The Proceedings of the Old Bailey

 

OLD COURT.—Monday, November 23rd, 1868.

Before Mr. Recorder.

 

1.   GEORGE THOMPSON (36), and   JOHN CLAYTON (20), were indicted for indecently assaulting each other.

MR. STRAIGHT conducted the Prosecution; and MR. BROMLEY defended Clayton.

NOT GUILTY .

NEW COURT.—Monday, November 23rd, 1868.

Before Mr. Common Serjeant.

 

2.   EDWARD MERCER (24) , PLEADED GUILTY to feloniously marrying   Bridget Mary Phillips, his wife Eliza being alive— Nine Months' Imprisonment.

 

3.   WILLIAM OSWALD (23) , to stealing thirty-three pistols of   John Kerr, his master— [Pleaded guilty: See original trial image.] Twelve Months' Imprisonment.

 

4.   JAMES HOYLE (20) , to embezzling the sums of 4l. 10s., 1l. 12s, and 7l, of   Mark Hutchinson and others, his masters— [Pleaded guilty: See original trial image.] Eighteen Months' Imprisonment.

 

5.   ANN EVANS (31) , to stealing 1lb. of bacon of   Benjamin Starr, having been before convicted— [Pleaded guilty: See original trial image.] Twelve Months' Imprisonment.

 

6.   EDWARD JOHN CARTER (34) , to stealing silver spoons and forks, value 70l., of   George William Adams, his master— [Pleaded guilty: See original trial image.] Recommended to Mercy by the Prosecutor— Twelve Months' Imprisonment.

 

7.   THOMAS EDWARDS (14) , to stealing 1l. 4s. 5d. and a purse from the person of   Mary Eleanor Lawson, having been before convicted— [Pleaded guilty: See original trial image.] Two Months' Imprisonment and Three Years' in a Reformatory.

 

8.   GEORGE PERRY (25) , to stealing a post letter, the property of   Her Majesty's Postmaster-General— [Pleaded guilty: See original trial image.] Five Years' Penal Servitude.

 

9.   HENRY AUGUSTUS PRIER (30) , to stealing a post letter, containing postage stamps, the property of   Her Majesty's Postmaster-General— [Pleaded guilty: See original trial image.] Five Years' Penal Servitude.

 

10.   FREDERICK PIANI (24) , to three indictments for forging and uttering orders for the payment of 5l. 2s. 6d., 9l. 15s., and 3l. 15s., with intent to defraud— [Pleaded guilty: See original trial image.] Seven Years' Penal Servitude.

 

11.   EMMA

LINSTEAD (28) , to feloniously uttering counterfeit coin— [Pleaded guilty: See original trial image.] Two Years' Imprisonment.

 

12.   JOHN BAKER (18) , to unlawfully uttering counterfeit coin— [Pleaded guilty: See original trial image.] Nine Months' Imprisonment. And

 

13.   WILLIAM CANTRELL (50) , to a like offence— [Pleaded guilty: See original trial image.] Nine Months' Imprisonment.

 

14.   JOHN CALDICOTT (24), was indicted for uttering counterfeit coin.

MR. CROUCH conducted the Prosecution.

  JOSEPH SCHOFIELD . I am a victualler, of Snell's Park, Edmonton—on 5th October, about 9 p.m., the prisoner tendered me a florin for a half quartern of gin—I bent it with my teeth, and struck it on the counter—he called my attention off for a moment by asking for a biscuit—he left the house—I broke the coin in two pieces, and went out and brought him back—the pieces were on the counter—he made a grab at them, got one piece, and swallowed it—I got the other piece—he offered the change back—I said, "You have passed a bad 2s. piece"—he said that he had not—I said, "I tried to stop you from swallowing it; you have swallowed a piece"—he said, "I have not"—I went for a policeman, and gave him in charge—he offered my wife the change to let him go.

  JOHN POOLE . I am Mr. Schofield's assistant—what he has stated is true—I saw the prisoner put the piece of coin into his mouth, and did not see it afterwards.

  GEORGE SEYMOUR (Policeman Y 178). I was called, and took the prisoner—Mr. Schofield said that he had swallowed one piece, and gave me the piece he said he had not—I found 1s. 9 1/2d. on him in one pocket, and 2 1/2d. in the other.

  WILLIAM WEBSTER . I am Inspector of Coin to Her Majesty's Mint—this is a fragment of a bad florin.

GUILTY .*— Six Months' Imprisonment .

 

15.   GEORGE HANDY (24), was indicted for a like offence.

MESSRS. COLERIDGE and WEIGHTMAN conducted the Prosecution.

  MARY ANN BILLINGTON . My father is a tobacconist, at 2 1/2, Ebury Square—on 27th September, I served the prisoner with half an ounce of tobacco, which came to 2d.—he gave me a shilling—I put it in the till, and afterwards thought it was bad, took it out, tried it, and gave it to my father—I gave the prisoner no change, there was no money in the till—my father told him it was bad—he said he knew where he took it an hour ago.

  THOMAS BILLINGTON . I am a tobacconist—my daughter gave me this shilling, and I tried it with my teeth, found it gritty, and told the prisoner it was bad—he said, "Is it? I know where I took" and pulled out a good one—I gave him change, laid the bad coin on the edge of the counter, and the prisoner took it up and took it away—I had not defaced it.

  ELIZABETH BAXTER . I am the wife of William Baxter, a shoemaker, of Ebury Street—on 6th October, the prisoner came for a pair of boots, which he had left to be repaired—they came to 4s.—he gave me a half-crown, a shilling, and 6d. in half-pence, which I put in a mug on the mantel shelf, where there was no other money—a short time afterwards I saw my husband go to the mug—I had put no other money there—I had none in the house, and there was no other person in the house—my husband took out a bad half-crown and gave it to the constable.

  WILLIAM BAXTER . I am a shoemaker—I went to the mug, and found this half-crown, one shilling, and sixpence in half-pence—I put the half-crown to my teeth, found it was bad, and gave it to 388B.

  ELIZA RADFORD . I am the wife of Francis Radford, a baker, of 207, Ebury Square—on 7th October, the prisoner tendered me a shilling for a twopenny loaf—I tried it, laid it on the counter, and said that it was bad—he said, "It is a rum looking one, I never saw one like it before," and gave me a new shilling, a good one—my husband gave prisoner in charge with the shilling.

  MICHAEL MURNAND (Policeman B 388). I took the prisoner, and received this shilling from Mr. Baxter—this shilling (produced) was on the counter—I found on the prisoner a sixpence and 6¼d. in coppers.

  WILLIAM WEBSTER . This is a bad shilling and a bad half-crown.

GUILTY .— Twelve Months' Imprisonment .

 

16.   EMMA ROGERS (21), was indicted for a like offence.

MESSRS. COLERIDGE and WEIGHTMAN conducted the Prosecution.

  JANE ESTHER SPINKS . I am the wife of William Spinks, a greengrocer, of 166, Turner Road, Bow—on 23rd October, I served the prisoner with 2lbs. of potatoes and a pennyworth of onions, which came to 2 1/2d.—he gave me a florin—I put it under a vase on the chimneypiece by itself, and gave him change—when my husband came home he said that it was bad—on 26th October, the prisoner came again for 3lbs. of potatoes and 3lbs. of apples, which came to 5d.—she gave me a crown—I gave it to my husband, who went out to get change—the prisoner waited in the shop till he returned, said that it was bad, and gave her in custody.

Prisoner. I was not there on the 23rd, I was in the London Hospital. Witness. I am sure you are the person, I told my husband so before I served you.

  WILLIAM SPINKS . I am a greengrocer—on Friday, 23rd October, I found a bad florin under a vase—I left it there by itself, and afterwards gave it to the constable—on the Monday I received a crown from my wife—I went into the shop, and saw the prisoner there—I went across the road to ask a gentleman to go for a policeman; when I came back I said, "I cannot get change for this, it is a bad one"—she said, "I took it at Mr. Nathan's, the pawnshop, and did not know it was bad; I had taken a bad 2s. piece before that"—I said, "That accounts for my having it, I suppose," and told her I had it on the 23rd—she said that she was not at my shop on the 23rd—I gave her in custody.

  WILLIAM BRIDGLAND (Policeman A 52). I received this florin and crown from William Spinks, and took the prisoner—I told her the charge—she said, "I acknowledge to the 5s. piece, but not to the florin. I was at the shop, but I paid for what I had with a shilling."

  WILLIAM WEBSTER . This half-crown and florin are bad.

Prisoner's Defence. I was not there on the 23rd, and never gave the 2s. piece. I gave the 5s. piece, not knowing it to be bad.

  WILLIAM SPINKS (re-examined). She said that she was there on the previous Friday. GUILTY .— Nine Month' Imprisonment .

 

17.   RICHARD HARRINGTON (23),   BENJAMIN WATKINS (28),

and   GEORGE GUNDRY (21), Unlawfully uttering counterfeit coin, having other counterfeit coin in their possession.

MESSRS. COLERIDGE and WEIGHTMAN conducted the Prosecution.

  ALFRED EVERSHED . I am a general dealer, of Francis Street, Fulham—on 4th November, about 10 o'clock a.m., I served Gundry with half an ounce of tobacco—he tendered me a shilling—I told him it was bad—he said, "A young man in London gave me a half-crown; I spent 1s. 6d, and this shilling is the remainder"—he wanted it back, but I said, "No, I shall chop it in half; no, I will not do that, I will nail it to the counter"—he said, "I have got no more money;" and away he went, and I saw him join Harrington outside the door—they went away together—I kept the shilling nailed to the counter till I gave it to Sergeant Rogers.

  ALFRED PATCH . I live with my father, who keeps the Crown and Anchor, Tottenham—on 4th November, about 1.30, I served Harrington with a half pint of beer—he offered me a bad shilling—I bent it, told him it was bad, and he threw down a good one—I gave him change, and gave him back the other—MR. Grant was in the shop.

  WILLIAM GRANT . I am a fish-dealer, of Turnham-Green—on the 4th November I was at Mr. Patch's, and saw Harrington chuck a shilling on the counter—MR. Patch saw it was bad—Harrington went out and I followed him—I went into a shop—when I came out I saw the other two—Harrington joined Watkins and then Gundry came along the road, and they went on together—I saw all their hands together, but could not see whether anything passed—they went towards Hammersmith, towards Gregg's the baker's.

  PHOEBE GREGG . I am the wife of William Gregg, a baker, of Turnham Green—on 4th November Harrington came in for two halfpenny buns—he gave me 1s., I put it into the till where there was one other shilling; it was smooth and bright; the one Harrington gave me was black—someone afterwards came in—I took out the black looking shilling, found it was bad and gave it to Sergeant Rogers—I can swear it is the one I received from the prisoner.

  SARAH HOUGHTON . I keep a cigar shop at Turnham Green—on 4th November, about 1.30, I served Gundry with a penny cigar—he gave me 1s.; I bent it and told him it was bad—I laid it on the counter; he took it up and paid me with a good one.

  WILLIAM ROGERS (Police Sergeant T 13). On 4th November I received information and watched the prisoners between Kew and the turnpike—I saw one of them cross to Mr. Gregg's shop, but cannot say which it was—he came out again, joined the other two, and they all three walked on together—I went in and received a bad shilling from Mrs. Gregg—I came out and saw the prisoners together—they went into the White Hart—I said to Gundry, "I want you"—he said, "What for?"—I said, "For passing bad money"—I took him into the White Hart, where two constables had charge of the other two—I told them all that they were in charge for passing bad money—they said nothing—I said, "One of you has been into the baker's, and passed bad money"—Harrington said, "I did not know it was bad"—I found on Harrington 1s. 6d. in silver, and 18d. in copper; on Watkins, two florins, four shillings, twenty-four sixpences, one groat, six threepenny pieces, and 11d. in copper; also, this bad shilling, wrapped in paper—I told him it was bad—he said he must have taken it when he drawed his wages—on Gundry I found 4d. in silver and 3d. in copper—I received a bad shilling from Mr. Evershed.

Harrington. I said that I had been into the public house, not into the baker's. Witness. You said the public house.

Watkins. Did not I tell you that I knew it was bad; I wrapped it up in paper the day before, so as not to pass it. Witness. No.

  WILLIAM WEBSTER . These three shillings are bad—those passed by Harrington and Watkins are from the same mould, and this of Gundry's from a different mould.

Harrington's Defence. I took a sovereign for my week's wages, and changed it; I did not know the shilling was bad.

Watkins's Defence. A man told me that the shilling was bad. I put it in paper, and put it in my pocket to take it back to the railway station where I received it—the good money I had was what my wife gave me to fetch a watch out of pawn.

Gundry's Defence. I told Mr. Evershed that I did not know good money from bad.

HARRINGTON and GUNDRY received good characters— GUILTY — Nine Months' Imprisonment each . WATKINS— GUILTY — Eighteen Months' Imprisonment.

 

18.   EMILY CURTIS (39) , Unlawfully uttering counterfeit coin.

MESSRS. COLERIDGE and WEIGHTMAN conducted the Prosecution.

  MARY ANN AMOS . I am the wife of Joseph Amos, a butcher, of Millwall—on 31st October, about 1 o'clock, I served the prisoner with some potatoes, which came to 3 1/2d.—she gave me a florin, and I gave her 1s. 8 1/2d.—before she left the shop I saw that it was bad, and put it on a shelf—she came again between 9 and 10 in the evening, and I said, "You are the person who gave me the bad 2s. piece this morning"—she said, "You might be deceived"—I said, "I am sure I am not; I gave the full description of you to the policeman when he passed by"—she was taken by another constable, and I gave him the florin.

  JAMES RUSSELL . I am manager to the last witness—on 31st October, about 9 in the evening, the prisoner came in for two chops, which came to 6 1/2d., and gave me a half-crown—I said, "This is a bad one"—my mistress came out of the parlour and said, "You are the woman who gave me the 2s. piece this morning"—she said, "Oh, is it; you might have been deceived"—she was given in custody, with the half-crown,

  ONESIMUS JOINER (Policeman K 148). The prisoner was given into my custody by Mrs. Amos—3d. in copper was found on her.

  WILLIAM LWEBSTER . This florin and half-crown are bad.

Prisoner's Defence. I was not there with the 2s., only with the half-crown—I did not know it was bad.

GUILTY — Nine Months' Imprisonment .

 

19.   ROGER MAXWELL (48), was indicted for a like offence.

MESSRS. WEIGHTMAN and STRAIGHT conducted the Prosecution.

  RACHEL GREEN . I am the daughter of Solomon Green, of Goulston Street, Whitechapel—on 5th September, about 7 p.m., I served the prisoner with a pint of half-and-half, which came to 2d.—he paid me with a bad florin—I gave it to my father—the prisoner asked for it back—I refused to give it to him—he went towards the door—my father tried to prevent his passing.

