paid—Iacted as solicitor in these proceedings for Mr. and Mrs. Toker—I do not act for them now—I hold the deeds for Mrs. Toker; she gave them to me with the understanding that I was not to part with them—I have known Mr. Glover for three or four years—I never heard that he practised at the English Bar—I believe he is principally engaged in literary pursuits—I have seen him a good many times during the progress of the suit—he was a party to it—he was one of the trustees—one of the defendants—the bill was

filed by one of the Trustees, Mr. Bruce—the bill was filed against him—he was made a defendant—I did not act for Mr. Glover in that matter.

FRANCIS OMMANNEY re-examined. I have the deeds of 19th and 20th March—the parties to the Release are John Buck Toker of the first part, Margaret Grace Toker and Molyneux Sheeldham of the second part, the said Margaret Grace Toker of the third part, John Buck Toker, William Jeffries, and Francis Ommanney of the fourth part, William Lowton Jones, Douglas Jones, Sir George Larpent, and Francis Ommanney of the fifth part—the attesting witnesses to the execution by the conveying parties, are Heawood, Cartwright, and Prudence.

MR. HEAWOOD. I saw Mr. John Buck Toker execute this deed produced, and I attested the signature.

CHARLES CARTWRIGHT . I attested the signature of Margaret Grace Toker to this deed; she is the sister of Mr. John Buck Toker—the date was 20th March, 1850.

STANLEY PRUDENCE . I attested the signature of Mr. Sheeldham to that deed.

MR. OMMANNEY (re-examined). The parties did not represent some bank or public company; they were trustees in fact—it is a mortgage in fee—it recites a mortgage to Mr. John Buck Tokens sister of 2,000l., and to others of 2,900l.—her portion was 2,000l.—that is postponed to the other mortgage—the 2,000l. is postponed to the 7,600l.—the whole 2,900l. was not paid off; part was paid off, and the rest belonged to John Buck Toker—I produce the deed of further charge, dated 23d Jan. 1852.

SIR CHARLES CARTWRIGHT re-called. I was the attesting witness to the execution of that deed of further charge by John Buck Toker and Miss Toker.

MR. OMMANNEY (continued). She joins in that to postpone her 2,000l.—thatmade 9,600l. due to my clients, and her 2,000l. besides—it was between John Buck Toker of the first part, and Margaret Grace Toker of the second part—that made 9,600l. to Sir George Larpent and the Ommanneys, and 2,000l. to her—the deed includes other property besides Brewer's in Harty—itis described as Butt's Marsh, and Brewer's Farm—there are no farm buildings upon it—I remember the defendant and Mr. John Buck Toker coming to my office in 1853, upon the subject of these mortgages and other matters—the defendant came about Mr. Toker's mortgages and property—it must have been in the autumn of 1853—the interest at that time had fallen into arrear—Mr. John Buck Toker introduced Mr. Glover to me—there was a general conversation about these mortgages, and the position of his property and so forth—the amount of the encumbrances was mentioned—he knew the exact amount, 9,600l.—I think the purpose of the interview was to speak upon the state of Mr. Toker's affairs, upon his mortgages and the interest being demanded—Mr. Toker wrote to me at last to hand over the deeds to Mr. Glover—I remember Mr. Glover coming to my office three times; twice with Mr. Toker, and I think once alone—I can tell you generally what passed—it was a general conversation about Mr. Toker's mortgages and the encumbrances on his property—I cannot state the particulars of the conversation—Iknow that was the purport, and with regard to the mortgage of 4,000l., Mr. Glover complained that that property had been leased, and Mr. Glover complained that the money had been conveyed to Miss Toker instead of Mr. Toker—I remember particularly that complaint being made—I am certain that the subject of the mortgages upon the Harty property was discussed on those occasions—I am quite certain that the amount was named

—atlast I had a direction from Mr. Toker to deliver the deeds to Mr. Glover—hewrote to me to do so—I told him that I could not do it, as I held them for the mortgagees—I have not got his letter—on the occasions I have referred to, Mr. Glover certainly took an active part in the discussion—Mr. John Buck Toker is not a man very well acquainted with business—he knew it to the extent of there being a mortgage on his property for 9,600l.—I have been for a length of time in receipt of the rents of the Harty Estate; since 1855—Ireceived them in Jan., 1855; they were due at the previous Sept.—they pay six months afterwards, in Jan. and July, but they are due some time before—Mr. Byng was the tenant—he was the tenant, I believe, for many years before I received them—he has remained there, and is described as the tenant in the deed—the amount of interest under those mortgages for 9,600l. at 4 per cent is 384l.—the amount of the half year's rent first received was 194l. for the two properties, Butt's and Brewer's—I cannot tell what Brewer's alone is—the next half year it was 172l. 19s.—there were deductions for the half year received Jan., 1855, it was 194l.—for the half year received in July it was 172l.—there were payments for repairs—the real rental is 216l. half yearly—the actual rent is 432l.—I have given the net amount, 194l. and 172l.—the next year I received about 186l. half yearly—I allude to Butt's and Brewer's—the acreage of Brewer's is about 300, and of Butt's it is about 100.

Cross-examined. Q. This old gentleman did not understand business? A. He is not very old, rather more than sixty—part of the money raised went to pay off old mortgages—the money was raised to join in a speculation in which I was concerned, which speculation commenced about a year before that, I think; a year or two before 1850—it was for making steel—there were patents mixed up with it—there was one place at Manchester and another at Flint—of the Ommanney's there was myself and another one, who was managing it—he had nothing to do with the firm of solicitors; he was a cousin of mine—the patents were bought with the capital of the concern—I cannot exactly say that I recommended this speculation to the old gentleman as a good speculation—I mentioned it to him, and he said he would go into it—I do not consider that the thing was failure, but it stopped at all events about 1854 or 1855—I owe the old gentleman something, not arising from the partnership, but money lent to carry on the partnership with—I am not indebted to him for the partnership accounts, the thing is all at an end—it was managed by a relative of mine, and Mr. Toker himself was down there very often—my cousin managed it, I west down very seldom—Miss Toker'g 2,000l. went into another concern that Mr. Toker was in before I knew him, it was a concern for making pianos—I got him out of that concern—hewas still in that speculation when Mr. Glover called with him at my office—every body thought that the other speculation would be prosperous, down to the last minute—it came to an end principally because Mr. Toker married, and Mrs. Toker interfered—Mr. Glover took some part in it, and the parties would not have anything to do with it—there would have been more money forthcoming, but they would not have anything to do with it—itwas before that, that Mr. Glover came to my office—I keep a day book, in which I make entries of the transactions that I conduct—I went down to the Oaks property many years ago, not since these moneys have been raised—adjoiningthe Oaks is a small piece of land which belongs to Miss Toker, and which is not included in her mortgages, and when I wanted to take Possession, the sheriff's officer told me that she would not go out, and if she did not he must use force—I said, "Do not use force, if you can help it; I

am quite willing that she should remain, if she will give any acknowledgment that she holds as tenant"—she insisted upon being turned out, and she was put into a tent on that land—all the furniture was taken out and put on that land—she afterwards agreed to become tenant, and I was quite unwilling to turn her out—she would not go out, and they were obliged to carry her out—theaction of ejectment was commenced in 1855, and the interest was in arrear—I did not wish to press matters, and I went on till the next year,1856—it got further in arrear, and I obtained judgment, and then I did not press it till 1857, when I saw a notice in the paper, stating that Mr. Glover claimed this property, and that his assignees in Ireland were coming to take possession of it, upon which I thought it was my duty to take possession first—it was after the election that I saw him—it must have been in May—theinstructions about the tent were after the election and after the declaration—Ireceived a notice from Mr. Glover as to the lease for twenty-one years; it was handed to me by Mr. Payne the tenant, signed Edward Auchmuty Glover—I know nothing about the lease or the charge—I saw the lease at the election committee, when I was subpoenaed there as a witness—I think it was produced by Mr. Glover.

MR. WELSBY. Q. Had the interest got into arrears? A. Yes; and then I brought an ejectment—I obtained a judgment in ejectment in 1856—theinterest still kept getting into arrear, and it was not till May, 1857, that I enforced the ejectment, which I did after receiving certain information—I thought it right to enforce my rights on the property—the notice was given to me by Payne—it must have been handed to me I think in Sept. 1856; at that time all the interest was in arrear upon the mortgage—I gave notice to Mr. Payne of the covenant, and a counter notice was given to him by Mr. Glover to pay it to him, but Payne said he would pay it to me—at the time that Mr. Glover gave the notice, the interest was in arrear.

THOMAS BYNG . I am a farmer, resident in the county of Kent. I hold the property in the Isle of Harty, belonging to the Tokers, Miss Toker and Captain Toker—I have held it for thirty years—I have paid rent to Messrs. Ommanney since 1854—I pay 432l. 8s. 4d. per year—that is for Butt's Marshes and Brewer's—I should not wish to give more—it was raised once, and then I gave notioe to leave, and then it was reduced again—it has been at its present rate perhaps twelve years, I do not know exactly—no claim has been made upon me for the rent by Mr. Glover, or Mr. or Miss Toker, since I have paid the rent to Messrs. Ommanney—previously to the first year of my paying it, Mr. Glover came to me for the rent, in 1854—before I paid that first rent, Captain Toker had written to me to pay Mr. Glover, but when Mr. Glover came, I told him that I could not pay him—Mr. Glover mentioned that letter, and he requested me to pay—I said that I could not do it, and I produced the notice that I had received—he said, that he could not take that—since that time, I have not had any further interference from him.

Cross-examined. Q. What are you in-possession of? A. A portion of the salt lands and marshes—I have all that belongs to that estate—I have only a small proportion of the land—the saltings, seven or eight acres perhaps; I do not know the exact measurement, because it goes with three estates—the saltings go with three estates, a portion to each, and the saltings are twenty acres altogether—I hold all the three estates from Miss Toker and Captain Toker—the saltings are of some value, not much—they are flooded with water—we find that the Saltings are better in showery weather, when they get well washed—I pay for the whole holding 800l. a year—there

is another estate besides—I hold under four estates—they belong to Captain and Miss Toker—they are all adjoining together—there is a house—Mr. Glover came to my house where I live—I do not live on the land; I live seven or eight miles off.

MR. WELSBY. Q. What do you pay? A. 800l. a year in all—124l. to Miss Toker—I am tenant of Osewts and Gillon's for 243l. 9s.—the 124l. is for Plain Marsh and White Leas—they are some properties of Miss Toker's—Iheld under Mr. John Buck Toker at a rent of 432l.—I pay the rent to Messrs. Ommanney now for every acre of it; that is Brewer's and Butt's—the captain has nothing to do with any other estates, as far as I know, but his sister's—I do not know the numbers of acres in Brewer's and Butt's—I have not the lease with me that expresses the number of acres.

The declaration made at Beverley by Mr. Glover was here read.

The following witnesses were called for the Defence.