  MORRIS ISAACS . I am a glass dealer—on 5th November, about 7 p.m., I was at Mr. Green's beer-house—I saw the prisoner put a florin on the counter—the girl said, "Is this good?"—I said, "Call your father," and Mr. Green came in and bent it.

  SOLOMON ABRAHAM GREEN . I saw the prisoner asleep in my tap-room, about 5 o'clock in the day—I roused him, and told him I did not keep a lodging house—he went out, and about 6.30 I found him there again and turned him out—about 7 or 7.30, my daughter called me and gave me this florin—I asked the prisoner where he got it—he said, "I have been at work today"—I said, "You have not, you have been asleep here, and I turned you out"—he said he had got a good shilling to pay with—I said, "If you have got a good shilling you know this is a bad one"—on Monday evening, the 2nd, he gave me a 6d. blacked over with ink—I gave it to somebody, who broke it with his teeth and gave it to the constable.

  JAMES NEWBURY (Policeman H 26). On 5th November, Mr. Green charged the prisoner with passing a bad florin—I searched him, and found 1s. and two half-pence on him—MR. Green gave me this 6d.

  FREDERICK AYRES . I am a tobacconist, of 173, Brick Lane, Spitalfields—on 25th August, between 5 and 6 o'clock, I served the prisoner with half an ounce of tobacco—he put down a shilling—I put it between my teeth, and said, "Have you got any more of these? this is bad"—he said, "I have got a good shilling, take it out of that; I have two or three children, and I hope you will not give me into custody"—but I did, and he was discharged by the Magistrate—he came into my shop two or three days afterwards, and was going to insult me, and I gave him in charge again.

  JAMES BENHAM (Policeman H 68). I took the prisoner on 25th August for passing a bad shilling to Mr. Ayres—he was taken to Worship Street Police Court, remanded, and discharged—he gave his name, Roger Mack.

  WILLIAM WEBSTER . This florin, shilling, and sixpence, are bad.

Prisoner's Defence. I earned 4s. that day and spent 11d.—I did not want to give the florin to my landlord, or he would have kept the whole, so I changed it to give him 1s. 6d. of it—I am innocent.

GUILTY .— Nine Months' Imprisonment .

OLD COURT.—Tuesday, November 24th, 1868.

Before Mr. Recorder.

 

20.   WILLIAM CARTER (21), and   WILLIAM PHEBY (38), were indicted for stealing a scarf pin of   John Robinson, from his person.

  GEORGE WHITNEY (City Policeman 98). On 9th November I was with Obee, another officer, in Cheapside, and saw the prosecutor endeavouring to get away from two persons, not the prisoners—I saw the two prisoners come from the opposite side of the road—Pheby placed himself immediately in front of the prosecutor—Carter went on his left side, and put his right hand on the prosecutor's shoulder, and drew the pin from his scarf—Pheby, at the same time, was preventing his getting from the crowd—Carter's hand was immediately seized by myself and Obee—he had the pin in his hand, and it went through the inside of one of his fingers, and it commenced to bleed—he passed the pin—there were ten or a dozen hands endeavouring to get it—it went from Carter to some person, I could not say who—I took Carter

to the station, with some assistance—he was very restive—I was obliged to get the assistance of mounted police to get me through the crowd.

  SAMUEL OBEE (City Policeman 899). I was with Whitney—I have heard his account, it is correct—when Garter drew the pin from the gentleman's scarf Whitney and myself tried to get his hand—at the same time Pheby put up his hand, and Carter pressed his hand in the struggle, and Pheby took the pin and threw it up in the air—I caught it as it came down on one of their shoulders, and just managed to reach it—this is the pin (produced).

  JOHN ROBINSON . I am clerk to a stockbroker, and livid at 6, Coburg Terrace—this pin is mine—I did not know of its loss until it was shown to me—I was in the crowd, going on business—it was during the procession on Lord Mayor's Day.

Carter's Defence. I was just by Guildhall. I ran across the road to get out of the way of the horse police, when I was laid hold of—I know nothing about it.

Pheby's Defence. I was by Guildhall, waiting for the show, the same as a great many others. A crowd came, and the officer caught hold of me. I did not know what for.

CARTER*— GUILTY .— Twelve Months' Imprisonment .

PHEBY— GUILTY .— Nine Months' Imprisonment .

 

21.   JOHN HOLLOWAY (21) , Burglariously breaking and entering the dwelling-house of   William Brine, and stealing 26 lbs. of cigars and other goods, his property.

MR. BROMLEY conducted the Prosecution.

  WILLIAM BRINE . I am a tobacconist, of 20, St John's Road, Shoreditch—on the night of 12th November I went out, about 11.25, leaving the shop door locked—when I came back in the morning I found the police there, the place in disorder, and everything cleared away that they could lay their hands on—this property (produced) is mine.

  JAMES O'BRIEN (Policeman N 257). On the night of 12th November, about 11.45, I was on duty in St. John's Road, and saw a light over the door of No. 20—I waited a few minutes, and the prisoner came out, carrying a bag of tobacco—as soon as he saw me he dropped it, and attempted to run out at the back—I caught hold of him, and struggled some time—another constable came up, and we took him to the station—I found a key on him—there were two other men in the shop; they escaped—I afterwards found this jemmy in the back garden, and in the shop there was a bag of cigars ready to be taken away.

Prisoner. I was coming along, about 11.30, the shop door was open, I went in and asked for half an ounce of tobacco. They served me, and then asked if I would go and get a cab for them. I said I would. I got to the street door, and the policeman came and took me. I had nothing on me. Witness. He had not half an ounce of tobacco on him—there was a candle behind the counter, partly lighted—the entry had been effected by the front door, it was forced open—the key I found on the prisoner did not open it.

  JOHN MANNING (Policeman N 171). On the night of 12th November I saw the prisoner at 20, Oxford Street, in custody of last witness—he sat down on a stool, and I afterwards found there three pipes where he had been sitting. GUILTY — Nine Months' Imprisonment .

 

22.   WILLIAM ROBERT GOODWIN (34), was indicted for bigamy.

MR. STRAIGHT conducted the Prosecution; and MR. DALY the Defence.

  DIANA HOPKINS . I am a widow, and live at Ailsham, in Norfolk—about 7th August, 1849, the prisoner was married to my daughter at the parish church, Ailsham—I was present at the marriage—they lived together afterwards for about five years, part of the time at Ailsham and part at Norwich—at the end of the five years ray daughter left him and returned home—she is not living with me now, she is living at Yarmouth; she has been living there better than a twelvemonth—before that she was living with me at Ailsham—since my daughter came home I saw and heard nothing of the prisoner until about a month back, when I was taken to see him—I believe he is a native of Norwich.

Cross-examined. Q. Did the prisoner say anything to you about a charge against his wife while they were at Norwich? A. No—he never told me about her having committed adultery—I never heard of it—I understand that he sold off all his furniture at Norwich and left the place—I did not hear it from him; that was the time my daughter came back—at the time of the second marriage (19th May, 1866), I do not know whether my daughter was living with me or in Yarmouth—I don't know where she was—I saw her last a month ago, she was living with me for about two years after she left the prisoner—she left me about two years ago, to get a better situation as she had not any employment in the place.

  GEORGE INGALL . I am clerk to Messrs Lewis & Sons, solicitors to this prosecution—I obtained this certificate at Ailsham Church—I examined it with the original; it is an authentic copy—(This certified the marriage of William By grave and Eliza Hopkins, both minors, on the 7th August, 1849).

  SARAH ANN HOY . I live with my father, at West Horndon, Essex—on the 19th May, 1866, I was married to the prisoner, at St. Leonard's, Shoreditch—in 1865 I was keeping company with him at Broxbourne, where I was in service—I became acquainted with him at the latter end of August or the beginning of September, 1865—he told me he was single—he told me he came from Norwich—someone told my mistress he was a married man, and he said to me and my father that he was single.

Cross-examined. Q. Did he behave kindly to you? A. Yes—this charge is preferred by my friends.

  HENRY WILTON . I am clerk at St. Leonard's Shoreditch—I was present when the prisoner was married to Sarah Ann Hoy—I produce a copy of the register—(This certified the marriage of William Robert Goodwin, bachelor, aged 29, and Sarah Ann hoy, spinster).

  WILLIAM FARRELL (Policeman H 176). I apprehended the prisoner at Norwich, on 28th October last, at the Guildhall—he was told by the Magistrate what the charge was—he said that he heard some years ago that his wife was dead, and he wished she was; alluding to his first wife, who was then in Court—he said that his brother was living with his wife at Yarmouth, and that the instigation of his leaving his wife was that he saw his brother in bed with her—that was thirteen years ago.

The Prisoner's Statement before the Magistrate. "I have not seen my first wife for thirteen years. I can prove adultery against her. I thought she was dead; I heard so."

MR. DALY called the attention of the Court to "Reg. v. Callen," 9 Car. and Payne; and "Reg. v. Thomas;" and submitted that in the absence of proof that the prisoner was aware of his first wife's existence for seven years, he was

entitled to an acquittal. THE RECORDER considered that the facts were for the Jury. The prisoner received a good character.

GUILTY.—Recommended to mercy by the Jury.— Six Months' Imprisonment .

 

23.   RALPH WATSON (12) , Feloniously wounding   Harry Fabry, with intent to do grievous bodily harm.

MR. DALY conducted the Prosecution.

  HARRY FABRY . I am twelve years old—I live with my father, a locksmith, at Harrow, and work for him—on 19th November, I was at work, pointing a wall, on the Mount Estate, Harrow—about 4 o'clock that day, the prisoner came up to me—I told him to go away—he said he should not—I told him again to go—he said he should not for me—I said "Go away, you young hypocrite"—he said he should not; and then he said, "You have got a trowel, and I have got a knife, and I will make you fight me"—I said, I should not fight at my work, and I turned round and went on with my work—he jumped on to the scaffold, took hold of my left hand, turned me round, and gave me several blows—he gave me five blow—I saw the blade of a knife in his hand—I did not know I was stabbed—I jumped down off the scaffold, and picked up a brickbat, and ran after him, and threw it at him—I then found myself bleeding—I had never seen the prisoner before.

Prisoner. He began upon me when I was going up the hill. Witness. I did not—I was at my work when he came up to me.

  THOMAS FABRY . I am father of the last witness—I was foreman at these works at Harrow, building a wall—my son was at work there—on Monday, 19th, he was engaged under my orders—I heard some boys coming up the road, and saw the prisoner come very close to where my boy was at work—he turned round to order them away, as I had given him orders in the morning—they stood a few minutes looking at him, and I saw the prisoner run and jump on the scaffold, and saw his hand go like this—I was not aware that he was stabbing him till I got close to him—I unbuttoned his waistcoat, and blood was pouring furiously from his throat—he was stabbed in five places—I took him to the doctors.

Prisoner. He called me a b——young hypocrite. Witness. No such words were used, or I should have heard them.

  JAMES STANGE (Policeman X 245). I took the prisoner into custody—I found him under a hedge, two fields off—I said, "What do you do hid there?"—he made no answer—I pulled him out, and asked him to give me the knife he stabbed the poor boy with—he said he had not got it—I said, "I shall look you up for stabbing the poor boy"—he said, "He had no business to swear at me"—afterwards he said at the station, to his mother, he threw it away in the hedge—it has not been found.

GUILTY of unlawfully wounding .— Judgment respited .

 

24.   WILLIAM WATERS (20) , Stealing a watch, of   William Curtis, from his person; and   JOSEPH SMITH (38) , Feloniously receiving the same.

MR. COOPER conducted the Prosecution; and MR. BROMLRY the Defence.WILLIAM CURTIS. I live at Walworth Common, and am a foreman platelayer on the London and South Western Railway—on 24th December, 1867, I was in Newgatge Market, and took my watch, which had been supplied to me by the company—Isaw the prisoner Waters in the market, in the crowd?

—I took particular notice of him—I was pushing against him for about ten or twelve yards—he had on a large brown coat, and had his arms underneath the skirts, so that only his hands came out—I was going to shift my watch for safety, and found it was gone, and my guard hanging down—the prisoner was standing in front of me—there was a great crowd—I did not see him again till he was in custody, last Monday—I am sure he is the man—this (produced) is my watch—I know it by the number and the maker's name.

  JOHN CARNEY (Policeman K 386). On 5th November, I took Smith into custody on another charge, at 49, Underwood Street, Whitechapel—Smith was wearing this watch—I asked how he accounted for it—he said it was his—next morning he said it belonged to his wife's son, that he had given it to him in part payment of some money he owed him, and had gone to New York—I made inquiries, and found the prosecutor, and he identified the watch.

NOT GUILTY .

 

25.   WILLIAM WATERS (20), and   JOSEPH SMITH (38), were again indicted, together with   JANE SMITH (38) , for a burglary in the dwelling-house of   George Brach, and stealing five antimacassars and other goods, his property. Second Count—Feloniously receiving the same.

WATERS** PLEADED GUILTY — Seven Years' Penal Servitude .

MR. COOPER conducted the Prosecution; and MR. BROMLEY the Defence.

  JOHN CARNEY (Policeman K 386). About 12.30 or 1 o'clock on 2nd November, I was in the Burdett Road—I saw the prisoner Waters there—another man was in advance of him—I don't know who he was—they were going towards the prosecutor's house—we followed them for some distance, and then lost them—I met them again about 2 o'clock—Waters had a bundle—the other said, "Chuck it in there"—he tried to chuck it into an unoccupied shop, but it did not go in—when Waters saw me he ran away—I ran after him and apprehended him—272 took charge of the property—several other constables came up at the time, because I cried out, "Stop thief!"—I found that a burglary had been committed at the prosecutor's house shortly afterwards—the window was thrown up, and an attempt had been made at No. 46, on the 5th, about 6.30—from information, I went to the house occupied by the prisoner Smith and the woman—I found a coat there—the female prisoner was standing at the door—I told her I had received information that a man had just brought in a bundle—she said, "You are mistaken"—I walked through the passage and found this coat in the back kitchen—there are three rooms on the ground-floor—I asked her how she came in possession of it, and she said a young man brought it in—I asked her who, but she could not tell me his name, or where he lived—I saw Smith sitting in the next room—I said, "How do you account for this being in the house"—he said he did not know anything about it—I asked him if he saw the young man that brought it in—he said he did not, but he heard his wife talking to somebody.

NOT GUILTY . There was another indictment, upon which no evidence was offered.

 

26.   ANNIE GERVANS (18) , Burglariously breaking and entering the dwelling-house of   Levi Nelson, and stealing a jacket, a bonnet, and other goods. Second Count—Receiving the same.

  JEANETTE NELSON . I am the daughter of Levi Nelson, 57, New Road,

St. George's—on 18th October, I was aroused by the police at 5 o'clock—I saw the window open—it had been closed the previous night, about 11.30, but the shutters were not shut—when I went down I missed a cloth jacket, a damask tablecloth, two bonnets, cuffs, collars, and other articles—they were all safe the previous night, when I went to bed—the window was on the ground-floor.

  JOSEPH MARRIOT (Policeman H 174). On the morning of 31st October I went to 3, Philip Street, Shad well—I knocked at the door and asked if Annie was in—that is the name the prisoner goes by—she came to the door—I asked her if she knew anything of a burglary being committed in the New Road—she said, "No, my God, I don't"—I mentioned the articles that had been stolen—she asked me if I would allow her to go next door to fetch a candle, to show me into the room—I allowed her to go, and instead of turning in at the door she ran away—I pursued her about 100 yards, and caught her—I gave her in charge—I went and searched the room, and found the articles produced—I was on duty there on the night of the 17th and also of the 18th—I saw the prisoner there, in company with two convicted thieves.

  JEANETTE NELSON (re-examined). These are my articles they were safe in my room when I went to bed that night.

  MART THOMPSON . I live in the house where these things were found—I saw them found by the constable—the prisoner occupies that room.

Prisoner's Statement before the Magistrate. "I was in the Whitechapel Road three weeks ago. I met two men; one wanted to sleep with me. I asked him for money, and he said, 'I have got what will do for money;' he then gave me the things the constable has. I slept with the man at the coffee-house."

GUILTY of Receiving — Judgment respited .

 

27.   CHARLES CARDWELL (35) , Feloniously wounding   George Joyce, with intent to do grievous bodily harm.

MR. DALY conducted the Proseecution.

  GEORGE JOYCE . I am a labourer, living at Brentford—on the 10th October I was at Vinoe's house, where I live, drinking with the prisoner—I said to him, "Charley, you have begun your old game again"—I was not quite sober—I knocked him out of his chair three times—he then went behind the screen, by the street door, and said, "I won't fight you, but I am ready for you"—I went to him, we closed, and both fell on the ground—I did not see anything in his hand at that time—Vince separated us—I got up and sat in the chair—about a quarter of an hour or twenty minutes afterwards I felt very queer and sick, and was obliged to go out fox air—I went with Vince to the Alton Arms, leaving the prisoner in the house—I then went back home and went to bed, and slept all night in the same bed with the prisoner—I did not find out that I was wounded till about 7 o'clock, then I discovered some blood on the sheet and on my clothes—I found that I was stabbed in my left side, under the lower rib—I showed the wound to the prisoner, and he said he would not have had it happen for 20l.—I said, "I shall always judge you as the man that has done it"—he made no answer—I went to the hospital, and remained there till the 27th October—I had no quarrel with anyone but the prisoner—I was not fighting with any other person.

  CHARLES VINCE . The prisoner and prosecutor lodged at my house—I remember Joyce coming in between 7 and 8 o'clock—I believe he was drunk

—I heard him say to the prisoner, "Charley, you have begun your old games again"—the prisoner said, "What do you mean?"—he said, "You never paid for a half gallon of beer, or the tramp-money"—the prisoner said, "I don't want any more beer, and I don't see what you want with any more"—Joyce said, "I shall knock you off your chair;" and he did so twice, and when the prisoner was getting up he knocked him down again—the prisoner said, "I can't stand this, give me my shirt, landlady, and I shall go out; I won't stand his worry any longer"—he went to the door, and said, "George, I am ready for you now," and they both closed and fell—I did not see any weapon in their hands—I afterwards went with Joyce to the Alton Arms—I did not know he was wounded at that time—the prisoner had a black eye, and his nose was bleeding—next morning, between 7 and 8 o'clock Joyce called me and said he was stabbed—I saw the wound, and he said to the prisoner, "I shall judge you for this, and nobody else, Charley, and I shall give you in custody"—the prisoner said, "It's a rum thing for you to accuse me of such a thing."

  CHARLOTTE VINCE . I am the wife of the last witness—I was present when the fight began—it was about a half gallon of beer and the tramp-money—that is a subscription of a 1s. or 6d. when they are out of work—I did not see the fall.

  GEORGE MILLER (Police Sergeant T 15.) I went to Vinoe's house about 10 o'clock, on the 11th of October, and saw the prisoner and Joyce there—I asked Joyce what was the matter, and he said, "I have been stabbed"—I said, "Who has done it?"—he said, "I don't know who has done it"—I asked him if he had had any quarrel with any person, or had been fighting—he said, "Yes, I have"—I said, "Who with?"—he said, "With that man sitting there," pointing to the prisoner—I asked him if he had any weapon in his hand, and he said, "No"—I took him to the hospital and took the prisoner into custody—I found this knife on him—it was a large one, and corresponded in width with the wound in the man's body—there was no blood upon it.

  FREDERICK HARRY HAYES . I am a surgeon—I examined the prosecutor on the 11th October—I found a wound penetrating his abdomen—a knife like this would cause such a wound—it was a dangerous wound—he is so far well now that unless a complication should come on he will do well—unless there should be internal mischief—I can't tell that—there is no symptom of the bowels being injured—the knife must have been held perpendicularly to have caused such a wound—it could not have been caused by his falling upon it, if it had been on the ground—I think it must have been a stab.

The Prisoner's Statement before the Magistrate. "I saw the prosecutor and another party in a public house two hours afterwards, and he abused me. I would not speak to him and I went home; he was in bed and I went to bed."

  CHARLES VINCE (re-examined). It was 8.20 when I parted with Joyce, and I did not see him again till next morning—I came home at 11 o'clock that night—the prisoner was there when I went to bed—we went up stain almost together—Joyce was then in bed.

Prisoner's Defence. I am very sorry it happened. I never did such a thing in my life.

NOT GUILTY .

 

28.   HENRY EYRES (37) , Burglariously breaking and entering the dwelling-house of   James Henry Carthew, and stealing 10 1/2 lbs. of cigars, and two bottles of brandy.

MR. WOOD conducted the Prosecution; and MR. WILLIAMS the Defence.

  JAMES HENRT CARTHW . I keep the Prince Albert public house, St. Martin's Lane, three doors from Aldridge's—on the night of 2nd November my potman fastened up the house before going to bed, and before going to bed I saw that everything was fast—the door was bolted top and bottom, and the shutters up—when I came down in the morning, about 3 o'clock, I law three constables in the house, the door was open, and I found a sack containing 10 1/2 lbs. of cigars, two bottles of brandy, and sixty-three half-ounces of tobacco, done up in separate packets; they had been removed from the place where they had been—the value of the property all together was about 8l. 15s.—the sack was not mine.

  AUGUSTUS PATEY . I am potman to Mr. Carthew—I went to bed about 1.45 or 1.40—I fastened the door up about 1 o'clock—the property was then all safe—I was disturbed about 3 o'clock—I went down with my master, and saw two or three policemen there, and likewise the prisoner in custody—I found the door next to Aldridge's Repository, open.

  EDWARD BELCHER (Policeman F 63). On the 2nd November, about 12.45 in the morning, I was on duty in Great St Andrew's Street, about 100 yards from Aldridge's—I noticed three men loitering about—one of them went into a doorway at the corner of Tower Street—I went towards him—he left there, and went towards two men who were standing against the prosecutor's house—I went up to them—I heard one of them say, "Is it all right?" twice—I asked what they were loitering about there for—they went away—I think the prisoner came out of the Prince Albert public-house, and looked round very cautiously—he saw me and Campbell, another constable, who had come up, and immediately ran away up West Street—I pursued him up West Street, down Litchfield Street, up Princes Court, into Princes Row; and when I got up to him there, he was right bang on the top of police-constable 180, who was lying on the flat of his back, struggling with the prisoner—I pulled him off, and we brought him back to the public-house—while we were ringing the landlord up, another man ran out of the door of the public-house—two constables went after him, but did not catch him—when I got into the house I saw this sack in front of the bar, containing this property.

Cross-examined. Q. Was it after you got back that you saw the other man run out of the house? A. Yes—I did not say anything to the prisoner about the sack—I saw the prisoner come out of the house—I believe he opened the door—it was shut after he came out, and when we went back we found it shut—the other man ran out of another door.

  BARNARD CAMPBLL (Policeman C 209). I came up to the last witness, and saw the prisoner run out of the Prince Albert—I was with in about three yards of the door—I ran after him, singing out "Stop thief!"—I saw him come up to 180C and knock him down, and when I came up to him I pulled him off, and, with the other constable's assistance, took him back to the house—I saw another man run out of the same house—I followed him down St. Martin's Lane and Long Acre—he got into some court, and I lost sight of him.

  WILLIAM CANE .(Policeman C 180). I saw the prisoner running, and seized him, we both fell together, he on the top—I held him till the other constables came up—as we were going back to the house, he said it was a mistake.

GUILTY .— Eighteen Months' Imprisonment ;

 

29.   JOHN MORGAN (17) , PLEADED GUILTY to stealing fifty-three yards of cloth, the property of   William Cook and others— Eight Months' Imprisonment.

 

30.   JOHN BROWN (35) , to stealing a dead sheep, the property of   David Swan— [Pleaded guilty: See original trial image.] Eight Months' Imprisonment.

 

31.   ALEXANDER SHAND (25) , to four indictments for stealing a watch, the property of   Eugene Morien, a watch chain of   John Henry Burcham, a pipe of   William Titley, and a watch, the property of   Joseph Wood— [Pleaded guilty: See original trial image.] Nine Months' Imprisonment.

NEW COURT.—Tuesday, November 24th, 1868.

Before Mr. Common Serjeant.

 

32.   JOHN MCCARTHY (18) , PLEADED GUILTY ** to stealing a handkerchief of   Walter Coxall from his person, having been before convicted— Seven Years' Penal Servitude . And

 

33.   JAMES MAY (19) , to feloniously forging and uttering an order for the payment of 30s. or 2l; also an order for the payment of 2l., having been before convicted.— [Pleaded guilty: See original trial image.] Fifteen Months' Imprisonment.

 

34.   JOSEPH JOHNSON (27), and   WILLIAM DAVIS (30) , Unlawfully having counterfeit coin in their possession, with intent to utter it.

MR. WEIGHTMAN conducted the Prosecution; and MR. BROMLEY defended

DAVIS.

  CLARA EMMA BROOKS . I live with my step-father, a tobacconist, at 392, Caledonian Road—on 28th October I served Johnson with half an ounce of tobacco—he gave me a shilling—I gave it to my step-father, and said in Johnson's presence, "I think this is a bad shilling."

  FREDERICK WILLIAM PRITCHARD . I am step-father to the last witness—I followed her into the shop, as Johnson appeared to be drunk—she gave me the shilling—I bent it up and said to Johnson, "This is a bad shilling"—he said, "Is it? I had it from my employers on the North London Railway this morning; if you will return it, I will take it back"—I said, "Have you no more money about you?"—he said, "Yes, but I do not require the tobacco"—I gave him the shilling, took back the tobacco, and he left the shop—I went to the door, saw a constable, and gave him directions, and shortly afterwards the two prisoners were brought back by two constables.

  AMOS HAYES (Policeman Y 283). On 28th October I received instructions from Pritchard—I followed Johnson, and saw him join Davis, ten or twelve yards from the shop—he appeared to pass something to Davis, but I did not see anything actually pass—they went farther down the road in conversation—I then saw Davis's hand drop down, and heard the chink of coin on the road—I saw another constable—he took Johnson—Davis ran away—I overtook him and said, "Which of you has been attempting to pass bad money?"—he said, "I know nothing about it"—I said, "What have you thrown down there?"—he said, "I have thrown nothing away"—I caught hold of him by the left arm, and he threw this handkerchief down—I picked it up and said, "Have you got some more of it here?"—he said, "I know nothing about it"—I took him back to where I had left Johnson with the other policeman, and they were both taken to Mr. Pritchard's shop—I opened the handkerchief at the station—it contained ten counterfeit shillings in a sealed packet, with a layer of paper between each two—I found on Davis four pawn

tickets, a knife, half an ounce of tobacco, a roll of bread, a bunch of keys, 13s. 3d. in silver, a packet of cocoa, and 8 1/2d. in copper—there was a crown piece, and the rest in shillings and sixpences—on Johnson I found seven half-ounces of tobacco, a packet of cocoa, a knife, a roll of bread, a purse, 7s. in silver, and 1s. 11 1/2d. in copper, and four counterfeit shillings—all were in different packets, one of which is the one identified by Pritchard—that was in his waistcoat pocket.

  JAMES WALTER (Policeman). I took Johnson, and said I should take him to the station for attempting to pass a bad shilling—he said, "I have got no bad money about me"—I searched the road at the place pointed out to me by Hayes, where the prisoners had passed, and found this bad shilling (produced).

  WILLIAM WEBSTER . This is a bad shilling, of 1855—these three found on Johnson are bad, one of 1859 and two of 1865—these ten shillings thrown away by Davis are bad; among them are five from one mould, and from the same mould as the one uttered by Johnson—here is one of 1859 from the same mould as the one of 1859 found on Johnson, and there are five of 1865 from one mould, and from the same as two of the same date found on Johnson.

Johnson's Defence. I did not know I had bad money about me.

JOHNSON— GUILTY .— Eighteen Months' Imprisonment .

DAVIS— GUILTY—He received a good character. Recommended to Merty by the Jury— Six Months' Imprisonment .

 

35.   JEREMIAH DACEY (20), and   JAMES DRISCOLL (17) , Robbery, with violence, on   Caroline Elisabeth Evans, and stealing from her person a pocket and 3d., her property.

MR. BRINDLEY conducted the Prosecution; MR. M. WILLIAMS appeared for

Dacey; and MR. W. SLEIGH for Driscoll.

  CAROLINE EVANS . I am single, and live at 44, Dudley Street, St Giles's—on Saturday flight, 14th November, I was walking through Seven Dials with two young men—the prisoners came up—Dacey struck my young man's friend, and Driscoll struck my young man—Dacey pushed me against the wall, while Driscoll tore my pocket out of the right side of my dress—there was 2d. or 3d. in it—I ran away, and did not know they were in custody till next morning.

Cross-examined by MR. WILLIAMS. Q. What time was it? A. A few minutes before midnight—I was with James Orford; the other young man was Robert Smith—I had not long come from work—the young men I was with were not called before the Magistrate—I saw my young man last on Saturday night—he knew I was coming here today—I had more than a 1d.—I cannot tell whether it was in halfpence or pence.

COURT. Q. You went away and left the young men there and the prisoners? A. Yes.