PEARCE POWER . I witnessed the execution of this deed (looking at it)—Iknow the, property called Curragh Clonbro'—I know some property close to it—a divided fourth part was sold last year adjoining it, and held under the same lease—it belonged originally to a member of Mr. Glover's family under the old original lease, and it was divided afterwards—last year the profit rent arising out of it was 27l. a year, and it sold for 1,150l.—that will give you a very good idea of the relative value of Mr. Glover's property—there was the greatest possible competition for it at the time of the sale—my partner in business wished to buy it, and we went through the rental of it very minutely, and examined it, and that is the reason that I know all about it.

Cross-examined by MR. WELSBY. Q. Are you a relative of the Glover family? A. Yes, a cousin of the defendant's—I am a butter merchant in Cork—I cannot exactly tell you the extent of the lands, that is, the number of acres which yielded a rental of 27l. a year, but it was a divided fourth part of the lands; it was a fourth part of the original property divided—I believe the parts were originally the same in extent—it was a divided fourth part—I do not know exactly how it was divided—I do not know whether that which is included in this deed is the same in extent of property, as that having a net rental of 27l. a year; but I know that it is the adjoining property—Mr. Glover's acreage is about four times the extent, I think—I do not know exactly as to the acreage, the rental will tell you—I know about the tenants; it is my business to have a particular knowledge about the farmers—my eldest brother is a Magistrate, and my father was.

THOMAS WELCH re-examined. I produce an assignment from Edward Wrixon to John B. Toker.

COURT. Q. Do you produce this from the Encumbered Estates Office? A. Yes; it came into my custody on 16th Oct., 1857—the flat bears date,13th March, 1854.

MARGARET GRACE TOKER . This is my writing; I saw this executed—(This was a mortgage for 500l., dated 29th Oct., 1855, from John Buck Toker, Esq., to the defendant.)

WILLIAM ELIOT . I saw this deed executed; I attested it—(This was dated 29th April, 1857, and was a rent charge of 355l. per annum for twenty-one years—(I have no recollection of being present when any deed or rent charge deed was produced—I did say upon that occasion what the value of the land was, according to what it went at; I mean the Oaks property; I have a brother-in-law who has land attached to it—I said it was worth 2l. an acre, or over—I have stated that the Oaks estate would be worth 350l. to 360l. a year; in fact I should give it myself—I perfectly know the value of

land in that part of the country—I cannot exactly give the words I did say at the Court, but the Oaks estate is worth 300l. a year—I may have said that the house, stables, woodland, and offices were worth from 350l. to 360l. a year; the house and grounds, that is, the out-offices and the woodland—I have just the same opinion about it now—I understood you at first to mean without the meadow; I include the meadow, with woodland—I include about 28 or 30 acres of meadow in my estimate—I do not hold any farm now, I am out of business; I get my living by industry, and am a freeholder of the county of Kent—I do not do anything in particular, but I amuse myself frequently—Ihave got twelve little cottages, I do not get a great deal for them; I am a lenient landlord; I get, perhaps, 30s. a week—I will not swear that I get that, because they do not all pay their rent, unfortunately; I wish they did—I get 70l. or 75l. a year from them, not on an average, because they are not always occupied; 50l. a year on an average, I mean that—I work in the gardens, sometimes at the Oaks, and sometimes in my own garden—I have gone up to the Oaks as a gardener for these two years past, to amuse myself.

MR. GIFFARD. Q. Do you remember the question put to you, in answer to which you said, 350l. or 360l. a year? A. I was asked what I thought it worth, and what the value of the land was—the question was, "What yearly value would you put on the house and offices and eighty acres of land?"—I believe that was the question I answered by 350l. or 360l., to the best of my recollection—I attested the execution of this deed at the Oaks, at the Mansion House; that was long before I went up to the election committee.

MARGARET GRACE TOKER re-examined. I consulted Mr. Wright, an attorney and parliamentary agent—I told him the state of my property—I first went to him before the Canterbury election, and continued to consult him, from time to time, down to the election for Beverley—I told Mr. Glover, Mrs. Toker, and my brother what Mr. Wright told me—Mr. Wright is dead—what Mr. Wright said, and what I told Mr. Glover was, from the time Mr. Glover was elected to the time he took his seat, that his qualification was as good as any one's in the House of Commons—I told that to Mr. Glover directly after Wright told me.

Cross-examined by MR. WELSBY. Q. This was in the year 1854, was not it? A. Yes—I was not a witness before the House of Commons—I came to London upon that occasion—I came with Mr. Glover—I brought with me that deed.

JOHN AYLETT . I witnessed my hand to a lease, I understood it was—I have no recollection of the date—I believe it was before the Canterbury election.

Cross-examined by MR. WELSBY. Q. What did you witness? A. I recollect signing my name to a certain writing, but I was not aware what it was at the time—I was called in by Miss Toker, I believe it was—I saw her put her name to the deed—I believe it was a lease; that I swear—I was examined on this subject before a committee of the House of Commons, and the lease was handed to me.

Q. I ask you to be careful; were you not asked, "Did you see that deed signed by Miss Toker," and did you not say, "No?" A. I recollect saying, "I have no recollection," and I had no recollection at the time, not being aware what I was called there for.

Q. I will read it to you: "Did you see that deed signed by Miss Toker? No. Did you see her acknowledge it in your presence? Not in my presence. Was Miss Toker present when you put your name to this?

Not to my recollection now. Who was present? Mr. Glover was. Was not Miss Toker there? Mr. Glover was; I have no recollection of Miss Toker being being there."—Did you say that in answer to those questions? A. I did—I was asked by the committee, "When did you put your name to it?" and I answered, "I cannot call to mind the time"—I was then asked if it was Miss Toker's writing, and I said that it was.

MR. GIFFARD. Q. Do you remember saying that Miss Toker was at the Oaks at that time? A. She was at the Oaks; I do not recollect whether I said so—I did not know what I was to prove, when I was called as a witness before the committee—I have no recollection of having seen that deed, from the time I put my name to it till I was before the committee—after my examination was over, I recollected something, but, being called unawares, it escaped my memory, and I recollected that Miss Toker was present—I have no doubt on my mind now that I saw Miss Toker execute the deed.

MARGARET GRACE TOKER re-examined. I remember executing the lease that this man witnessed for me—I executed it in his presence—that was before the Canterbury election.

Cross-examined by MR. WELSBY. Q. Where did you sign it? A. In the dining room at the Oaks—Aylett and Mr. Glover were present—Aylett was the gardener then—I did not see Mr. Glover sign it—I do not remember that he signed it.

(The lease was taken as read.)

ANNA TOKER . My maiden name was De Burgh. I consulted Mr. Wright with respect to Mr. Glover's qualification, and afterwards communicated to Mr. Glover what I heard from Mr. Wright—we consulted him frequently—weconsulted him before the election, and between the election and his taking his seat, before he made the declaration before the House of Commons—he stated that it was a perfect qualification, and that he ought to take his seat—Mr. Wright wrote to tell me, that Mr. Glover's qualification for Beverley had been disputed at the election, in consequence of which I came up from the Oaks to see Mr. Wright in London, but I first wrote to him—I consulted with him on that occasion—I am quite certain that was before Mr. Glover took his seat—I told Mr. Glover what Mr. Wright told me, which was, that his qualification was in order, and that it was a perfectly good qualification, as good as any man's in the House of Commons—he acted afterwards as the parliamentary agent in Mr. Glover's election—I believe the lease for twenty-one years was lost, an the petition to the House of Commons, before the committee; it was at that time in Wright's possession—Wright prepared all those deeds, for the purpose of giving Mr. Glover a qualification, with the exception of Captain Toker's; Mr. George Annesley prepared that—that is in the Harty—I think I know the value of those properties; I consider the Oaks worth 300l. or 360l. a year—before Mr. Glover took his seat, or made the declaration, I had frequently told him that the Oaks was worth 300l. a year—wehad been offered that rent for it that year—we employed Mr. Wright to let the Oaks, and that was the value he put upon it, and we were offered it—we did not take it, because Mr. Francis Ommanney put some difficulty in the way about the mortgages—we wished to pay the mortgages off before we gave up possession—I know the property occupied by Abbott and Fox; that is not comprised in the mortgage at all, or in our lease, it is in the rent charge—ithas paid 60l. a year for some years past—the two proprietors are Abbott and Fox.

Cross-examined by MR. WELSBY. Q. Who is the person who offered you 300l. last year for it? A. His courier; I forget the gentleman's name; he had just come from abroad—he came over and made the offer on behalf of

his master—I believe it was about May; it was beautiful weather—I cannot say whether it was Sept. or Oct.—I think it was in 1854 or 1855; 1855 I should say was more likely—the gentleman was suffering very much from head aches, and he was to have a very retired place, and the courier was going all over England visiting places—we were living there ourselves at that time—Payne was not there then; I think it was before he came—Captain Toker, Miss Toker, and I were living on the property; and Mr. Glover was the ostensible lessee or lessor, whatever it was, but he was not living there—I think he was living in chambers in London at that time, but I do not remember the dates—he occasionally visited us—Mr. Wright resided in Essex Street, Strand—his Christian name was Charles—I could not mention to him what qualification Mr. Glover had, when it was he himself made that qualification; therefore he knew better than I did—all I did was to ask Mr. Wright whether Mr. Glover had a good qualification—before he had this qualification we took the necessary instructions to make it, and he went into the island, and knew our affairs better than we knew them ourselves—I am speaking of between the time the lease was made and Miss Toker's rent charge was made—I did not consult Mr. Wright about Mr. Toker's rent charge; that formed a portion of the qualification—that was not drawn up by Mr. Wright, but by Mr. Annesley, and I know that what he drew up was correct I did not consult Mr. Wright on the occasion of the Canterbury election—I was on good terms with Mr. Wright at the time of his death—since his death, I have complained, both by writing and by word of mouth, of his being one of the instigators of the placing Mr. Glover before the Court, because I understood he had not done his duty as solicitor to his client—since his death, I have complained of his being one of the principal actors in the unjust prosecution before the committee—that was in writing—this (produced) is my signature, but it is not my writing; I cannot tell you whether I read the letter before I signed it—it is my sister-in-law's writing—I will say that I have read it (reading it)—yes, I think I know it by heart—I told you first that I did not know whether I read it before I signed it, because I have not looked at it.

Q. Was this written by your direction: "The three men who were the principal actors in the unjust proceedings before the committee were James Coppock, Charles Wright, and Somerville; the two first have met a fearful fate, as they deserved, and the latter is now dying at a cold water establishment in Ireland, as he deserves," &c.? A. Yes, that is true—that is the same Charles Wright, I believe, of whom I have been speaking; I know it—at the time my marriage settlement was being prepared, before my marriage to Mr. John Toker, I was residing at Stafford House—I do not think that was Mr. Glover's residence also at that time, but perhaps it was; I know he had chambers—he lived there immediately before my marriage to Mr. John Buck Toker—I believe I gave written instructions for this settlement—I do not think Mr. Glover was aware of the nature of these instructions; I think I was more under the influence of my other trustee, Mr. Wm. Downing Bruce—Mr. Glover never saw those instructions while they were in my possession—Mr. Bruce did not live there; his daughter did—I do not know that Mr. Glover sent any papers for the purpose of the preparation of the settlement.