  JOSEPH WINDSOR (Policeman F 97). I was in Moor Street, Seven Dials, in plain clothes, and saw the prosecutrix and two young men quarrelling—I saw the prisoners there—Dacey went up to one young man, struck him, and knocked him down—Driscoll struck the other young man—Dacey held the prosecutrix against a shutter, and Driscoll tore her pocket clean out of her frock—they both ran away into Compton Street—I followed them—they went under a lamp, and I saw them looking at something—I ran across the

road and took Driscoll—Dacey ran away—Dacey was very violent, and assaulted me several times—he threw me down, and being assisted by another man, he got away, and another man assaulted me—he was stopped by another constable, and I took him to the station, and charged him with assaulting and robbing a woman unknown—I afterwards took Driscoll.

Cross-examined by MR. WILLIAMS. Q. Have you ever said one single word, before today, about seeing Dacey under a lamp, looking at something? A. Yes; my deposition was read over to me, and I did not miss it—I have taken no means to bring the young men here—I spoke to the clerk, and he told me that they would not prosecute; and I spoke to them, but they would not come up—I have not subpoenaed them.

  THOMAS CHANDLER . I live at 20, Grafton Street, Soho—on Saturday night, about 11.55, I saw Dacey in the street, and saw him knock down one of the men who was with the female, and Driscoll knocked down the other—Dacey held the prosecutrix and Driscoll took hold of her dress and tore her pocket out—she called out for assistance, and thirty or forty people came round—both the prisoners ran into Moor Street—I afterwards saw them together, but did not follow them—I went up Earl Street, and saw them in custody.

  CHARLES BROOKS (Policeman F 78). I was in Dudley Street, and saw Dacey running, and Windsor following him—I stopped him; he said nothing.

Cross-examined by MR. WILLIAMS. Q. Are you sure of that? A. He said nothing when I stopped him; but when they came up and charged him, he said that he was innocent.

GUILTY .*†— Twelve Months' Imprisonment each , and Twenty Strokes with the Cat.

 

36.   JOHN HAGEN (22) , Assaulting   Joseph Windsor, a police officer, in the execution of his duty, with intent to resist the apprehension of Jeremiah Dacey.

MESSRS. BRINDLEY and GRIFFITHS conducted the Prosecution.

  JOSEPH WINDSOR (Policeman F 97). On 14th November, I had Jeremiah Dacey in custody—he became very violent, and attempted to throw me down—the prisoner then came up and assisted Dacey to throw me down, when he said, "Well done, Jerry, you have done that proper"—I fell, and Dacey under me—the prisoner commenced kicking at me, and kicked Dacey in the eye, which made a very large place—he afterwards kicked me on the head and arm—my head bled, but not very severely—I got up, and Dacey again began struggling with me—the prisoner caught me round the arms, and held me while Dacey got away—I called, "Stop thief!" and the prisoner was taken—he came towards me and said, "You have got him again, then"—I said, "Yes," and pointed him out to F 78—he got away, and about four days afterwards I met him in St. Andrew's Street, and took him.

  THOMAS CHANDLER . I am a bookbinder—I saw the constable and Dacey struggling, the prisoner went up—a few words were said which I could not hear, and he caught hold of Dacey and held him—I saw him on the ground, and saw the prisoner make a kick—I afterwards saw blood on the policeman's head—I saw the prisoner lay hold of the policeman, and hold him by both arms—I saw Dacey escape—he was taken by another constable—I am sure the prisoner in the man.

Prisoner. Did you see me strike the policeman? Witness. I saw you kick at someone—the only kick I saw was received by Dacey—you are the person.

Prisoner's Defence. I am innocent I came out to get half an ounce of tobacco, and was taken—I saw the constable on Monday morning, and he saw me, but he would not take me then—in the evening he said, "Halloa, there you are, it is not a long time since I saw you," and he took me to the station.

  LOSEPH WINDSOR (re-examined). I never saw him between the assault and the time he was taken—he was very violent when I took him, and I was obliged to get assistance.

GUILTY .— Twelve Months' Imprisonment .

 

37.   GEORGE WRIGHT (28) , Burglariously breaking and entering the dwelling house of   Alfred Narborough, and stealing therein two boots and other articles, his property, to which he PLEADED GUILTY ; and was further charged with having been before convicted.

  THOMAS EARTHING (Policeman N 223). I produce a certificate—(Read: "Thomas Wilson, convicted at Clerkenwell, on his own confession, February, 1866, of stealing in a dwelling-house. Confined Twelve Months

  JOSEPH KING . I am a warder of Cold Bath Fields—I was also present—the prisoner is the person.

GUILTY .**— Seven Years' Penal Servitude .

 

38.   CHARLES REEVES (22) , Robbery, with violence, on   Thomas Orme, and stealing from his person part of a chain, his property.

MR. DALY conducted the Prosecution.

  THOMAS ORME . I am a sadler, of 29, Russell Street, Mile End—about 12 o'clock on Saturday night, November 7, I was in Whitechapel Road, by the corner of the London Hospital, and was met by two or three men—I cannot say which it was, as it was so momentary—one snatched my watch chain and broke it, taking part of it—they ran away, and I followed them, but the prisoner came before me—I pushed him aside, and he struck me a fearful blow behind the ear, which sent me almost staggering into the middle of the road—he was laid bold of by a stranger, and I gave him in custody—in the excitement of the moment I cannot say that the prisoner is the man who struck, but nobody else was near enough to do so—the person who I pushed away struck me directly, and my witness laid hold of

Prisoner. Did not you give me in charge first for stealing your watch I Witness. Yes; I was labouring under excitement through the punishment I had received—I afterwards found I had only lost a piece of my chain.

  ALFRED LLOYD . I was near the London Hospital, and saw the prisoner and two more following Orme, who crossed from the corner of Mount Street to the hospital railings—the others fell in front of Orme and snatched his chain, and the prisoner got in front of him, put his hands on his shoulders, and prevented his grabbing the thief—Orme shoved him on the right side, and the prisoner struck him under the right ear, and sent him staggering to the railings of the London Hospital—I ran up close by the side of him, and he was about to strike him again—he looked at me, and ran by the prisoner's side, shoulder to shoulder, into the middle of Mount Street—I saw

the other two turn the comer, and then I seized the prisoner—he was about to strike me, but I threw him on his back—he said that he would stand quiet if I would let him get up—I gave him in charge.

COURT. Q. What are you? A. A French polisher, of 13, Minerva Street, Hackney Road—I was two or three minutes late at the Police Court, and was not bound over.

  GEORGE FORD (Policeman H 191). I took the prisoner.

Prisoner. Did not the prosecutor say at the station that he had forgotten the blow? Witness. Yes—he had had a little drop of drink—I did not see the mark of a blow—the prosecutor mentioned the blow first, and the witness afterwards.

Prisoner's Defence. I was merely passing along, and the man caught hold of me, and threw me on my face. A policeman came up, and he gave me in charge for stealing his watch. On Sunday he came to the station, said that he had found his watch, and charged me with stealing the chain. He said that he could not swear to me, but he had paid a witness to do so.

  ALFRED LLOYD (re-examined). The inspector said, "You have acted exceedingly well in this case; you will be at the Court tomorrow at 10 o'clock," and the prosecutor said, "You shall not be at a loss for your day's time."

GUILTY .— Eighteen Months' Imprisonment, and Twenty five Strokes with the Cat. 1l. to be given to Alfred Lloyd.

 

39.   MICHAEL AARON (22), and   ELIZABETH ARNES (21) , Burglariously breaking and entering the dwelling-house of   Isaac Mercer, and stealing there from one shawl, two jackets, and other articles, his property. Second Count—Receiving the same.

MR. GRIFFITHS conducted the Prosecution; MR. M. WILLIAMS appeared for Aaron, and MR. STRAIGHT for Arnes.

  CHARLOTTE MERCER . I am the wife of Isaac Mercer, of 116, Sidney Street, Mile End—on 1st November, about 9 p.m., I fastened up the house—I found the shutters open at 12.40, and missed two jackets, a shawl, and a skirt—this is the skirt (produced)—it was safe when I went to bed—it is partly made—I am a dressmaker, and it was left for me to make.

  ALFRED PAOE . I am assistant to Mr. Fisher, a pawnbroker—a fortnight or three weeks ago Arnes brought this skirt to pawn—we had received information from the police, and a pattern, the day before, and stopped it.

  JOSHUA SOLOMOX (Policeman). I took Ames on 3rd November, and secured this skirt from the pawnbroker the same day—she said, "I bought it in Petticoat Lane yesterday"—I took her to Fisher's, and as we were leaving Aaron came up outside the shop, and said, "What is the matter?"—she said, "I am taken in custody for pawning this"—he said, "I gave her 5s. yesterday to buy it"—I took him in custody.— NOT GUILTY .

THIRD COURT—Tuesday, November 24th, 1868.

Before Robert Malcolm Kerr, Esq.

 

40.   GEORGE SMITH (31) , stealing a watch, the property of   John Gilmour, from his person.

MR. DALT conducted the Prosecution.

  JOHN GILMOUR . I am a gentleman, out of business, and live at Grove Lodge, Shepherd'a Bush—on the 9th November I was in Cheap side, at the

corner of Ironmonger Lane—there was a great crowd there—I felt my watch snatched from my pocket—it was a gold watch, worth 25l., with a guard to it—it was snapped at the swivel—the prisoner is the man that took the watch—I saw him take it distinctly—he made off—I called, "Stop thief!"—I afterwards saw him in custody, and identified him—this is the watch (produced).

  WILLIAM DEAN . I am a messenger, at Messrs. Matheson and Co's, of Lombard Street—I was at the corner of Old Jewry on Lord Mayor's Day—something fell at my feet—I picked it up, it was this watch—I gave it to the officer.

  MARTIN MINNOW (City Policeman 776). On 9th November I was on duty in Cheapside—I saw the prisoner running in the direction of the Bank, from Ironmonger Lane—I heard a cry of "Stop thief?"—I caught him, and took him to Bow Lane Station—the prosecutor saw him afterwards, and directly recognized him—I received the watch from another constable—the prisoner said he did not take it.

GUILTY *— Eighteen Months' Imprisonment .

 

41.   JOHN WILLIAMS (17) , Unlawfully assaulting   John Jackson.

MR. DALY conducted the Prosecution.

  JOHN JACKSON . I live at 16, Church Street, St. Giles's, and am a labourer—on 7th November I was in Newport Market, in a public-house—the prisoner came in, with some other men—I knew him by sight—I treated him to some beer—I came out after that, and was going away—the prisoner came out, and asked me to treat them again—I refused—one of them offered to fight me, not the prisoner—I was knocked down—they all kicked me when I was on the ground—the prisoner struck me several times—I felt something sharp go into my ear—I can't tell who did that—I got up, and was knocked down again, and I felt something go into me again—the prisoner was there, beating me, as well as the others—I was got up and the prisoner followed me, and struck me again—someone came up and took me away—I fainted from loss of blood—I was taken to the hospital, and am still under the doctor's care.

  RICHARD STIGGLES (Policeman C R 23). On 7th November, about 9.30, I met the last witness in Newport Market—he pointed out the prisoner to me, and charged him with assaulting him with some instrument—the prisoner made no answer at all.

GUILTY — Twelve Months' Imprisonment .

 

42.   ROBERT FRANKLIN (19) , Robbery with violence on   Boyd Ramsay, and stealing a chain and key, his property.

MR. BRINDLEY conducted the Prosecution.

  BOYD RAMSAY . I live at 36, Crescent Place, Hackney—on 14th February, about 1 o'clock, I was in Old Street Road—the prisoner came up, turned round short upon me, caught me by the neck, and tore my chain away—I had a large bundle under my arm, and could not held him—he got away—I followed, about five yards behind him—I did not lose sight of him—he ran in the road, and I ran behind him—the value of the chain was 15s.—this is the key which was attached to it.

  JAMES WARE (Policeman N 32). I saw the prisoner running down Old Street—I crossed the road and stopped him—the prosecutor came up in

about two minutes, and charged him with stealing the chain and key—I found the key near the place when I stopped him—the prisoner said he was not running.

GUILTY

Twelve Months' Imprisonment, and Twenty Lashes with the Cat .

 

43.   HENRY FRYER (21), and   JAMES CARR (19) , Robbery with violence on   Augustus Henry Clee, and stealing 3l., his money.

MESSRS. POLAND and BRINDLEY conducted the Prosecution.

  AUGUSTUS HENRY CLEE . I live at 10, Duke Street, London Bridge—I was formerly in the Marine Artillery, stationed at Portsmouth—on Wednesday night I came up to London—I got to the Waterloo Station about 8 o'clock—I saw the prisoner Fryer there with another man, not Carr—I had a bag with me—I asked them the way to London Bridge—I did not speak to either one, I asked them both—Fryer offered to show me the way, and asked whether he should carry my bag—I said yes, he might, and we all went to London Bridge—I had stopped at a coffee house, 10, Duke Street, before, and I wished to go there again—we went in, and I engaged a lodging for the night, and paid for it—we came out again, and Fryer went with me to the Monument—I was to have met a friend there—Fryer then asked me if I should like to hear a song—I said, "Yes," and he told me that the Cambridge Music Hall was the nearest—I agreed to go—we had a glass of ale before we went in, and I gave the man 6d. for carrying my bag—at the bar of the music hall I gave them some more refreshment, and 6 1/2d.—I said I should not require them any more—I left them at the bar and went into the hall—I stayed there till 11.30—I saw the prisoner Carr there, leaning over the rails about ten yards from me for about twenty minutes—I spoke to him, and asked him if he would have something to drink—he said, "It is very poor drink you get here, I can show you a place where you can get better"—we came out, and went into a public-house—I gave him a glass there—we then went into another house, and had some more—I felt rather hungry, and asked him if he could show me where there was an eating-house—he said he would—just before that Fryer again met me, and we all three went to the eating-house together—they had something to eat; I paid for it—it was very near 12 o'clock when we left—I told them I wished to go to my lodgings—they told me that as they were going that way, they would show me a nearer road than what I should find myself—as we went along, Carr was on the left-hand side of me, and Fryer on the right, a little in advance—Carr put his arm round my neck and squeezed my throat very tight—I was choked for a moment—Fryer stood in front, and I felt Carr's hand put into my pocket—I felt it withdrawn, and was then violently pushed on the ground, and my head came in contact with the stones—I got up, called "Stop thief!" and the two prisoners ran away directly—it was in the centre of the road where the robbery took place—one ran on one side of the street and one on the other—I followed Carr, the one that had the money—I lost sight of him down a street, but he was stopped, I believe, by a constable—I saw him in custody—he was taken to the station, and I charged him with the robbery—Fryer was brought in after we had been at the station a few minutes—when Carr put his hands into my pockets I had some loose silver, and three sovereigns in a piece of paper—I have seen the paper and the three sovereigns since.

Fryer. You expected to meet someone at the Monument? Witness.

Yes; it was a female—I believe I asked you to show me the nearest music hall.