MR. GIFFARD. Q. I see there is a letter addressed to Messrs. Humphreys and Son; are they the attorneys for the prosecution? A. They are—it is in answer to my being subpoenaed to attend as a witness on the part of the prosecution—it was written by my direction—I have attended two days in

pursuance of that subpoena—when Mr. Glover was living there, before my marriage, his sister and her three children were there at the same time, and my sister's husband too.

COURT to GEORGE ANNESLEY. Q. Do you know whether Wm. Downing Bruce is out of the country? A. I believe he is in Scotland.

MR. GIFFARD to MRS. TOKER. Q. Do you know Mr. Brace's writing? A. I think I do—yes, this is it (On the rent charge, as attesting witness).

GUILTY .— Confined Four Months.

5th April 1858
Reference Numbert18580405-442
VerdictGuilty > pleaded guilty

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PLEADED GUILTY .— Confined Fifteen Months.

(There were two similar indictments against the prisoner).

FOURTH COURT.—Saturday, April 10th, 1858.


Before Michael Prendergast, Esq., Q.C. and the Third Jury.

5th April 1858
Reference Numbert18580405-443
VerdictNot Guilty > unknown

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443. JOHN BLACKMAN (26) and SAMUEL BEDMAN (24) , Burglariously breaking and entering the dwelling house of William Norman, with intent to steal.

MR. THOMPSON conducted the Prosecution.

WILLIAM NORMAN (Policeman, A 148). I live at No. 10, Great Queen Street, Westminster; that is my dwelling house—I let part of the house to lodgers—I sleep in the back parlour adjoining the passage—on the morning of the 25th Feb., I was awoke by hearing a noise; it was similar to a postman's knock; apparently, upon the door being forced, the knocker moved—theparlour door was standing ajar, and I saw a light in the passage—my wife called out "Who is there?"—the light was suddenly extinguished—I got out of bed, and I saw two men in the passage—it was very bright moonlight—themen were dressed in dark clothes, and one was taller than the other; they pulled the door after them and went out; they appeared to be about the middle stature—I have a lodger, who is a tall man, but he was in bed at that time; he afterwards came down, when awakened by the noise, with his dressing gown on—I procured a light—I looked in the passage; I saw there a dark stick or cane lying on the sideboard—there was no candlestick in the passage at that time—I looked about, and found nothing disturbed; I then went to bed again—in about ten minutes, I heard the latch snap again; I then jumped out of bed, and encountered the prisoner Blackman in the passage—Ihad not been to sleep—I came almost into collision with one man, as I came out of the parlour door—I am quite sure there were two men—seeing he was no one belonging to the house, I asked him what he wanted; he then tried to elude me, and straggled to get away—his face was turned towards me; he got away from me, but I caught him again at the street door, and he pulled me into the street—the cane was found upon him—I then called for assistance, and two constables came to my aid; one of them pursued the other prisoner, Redman, who was about twenty yards off—he appeared to be going away from the house; I could only see his back—I saw no one else in the street—there was nothing missed from the house—there are four females living in the house; one the wife of one of the lodgers, my own wife, an old lady of seventy-five years of age, and my female servant—my servant was

in bed; she was the only young unmarried woman in the house; she is here to-day.

Blackman. Q. You say you met me in the passage? A. Yes—the sideboardis on the left hand; it is opposite the front parlour door—you could not reach the cane without turning—I saw you with it in your hand.

ALFRED WELSBY (Policeman, B 55). I was present at the prisoner's apprehension—thesekeys (produced) were found on him.

WILLIAM NORMAN (re-examined). I tried this key after the examination before the Magistrate; it would not quite open the lock—I examined the lock, and found the lock staple was broken; it had been forced.

THOMAS CHARMAN (Policeman, A 243). On Thursday morning, 25th Feb., I was on duty in Charles Street, Westminster—I saw the two prisoners in company there, at about half past 1 o'clock; they had just left the door of the Hampshire Hog public house, in Charles Street; they then went up to the top of Duke Street—they remained there a few minutes, and came back again; then they went to the corner of Gardener's Lane; they then came towards me—I afterwards followed them into Gt. George Street, and I saw no more of them.

Blackman. Q. Can you positively swear it was me? A. I am certain you are the same man—I did not know you previously—I saw your face and your back—I did not speak to you; you did not stop for me to get close enough.

COURT. Q. Did you see the face of the other? A. I did; I can swear I saw the faces of those two men—I saw them again at the police office.

Cross-examined by MR. PAYNE (for Redman). Q. You did not give your evidence until the 4th March, did you? A. Yes—they were remanded for a week—I was told they were in custody by the inspector at the police station—Ihad given him information of my having seen them; I gave that information on the same morning, when I came off duty.

JOHN BURNETT (Policeman, B 146). I was on duty on Thursday morning, at the top of Dartmouth Street, near Great Queen Street—I heard a cry of "Police!"—I went to the spot; I there saw the prisoner Blackman struggling with the prosecutor, who was in his shirt—Blackman had this stick (produced) in his hand—I saw Redman about fifteen or twenty yards from the house; he was running away from the house—Blackman was close to the house, on the pavement—I took Blackman into custody—I searched him, and found these lucifers (produced) upon him.

Cross-examined by MR. PAYNE. Q. Did you assist Norman, and detain Blackman? A. He gave him into my custody—I then saw a man running; some other constable went after him.

ALFRED WELSBY re-examined. I was with the last constable—I heard the cry of "Police!"—I went there—I saw Norman laying hold of Blackman, and saw Redman run away—I ran after him, and caught him—I then took him back to Norman's house, and searched him—I found the keys already produced, and a knife upon him—he said one was his latch key, and the other the key of his box—he gave me an address, 3, Spencer Terrace—I went there and tried the keys; neither of them would fit the door or the box; the box was an old trunk with no lock on—I went back to Norman's—I searched the passage—I found two lucifer matches and a wax taper; they were about two feet from the parlour door, on the floor of the passage; it was then about 3 o'clock in the morning—the matches were in the middle of the passage, and the taper on one side of the hall; the matches are in the same state; some similar were found upon Blackman—I afterwards tried the key

to the look; it would not open it—I was afterwards ordered by the Magistrate to try again; I then found the box staple had been broken; and I could easily force the door open.

Blackman's statement before the Magistrate was put in, and read as follows:—"Afemale took me to the house, and lit a light in the passage, and then said. 'Come to the corner of the street;' I went, and then I said, 'I have left my cane in the passage;' I went back for it; the female had left the door open; and the policeman came and seized me."



Before Mr. Common Serjeant.

5th April 1858
Reference Numbert18580405-444
VerdictGuilty > pleaded guilty

Related Material

444. CHARLES GRANT (16), was indicted for burglary in the dwelling house of the Guardians of the Poor of the parish of St. George's-in-the-East, and stealing meat, bread, and podding, value 6d., their property, to which he

PLEADED GUILTY .— Confined Three Months.

5th April 1858
Reference Numbert18580405-445
VerdictGuilty > unknown

Related Material

445. CATHERINE CARTER (25) , Stealing 1 cloak, value 17s.; the goods of John Newholme.

MR. COLERIDGE conducted the Prosecution.

ALICE NEWHOLME . I am the wife of John Newholme. In December last, I took a number of articles of wearing apparel to Mrs. Morgan's—I fetched them on 15th Dec., and this cloak was missing, and some other things—about two months afterwards I saw it on the prisoner's back—I aopused her of its being my cloak; she said it was not; I took her down to my house—I beckoned the policeman, and he followed me down—the prisoner then said she bought it in a pawnbroker's shop in White Horse Place, Commercial Road, and gave 4s. 6d. for it—I said, "If you will give me the cloak, and convince me where you bought it, I shall be more satisfied—she gave me the cloak, and promised to come on Monday morning and go with me to the the pawnbroker's—she came on Monday night, and said Mrs. Morgan had given her the pawnbroker's ticket, and she went and got it at the pawnbroker's for 2s. 6d.—the pawnbroker's was in Victoria Road—this is the cloak—itis worth 17s.

ELIZABETH MORGAN . I am the wife of Charles Morgan. The prosecutrix gave me some things to take care of—I put the bundle of things in an empty room—the prisoner was there at the time the things were brought—she worked occasionally as charwoman—when the prosecutrix came and fetched away the things, she said the cloak was missing—no one had access to the room where the things were, but the prisoner and a little girl—they were left tied up in a bundle; I never saw them open—I heard the prisoner say she bought the cloak in White Horse Place, Commercial Road, for 4s. 6d.—I never sent her any time with a pawn ticket, and I never had a pawn ticket in my possession in my life—no one slept in the room where the things were but the little girl, who is about thirteen years old.

Prisoner. You gave me the ticket, and told me if any one asked me about the cloak, to say that I bought it in the Commercial Road for 4s. 6d. Witness. No, I did not—I never had a pawnbroker's ticket in my possession.

HENRY GAYLOR (Policeman, K 429). On 20th Feb. I followed the prisoner; I saw her first in Victoria Dock Road; she was going to Mr. Barlow's, the pawnbroker's—she had this cloak on—I saw her give up the cloak to the prosecutrix, and she said, she would come on the Monday morning, and show

the place where she had bought it—I saw the prisoner on Monday evening, and apprehended her.

Prisoner's Defence. I was at this woman's to do some work, and she gave me the pawn ticket; she said, "If you can come two hours on Sunday morning, I will give it you; it was pawned for a half crown, you can take it out if you think it is worth it;" I said, "Thank you, ma'am," and I went and got it; she said, "Say you gave 4s. 6d. for it;" and when I was apprehended I said so.

Witnesses for the Defence.

FREDRICK PIGEON . I work in Victoria Docks. I know Mrs. Morgan—I was at her place on Saturday night, 20th Dec.—I can not tell what time it was—I was settling with the prisoner's husband—I did not hear Mrs. Morgan say anything on the Saturday night, but on Monday night I was there settling, Hennessy was present, and Carter and his wife—Mrs. Morgan was down in her bar, and Carter said to her, "My wife has got the cape out;" Mrs. Morgan said, "Yes, I know it, it is a very nice thing, and if I have anything else I will give it her, for the work she does for me on Sunday morning—onthe Saturday night I saw the pawn ticket in Mrs. Carter's possession, in Mrs. Morgan's house—Mrs. Carter came in and said to her husband,"I have got the ticket, shall I go and get it out?" and he said, "Yes;" Mrs. Carter went to the pawn shop, and I and her husband followed her, and waited till she came out, and we went as far as the Barking Road, and there I left her—she had the cloak in a paper parcel—I did not see it opened, but her husband read the ticket before she went in, to her and to me.

Cross-examined by MR. COLERIDGE. Q. When did you first tell this story? A. I told nobody till this time—I was not before the Magistrate—I knew the prisoner was before the Magistrate, and I knew she was charged with stealing—Idid not go and tell this—I thought it would be no use—the prisoner has been out on baill—I work for her husband—I never said anything about this before—it was at Mr. Barlow, the pawnbroker's, that the prisoner came out with the parcel—I can not tell what was on the ticket—I can not read; I am no scholar—I was asked to come here—I said I would come, if it was any good—itwas on the Monday before Christmas that I heard this conversation—Mr. Carter has a room at a green grocer's shop—Mrs. Morgan is a publican.

COURT. Q. Do you now work for the prisoner's husband? A. Yes.

JOHN HENNESSY . I work in the Victoria Docks. I know Mrs. Morgan—Icannot give any account of where I was on Saturday evening before Christmas last—on the Monday night I was with Mr. Carter, and we went to Mrs. Morgan's, and Mr. Carter said, "I thank you Mrs. Morgan, for what you have done for my wife," and she said, "Don't mention it, as she comes a few hours on Sunday; I will do all I can for her."

Cross-examined. Q. Who else was there? A. We stood at the bar—therewere only Mr. Carter and me—the last witness was not there at the same time.

COURT to ALICE NEWHOLME. Q. When did you tell Mrs. Morgan you had lost your cloak? A. On 15th Dec.

GUILTY .— Confined Three Months.

5th April 1858
Reference Numbert18580405-446
VerdictGuilty > unknown

Related Material

446. BARKER YORK (16), was indicted for stealing 2 brass taps, and other goods, value 16s.; the goods of Samuel Morton Peto, and others.

EDWARD GAMBLE (Policeman, K 49). On 6th March, I saw Bacon offering a brass tap for sale; I inquired of him where he got it, and I took possession of it—I found it had been stolen; I went after the prisoner on Monday morning, the 8th, I found him in Norton's Row; I told him I took him on suspicion of stealing this brass tap, and some other things from Messrs.

Peto's; he said he knew nothing about it—Bacon was with me, and he told me he saw a round piece of iron in the prisoner's possession, which I afterwards found at Whittaker's marine store shop—I searched Whittaker's house, but he had left two hours before I went there—I showed this piece of iron to the prisoner before the Magistrate, and he denied all knowledge of it—Bacontold me that he saw the prisoner breaking up some taps with a large hammer outside the premises where the robbery was committed; I found some pieces about there—I found an entrance had been made by breaking a window of a large workshop—I searched the place where I was informed a quantity of brass had been broken up, and found this tap there.

THOMAS BACON . I am ten years old; I live with my father and mother, at No. 23, Rathbone Street. I know this tap (looking at it), I had it when the policeman came up to me; I was offering it for sale—the policeman took it from me—the prisoner gave it me on that same day; he did not say anything when he gave it me—I was playing with another boy in the street—I said to the prisoner, "Where did you get it?"—he said, "I picked it up"—hehad a guage glass in his hand at the time, and a number of brass taps like this, and he sold a boy seven of them for 3d. while I was there; I did not give him anything for this—I did not know him before—he said when he was up before the Magistrate that his name was Barker—I had seen him just outside Mr. Peto's shed, he was smashing up taps with a large hammer—I afterwards pointed out the place to the policeman; I told the policeman what I had seen—I saw the prisoner fetch the tap, which he gave me, from the engine shed, he did not come out alone, there were other boys with him—Iknew that he got it from the engine shed when I took it—he got into the engine shed through a hole in the window; he broke the window and pushed the wire bar away—the hole was large enough to get through—a boy named John Payne was there—the prisoner gave him two taps, and he gave me one—Isaw the prisoner have this piece of iron under his slop—I am sure it is the same piece; he sold it at Whittaker's rag shop—I saw him go down there; I did not go in with him—I saw him take it in, and come out without it—he told me he got 1 3/4 d. for it.

JOHN PAYNE . I am going on for thirteen years old—I know the prisoner by sight—he gave me two taps on the same Saturday, and he gave Bacon one—I chucked the two taps that he gave me over the railway—I knew the prisoner got them out of the window; I saw him come out with them if his hand—he got in by the window; there was an Irish boy went into the shed with him—he had a quantity of brass taps and a guage glash with him—I did not see him with this iron; I saw him break up a quantity of taps—the policeman came and asked me about it afterwards, and I told him what I knew.

WILLIAM SMITH . I am engineer to Samuel Morton Peto and others. They have a shed for repairing engines at West Ham—on Saturday, 6th March, I saw it safe about 10 o'clock in the forenoon—I afterwards received information that some boys had been into the shed, I went and examined the shed; I found fourteen brass taps were gone, and one gnage glass—two brass nuts had been broken from two portable engines—one brass bush was gone, and two oil feeders; the weight of the brass was about 20lbs.; it was worth about 5l.—this is one of the taps—I missed a piece of iron like this.

GUILTY .*— Confined Six Months.

5th April 1858
Reference Numbert18580405-447
VerdictGuilty > pleaded guilty; Guilty > pleaded guilty; Guilty > pleaded guilty
SentenceImprisonment; Imprisonment; Imprisonment

Related Material

447. HENRY WEBB (18), WILLIAM JOHNSON (17), and CHARLES BROWN (16) , stealing 8 ducks, value 2l. 2s.; the property of William Biggs: also, 9 rabbits, value 13s.; the property of Edward Jones: also, 14 fowls, value 2l.; the property of Daniel Gray: also, 9 fowls, value 1l. 10s.; the property of Henry Hastie: to which

WEBB— PLEADED GUILTY .— Confined Twelve Months.

JOHNSON— PLEADED GUILTY .— Confined Six Months.

BROWN— PLEADED GUILTY .— Confined Six Months.

Before Mr. Recorder.

5th April 1858
Reference Numbert18580405-448
VerdictGuilty > unknown

Related Material

448. GEORGE WARD (22) , Stealing 21lbs. weight of lead, value 3s. 6d., the goods of Richard Mason.

MR. ORRIDGE conducted the Prosecution.

JOHN PADDICK (Policeman, K 301). On 19th March, about half past 8 o'clock in the evening, I was on duty at Stratford in plain clothes, I saw the prisoner in a marine store dealer's shop named Shea—I received information, and followed the prisoner from thence to a beer shop—I told him I wanted him to go down to Mr. Shea about some lead; he said he had not been to Mr. Shea, he had come straight up Stratford—I told him he should go along with me, he said he should not; I took him by the collar, and said he should; he resisted, and struck me in the mouth, and knocked me down; with assistance I took him to Mr. Shea's—this lead was given me by Mr. Shea, who said he bought it of the prisoner, who said that a man had given it him, and he took it into the shop—I took this lead to the roof of a building where the lead had been cut away; this corresponded with the lead that remained exactly.

Prisoner. He did not see me go into the shop. Witness. Yes I did—I did not take you then, because you came out too quickly.

JOSEPH SHEA . I am a marine store dealer, at Stratford. On the evening of 19th March the prisoner came and offered this piece of lead for sale; I asked him who it belonged to, he said it was given to him to sell.

COURT. Q. Do you buy of any one who brings goods? A. I knew him by seeing him about; I knew he lived at Stratford—I buy things when I think they belong to the persons.

RICHARD MASON . I live at Stratford. My attention was called to the roof of my barn on Saturday, 20th March, and I saw this lead fitted to it on the Monday morning—it fitted exactly—it appeared to have been lately cut—thebricklayers were repairing there on Saturday—it was safe on the friday evening.

Prisoner's Defence. I am not guilty of stealing the lead, I am guilty of taking it into the shop.


The prisoner was also charged with having been before convicted.

ARTHUR KERRISEY (Police sergeant, K 35). I produce a certificate—(Read: "Central Criminal Court, July, 1857; George Ward, Convicted for stealing lead; Confined six months.")—the prisoner is the person mentioned.

GUILTY.— Confined Twelve Months.

Before Mr. Justice Byles.

5th April 1858
Reference Numbert18580405-449
VerdictGuilty > unknown; Not Guilty > unknown

Related Material

449. JAMES DOOR (18) and RICHARD JACKSON (16) , Stealing 1 coat, value 10s., the property of Samuel Alexander Bell, and 1 mantle, value 50s., the property of Hannah Bell.

MR. COLERIDGE conducted the Prosecution.

GEORGE GRIFFIN . I am gardener to Mr. Dexter, at West Ham, his garden is by the side of Mr. Bell's house. I was there on 12th March, and I saw a coat and a cloak thrown into the road over the wall of Mr. Bell's back premises

by the prisoner Door, who was by Mr. Bell's back door—I gave notice and followed Door, he went on to Jackson, who was behind the school at Forest Gate, nearly half a mile from Mr. Bell's—he was with another one, and they had some hearth stones on barrows—when I first saw Jackson and Door together they were standing still.

Cross-examined by MR. RIBTON. Q. Where was this? A. At Mr. Bell's—Isaw Door coming out of the door—I did not see Jackson till I got to Forest Gate—I was about five yards from the wall when I saw the things things thrown over—Door was on one side of the wall, and I on the other—thewall is about five feet high; I am five feet six inches—I went and communicated it to the servant at once; she took up the things—Door ran out of the front gate; he saw me—the first I saw of Jackson was half a mile off.

WILLIAM STEBBINGS . I was near Mr. Bell's house on the morning of 12th March, I saw Door come out of Mr. Bell's front garden gate, he buttoned up his coat and ran away.

Cross-examined. Q. Did you see him go into the garden? A. No—the sells hearth stones, it was necessary he should go into the garden to go to the kitchen—I do not know whether he sold any hearth stones there.

ELIZA BROWN . I am servant to Mr. Samuel Alexander Bell. In consequence of information on 12th March, in the morning, I went out and picked up this coat and mantle, this coat is my master's; they had been in the hall—there is a door from the hall into the garden—I had not seen either of the prisoners on that morning.

Cross-examined. Q. Did Door sell any hearth stones that morning? A. No, not to me—I am the only servant there—I did not see him at all—Iheard the door either open or shut, I cannot tell which.



Door was further charged with having been before convicted.

JAMES GRIFFITHS . I produce a certificate—(Read: "Clerkenwell, Oct., 1867; James Door, Convicted of larceny; Confined four months.")—I was present, the prisoner is the person.

GUILTY.— Confined Six Months.

5th April 1858
Reference Numbert18580405-450
VerdictGuilty > lesser offence

Related Material

450. MARIA SAVILLE (22) , Breaking and entering the dwelling house of John Johnson, and stealing 1 coat and other goods, value 3l. 10s., his property.

MR. COLERIDGE conducted the Prosecution.

MARY JOHNSON . I am the wife of John Johnson; I live in West Ham Lane. On 26th Jan., I went to the Victoria Hospital—I left my house fastened up; the door was locked, and every thing was safe—I went out about half-past 11 o'clock, and returned about 20 minutes past 5—I found my house fastened, just as I had left it—I missed four shirts, four sheets, two pillow-cases, a coat, a table-cloth, and other things; this is my table-cloth, here is a place in the middle which I darned; I know it by that—all those things were safe when I left, and were gone when I returned.

Cross-examined by MR. RIBTON. Q. Have you known the prisoner? A. Yes; I live at No. 6, and she lives at No. 2—I know this table-cloth, here is the place where I darned it; I left it safe with the other things; I saw it that day—I do not owe the prisoner any money—she did not come to my house several times and ask for fourteen shillings—I have a son; he did not live at the house at the time these things were missing; he is now in trouble—he has never left my house before, and taken my things and pawned them—I have never charged him with robbing me—I did not state about the neighborhood that my son had robbed me—when he came back, I did not charge him with taking all my things—I dare say my son staid away five or six weeks—I found that things were in pawn before he came back; that I am sure of—the prisoner has been in my house when I was ill—I can't say where my son was on the 26th Jan.—I can't say when he returned afterwards—my husband was out at work on 26th Jan.—I swear I did not owe this woman any money; I never owed her a halfpenny.