  JEREMIAH CALLARD (Policeman H 155). on Wednesday night, 18th November, I heard a cry in the street—I saw Carr running in Union Street, Bishopsgate, and a constable after him—I stopped him—I took him to the station—the prosecutor came there soon after—I went back to the spot where I arrested Carr, and found three sovereigns wrapped in a piece of paper—I searched him and found 6d. in silver, 5d. in copper, and a medal.

  RICHARD BENSHALT (Policeman H 106). On Wednesday, 18th November, about 1 o'clock, I was on duty in Sandy's Row—I heard a cry of "Stop thief!"—I saw Carr running in the direction of Union Street—I spoke to Policeman H 156, and we both followed him—I saw him caught—the prosecutor came up and charged him—I afterwards saw Fryer in custody at the station.

  THOMAS DREWITT . I am a checking clerk at the London and North-Western Railway, Old Broad Street—I was going to my work about 1 o'clock or 12.55—I was in Bishops gate Street, and heard a cry of "Stop thief!"—I saw two men run out of Half Moon Street into Bishopsgate Street—one ran to the right and the other to the left—I ran after Fryer and was in the act of holding him when I slipped down—I got up and caught him, and took him to the station—he said he knew nothing about it, he was after the thief—he went quietly to the station with me.

Carr's Defence. I plead guilty to the robbery. I did not use any violence.

GUILTY .— Eighteen Months' Imprisonment, and Twenty-five Lashes each .

 

44.   CHARLES KING (38), and   WILLIAM LANGLEY (42) , Robbery, with violence, on   Hermann Barnard Horman, and stealing 8s., his money.

MR. DALY conducted the Prosecution; MR. NICHOLSON defended King, and MR. MONTAGU WILLIAMS defended Langley.

  HERMANN BARNARD HORMAN . I lived at 30, Dorset Street, now I live at Mr. Smith's, Brick Lane—I am a printer—about 1.45 on the morning of the 5th November, I was in Dorset Street—I saw the prisoners there, standing at the door of the lodging-house where I was going to get something to eat—Langley struck me on the right eye and knocked me down—two men came up and helped me; King was one of them—I had some money about me—I lost it ail—it was about 8s., I can't say exactly—it was in my right-hand trousers pocket—one man had his hand on my throat, and said, "Run, run, I will catch you"—they all three went into the lodging-home immediately—there was a lamp near—Langley had struck me on another occasion and taken 14s.—I knew them both by sight before.

Cross-examined by MR. NICHOLSON. Q. Did you not say before the Magistrate it was King who took you by the throat? A. I said it was King first, and then Langley—I was sober—I had had a pot of beer—it was not dark.

Cross-examined by MR. WILLIAMS. Q. You say Langley robbed you some time before? A. Yes—I met him in the street after be had robbed me several times—I did not give him in charge, because I was alone in the street.

NOT GUILTY .

 

45.   CHARLES THOMAS (27),   JOHN HENNESEY (28), and   JAMES WHITTAKER (20) , Stealing one chest and 112 lbs. of tea, the goods of   Benjamin Worthy Home and another.

MR. BRINDLEY conducted the Prosecution; MR. MONTAGU WILLIAMS defended Thomas and Hennesey, and MR. NICHOLSON defended Whittaker

.   WILLIAM GREEN (City Detective 249). On the 5th November, about 4.30, I was in Fore Street—I saw the prisoners there in a cart, and followed them to the Minories—a van was standing in the Minories, laden with chests of tea—the prisoners stopped their cart close behind the van—Thorns and Henoesey got out of the cart, and spoke to the lad who had charge of the van—they went back to the cart, got up, and drove to Somerset Street, Whitechapel—Thorns left the other two prisoners, and went into Haydon Square—he remained walking about a few minutes, and then went back to the cart—there were a number of vans there, waiting to go into the goods depth—the prisoners all got into the cart, and drove to Aldgate Church—there was a cart coming in the direction of Whitechapel, laden with bales and chests of tea, and they turned their cart round and followed it to New Road, Whitechapel, and from there to the Great Eastern Railway depdt, Brick Lane—they stopped short there, and remained there some time—they turned their horse round again, and went to Commercial Street, Shoreditch—a van was standing there, laden with boxes, &c.—they stopped close to that van—Hennesey got out of the cart, and spoke to the boy in charge of the horse—Thorns drove the cart close to the side of the van—Whittaker and Thorns both stood up in the cart, and tried to lift a large box from the front of the van—they did not succeed, and left—they were joined by Hennesey; he got into the cart, and they drove again to the Minories—one of Chaplin and Horne's vans was standing there, laden with chests of tea—they drove the horse close to the van—Hennesey got out, and spoke to the boy who had charge of the van—Thorns and Whittaker drove the cart to the front part of the van, and lifted a large chest off it, and placed it in their cart—they then whipped the horse up, and drove on—I followed them for about 200 yards, and hearing a cry behind I ran into the road and stopped the horse—Thomas and Whittaker jumped out behind—Whittaker ran to the right and Thomas to the left—I followed Thomas, and after running about 200 yards I caught him—I told him I was an officer, and should take him into custody for stealing a chest of tea from the van—he made no reply, but put his hand into his pocket and drew his knife—it was not opened—after a smart struggle I called upon a by stander to assist me, and we got him into a booking-office, and got the knife from him—he was taken to the station—I found 4s. 2d. on him—I gave a description of the other two men to Sergeant Kenwood—I next saw them on Sunday, the 8th, at Seething Lane Police Station, in the custody of Kenwood and Burrows—I told Hennesey he would be charged with a man then in custody for stealing a chest of tea, and he replied, "All right, governor"—the other man said nothing—I was watching the men for two hours—I saw them in the cart about 4.30—I was near the cart, before and behind, on several occasions—I had a good opportunity of seeing them—I am sure the three prisoners are the men that were in the cart—I had known Hennesey before—the chest of tea was identified by the carman.

Cross-examined by MR. NICHOLSON. Q. Who was driving when you first saw the cart? A. Hennesey—Whittaker did not drive at all—Thomas and Whittaker were the two who took the chest off the van—the chest weighs 114 lbs.—Thomas and Whittaker stood up in the cart and hauled it off the

van to the cart—I was about fifty yards from the cart, in a doorway—I was right opposite the cart—I am quite sure Whittaker was there—I had never seen him before—he was not taken at that time—he was taken by Sergeant Kenwood—I went into the station and saw him there—I was sent for, and identified them—I went for that purpose.

  GEORGE EAST . I am a carman, in the employ of Messrs. Chaplin and Horne—on the 5th November I had a pair of horses and a van—I was collecting goods, in the Minories—I had collected eight chests of tea from Nicholson's Wharf—after that I went to the Minories, and left the van in charge of the boy—I was away five or ten minutes—I bad to go and get a waybill—when I came back I missed a chest of tea—I had left it on the front of the van—I saw the constable with a horse and cart, and the chest of tea in the cart—it was one that I bad collected from Nicholson's—the constable had Thomas in custody.

  CHARLES FARMER . I was with the last witness, and I was left in charge of the van at the corner of Church Street while last witness had gone away for a short time—there were eight chests of tea in the van—someone spoke to me, but I did not notice who it was—I heard a cart come up alongside the van—I saw the wheels of the cart—I went round to the other side, and the cart was driven away—I saw the chest of tea in the cart—I halloaed out "Stop it!" three times, and then I caught hold of the horse—the men jumped out of the cart, and I saw the officer take Thomas—I turned the cart round and brought it back.

  JOHN BALDWIN . I am a cab proprietor, at 42, Bethnal Green Road—I also let horses and carts—on the 5th November I let a horse and cart to Hennesey, about 2.30 in the afternoon—it was taken by the hour—I saw it afterwards in the charge of the police.

  RICHARD KENWOOD (Police-Sergeant H 16). In company with Police Constable Burrows 1 went to the Seven Stars public-house in Brick Lane, Spitalfields, on Sunday, the 8th November, in the evening—I found Hennesey and Whittaker there, in company with Thomas' wife, drinking—I told Hennesey I should take him into custody for stealing a chest of tea on the 5th, in the Minories, with a man on remand—he said he did not know anything about the tea—on the way to the station a female came up and spoke to him—he said, "You go to the corner of Brick Lane and tell that man not to identify me"—I said, "It is no use for her to do that, for I saw the man this morning, and he said he could identify the men"—I took him to the station, and he was afterwards seen by Green, who identified him as one of the men.

Cross-examined by MR. WILLIAMS. Q. What did Hennesey say? A. He said he knew nothing about the tea—Green said he should charge him with stealing the chest, but I forget the words that he made use of.

Cross-examined by MR. NICHOLSON. Q. Green came to the station on purpose to identify the men, did not he? A. Yes; he was telegraphed for.

  JOHN BURROWS (Policeman H 40). I went with the last witness to the Seven Stars, and took Whittaker into custody—I told him the charge—he said he knew nothing about the tea, and was never near it—I took him to the station, and he was identified by Green—I had had a description from the sergeant.

WHITTAKER received a good character— GUILTY .— Five Years Penal Servitude .HENNESEY* and THOMAS— GUILTY — Five Years Penal Servitude each.

 

46.   JOHN MARKS (25) , Burglariously breaking and entering the dwelling-house of   James Muller, and stealing one shawl and other goods.

MR. MOODY conducted the Prosecution.

  URIAH HARVEY (Police Sergeant KR 1). On the morning of the 29th October I was on duty in the Whitechapel Road with Constables Chapman and Lillestone—I saw three men there together—the prisoner was one of them—we watched them, and saw them go into a public-house—they were there about ten minutes—they came out, and we followed them down the Mile End Road to the Bancroft Road—they went about two hundred yards up that road to a place where the houses stand back, and there we lost sight of them—there was no other turning out of the road except about one hundred yards further up—we waited down an area for nearly an hour, and then I heard a dog bark—Chapman and myself got over the gate into the back yard—Lillestone went into the Mile End Road—he had been there an hour previous—several other constables had been placed in different places—I got into the second garden, and saw two men going over the walls the other way—we chased them all over the walls—they got over the wall at the end of the gardens, which is about twelve feet high, and I saw them cross the field—we followed a little way, and then I heard Lillestone call out, "I have got one"—we lost sight of the other two, and went back, but could not see anything of them—I afterwards saw the prisoner at the station—this property was found in the garden of No. 13.

  WILLIAM CHAPMAN (Policeman K 167). I was with Harvey in the Whitechapel Road, and saw three men, of whom the prisoner was one—we followed them to Bancroft Road—I went with Harvey into the back yards—I was with him, and followed the two men over the walls—I found this centre-bit, chisel, and knife (produced) in the backyard of No. 13—that is next door to Mr. Muller's house—the whole of this property was found in the backyard of No. 13, close down by the wall—I went to Mr. Muller's house, and examined the window of the kitchen—the catch had been shifted back by a knife—the shutters were forced open and the window was up—the window of No. 11 had been shifted as well.

  WILLIAM LILLESTONE (Policeman K 307). I was with Chapman and Harvey on the night in question—I was standing in the Mile End Road to watch, near the lodge of one of the gates—I was there about two hours, and then I looked over a wall at the back of the lodge, and I saw the prisoner getting over the wall which parts the garden from the meadow—I said, "Halloa, you are there, are you?"—I jumped over the wall into the garden—I could not see him at first—I looked down, and saw him crouching under the wall—I caught him and called out, "I have got one"—a constable came to my assistance, and we took him to the station—the prisoner said he got over there to ease himself.

Prisoner. I was only in the garden. Witness. I am positive he is the man who got over the wall.

  JOSEPH MULLER . I live at 12, Bancroft Road—on the morning of 29th October, I was called up by the police, about 4 o'clock—I went into the parlour and found the window open—it had been fastened the night before, to the best of my belief—I have seen the articles in this bundle; they are my property—they were safe in the parlour the night before—they are worth about 13l.

Prisoner's Defence. I had teen to the Whitechapel Road that night—I

was not with any men at all—I was with two young women, near the Mile End Road—after I bade them good night, I got over there to sleep for a time, as it was too late to get home.

GUILTY .†— Five Years' Penal Servitude. There was another indictment against the prisoner .

 

47.   CHRISTOPHER SAMUELS (29) , Stealing a pair of trousers and a knife, the property of   Edward Anton.

MR. MOODY conducted the Prosecution.

The Prosecutor did not appear, and was stated to have gone to seA.

NOT GUILTY .

 

48.   CHRISTOPHER SAMUELS was again indicted for unlawfully obtaining, by means of false pretences, from   Charles Landsay, a coat and other goods, with intent to defraud.

  CHARLES LANDSAY . I am assistant to Mr. Wagner, a tailor, in Gray's Alley, Whitechapel—the prisoner came there on the 2nd November, and said he wanted to select a suit of clothes—he asked me to put them on one side, as he was going to be paid off, and he would come and pay for them—he came again about 2.30, and asked me to let him put on the clothes, to get paid respectably—he asked me to go to the Tower with him, so that he could pay me the moment he received the money—he said he was boatswain on board the schooner Oohang—he put on the clothes and I went oat with him—when we got to the Sailors' Home, in Well Street, he asked me to stay outside while he went in for something—I waited outside, but he never came back—I parted with the clothes on account of his saying that he should receive his money, as boatswain, from the vessel Oohang—I went, on Tuesday night, to Shad well High Street and saw the prisoner there—he had got the clothes on then—I said, "I want you to return the clothes, or the money; you do not belong to such a ship"—he said, "I don't know you, and never had any clothes of you."

Prisoner. Where did you meet me on 2nd November? Witness. I never saw you till I saw you in the shop—you did not say you came home in the Oalkana—there wan another man in the shop at the time—I lent you a shilling when you asked me to go to Tower Hill.

  JOHN MITCHELL . I am an apprentice on board the ship Oohang—the came into the London Docks on the 29th October—the prisoner had nothing to do on board that ship—he was not boatswain.

  ISAAC PAWSEY (Policeman K 485). On 4th November, I took the prisoner into custody on the other charge—from information I received, I went to 7, Gray's Alley, and then I told him of this charge—he said he had the clothes, and never meant to pay for them.

Prisoner. I said, I had not the means to pay for them. Witness. He said he did not mean to pay for them.

Prisoner's Statement before the Magistrate. "I got the clothes, but I never said I came from the oohang."

Prisoner's Defence. I had the clothes from the man, but I did not tell him I was on a different ship, I said I belonged to the Oalkana—I know nothing about giving the man a wrong ship at all.

NOT GUILTY .

 

49.   JOHN ROBERTS (33) , Stealing a handkerchief from the person of a man unknown.

MR. MOODY conducted the Prosecution; and MR. POYNTER the Defence.