EDWARD GAMBLE (Policeman H 43). On 20th March, I took the prisoner into custody at her house—when I told her the charge, she ran up stairs—I ran after her, and saw her go to a cupboard—I said to Mrs. Johnson, "See if there is anything here belonging to you," and she identified this table-cloth—theprisoner said, "Mrs. Johnson, you can't say that I robbed you;" and she said the table-cloth was her own, and she had bought it at some place some time ago—Mrs. Johnson said, "No, it is mine."

Cross-examined. Q. Did Mrs. Johnson tell you any marks that were on the table-cloth before she saw it? A. No; she was turning over the things, and she said, "That is my table-cloth"—the moment she saw it, she said, "I mended it myself in the centre," and she knew it by this tear; she saw saw the tear before she said a word about it—no one lives in the house with her but her husband.

GUILTY of Stealing only.

5th April 1858
Reference Numbert18580405-451
VerdictGuilty > pleaded guilty

Related Material

451. MARIA SAVILLE (22), was again indicted for stealing 1 pair of trowsers, and other goods, value 2l. 5s. of John Johnson; to which she

PLEADED GUILTY .— Confined One Month.

Before Mr. Recorder.

5th April 1858
Reference Numbert18580405-452
VerdictNot Guilty > unknown; Not Guilty > unknown

Related Material

452. FREDERICK WHYBROW (13) and JAMES MELVIN (20) , Breaking and entering the dwelling house of James Handley, and stealing 1 writing desk, value 10s., his property.

MR. SHARPE conducted the Prosecution.

JOHN PADDICK (Policeman, K 301). On the night of 14th March, I was on duty in plain clothes, coming down towards Stratford—I saw the prisoner and another boy, and Whybrow had this box under his arm; he dropped it, and they all three ran away—I ran, and apprehended Whybrow, and gave him to a witness—I pursued Melvin, and called, "Stop thief," and captured him—I took him back to Mr. Ford's beer shop—I found on him this paper parcel, concealed in his trousers, and these other papers—I took the prisoner to the station—I found on Whybrow these envelopes and papers, and some small books, and this seal—Whybrow said that Melvin gave him the box to carry to Bow; and Melvin told me he picked it up.

Cross-examined by MR. BROOK. Q. Where was it you took the prisoner? A. At Stratford, about 150 or 200 yards from the toll bar; there is a watering place on the other side of the toll gate—I know Wanstead Flats; a person going from there to Bow would go by the toll bar; it is the nearest way—this was about 8 o'clock in the evening—I apprehended the other boy who was with the prisoner on the Monday following—I have ascertained that Whybrow lives in Mile End Road—he was going in that direction when I took him—he said he had the box given him to carry to Bow, and he was to have 1d. for carrying it—there was another robbery that evening, about a mile from Mr. Handley's—some property was stolen from there which was found on the prisoner.

JOHN HANDLEY . I live at No. 26, High Street, Stratford. On 14th March, I left home about a quarter to 6 o'clock in the evening; I returned about 10 minutes past 8 o'clock—I missed my writing desk—when I went out it was quite safe—this is it; it contained envelopes and papers—it is worth about 10s.—it had not been unlocked—I unlocked it at the station house.

GEORGE BIGGS . On the evening of 14th March, I picked up this desk opposite the horse pond at Startford—I saw Whybrow drop it—I kept Whybrow—I gave the desk to the officer when he came back with the other prisoner.

COURT. Q. How far was it from Mr. Handley's you picked up this desk? A. Not far; not a quarter of a mile—it was about a quarter past 8 o'clock.

Cross-examined. Q. It was near to Stratford toll bar, was it not? A. Yes—I was walking with the policeman from Bow—the prisoners were coming on the pavement, and they went into the middle of the road, and dropped the desk—Whybrow was behind the others when they ran; he ran about eight or ten yards—there was a watering place not far off.

Whybrow received a good character.



5th April 1858
Reference Numbert18580405-453
VerdictGuilty > lesser offence; Guilty > unknown
SentenceImprisonment; Imprisonment > penal servitude

Related Material

453. FREDERICK WHYBROW and JAMES MELVIN were again indicted for breaking and entering the dwelling house of James Hardman, and stealing 1 writing desk, 1 seal, and other articles, value 16s.; the goods of William Stanley.2d Count, Receiving the same.

MR. SHARPE conducted the prosecution.

WILLIAM STANLEY . I live at Mr. James Hardman's, at Stratford, and am ticket collector on the Eastern Counties Railway. On 14th March, I left my house in the morning to go to my employment—I left this writing desk on the table in the lower room; there were some envelopes in it and some letters directed to me, and this little parcel was in the desk—these papers (looking at them) were all in the desk—I do not think the desk was locked—itwas worth about 15s.

JOHN PADDOCK (policeman). I was on duty at Stratford, on the evening of 14th March, and apprehended the prisoners—I found on Melvin this paper parcel concealed in his trowsers—I found this seal on Whybrow, and these letters were in his pocket.

Cross-examined. Q. Did you ask him about these letters and this seal? A. No—I did not ask him about the desk, but he told me it was given him to carry—this desk of Mr. Stanley's was found on the Monday following, but it was not seen in possession of either of the prisoners.

WHYBROW— GUILTY of Receiving.—Recommended to mercy by the Jury. Confined Seven Days.

MELVIN— GUILTY .*— Four Years Penal Servitude.

Before Mr. Justice Crompton.

5th April 1858
Reference Numbert18580405-454
VerdictNot Guilty > no evidence

Related Material

454. CHARLES WILLIAM BILLING (36) was charged, on the Coroner's Inquisition, with killing and slaying James Wingate.

MR. PLATT, for the Prosecution, offered no evidence.


Before Mr. Recorder.

5th April 1858
Reference Numbert18580405-455
VerdictGuilty > pleaded guilty

Related Material

455. ROBERT PEARCE (19) Embezzling 4s. 3 1/2 d., the moneys of >Abraham Charles Holwell, his master; to which he

PLEADED GUILTY .— Confined Four Months.

Before Mr. Common Serjeant.

5th April 1858
Reference Numbert18580405-456
VerdictNot Guilty > unknown

Related Material

456. ALFRED LONDON , Stealing 50 pieces of wood, value 5s., the goods of Stephen Million.

MR. DOYLE conducted the Prosecution.

STEPHEN MILLION . I am a blacksmith, of Red Lion Market; Whitecross Street, and am the owner of a plot of ground in Benlah Road, Walthamstow, which I got in a Freehold Land Society, about a year ago. I erected a fence on the left hand side of it, dividing a piece of land, which the prisoner

had, from mine—that fence was constructed of wood, and strong posts, and palings—I dug a hole, set the posts in the ground, and then rammed the earth in around them—on 31st March, I went down and found the fence had been pulled down, and the best portion of it was removed into the prisoner's ground—a portion was remaining on my land, but it was all down—I saw the prisoner, and said, "Why you have made quite a ruin of it"—he said, "If you will give my men some beer, they shall look it up together again," and away he went—I began to look around, and saw a great portion of the wood on the scaffold of the house which he was building, and even over the doors and windows inside his building—I am able to say that it was my wood—I knew it—I saw the prisoner next day, and asked him why he had taken my wood; (there was a constable with me) that it had cost me 5l. to put up, and it was very hard to see it all pulled down, and used on his ground—he said, "I have a lawyer in my family"—he repeated that half a dozen times, and then went to the top of the scaffold, telling me that I might sue him in the County Court—the prisoner put his hand on some wood, and said, "Whose are these?"—I said, "They are mine, I can swear to them!'—the prisoner said, "No, they are mind"—this is some of the wood (produced)—these pieces were over the windows, forming the support for the arches—some of my wood he has put into his walls, built into the brick work.

Cross-examined by MR. ORRIDGE. Q. Then some of this fence was on your land, and some on his? A. The whole of my fence was on my ground—hetold me that I might sue him in the County Court, for he had done no damage, and that I might send for a policeman—I believe he was there all the time, superintending the building, and there were two bricklayers, a carpenter, and a man who digs foundations—the prisoner lives in Chiswell Street, and has lived there for a long time—he has been out on bail up to to-day—I have had no quarrel with him, that I know of—I have got a well on my ground, and there is one on his—I do not go across to it—I know Mr. Atkinson—Ihave complained of water being thrown on my land—I had a friendly talk with the defendant about that—I did not threaten to make him pay 5l.—I did not say so to Atkinson—there was no quarrel, I told him not to do it again—I never said to any body that I would make him pay for it, or rue it—when I told him that he had taken down my fencing, I think he said, "Oh, sure"—hedid not say that there had none of it been used with his sanction, or that he knew nothing of it—the policeman pointed out two pieces in the scaffolding, and he owned it—the policeman was in plain clothes—he did say, "I cannot say whether it is your's, or mine; but if the builder has taken it, he has taken it without my knowledge," he said, "Well, that is yourn"—he did not say, that when it was done with, I could have it—I wished him to make it all good, and he said, "Oh, no, I shan't;" he gave no reason, and I said, "Then I shall give you in charge, for stealing my wood"—if he had put it up, he would have heard no more of it—there has been no dispute about the boundary—he said, "Get a line, and measure it," and I got a line—after I put up the fence he did not say that it was on his ground, and that he would pull it down—it did not stand in the way of his building; he had no occasion to touch it—the line was brought to see that the holes, where he had pulled up my posts, were on my own ground—he had not told me that it was on his ground, but I brought the line to shew him that it was upon mine—I brought it voluntarily, by myself; I thought he would come and see it, and give no more trouble—he said that the fence was not on his ground—he did not say why he pulled it down—he was very off-handed, and went to the top of the scaffold—I had my plot a month before him—some of my wood was used to

hold up the scaffold—you could hardly get that out which was in the walls to put it back again—it is used to build an arch, with a piece of wood over to support it; I do not know whether they take it away afterwards—these are the pieces of wood which were supporting this arch—he sent his man to knock them out, when he was in the station house—it was the last day of March when I went down; I had not then, been down for about a month—I missed as much of the fence as would cost me 2l. or 3l.

MR. DOYLE. Q. Had the fence been up for twelve months? A. Yes—hedid not say that I had encroached, for he put a wire fence outside mine to keep his boundary.

JAMES RUGGLES . I am a sawyer and dealer in timber, at Walthamstow. I know the prisoner and the prosecutor, and know that Million had put up a fence to mark his boundary—towards the end of March I saw the prisoner on Mr. Million's land, taking down the fence with his own hands; he laid a portion of it on one side and a portion on the other; he spread it about—I did not see him take any of it away—I spoke to him about my own business and left him at work—a portion of the posts were bought of me; they are not here—I last saw them lying on the ground; I did not see them in the building—theyhave been removed from Mr. Millions premise—after the day I saw him pulling it down, I saw some of it on Mr. Million's part of the land.

Cross-examined. Q. What o'clock was this? A. Eleven or twelve o'clock in the day—I went there, and saw the wood lying there afterwards; I cannot say how much there was, because I know nothing about any wood except the posts.

WILLIAM SEAVENTON . I am in Mr. Million's employ, and assisted in building the fence. I know this to be part of the wood used on the premises, by putting it up—both these pieces belong to Mr. Million; I took great notice of them.

GEORGE HUNTER (Policeman, N 357). On Thursday morning, 1st April, I went with the prosecutor to the prisoner's plot of ground, and saw him there—two houses were being built, and Million pointed to some wood tied to the scaffolding and over the window, and some used in the construction of the house as bond timber—I was in plain clothes—I asked the prisoner the reason of his using the prosecutor's wood—he said that that was his business—theprosecutor gave him in charge—the prisoner is a carpenter; I saw him working at the carpenter's work.

Cross-examined. Q. An industrious man working on his land? A. Yes—somethingwas said about the County Court and about his solicitor—I cannot recollect the conversation—there were very few words, because the prisoner vould not answer the prosecutor.

MR. DOYLE. Q. Did the prisoner talk about having an attorney in his family? A. Yes.

The COURT considered, as the pulling down the fence and taking it away was all one act, that the wood never became a chattel, and therefore could not be the subject of a larceny at common law, but was only a trespass, and consequently that the Jury must acquit the prisoner.



Before Mr. Recorder.

5th April 1858
Reference Numbert18580405-457
VerdictGuilty > unknown

Related Material

457. SARAH GRIST, alias Jones (37) , Unlawfully obtaining the sums of 2l.,2l., and 2l. 10s., of certain railway companies, by false pretences.

MESSRS. BODKIN and ROBINSON conducted the Prosecution.

JOSIAH ROBERT PEARCE . In Nov. 1856, I was in the messenger's office of the South Eastern Railway. I remember an accident happening on 30th Oct. at Deptford station—a few days afterwards this note (produced) was put into my hands, in consequence of which I went to No. 33, Somer Street, Tanner's Hill, Deptford, the address contained in the letter—I saw the prisoner there, and showed her the letter, saying, that we had received it from her about her injuries—she said, "Yes; I was very much hurt"—I asked her what compensation she thought would be likely to satisfy her—she did not state any particular amount, so I suggested the amount which I paid her, 2l., and took her receipt (produced).—(The letter was signed Mrs. Grist, Tanner's Hill, Deptford, stating that, she was very much hurt in the back and loins, that she could not sit to work as a tailoress, and that she would be satisfied with a small compensation being very poor)—she did not say anything about where the accident occurred, and I took it for granted that she was in the accident—I paid her the money from my belief in the truth of that letter.

SARAH PERKINS . I live next door to the prisoner—I heard of the accident in Oct.—I saw the prisoner on the morning afterwards, and she asked me if I had heard of the accident, I said that I had not—she said that it was a very serious one, and happened in Church Street on the railway, and she knew a person in King Street who was injured, that Dr. Downing, who was attending him, told him that he was not to take any money that the railway company offered him—she said nothing about being injured herself, she appeared in her usual health—she did not tell me at what time the accident happened—Isaw her in the day before that conversation several times in the morning and at night, but there was no appearance of suffering about her—about a month after that conversation we had a little disagreement, and she shook her pocket at me, and said that she could produce more sovereigns than I could farthings—I said that if she could, I supposed she had got it by cheating some railway company, or some way that she ought not—I had not known from her about any application she had made to any railway company—shesaid that she had not cheated any one, she was not ashamed to show her purse anywhere.

Prisoner. She took a false oath against me once, and it was not likely I was going to tell her my business, when I had my husband to tell it to. Witness. She has insulted me twice, and I have had her at Greenwich court.

WILLIAM ATKINS . I am a surgeon, of No. 2, Rokeby Terrace, Deptford. From Oct, 1856, to Jan., 1857, I was surgeon to the Kent Dispensary—I attended the prisoner's daughter at my house with a dispensary letter to the latter end of Aug., 1856—some few weeks after that, the prisoner called on me, and asked me to give her a certificate of the cause of death of her daughter—I believed her daughter was well, as she had discontinued her visits to me two or three months before, this being quite at the end of the year—I told her that I could not give her a certificate of the cause of death, as I had not seen her for so long a period, and was not aware of her death—she said she thought I could, as I was the last medical man that attended her—she said nothing about any railway accident.

Prisoner. I did not say my daughter was dead; I said she was very ill, and if she was to die, would he give me a certificate; he gave me a false certificate of the poor dear baby's death. Witness. The child died of convulsions, and that is so in my certificate book.

EDWARD MAY . I was station master at Deptford. This accident occurred at about 10 minutes past 9 o'clock in the evening—I went to the assistance of

the passengers, and was there three minutes after the accident happened; it was 150 yards off; I saw the whole of the passengers—there was a female injured, who, I afterwards ascertained, was named Roberts—no other female complained of injury; I made enquiry of the whole of them.

Prisoner. There was Mr. Ayres, as well as me, and another lady besides, and a young woman was killed; she died soon afterwards. Witness. No one could have been killed without my knowledge; there was no one killed; there were sixty passengers, as two trains met each other.

WILLIAM COCKBURN . I am a clerk in the service of the South Eastern Railway Company. At the latter end of 1856, this letter was handed to me; and by the direction of the Company, I went to the address in it, Somer Street, Deptford, on the day following, and saw the prisoner—I explained to her that she had no right to expect the 2l. 10s. from us for the funeral expenses, as we had not heard of her sister being in the accident at all—she said that the letter was her's, and that her sister had been with her, but had omitted any claim for compensation, as she was not so much hurt as she was—I told her that, in consideration of her own case, the Company were quite willing to pay her 2l. 10s., which I paid hen, and took a receipt; I paid her, believing her to be in great distress, and believing the statement about her sister—she said that her sister lived with her up to the time of her death (the letter was here read).

COURT to SARAH PERKINS. Q. Had the prisoner any sister living with her? A. No.

JAMES KNIGHT . I live at No. 3, Waterloo Place, Deptford. I married the prisoner's daughter three years ago—I have known her five years—I resided with her about four months, in 1856, at No. 3, Somer Street, Tanner's Hill—I left in the middle of Oct., 1856—she had no sister living with her; and I never heard of her—I had a child, which died; and my wife was unwell, and was attending at the Dispensary with a letter; the is alive now—she has three daughters besides my wife; but I know that my wife was attending the Dispensary in July and August, 1856; there was no other sister attending the Dispensary at that time—the other daughters did not live with her.

SAMUEL SAW . I am Superintendant Registrar of Greenwich District, which comprises Deptford, in which this house is. I have no register of a death there between Oct. and Nov.; there is a register of the death of a child, in August, at the same house.

THOMAS BURRITT . At the end of Dec., 1856, or the beginning of January, I received this letter (Read: "Dec. 22nd, 1856—To the Directors of the Greenwich Railway.—Gentleman,—I am sorry to inform you my daughter died on the 17th, and was buried to-day. She was to have been married on Christmas Day. The cause of her death was the injury she received on the line. I hope you will pay her funeral expenses,2l. 10s. and 12s. 6d. I was obliged to pledge my bed and blankets to pay for the funeral. Oh dear! what shall I do! dear! dear! and all through your servants' neglect, or this would not have happened. I think I shall go out of my mind.—RUTH GRIST, Tanner's Hill, Deptford.") I went to that address on the same day, and saw the prisoner—I showed her the letter, and asked her if she wrote it, and she said "Yes"—I asked her if she was in an accident between Deptford and Greenwich; she said that she was; and her sister also, and her daughter, who had likewise died since from injuries which she had received—I asked her if she had got a certificate of the death of her daughter; she said that she had not—I

asked her who attended her daughter; she said "Dr. Atkins"—I told her I would call next day—I saw Dr. Atkins, and on the next day called on the prisoner, and found she was locked up for some assault an one of the neighbours—I also received this letter (Read: "To the Governors and Directors of the Greenwich Railway.—Sirs,—I am surprised that I have had no answer to the letter about my daughter's funeral. If I do not hear from you, I shall get a solicitor, who will have to be paid.—Yours respectfully, RUTH GRIST. ")

Prisoner's Defence. I know nothing at all about that letter; my name is Hicks.

GUILTY .— Confined Twelve Months.

There were three similar indictments against the prisoner.

5th April 1858
Reference Numbert18580405-458
VerdictGuilty > pleaded guilty; Not Guilty > unknown

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458. CAROLINE DIXIE (16) and SUSAN DIXIE (13) , Stealing 2 bottles of pickles, value 2s., the goods of Edward Challis and another: to which CAROLINE PLEADED GUILTY .

HENRY SMITH (Policeman, R 331). On Sunday, 12th March, at 1 o'clock, I was on duty at the Royal Hill Gardens, and saw the prisoners going along together—Susan looked at me very hard—I crossed over, and she ran away—Istopped Caroline, and asked what she had got there, pointing to her shawl, she hesitated, I lifted it up and found two bottles of pickles—I took her back to her father's house, and found Susan there—Caroline said that she had them from Mr. Challis, and I took them there—Susan said nothing.

EDWARD CHALLIS . I carry on business at No. 17, Church Street. I missed two jars of pickles like these from my window, when the officer brought in the prisoners—I had not seen them in the shop—she said she met the other one up the street—I do not think she is right in her mind; she has had her head shaved several times.


5th April 1858
Reference Numbert18580405-459
VerdictGuilty > pleaded guilty; Guilty > unknown
SentenceNo Punishment > sentence respited; No Punishment > sentence respited

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459. CAROLINE DIXIE and SUSAN DIXIE were again indicted for Stealing a brush, value 8d., the goods of Ebenezer Skinner: to which

CAROLINE PLEADED GUILTY.— Judgment respited.

HENRY SKINNER . I am in the service of Ebenezer Skinner, of Blackheath Hill. This brush is his property—it was not missed till the policeman brought it—we had only bought it a fortnight before—I do not know how lately it was safe.

ALFRED JOHN CROUCH (Policeman, R 92). When the prisoners were in custody, I went to their father's house, and found this brush—I took it to the cell, and asked the prisoners what account they had to give of it—Caroline said that she knew nothing about it—Susan said, "You had better tell the truth; we stole all the things"—I asked her who the brush belonged to: she said, "Mr. Skinner, of Blackheath Hill;" and that she waited outside, while Caroline went in to take it.

SUSAN— GUILTY .—Her father stated that her cousin led her into it, and that he was willing to pay something towards keeping her in a reformatory asylum.— Judgment respited.

5th April 1858
Reference Numbert18580405-460
VerdictGuilty > unknown

Related Material

460. EDWARD ATKINS (21) , Stealing 60 yards of calico. value 1l., the goods of Matilda Sprules.

MATILDA SPRULES . I am a haberdasher, of Blisset Street, Greenwich. On the evening of 6th Feb., I missed a roll of calico from my shop, at a few minutes before 7 o'clock—it was worth 1l.—it was returned to me after being produced on the former trial—I have used the greater part of it.