  HENRY CLARE . I am a general dealer, at 100, Kent Street, Borough—on the 4th of November I was crossing London Bridge, about 2.20 in the afternoon—I saw the prisoner take a handkerchief out of a gentleman's pocket, and directly cross the road—I could not well stop the gentleman, in case of losing sight of the prisoner—I gave information to a policeman, and the prisoner gave us a run from one end of the bridge to the other—he was then taken by the constable, and the handkerchief was found on him.

Cross-examined. Q. What part of the bridge were you? A. The west side, near King William Street—the prisoner was about two yards from me—I was going the reverse way—I happened to turn round and saw him put his hand in the gentleman's pocket—it was a silk handkerchief—there were several persons about—I had never seen him before.

  JOHN JULIAN (City Policeman 824). I was on duty on London Bridge on the 4th November—the last witness came up to me—the prisoner commenced running—I ran after him—he was stopped at the foot of London Bridge by another officer—I took him into custody and found this handkerchief between his trousers and shirt—he refused his address.

Cross-examined. Q. Have you seen the prisoner before? A. On several occasions.

GUILTY . He further PLEADED GUILTY to having been before convicted.

Seven Years' Penal Servitude .

 

50.   SAMUEL BOWER (28) , Feloniously marrying   Ellen Lucas, his wife being alive.

MR. LEIGH conducted the Prosecution.

  MARY ANN BOWER . I live at 60, Wentworth Street, Spitalfields, and am the wife of the prisoner's brother—on 30th September, 1862, the prisoner was married in my presence to Caroline Baker.

Prisoner. Q. What was my wife doing in 1864? Witness. She was on the streets.

Prisoner. I was doing six years' penal servitude, and from the time I came out I heard nothing of her.

  WILLIAM HENRY BOWER . I was present when the prisoner married Caroline Baker, in September, 1862, at Spitalfields.

  FREDERICK BOWER . I produce a certificate of the marriage of Samuel Bower to Ellen Lucas, at St. James's Church, Bethnal Green, on 27th July, 1868, and also a certificate of the marriage of the prisoner to Caroline Baker at Christ Church, Spitalfields, on 30th September, 1862.

  ELLEN LUCAS . I was married to the prisoner on the 27th July this year, at St. James's Church, Bethnal Green—this is the certificate.

Prisoner. Did I not tell you that I had been married before, and did not know whether my wife was dead or alive? Witness. Yes.

  THOMAS OCKWELL (Policeman H 180). I took the prisoner into custody—I asked him if he had married the second time—he said he had—I produce this certificate, which I procured from Spitalfields Church.

Prisoner. Did I not say that I would come and answer the charge, and that I did not know whether my wife was dead or alive when I married the second one? Witness. Yes.

GUILTY — Three Months' Imprisonment .

 

51.   WILLIAM CHARLES SERGEANT (47) , PLEADED GUILTY to forging and uttering a cheque for the payment of 25l. with intent to defraud— Eighteen Months' Imprisonment . And

 

52.   JOHN MORTON (18) , to feloniously forging and uttering an order for the delivery of a cheque book; and also forging and uttering a cheque for the payment of 12l. 10s., with intent to defraud— Judgment respited .

OLD COURT.—Wednesday, November 25th, 1868.

Before Mr. Justice Byles.

In the case of   JAMES ANDERSON , convicted last Sessions of Manslaughter (See page 574) on which a question was reserved for the Court of Criminal Appeal, MR. JUSTICE BYLES stated that the Court having heard the points argued, had sustained the conviction.—Four Months' Imprisonment.

 

53.   HENRY BRADLEY (19), was indicted for a rape upon   Mary Ann Butler.

MR. GRIFFITHS conducted the Prosecution; and MR. F.H. LEWIS the Defence.

NOT GUILTY .

 

54.   FREDERICK AUGUSTUS FARRAR (40), and   JOHN HULLETT (28), were indicted for feloniously forging and uttering an acceptance to a bill of exchange for 350l., with intent to defraud (See 12th Sessions of Allen's Mayoralty, page 614).

MR. F.H. LEWIS. conducted the Prosecution; and MR. MONTAGU WILLIAMS defended Hullett.

MR. LEWIS, proposing to call Farrar as a witness, offered no evidence against him, and the Jury found him NOT GUILTY .

  REV. ALFRED POOLE . I am a clergyman, and am incumbent of Purbrook—I know Hullett, he lived in my neighbourhood, and was connected with musical matters—I know his handwriting—I believe the body of this bill for 350l. (produced) to be in Hullett's writing, and the indorsement also—here are four other bills of exchange, the body of which 1 believe to be in Hullett's writing; the endorsements also—one purports to be endorsed by Mr. Eversfield—(The bills were put in and read; one was dated 10th January, 1868, for 200l., at six months, drawn by John Hullett upon and accepted by Charles G. Eversfield, and endorsed "John Hullett." One dated 16th May, 1868, for 300l., at three months, drawn, accepted, and endorsed as the last. One dated 25th May, 1868, for 150l., drawn by Charles G. Eversfield, upon and accepted by John Hullet, and endorsed on "Charles G. Everfield," and the one upon which the presence indictment was founded, for 350l., dated June 10th, 1868 at three months, drawn and endorsed by John Hullet, and accepted by Charles G. Everfield.)—I believe this letter to be also in Hullett's wriiting—(Read: "and confidential. Euston Road, king's Cross, N.W., Friday, August 28th, 1868. My dear Sir, By the advice of my solictor, Mr. Frederick Farrar, I wrote to you this afternoon the letter you probably have had ere this, and I am now writing unknown to him and contrary to his express wish. He is I suppose doing all he can for me, but says that I ought not to see you, or make any sort of admission, or I shall be ruined beyond hope. I

cannot, however, go to bed without writing far more fully; and taking a different view to him, feeling, too, to the utmost now, the awful wickedness I have been guilty of towards my dearest and best friend I ever had in the world; I cannot help seeing matters differently from Mr. Farrar; but I wish you to know I do this on my own account, and directly contrary to his and my friends' advice (excepting only my poor wife). It is impossible for me to give you anything like full particulars of the bills you require, until I can see Mrs. Hullett, who has all my letters and papers of every kind, but I will meantime do all I can from memory, and I call God to witness that to the best of my knowledge all I write is thoroughly true. In the first place, then, the only persons who hold any of these bills of any sort are the following; whether they hold them in their individual hands I know not, but they profess to:—Henry Howse, 49, Leicester Square, W.C.; Mr. Ford, or Lewis, or other names, of 17, Cork Street, Burlington Gardens, solicitor; Brandons, of Essex Street, W.C.; Ley & Brocklesby, 16, Water Lane, Great Tower Street, E.C.; W. S. Meynell, 119, Warwick Street, Pimlico, S.W.; and Mr. Farrar, 6, Clement's Lane, Lombard Street, E.C. These five persons are the only ones who have any bills of mine, or bills with Mr. Eversfield's name to; and I am afraid that they represent a sum of nearly 2000l., out of which I have had the value of at least (or nearly so) 500l. in cash, but not more. I am sure Mr. Ford or Lewis (he goes by both names) has three with Mr. Eversfield's name, two for 50l. and one for 45l, on which any value has been given. He has, I regret deeply to say, others on which not a farthing of value has ever been given in any way whatever, gave a 20l. cheque (stopped) on one more. Mr. Meynell has the two which you wrote about in the summer, viz., one for 200l. and one for 300l., on neither of which has one farthing ever been given. I could tell a tale about these which I hardly think you would ever believe. I was for months persuaded, and every possible inducement made, to get by any means, Mr. Eversfield's name to them. I will not repeat the arguments used, or the wicked, awfully cruel means this villain used. He promised, in the most solemn way, if I could get the name 'by any means, he did not care nor ask how,' he would pledge his word they would be at once locked up, never see light, nor Mr. Eversfield ever know about them, and much more. I was dreadfully pressed at the time, in fearful trouble—a poor young girl of a wife, two dear little innocent children actually in a semi-state of starvation and misery you can never know; but you know the rest. The moment he had them he did as he has done before with others, took steps to shew they were forged; came down to me, told me he would transport me at once, and more I cannot repeat, unless he had 500l. to get them back to me, though he never gave a farthing in any way whatever. He lived at Portsmouth at my expense, and the Isle of Wight, and got nearly a hundred pounds from me by threats; told me (which was false) that nothing would prevent your making an example of me; and when you insisted on having back the bills, as he would not part with his, suggested the way of getting over it I need say no more: to get the 100l. I had to do what you well know; but God in Heaven only can know the pressure put upon me, and the awful agony I suffered. As for Ley & Brocklesby, they never gave for any one of Mr. Eversfield's bills half its value, but most there was no value for whatever, saving to 'hold on' for a time. They had money from me constantly, almost daily, at one time. They made me send them hot-house grapes, salmon, &c., &c., &c., when they were so expensive, a diamond ring

worth a great deal, my wife's jewellery, and lots besides. Their letters, taken at random, would show this. They have had in cash from me more than they ever gave, to 'hold over' for a few weeks, Sir, you cannot, as a respectable man, form any idea of the means used by all these people (excepting perhaps Mr. Farrar). My wife has a lot of their letter in her possession, and you have my authority to write to her and say I told you to ask for them, if you would like to have them as a sample of the style of thing, and I have written to say that she is to send them to you if you write for them. I gave a bill of sale to Howse; he sold up my poor home, taking the very beds and clothes from them, while I was taken off by that dreadful man Ford, and put under charge of a detective, who went everywhere with me, but I could not get down to Waterloo, but could only hear of it. Without any possibility of doing anything, and I suffered under Ford's treatment that a savage would be horrified to give anyone. Even the poor little baby's crib was sold, and the poor little thing turned out; my poor dear young wife, so near her confinement, and I am expecting every post to hear of it, and I dare not go near her, excepting only by stealth. I escaped from the detective, and am now hiding. I don't say this for pity; for I, myself, deserve none whatever; but I feel most acutely now how poor Mr. Eversfield, with his goodness, has been used by me, and my sufferings of mind are awful; were I in hell they could not be worse. With regard to your letter, though Mr. Farrar says I must not see you or your manager, I wish to say this: I shall be on Monday, at 12 o'clock, at any place you may appoint by return of post to me at the Post Office, Gower Street, W., or at the place you name in Holborn, if you still think it will be good for your manager to see me. I will give you every possible assistance in my power, so help me God! but without seeing my wife, I cannot, I tell you fairly, tell you full particulars, as I don't know the amounts; but this I do know, that the amounts really received by me do not amount to 500l., I feel sure. You are perfectly at liberty to write to all parties I have named, no one else has any paper of Mr. Eversfield's, and make any inquiries, or ask any particulars, with my authority, you please. They will furnish you particulars of the bills, and then I will answer any question you like. If it were not for my poor sweet children—poor innocent little children—and my good young wife, I would say this: give me in charge, or custody, and let me pay the penalty. It would save Mr. Eversfield; and those who lent the pitiful mites of money on large bills, can afford too well to lose them; but I pray of you, I implore you, for Christ's sake! to have mercy on them. I have two dear, dear little girls, perhaps (most likely) am the father of another before now, and I cannot be near or comfort my innocent good wife; and let me say she never knew anything of this matter till I was arrested by Ford. I had kept all from her, and I call God to witness that it was seeing their faces, whom, with all my sins, I love more than all the world, starving, that first made me do this. I pray of Mr. Eversfield to have mercy on them poor children, all, for she is a child I will do all I possibly can, in every way. If he will have patience with me, I will pay him all in time. I have put myself in your hands, and wish to do so. Write by return, and say if I shall be anywhere, and whore, on Monday, to meet your manager. My solicitor knows nothing of this letter. Yours, most truly, J. Hullett.")

  FREDERICK AUGUSTUS FARRAR (the prisoner). I am a solicitor—I carried on my business in Clement's Lane, City—I had business relations with Hullett, and only business relations—I was convicted of the forgery of one bill last

Sessions—I know this bill of 10th June—I had it in my possession—MR. Hullett sent it to me in a letter—I believe the date of the bill was Saturday, 10th, and I received it on Monday, the 12th—he had spoken to me about the bill before sending it—I was at that time acting as his solicitor—(MR. LEWIS was proceeding to ask what was said by Hullett to the witness, but MR. JUSTICE BYLES, in the absence of any authority to the contrary, held that the communication was privileged, and it was not pressed.)—I immediately gave the bill to Mr. Newton—I did not know Mr. Eversfield at all—I was acting as Hullett's solicitor in relation to getting this bill discounted—I received the discount of the bill, and applied the money in reference to different things which I can render an account of—I received the whole amount of the bill, less 31l. 5s. for the discount—I received 318l. 15s.—there is a memorandum in existence of the gentleman who discounted the bill, and that is exactly correct.

Cross-examined. Q. Were you staying with Hullett at any time at Portsmouth and the Isle of Wight? A. Many times at Portsmouth, I attended to his business there; not at the Isle of Wight.

  WILLIAM HENRY GOODWIN . I am a solicitor, and am managing clerk to Mr. William Blackman Young, of Hastings, who is private solicitor to Mr. Eversfield—I had the conduct of Mr. Eversfield's affairs—I have been acting exclusively for Mr. Eversfield in the matters arising out of this prosecution—in June last my attention had been drawn to some bills of exchange—I wrote to Hullett, and, after some weeks' interval, I eventually received this letter from him with my own hand, and opened it—I received it on Saturday, 29th August—I had before that received two bills of exchange from Hullett, these two, of 16th May, for 200l, and 300l.—they were delivered to me as being the bills that had first attracted my attention, but they were not them in point of fact—I received them by post from Hullett—on 31st August I came to London, and saw Hullett, about 11 o'clock at noon, in Angel Court, City—I was not acting as his solicitor in any way—I represented Mr. Eversfield only—I made no verbal promise to Hullett to induce him to make any statement—this letter (produced by MR. WILLIAMS) is my writing, in Mr. Young's name—(Read: "Bank Buildings, Hastings, 29th August, 1868. To J. Hullett, Esq. Dear Sir. It would be more convenient to Mr. Goodwin, from my office, to meet you in the City than in Holbom, and he will be at Messrs. Dawes & Sons, 9, Angel Court, about 10 on Monday, where I hope you will not fail to meet him. As your former letter evinces some fear, I pledge you my honour that nothing is contemplated but a meeting between him and you for conversation. Yours, &c., Wm. B. Young.")—I saw him at Messrs. Dawes & Sons, in Angel Court—he spoke to me of an aggregate of bills of Mr. Eversfield's that were in circulation, not of any particular bills—I cannot remember verbally what he said, but he spoke of the bills that he had forged in Mr. Eversfield's name—he first of all referred to his letter of the 28th; or I think it would be more correct if I were to say that I referred to it, and I said, "Can you give me particulars of the bills"—he gave me particulars, which I noted down in writing, classifying them according to the holders—I have not got that writing—I did not preserve it—I have seen it subsequently, but not recently—after enumerating the bills, he said, "I have behaved very badly to Mr. Eversfield, the best friend I have on earth; you had better give me in charge"—I said I had no instructions to do so, and I believed that Mr. Eversfield, on account of his family, had no wish to do

so; and I said, "Tell me, as nearly as you can, the aggregate of the forged bills"—he said, "As near as I can remember, 2000l."—I said, "I suppose there is no pretence for saying that anyone besides yourself has forged them"—he replied, "Not any, I did them;" and then he spoke with a degree of reservation, and slowly added, "or someone acting under my directions, but not my wife"—he said, "I did them, or—" and then he hesitated, and I supplied a kind of suggestion, "Or someone acting under your direction?" and he said, "Yes; but not my wife"—we then separated.