JOHN PEARSON . I live with Mr. Shaggs, a butcher, at Greenwich. On the Saturday night I was passing Miss Sprules' shop, and saw French, who

was tried last session (See page 443)—he crossed the road and came back again, and then the prisoner crossed the road and went into the shop, and brought out a roll of stuff on his shoulder—I went and told Miss Sprules what had happened—I am sure the prisoner is the person—I know him sight.

JANE SPINKS . I was going into Miss Sprules' shop, and saw French and the prisoner standing outside—the prisoner said to French, "Go in and get a halfpenny worth of black thread," and the prisoner came in behind me—Iwent across the road, and saw the prisoner walk into the shop and take the roll of calico.

JAMES MARGETSON (Policeman, R 373). On 17th March I took the prisoner—Iknocked at the door and asked if Atkins was in—I afterwards found him in the back parlour—I told him the charge; he said that he knew nothing about it—I had been looking for him for some days—I had been in the habit of seeing him before the robbery, but not since, till I took him.

GUILTY .— Confined Six Months.

Before Mr. Common Serjeant.

5th April 1858
Reference Numbert18580405-461
VerdictGuilty > pleaded guilty

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461. JOHN NICHOLLS (20) , Stealing 1 watch, value 4l., the goods of William Putt, from his person: to which he

PLEADED GUILTY .— Confined Six Months.

5th April 1858
Reference Numbert18580405-462
VerdictGuilty > pleaded guilty

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462. WILLIAM ARTON (33) , Unlawfully having counterfeit coin in his possession, with intent to utter it: to which he

PLEADED GUILTY . †— Confined Two Years.

5th April 1858
Reference Numbert18580405-463
VerdictGuilty > unknown

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463. JOHN FRANCIS (27) (a black), was indicted for a like offence.

MR. SCOBELL conducted the Prosecution.

JEMIMA HOWLES . I keep die Prince of Wales public house, at Greenwich. The prisoner came and made motions for half a pint of beer; my daughter served him—I saw him give her a bad sixpence—I returned it to him and took the beer from him, and he went away—he came again in quarter of an hour and made motions for half a pint of beer—I did not give him the beer, but took his money; it was a bad sixpence—I saw my husband mail it on the partition on the counter. (The evidence was interpreted to the prisoner.)

RICHARD RYE (Policeman, R 5). I received information, and met the prisoner in Greenwich—I said, "My friend, you are the man I am looking for;" he made no answer—I said, "You must come with me"—I took him to the station, and going along he took this bag from under his clothes and tried to throw it away secretly—I picked it up, another constable came and held him—the bag (produced) contained four shillings, nine sixpences, and three 4d. pieces; all bad—three of the shillings were wrapped up separately in paper—he was then searched, and on him was found 4s. 5 1/2 d. in good money—in the morning I went to the Prince of Wales and found this 6d. piece nailed to the partition—I took possession of it.

JOHN BENHAM (Policeman, R 375). I had the prisoner in custody in Jan. last for passing a bad 6d. piece at a public house—I said, "have you any more money about you?"—he said "No"—I put my hand in his pocket and pulled out his money—he said in English, "That is all good"—I spoke to him several times afterwards, but he did not answer.

WILLIAM WEBSTER . I am inspector of coin to Her Majesty's Mint. These two 6d. pieces uttered are all counterfeit—in the bag are three 4d. pieces from one mould, but not from the same mould as those uttered—here

are five sixpences of George III. from one mould; two of Victoria from one mould; and four shillings from one mould; all counterfeit.

Prisoner. I am a poor man going about, and I found it in the street.

GUILTY .— Confined Twelve Months.

5th April 1858
Reference Numbert18580405-464
VerdictGuilty > unknown

Related Material

464. CORNELIUS GROVES (22) , Stealing 11l. 4s. the moneys of Mark Wyeth, in his dwelling house.

MR. THOMPSON conducted the Prosecution.

ANN WYETH . I am the wife of Mark Wyeth, a labourer. In Oct. 1856, we lived at Wellington Terrace, Wells Boad, Sydenham, a four roomed house—theprisoner lodged with us for six months, and occupied the front room up stairs—other persons lodged with us, but they were all absent from the house—on 7th Oct., 1856, he left to go to work at 8 o'clock in the morning—I had 11l. 4s. in the house in two different purses; 10l. 17s. in one, and 7s. in the other—they were both kept in a tea caddy, which was locked, and I had the key—I had seen them that morning—the prisoner was not at home when I left home, and I never saw him again till last Tuesday at Greenwich; he had given notice to leave—he worked at the new reservoir at Sydenham—next morning I went to my caddy and found it broken open, and the money gone; and the two purses—it belonged to my husband—I gave information to the police.

Cross-examined by MR. BROOKS. Q. Had you any reference with him when he came? A. No—I missed nothing while he lodged there; his conduct had been satisfactory—I had not given him notice to go—the caddy was in the back bed room—he was not in the habit of going in there—I kept the door locked all day; I lock it when I leave it, but my little girl unfortunately left it open—I had other lodgers in the house, and my husband, my son and daughter, and the prisoner—the man still lives there who occupied the parlour—the money had been gradually accumulating for a year and a half—I was going to dispense with half of it in the following week to clothe ourselves—the prisoner paid us his rent regularly; he was in regular employment—I went out at 8 o'clock and returned at 7, leaving the house entirely in charge of my little girl—the prisoner goes to work between 6 and 7 o'clock in the morning.

COURT. Q. Had the prisoner gone to his work before you left that morning? A. No; he was in his bed room—he goes to work at 6 o'clock in the morning, but he was late that day—I saw the money safe at 8 o'clock just before I left home.

MARY ANN WYETH . I am thirteen years old, and am the daughter of the last witness. The prisoner lodged with my mother—on the day he left, he did not go to his work—he sent me for half a quartern of gin in the course of the day, and 1d. worth of walnuts, telling me to go down to the Fox, or I should not get it good; that is quarter of a mile off—it was then about half past 12 o'clock—there was another lodger in the house, but he was out—I left the prisoner alone in the house—on my return from the Fox, I met the prisoner a little way from my mother's house, he told me that he would be back in half an hour to drink the gin, and eat the walnuts—left my mother's bed room door shut, but not locked—the prisoner never returned.

Cross-examined. Q. How many people lived in the house altogether? A. Four; there were three more men lodgers besides the prisoner—my mother often kept her door locked, but not when she was in the room—the prisoner came down from his bed room about half past 8 o'clock—all this was nearly two years ago—I am now only thirteen—the prisoner gave me the money to

fetch the walnuts—when I came back, I went up stairs, locked the door, and took the key out, because I had forgotten it before—I did not lock it any part of the morning before—I did not lock the street door.

COURT. Q. Were the three men lodgers in the house or out of the house? A. They were all out when I went for the walnuts—my father and my brother were the first persons that came back, but neither of the men were in the house while I was away, as far as I know.

JOHN STRENGTH (Police sergeant, R 49). I received information of this robbery on the morning of 8th Oct., and searched for the prisoner, who I knew was living about Sydenham, but found he had left the neighbourhood—hewas taken by a constable on the morning of the 6th, at St. Alban's Gaol when his time had expired there, and brought up to London—I told him the charge, he said, that he never lived in Sydenbam, and knew nothing about it—andwhen the prosecutrix said that he lodged with her, he said, that he never lodged with her, and never was in Sydenham in his life.

GUILTY .*— Confined Twelve Months.

5th April 1858
Reference Numbert18580405-465
VerdictGuilty > unknown

Related Material

465. ELIZABETH LENNY (26), was indicted for stealing 2 handkerchiefs,1 coat, and 1 watch, value 6l. 12s.; the goods of Thomas Thomas.

THOMAS THOMAS . I am a shipwright. On 20th Feb., I was coming down New Cross Road, Deptford—I met the prisoner between 11 and 12 o'clock at night; I accompanied her home, and went to bed at No. 9, Mill Lane—she locked the door of the room, and I tried it afterwards—the key was left in it—I went to sleep, and between 1 and 2 o'clock I awoke, and found three men in the room, and the prisoner was gone—I went to put on my clothes, and I missed my coat and cap, and my watch, and two handkerchiefs—Ihad left them safe in the room when I went to bed—my watch, was under my pillow—I went and gave information—I went with, the policeman to the same house, about half-past 1 o'clock—we could not see the men nor the prisoner at that time—I went there again about 10 o'clock on the following night, and found the prisoner in the same room, in the same bed—she was alone—I gave her in charge for stealing my property—she said, "I don't know anything about you"—I have not seen any of my property since—I had been that evening to see a friend, and was coming home quite sober—I had never seen the prisoner before—I walked wiht her to Mill Lane—we went to a public house first and had some gin—we might stay there about ten minutes—I afterwards walked with her about a quarter of a mile—I went to bed directly—I am sure she is the same woman.

Prisoner. I never saw him.

JOHN JONES (Policeman, R 179). I saw the prosecutor in Mill Lane—he complained to me—I went to the same place again on the Sunday evening, and found the prisoner in bed—the prosecutor gave her in charge—she said she knew nothing about it—I have not found any of the property—the prosecutor was quite sober—I had seen the prisoner walking New Cross Road.

GUILTY .— Confined, Six, Months.

5th April 1858
Reference Numbert18580405-466
VerdictGuilty > pleaded guilty

Related Material

466. JOHN LEE (27) , Unlawfully uttering counterfeit coin: to which he

PLEADED GUILTY .— Confined Twelve Months.

5th April 1858
Reference Numbert18580405-467
VerdictsGuilty > pleaded guilty

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467. RUTH VYSE (16) was indicted for stealing 1 mantle, value 7s., the goods of Thomas Eckett, from the person of Charlotte Maria Eckett ; also, 1 nightgown, and 1s. 6d. in money, the property of Thomas Cotton, from the person of Sophia Elizabeth Cotton: to which she

PLEADED GUILTY .— Confined Four Months.

Before Mr. Recorder.

5th April 1858
Reference Numbert18580405-468
VerdictNot Guilty > unknown

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468. JOHN NETHERCOTE (26) , Stealing, 1 metal plane, 3 pieces of gun metal, 40 pieces of wood, and 2lbs. weight of screws, value 1l. 6s. 6d.; the goods of our Lady the Queen, his mistress.

MR. PAYNE conducted the Prosecution.

HENRY MORRIS . I am master wheeler in the Royal Arsenal carriage department, at Woolwich—the prisoner was employed there as a wheelwright since last Nov.—on 18th March, I found this metal plane secreted under the prisoner's work bench—it was suspended under the board which projects below the bench—the prisoner, the next day, was reported to Colonel Tulloch—thisplane was found on Thursday, and it was produced and shown to the prisoner, when he was taken before Colonel Tulloch, on the Monday morning—theprisoner acknowledged making it, but said it was for the use of the shop—I engaged the prisoner myself—I engage all the men, and the engagement is that they should find their own tools—they are not allowed to make tools out of Government property to work with—nothing was said to him about finding his own tools—it is not said directly to every man, but it is a standing rule in the place—a man cannot go to work till he brings his tools—theprisoner was told to come to work—I cannot swear that he was told to bring his tools—it is the practice of the wheelers when they come to work to bring their tools—the prisoner brought his tools with him—he had no right to use the Government property to make a plane to work with—this plane is worth about 1l.; the metal is worth about 15s.—after the inquiry the prisoner was suspended from his work—he then packed up three planes, and was going to take them out—he would have taken them out if I had allowed him to pass the gate—on examining them I found the mouth of the planes were bushed with brass, which, is a piece of metal let into the edge—I detained the prisoner on account of the brass being in the mouth of the planes—I told him so—I do not think he said anything—the pieces of metal were taken out of the planes; these are them—they are gun metal; such metal as is in use in the department—he had no right to have this metal in his planes—these chisel handles are of a kind of wood which is used for the greater part of the wheels of carriages fitted out for China—the prisoner had no right to have this.

Cross-examined by MR. COOPER. Q. Were the places in which these bits of gun-metal were used, in the government department? A. Yes; after the prisoner had been suspended, he came for his wages—I did not know where he was lodging—person's characters are not inquired after before they are employed—other workmen have not put those pieces to mend their planes to my knowledge—I have examined them since—I suppose the value of these wooden handles is about 1d. each—the materials of this plane are worth about 15s.—the prisoner was suspended on Monday, the 22d March.

JURY. Q. Has this one plane been used? A. I should imagine it has been used, just to try the working of it, I do not think any more—there is a printed notice put up in the shop—no man is allowed to repair a tool without giving me notice.

COURT. Q. But is it said that they must not make any tool? A. Yes, strictly forbidding it.

JAMES CLARK . I live in Broomfield Place, Plumstead. I am the foreman of the wheel factory at the Arsenal. The prisoner is employed there—Iwas present when this plane was found on the Thursday, and on the Monday following I found three pieces of gun-metal at the prisoner's bench—theywere in the rack in his bench—I took them to the

last witness—the prisoner had no right to have these pieces there at all—he was boxing wood for the gun carriages, the last few days he was working—he was making powder barrels—he would use some metal, but no gun-metal whatever.

Cross-examined. Q. Where do those men lodge? A. In Woolwich, some of them—I believe the prisoner lodged there, but I did not find him—hewould not us such a plane as this for powder barrels—I never saw a plane like this, I would not use it for wood—I have planed, but I have a wooden tool—I never saw a plane of this description before—I never heard that there was any quarrel with the other men and the prisoner about his not paying his footing.

JOHN SARGEANT (Policeman, R 107). I am on duty at the Royal Arsenal, at Woolwich. On Tuesday night, 23d March, I took the prisoner into custody, at hit lodging, at Woolwich—I told him it was on a charge of stealing three pieces of gun-metal, value 10d.—I showed him these pieces, which I received from Mr. Morris, the master wheeler—he said he had bought them in Petticoat Lane, and he afterwards said that two of the pieces were the property of the Crown, and one piece he had bought—I searched a box which was in the back yard; he said the box was his, and all that it contained—I found in it twenty-six pieces of wood of this description (produced), and fourteen smaller pieces of another sort of wood—I asked him how he came by this wood—he said he bought it in Woolwich; I asked him if, when he bought it in Woolwich, it was an entire piece of wood? he said it was—I asked hint where in Woolwich he bought it—he said he did not know—he afterwards said it was three pieces of wood that these were made of, and that he had them of a man for whom he was mending a chest of drawers and that the man's name was Bowden, who was employed in the carriage department as a fitter—I searched, his room, and found about 11b. 9oz. of brass screws, which were marked with the broad arrow, and about 2lbs. of iron screws—the prisoner was not present, when I found these.

Cross-examined. Q. There isa man named Bowden? A. Yes, he is employed in the Arsenal department—he is not here.

(The prisoner received a good character.)


5th April 1858
Reference Numbert18580405-496
VerdictGuilty > with recommendation

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496. JOHN NETHERCOTE was again indicted for stealing 1 ring engine, value 7s. 6d.; the goods of George Fredrick Young and others, his masters.

MR. LILLEY conducted the Prosecution.

SAMUEL COLE . I am storekeeper in the employ of George Frederick Young and others; they are ship builders, at Poplar. The prisoner was in their employ last Sept. twelve months—to the best of my knowledge he was there about six months, employed as a shipwright; it was at the time of the strike—amongstother tools in my charge, there was a ring engine—the workmen give their names to me when they want anything from the stores; they supply their own tools, but supposing any extraordinary tool is wanted, they apply to their employer for it, and this ring engine is such a tool—I have looked at it it is the property of George Frederick Young and Co.—while the prisoner was in their employ he had access to such tools as this—about the time of his leaving there were several tools missing, and one or two of these articles.

Cross-examined by MR. COOPER. Q. When he left, did they give him a certificate of good character? A. As far as I know, they did—this instrument is perfect with the exception of a handle which is put in here; it is worth 7s. 6d.—it would be of no use, but for one purpose—I know this as I have have had it in my possession several times, and you will see a mark on it—I have had no occasion to use it, but I have given it out—I had not seen

this for a considerable time; not for about eighteen months before it was shown to me—we had only thirty-two of these—they are given to the men to work with—the prisoner left the employ last Sept. twelvemonths; I put the names down, and the day of the month when they leave; I have not the book here—I do not put down to whom the tools are lent; I put the name of the tool on a slate; I have the slate but not the name down—I have not lent a great many tools in the last four or five months.

MR. LILLEY. Q. Did you ever lend one of these tools to the prisoner? A. No, I did not; he had no right to remove one of these tools.

COURT. Q. You say you missed some tools when he left; were any inquiries made about them? A. I am the person to make inquiries—I report it.

JOHN SARGEANT (Policeman, R 107). On Tuesday, 23d March, I apprehended the prisoner at his house, at Woolwich—I found three boxes containing tools; the prisoner said the boxes and the contents were his—one of them contained nine saws; in one of them I found this tool—Mr. Cole selected it when the boxes and tools were taken to the Arsenal, for the workmen to inspect them—I was present when Mr. Cole selected this—this was the only one of this sort that I found.

GUILTY .—Recommended to mercy by the Jury.— Confined Six Months.

5th April 1858
Reference Numbert18580405-470
VerdictNot Guilty > unknown

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470. JOHN NETHERCOTE was again indicted for stealing on 15th Jan., 1 spokeshave, value 1s., the property of Frederick Gardner.

MR. LILLEY conducted the Prosecution.

FREDERICK GARDNER . I am a wheeler employed in the Royal Arsenal—Ihave been employed there about fifteen years—I was there in the beginning of the present year—the prisoner was employed there at the same time; he came there after me—since the beginning of the year I have missed a spokeshave; it is somewhere about three months ago, but I cannot say exactly the date—I had last seen it on my bench—the prisoner worked two benches from me—after I missed it I made inquiries—I asked all round the shop—it was not restored to me—I next saw it produced by a policeman in the waiting room at the Arsenal gates; that was about the 24th March—I never lent it to the prisoner; I have a distinct recollection that I did not—this (produced) is my spokeshave—I had seen it safe two days before I missed it.

Cross-examined by MR. COOPER. Q. Were you always so positive about not having lent it? A. Yes; I never expressed a doubt, and said I could could not recollect—I never said I might or might not have lent it; it was so long ago—the prisoner was expected back to the yard—I had lent tools to other workmen, but I had never lent that spokeshave—I have had some lent to me; that is a thing constantly done—I never found amongst my own tools, the tools of other workmen which I had forgotten—I never did, I swear—the value of this is about one shilling—I cannot say whether I asked the prisoner about it; I inquired all round the shop—I cannot say whether it was in his hearing—when the work is going on there is a good deal of noise—the prisoner worked two benches off; I believe I spoke in his hearing—Ikeep my tools in a drawer—when the prisoner came, there was quarrelling between him and the men about not paying his footing—I did not hear them say they would do for his business in consequence.

MR. LILLEY. Q. When he does not pay his footing, is he not "Sent to Coventry?" A. It is so at times; we do not lend our tools to a man who has not paid his footing.

COURT. Q. Do you know whether the prisoner lost any tools of value while there? A. I heard him say he lost a rule—I cannot say how long the

prisoner had been working there—it was only some months—the dispute about paying the footing was some time after he had been there.

JOHN SARGEANT (Policeman, R 107). I was on duty at the Woolwich Arsenal on the 23d March, and I apprehended the prisoner at his house in Wensley Street, Woolwich—in the room I found some boxes containing tools—there were three boxes containing small tools, and one long one contaning saws—the prisoner said they were his—I found among the tools this spokeshave (produced)—the other tools found were all laid out in a room at the Arsenal, in order that the workmen might come and select any they could identify—the prosecutor came and he identified this.

Cross-examined. Q. Was not the conduct of the prisoner quite open, and did he not say the tools were his? A. Yes; he put no impediment in the way of my searching—the prosecutor said nothing at all to me about lending the tools.


5th April 1858
Reference Numbert18580405-471
VerdictNot Guilty > unknown

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471. JOHN NETHERCOTE was again indicted for stealing 1 chisel, value 1s., the property of James King.

MR. LILLEY conducted the Prosecution.

JAMES KING . I am a wheeler, working in the Royal Arsenal. The prisoner was employed in the same capacity—I have been employed there about two years; the prisoner came early in November last—I worked at a bench in the shop at first—I left that, and went to work at a machine—the prisoner suceeded me at my bench—my tools were left in a chest under the bench—Idid not, at any time, miss any of my tools—I had no occasion to use them when I went to the machine; and I continued to work there—on 24th March, from information I received from the foreman, I went where some tools were spread out—I there saw this chisel (produced)—I know it by a burn on the handle—I have no doubt about it, I have had it for seven years—Inever lent it to the prisoner, I am sure; I never lent him any tools—after I saw the chisel, I went and examined my chest—I found a chisel missing.

Cross-examined by MR. COOPER. Q. Had there not been some dispute about paying the footing? A. I know nothing about it; I know this chisel by the burn on the handle—I am quite sure of it—I have many valuable tools in my chest; I have many more chisels; that is the only one I missed—Ido not know how many tools there are in my box; there are plenty more than this—I have some valuable planes; but that is all that was taken away—Ihave never taken other men's tools, when they have been close at hand, and I wanted them—I was always on good terms with the prisoner—I did not know he was coming back; I did not trouble myself about it.

JOHN SARGEANT (Policeman, R 107). I apprehended the prisoner on 23d March—I searched the room where I apprehended him—I found that chisel in one of the boxes; it was taken to a room in the Arsenal.

The prisoner's statement before the Magistrate was read as follows: "I never stole it; I borrowed it."


Before Michael Prendergast, Esq., Q.C.

5th April 1858
Reference Numbert18580405-472
VerdictGuilty > unknown
SentenceImprisonment > penal servitude

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472. HENRY DAY (23) , Feleniously wounding James Russell, with intent to resist his lawful apprehension and detainer. 2d COUNT, with intent to do grievous bodily harm.

JAMES RUSSELL (Policeman, R 282). On Wednesday morning, 10th March, I was on duty in the Greenwich Road—I was in uniform—I looked into a gateway in front of Maitland House; it was a sort of shrubbery—I saw the

prisoner there upon his hands and knees—he was about ten fe