Cross-examined. Q. Were there other letters written besides this? A. I should think a dozen, between Mr. Young and Hullett—perhaps about nine before this interview took place—he never said to me, "I wrote the name of Mr. Eversfield under the authority given me by Mr. Eversfield"—he has never seen Mr. Young—he is not here—he never said he had written the name of Mr. Eversfield by Mr. Eversfield's authority, or that Farrar had advised him that the authority he held was a good and sufficient authority—he never alluded to such a thing—I think it was about three weeks or a month after this interview that he was given into custody For the forgery upon Lord Dudley, upon which he was acquitted—I have no recollection of saying to him, "I am authorized by Mr. Eversfield to state that no proceedings will be taken against you"—I have no doubt I said this, "MR. Everefield, on account of your family, has no wish to prosecute you."

JURY. Q. Who was present at this interview? A. Nobody but myself and Mr. Hullett.

  CHARLES GILBERT EVERSFIELD . I am a gentleman, living on my property, at Denne Park, Horsham, Sussex—I know Hullett—the acceptance to this bill of exchange for 350l. is not my writing, or signed by my authority—the acceptances to these three other bills are not mine, or signed by my authority, nor is the other bill drawn by me, or by my authority.

Cross-examined. Q. How long have you known Mr. Hullett? A. In the year 1866 I made his acquaintance—I was in the habit of visiting him occasionally—I never at any time gave him authority to use my name—(looking at a letter)—I believe this to be my handwriting—it is mine, and these also—(two others)—having seen these letters, I say I gave him no authority whatever to use my name on any bills—(The letters were read as follows:—"March 9. Denne Park. Beloved brother in Christ. You have my consent to the proposal with regard to the bill [or "bills"]. I am glad to hear you succeeded in gaining appointment. I have, and can have, no objection to the bill being held over for three months longer. Most truly yours, Chas. G. Eversfield." "May 14. Denne Park. Beloved Brother John. In an unguarded moment you were tempted to ask assistance of me. It was thoughtless of you, I am convinced; and on that account shall be overlooked by me, in proof of which, I, under God, intend coming to spend, the day with you on Tuesday or Wednesday next, whichever you may appoint as most suitable to you. Qui nam res agitur ito se habeat. Let bygones be bygones, and be it ours to walk in truth, 3rd Epistle John, and give our God His greatest joy always and by all means. Write, then, by return, name the day, and abide in the true love of yours most affectionately, C. G. E." "Sept. 25. Denuo. My very dear Hullett. At the last moment the Lord has been pleased to ordain that you shall have a cheque for 40l., and security for the remainder for three months. Positively, this is the last time for taking into consideration all the cases of poor

relations, beggars, and speculative brethren in trade. Mrs. Eversfield's back is well-nigh ready to break. The piano we will take as a security, and try to dispose of. In haste, yours very truly, Chas. G. Eversfield."—My memory does not serve me as to what I meant by the expression, "You have my consent to the proposal with regard to the bills"—I have no memory on the subject—I should imagine these letters were written in 1867—the one dated September was in 1866.

MR. LIWIS. Q. Had you given the prisoner your acceptance at any time? A. Yes, once for 40l; that was my genuine acceptance; I believe that was in 1866—I could not say whether it was about 9th March—I have no dates—I also gave him a cheque for 40l.; that was one and the same transaction—he was to take up the bill for the 40l., and he did—I gave him the cheque for 40l. afterwards—I believe I gave him the cheque at the same time, or, if anything, first of all—it was one and the same transaction—in effect, I gave him 80l., 40l. in money, and my acceptance for 40l.—that is the 40l. to which the document refers—I gave him the 40l., if I may put it in a concise shape, for Christ's sake alone; for charity, for love, for pity: that was the cheque—I gave him the acceptance on the same principle—it was one and the same transaction—he has never repaid me the 40l., not the gift—it was a gift—I don't know to what bill the letter of 9th March refers—he had never asked me to renew my acceptance of the 40l. bill—I cannot explain that letter—I had no more than one bill transaction with him—I have been suffering from paralysis twenty years.

COURT. Q. I see you call him in one letter, "Beloved brother John," and in another "Beloved brother in Christ," do you belong to any particular sect of religionists? A. To what the world calls "The Plymouth Brethren"—Hullett has no connection with that, that I know of—that was the only reason for my addressing him in these terms; I cannot tell my reason for addressing him in the first letter as "My very dear Hullett"—I never gave him any authority whatever to draw or accept bills on my account.

HULLETT— GUILTY — Ten Years' Penal Servitude. FARRAR was sentenced to Ten Years' Penal Servitude on the former indictment.

NEW COURT.—Wednesday, November 25, 1868.

Before Mr. Baron Pigott.

 

55.   GEORGE COSBEY (48) , Feloniously killing and slaying   Herbert Wyley.

MESSRS. RIBTON and BESLEY conducted the Prosecution; and MR. WARNER SLEIGH the Defence.

  ROBERT COBB . I am eleven years old, and a scholar at the St. Cyprian Schools, Park Lane, Dorset Square—I knew a boy named Herbert Wyley, who is now dead—I saw him at school on the 31st August—the prisoner was the master of the school—the school commenced at 9.30 in the morning—Wyley was in the first class, and I in the second—I was pretty near to him when in school—I saw the prisoner, about 10.30, hit him on the top of the head, with his closed fist—he hit him rather hard—I heard the sound of the blow, and the prisoner told him to learn his lessons or else he would have another—the boy directly put his arms on the desk and laid his head down on them—I think he was sitting at the time—I heard him crying—he continued

lying with his head down till about 12 o'clock—the school broke up about half-past—all the boys went out together—he seemed rather dull when he went out—he walked straight home—I live next door—I did not go home with him—nothing seemed to be the matter with him before—he was a healthy boy, and strong.

Cross-examined. Q. What lessons had the boy to learn? A. There was a writing lesson going on in his class—the reason why the master hit him was because he had not done his lesson—I heard the master ask him why he had not done his writing—I did not hear what the boy said, but I know the blow was given because he had not done it—the writing lesson was the first one—he had taken it home with him, and when he brought it to school the words were not spelt rightly—I am sure the prisoner hit him with his fist—the boy was at the end of one desk, and I at another, about two yards off—I know a boy named Toms—he was in my class—when I gave evidence before the Magistrate I did not say that the prisoner hit him with his knuckles—he hit him like this (showing the manner with his hand)—he told him that if he continued crying he would hit him again—the boy did not stop crying, but kept on from 10 to 12 o'clock—the prisoner did not hit him again—the boy did not do any lessons after the blow was struck—he had been up to the prisoner's desk to show his lessons that morning—I heard nothing more about it till three weeks afterwards—I am quite sure he went to school that afternoon—I did not hear Toms give his evidence at the Police Court—we used to read in the afternoon—I was not there myself, but I know that the boy was—he went up to class then—no notice was taken of the blow afterwards—none of the boys said anything about the cruelty of the prisoner—I heard nothing about it until I was spoken to by the relations, and that I think was after I had heard that he was dead—he did not go to school the next morning—I was there and did not see him—his absence did not attract attention—MR. Wyley fetched me to his house one Saturday night and asked me about it—he spoke to me on three occasions—I saw Mr. Chipperfield and some other gentleman, but I never heard who they were—the deceased was in the habit of staying away from school in the afternoon, but I think he was there on the afternoon in question—I saw him standing at his own door in the afternoon after the blow, but he was not at play.

COURT. Q. How do you know that he went up to class that afternoon, when you were not there? A. I think I saw him coming out as I was going by; nobody has told me that he went up to class.

  MR. WARNER SLEIGH . Q. Did you see him coming out of school, or at his own door, or both? A. I am almost sure I saw him coming out of school, and after that at his own door—I was not at the Coroner's Inquest.

  WILLIAM TOMS . I am nine years old, and live at No. 21, New Street Mews, Dorset Square—I have attended St Cyprian School for some time, and was there on the 31st August—I saw the prisoner, about 10 o'clock, hit Herbert Wyley on the head—be hit him like this—(striking the top of his head)—it was a violent blow, near the crown—the boy said he would tell his father—he then laid his head on the desk, and began crying, and continued so till about 12 o'clock.

COURT. Q. Do you remember what he did between 12 and 12.30, when the school broke up? A. He was singing hymns in class—we sang two hymns—he did not seem well, and said his head ached—he did net go to play afterwards, but went home—I did not notice how he seemed then, as I had to go in another direction.

Cross-examined. Q. Were you examined before the Police Magistrate? A. Yes—I said then that he went away with the rest of the school, and seemed all right—when he got outside he was dull, and said he had a headache, and would tell his father—I saw him about 1.45 the same afternoon, in Park Street—he said he had a headache—I saw him again in the afternoon, and asked him if he had a headache then, and he said "No"—I did not state this to the Magistrate—my evidence was read over to me, but I did not put my mark to it—the deceased did not go to school that afternoon—he stopped away on the Tuesday morning—the first time I saw him there after the blow was struck was on the Tuesday afternoon, and he did his lessons as usual—he did not complain at all—sometimes he stayed away from school in the afternoon, and sometimes he went there twice a day—I did not see him after the Tuesday afternoon—that was the last time I saw him at school—the prisoner usually hit the boys with a cane—I have seen him box the boys' ears, and hit them in the same way, and they have cried—when they have not done their lessons properly they have had a cut on the hand—although the prisoner threatened Wyley he did not hit him a second time that morning—he was only hit because, on that particular morning, he had neglected to do his writing—it did not sound like an openhanded blow, or box on the ears, but like a flat-handed one—I told the Magistrate that I did not know what sort of a blow it was—I said that I did not know whether it was given with his flat-hand or his fist—it was never spoken about in the school afterwards—I was first spoken to by the parents of Wyley after the boy was dead—two boys took me to his house—I was not examined at the Coroner's Inquest.

MR. RIBTON. Q. Have you seen the prisoner strike boys before like this. A. Yes; he used to strike them on the top of the head—he has never struck me like that—he struck Wyley on the crown—I heard the sound of the blow—it seemed like a violent one—I saw Wyley put his head down immediately, and cry—he complained soon afterwards of his head aching, but not to me—in the afternoon he complained to me, when I saw him in Park Street, but he merely said he had a headache.

  SUSAN WYLEY . I am the wife of Henry Wyley, and live at 4, Park Lane, Dorset Square—I am the mother of the deceased—he was ten years old in January last—I remember his coming home from school on Monday, 31st August—previously to that time he was a strong healthy boy, and never bad a day's illness in his life, to my knowledge—he was a stout-built child—he attended St Cyprian Schools for a good many months, but I cannot say exactly how long—I spoke to him when he came home on the 31st—he had been crying very much, and seemed very low—I knew he had been crying, because the tears were all dried on his face—I asked him what was the matter, and he told me that his master had hit him a severe blow on the top of his head, that he had got such a pain in it that he could not hold it up—he sat in the room for a few minutes, then got up and went into the yard and vomited very much—he kept on vomiting, and did not go to school in the afternoon—he had gone to school that morning in his usual health; he ate a hearty breakfast, and there did not appear to be anything the matter with him—the next morning I went to his bed-room and asked him how he was—he said, "Not much better, mother"—he still kept vomiting, and complained of his head and back of his neck—the symptoms became more violent after a few days, and he seemed as if he was gradually sinking—he told me that he had not passed any urine for several days;

from the Friday till the Monday—MR. Baker, surgeon, saw him, and he ordered him to be put into a hip-bath, and that caused him to make water—he kept his bed for a fortnight before his death—he went to school on the Tuesday morning—he was not willing to go, but I said, "Pack of stuff, you will be all right;" and he went; that was the last time—he became much worse on the Friday, and, in consequence of that, I went to the school, but did not see the prisoner—I saw a gentleman whose name I do not know—in consequence of my communication to him and Mr. Sedgwick, a surgeon, between 5 and 7 o'clock the same day, I did not see him afterwards—I went, but he did not come to the child—I cannot say how long Mr. Sedgwick saw him; it was a very few minutes, at his own house—on the Monday, about 10 o'clock, I saw Mr. Baker, another surgeon, and told him all the symptoms of the child's illness; he prescribed for him, and saw him twice that day, and, I think, almost every day afterwards, up to the time of his death—he died about 2 o'clock on Sunday, 20th September, as mad as a dog ever was.

Cross-examined. Q. Is it an undoubted fact, that he did go to school on the Tuesday morning? A. It is; from the day after he received the blow, until the day of his death, he got gradually worse—the weather was not so hot, during the week commencing the 31st August, as it had been; if anything it was cooler; it might have been so hot as to oblige me to carry an umbrella, to protect my head and that of my son's—I always carry an umbrella in hot weather—on the Friday I sent the deceased of an errand, but it was only into Dorset Street, a few minutes' walk from where we live—I saw that he was very ill on his return, and that different symptoms had manifested themselves—it was before 8 o'clock in the morning I sent him out; he was only gone a few minutes—his brother lives in Norfolk Square, near the Great Western; I believe he went there on the Friday, about 1 o'clock; when he came back at two, he seemed to be much worse—I went in the morning to St Cyprian School, and saw the gentleman I have spoken of—I believe it was between 10 and 11 o'clock—when I saw Mr. Sedgwick, I told him that the boy complained of being hit—he put his hand on the boy's forehead in this way, and asked him if that was the place where the master had struck him—the boy said it was not, and Mr. Sedgwick then asked him where it was, and the child, to the best of my knowledge, put his hand up and said, "Hit me like this," only so much harder—I did not see Mr. Sedgwick examine the head, except in that way; I did not see him examine it all over; he told me to keep him quiet—it was before this that the lad had gone to Norfolk Square—MR. Sedgwick did not tell me that he did not find any tenderness about the boy's head—he said but very little about it—he did not say that it was the effect of the heat of the sun—he did not mention the sun at all—the Coroner's Inquest was not held in accordance with the wish of either my husband or myself—I supposed it was held because they could not give a certificate for burial—I did not get any of the witnesses to go there—there were no witnesses that I know of—I am not aware that a Mrs. Jordan was examined—the beadle told me that no witnesses would be required, and we did not interfere at all about it—MR. Sedgwick was not examined.

MR. RIBTON. Q. Was it in consequence of what was said to you on Tuesday at the school that you went to Sedgwick? A. Yes; the gentleman that I saw at the school sent to the clergyman, and he called at my house, and said he should like to see the child—he then mentioned

the name of Mr. Sedgwick, and in consequence of that I took him to his surgery—it is quite true that from the Monday to the Friday the lad gradually got worse, but of course I did not apprehend anything serious—on the Friday, after he had been out to buy some peas for his pigeons, he sat down and said, "Oh, mother, I have been looking at some boys flying their pigeons in Dorset Square, and I began jumping round and round, and I do not know when I should have stood still if a gentleman had not caught hold of me. Mother, I cannot look up;" and he put his hand over his eyes—he looked as white as a sheet when he came in, quite differently to what he did when he went out—on the Tuesday, Wednesday, and Thursday, he merely went out for a short walk in the street—the vomiting continued every day, but I cannot say how many times—he began as soon as he got out of bed in the morning—the inquest took place on the Thursday after his death—I did not understand it when the beadle brought the summons for my husband—I said, "Oh dear; I am sorry you have not summoned me in the room of my husband, for I consider I know more about the child's death than anyone else can do"—the beadle said that no witnesses would be required on either side—the two boys, Cobb and Toms, were not called at the inquest, but I and my husband were—the prisoner was called several times, but ho was out of the way—he attended afterwards, and said that he had a witness who could be heard—the inquest was reported in the newspapers.

MR. SLEIGH. Q. Did Mr. Sedgwick tell you to keep the child from the sun? A. I walked on the Monday morning to Mr. Baker's, and back again, with the boy—it was not a mile and a half from my house—my little boy did not walk all the way—I carried him part of the distance.

COURT. Q. What sort of weather was it on the Friday? A. It was a hot morning, but not so hot as it had been.

  HENRY WYLEY . I am the husband of the last witness, and father of the deceased child—my wife is a laundress, and I take and fetch the linen, so that I am from home a good deal during the day—the deceased was a very healthy child—on the 31st August I reached home a few minutes after he had come from school—he was sitting at the table, holding his head—I asked my wife what was the matter with him, and she said that his master had hit him on the head—I asked him what it was for, and the lad made some answer, but I do not know what it was—he afterwards said that he had a pain in his head and neck—I left him sitting at the table—he was there when I returned, and still held his head—the next morning he complained of his head—his mother tried to cheer him up, and told him he had better go to school, and he left home for that purpose—I saw him that day, between 1 and 2 o'clock—he "twizzled" about, again complained of his head, and vomited several times—the light seemed to affect his eyes, as when he held his head up he always shaded them with his hand—he said he could not look up, they ached so—on the Sunday he complained about his water, and said he had not passed any since the Friday—a few days before he died he had a little weak wine and water—he was always very dry, and drank a good deal of water—I think for eight or nine days he had nothing else—he suffered from thirst.

Cross-examined. Q. You knew there was going to be a Coroner's Inquest, because you were summoned? A. Yes—I had nothing to do with getting the witnesses together, and did not know who was going to be called—I was not aware that Mrs. Jordan was to be examined—I do not know that I

heard her evidence, but I knew she was a woman who went about the streets selling matches—it was not at my suggestion that the inquest was held.

  MARY ANN BROWN . I am the wife of Elijah Brown, and live at 83, Boston Place, Dorset Square—in August last I worked for Mrs. Wyley—I was at her house on the 2nd September, and noticed the little boy—he was lying with his head on his hand, on the table—he appeared to be suffering in his head—the prisoner came to my house on the 3rd September, and brought some shirts, but I did not see him on Sunday, the 6th September—he came to me and we had some conversation—he asked me if I worked for Mrs. Wyley, for if so he might get some information about the little boy—I said he was very bad, and that he had told me he was suffering from a blow which he (the prisoner) had given him—the prisoner asked me if I thought he would do such a thing—I said I did not know, but should think it very cruel if he did—he told me the boy was at school on Tuesday, the 1st September—he said, too, that he had not learnt his lessons when he came there, and he asked him the reason why, and the lad answered that he could not learn them because his head ached so from the blow which he had given him on the Monday—he allowed the boy half an hour to learn them, and the boy learnt them within the time—he then said that he remembered the time when he hit him, that he just merely tapped him on the side of the head, and he showed me how he did it, by tapping the head of my little girl—I told him the boy had said that he hit him on the top of his head, with his closed fist, and caused a pain down the back of his neck—the prisoner said that he did not hit him on the top, but merely on the side of the head—I did not see the lad again before his death—I had no further conversation with the prisoner—I saw the lad about throe times altogether—on one occasion, when I went to his bed-room, he did not seem to know anybody—he once said to his mother that he had no feeling in his fingers.

Cross-examined. Q. The boy went out a good deal on Friday, did he not? A. No, I did not notice him go further than the door—MR. Baker lives about three-quarters of a mile off—I do not know whether his mother took him there that day—I did not miss the lad for so long as two hours during the middle of the day—he did not go out to play with the other children on the Wednesday or Thursday—he went out for a few minutes merely—he seemed to be much worse on the Friday—I think the alarming symptoms showed themselves in the morning—I may have said to the prisoner, and also to his mother, that the boy told me that when he was hit on the head a pain ran down his neck—the mother told me what the prisoner had said to her—I was examined at the Police Court, and I repeated what the lad had told me—I cannot recollect whether I said at the Police Court that the lad had told me the pain ran down the back of his head and neck—I would not like to swear positively that I did say so—I have heard the expression used by other people—I have heard Mrs. Page say so—the matter was talked over by Mrs. Wyley and other persons—I was called before the Coroner, and I said that I never saw the boy ill, or heard him complain before this occurred.

MR. RIBTON. Q. Do I understand you to say that you told the prisoner what the boy had said, that a pain ran down the back of his head and neck? A. Yes, and told him so at the time—I heard it from Mrs. Wyley and Mrs. Page, as well as the boy—I was not before the Coroner more than ten minutes or a quarter of an hour.

  EDWARD GEORGE WOOD . I am an optician, carrying on business at 75, Cheapside, and produce a correct thermometrical chart of the weather during the months of August and September, registered at 8 o'clock in the morning, at my place—the chart shows the highest and lowest temperature each day—the maximum temperature, on the 31st August, was 73 degrees—the highest reading during August was on the 5th of that month, when the temperature was 84 degrees—I do not feel myself competent to say that 72 degrees of heat is enough to give sun-stroke if a person is exposed—on Friday, the 4th September, the temperature was 76 degrees—that was in the shade—my place is on the south side of Cheapside, and so situated that we obtain a fair temperature—on the following day it rose one degree, and then there was a fall to the 7th.

Cross-examined. Q. What was the highest temperature during the week beginning the 31st August and running into September? A. That was on the 3rd, when it was 78 degrees—the highest temperature of the week before the 31st was on the 27th, when it was 72 degrees—I cannot give you the average temperature for the week without casting up the figures—I should think the average temperature of the two weeks was pretty nearly the same—this summer has been a particularly hot one—the hottest day was the 22nd July, when the temperature was 92 degrees in the shade.

  ROBERT GEORGE CHIPPERFIELD . I am a solicitor, and have been in practice for upwards of twenty-four years—I saw the Wylcys in this matter on the 29th September, after the Coroner's Inquest had teen held—I had received a letter that morning from the Marquis Townshend, calling my attention to a report in the Times—the Wyleys said they had no means for prosecuting the matter.

Cross-examined. Q. Then we may take it that the Marquis Townshend finds the money for this prosecution? A. He instructs me, certainly—until I received instructions from his lordship I knew nothing of the matter.

  CHARLES HEAD . I am an inspector of police—I received a warrant on the 10th October for the apprehension of the prisoner—he surrendered himself at the station after I had made inquiries about him—it was about a week after the warrant had been.

  EDWARD GEORGE WOOD (re-called). I am now in a position to state the average temperature of the two weeks referred to—from August 25th to the 31st, both inclusive, it was 68 1/2 degrees—from September 1st to the 7th, both inclusive, it was 75 1/2 degrees—this takes in the whole 24 hours of each day.

  AMY PAGE . I am the wife of William Page, shoemaker—I knew the little boy, Herbert Wyley—I saw him on the Friday after he was struck—he was in Dorset Square, leaning back on a doorstep against some railings—that was about 1.30—I asked him what was the matter, and he said he was not well—his schoolmaster had hit him on the head—he complained of his head.

  GEORGE BENSON BAKER . I live at 42, Grove Road, and am a Member of the Royal College of Surgeons—on the 7th September the little boy, Wyley, I believe, was brought to me by his mother—it was about 11 o'clock in the morning—the boy told me the particulars of his illness—when I examined him externally I found that he complained of a good deal of pain in his head—his eyes were intolerant of light, and when he left his mother's chair to be examined more particularly, he walked with a tottering gait and staggered—he said, in answer to my inquiries, that his bowels were not open, and he had not passed his water—I put my hand on his head and pressed it

firmly, to feel if there was an effusion under the scalp, because he had told me that his schoolmaster had hit him on the head with his hand—I did not find any bruise, or any indication of a blow—he complained of pain when I pressed his head—I did not find the scalp elevated from the skull—he complained of soreness when I pressed my hand, and also of pain through the head and neck, but there was no external mark that I could discover—he pointed out the place on his head where he had been struck—he said it hurt him when I pressed my fingers in there—I cannot account for there being no external mark—I simply mention the fact—I attended him to the time of his death—I told his mother that he was in a bad condition, not fit to be brought out, and that he ought to have been kept quietly at home—I ordered a bath and a purgative to be given to him immediately—before his death symptoms of an aggravated form manifested themselves, and they continued till he got effusion on the brain, and then he became in a comatose condition—I made a postmortem examination—I removed the scalp, but did not find any mark of external violence—on removing the skull I found that the membranes covering the brain, and at the base of the brain, were thickened—this was the result of extended inflammation—there was inflammation under that part of the skull where the deceased said the blow was struck—it was under the crown of the head, and extended down to the back of the neck—such a blow might be struck, and yet leave no external mark—in my judgment the cause of death was concussion of the brain—I mean by that, vibration of the brain substance, or, as the French term it, a commotion of the brain substance; a shaking of the brain—there may be concussion of the brain without any external evidence of the actual injury—I think a man is capable of giving a blow on the head of a child, in chastisement, and produce concussion of the brain—from what I have heard and seen of the size of the prisoner, I should say that a blow like the one described is sufficient to account for the injury I found on the brain—I think concussion may be caused by a blow with the palm of the hand, as well as with the hand shut—the boy's skull in this instance was very fairly ossified, considering the age of the boy—a blow of the sort given on the top of the head would be very likely to damage the brain going down to the base of the skull—the vomiting on the Monday and subsequently would be an indication of injury to the brain—vomiting continued nearly up to the time of his death—his inability to bear light, the retention of urine, and the tottering gait, indicated injury to the cerebellum, which I assumed was the effect of a blow, and which prevented him having control over the muscular actions—the effusion on the brain was the consequence of inflammation—the immediate effect of the blow would be a stunning, temporary insensibility—the laying of the head on the desk was the result of the injury—after a time he rallied, and became sufficiently susceptible to walk home—the concussion of the brain, arising from the blow, was the cause of death, in my opinion.

Cross-examined. Q. You have been a qualified surgeon for about four years? A. Yes, and have been in practice during that period—I have had two cases of sunstroke this year, and both resulted in recovery—I had not previously to this mode a postmortem examination in a case of sunstroke—the symptoms of concussion, immediately upon injury being received, might vary very considerably—they would depend upon the amount of concussion—there would be stunning, or insensibility, more or less—the patient might

appear to lose his senses momentarily—the dropping of the head would denote a degree of insensibility—I do not call putting his head on his arms on the desk and crying, insensibility—the tottering gait, the pain at the top of the head and neck, the constipation, vomiting, and retention of urine, are all symptoms of concussion—thirst is a symptom of sunstroke, but I do not know that a tottering gait is—a tottering gait might be produced from giddiness consequent upon sunstroke—pain at the top of the head and back of the neck would be a symptom of sunstroke—it would be a symptom of cerebral irritation, which might come from sunstroke—vomiting and retention of urine at certain periods would also be symptoms of the same—I will swear that the deceased did not die from sunstroke, to the best of my knowledge—I certainly said, when before the Magistrate, that certain of the symptoms might arise from concussion of the brain or from sunstroke—I said that, on removing the skull, I found that the membranes of the brain were thickened, caused by inflammation of the brain—I also said there was evidence of effusion from the inflammation, that I attributed it in the first instance to congestion, and then to inflammation succeeding that; and that external violence or sunstroke might produce congestion of the brain—I undertake to say that the symptoms in the case of the deceased were not consistent with death by sunstroke—all the symptoms have not been taken in—you have not included all the symptoms of the child when living—some of the symptoms you have named are consistent with sunstroke—I knew that Mr. Sedgwick had seen the boy before I had—I did not suggest that he should be called in when I made the postmortem examination—cases of sunstroke certainly have been prevalent during the past summer—there may be congestion of the lungs in sunstroke—any red spots, or ecymosis, might have been removed by the time I made the postmortem examination—I do not think the blow in this case was sufficient to rupture any large vessel in the head, but it might rupture a smaller one, disturb some nerve centre, and bring on inflammation and death—in sunstroke a person gets giddy, falls down, and lies quiescent—he is afflicted with vertigo or dizziness.

MR. RIBTON. Q. You say there were symptoms present during the lifetime of this boy that you should not expect to find in sunstroke? A. Yes—I should not expect to find the tottering gait as I find it in him—I should expect a frequent desire to pass water, which was the opposite here—in sunstroke you find a very great acquisition of heat, the body becoming exceedingly hot—in this case it was not so, the body being cold and pale—again, the skin becomes rough and scaly, perspiration ceases, and the heat of the surface becomes intense to a degree—I did not find this in the deceased—if he had had sunstroke on the Friday I should certainly have expected, when I saw him on the Monday, to find the skin rough and scaly, and the heat of the surface increased—there are some few cases in which congestion of the lungs has not been present in sunstroke—in the ordinary course of things, I should expect to find it, but I find nothing of the sort in this case—the other parts of his body were perfectly sound—in slight cases of concussion the patient may feel giddy and confused for a few minutes only; in others consciousness is affected, and he may feel faint and weak, and unable to stand—in severe forms the patient becomes cold, and only answers when spoken to in a loud voice—the second stage, after a few minutes, commences; the circulation stops, the pulse becomes feeble, and the patient vomits—sunstrokes were prevalent in July and August, and the beginning of September, in this year.

COURT. Q. Might vomiting be caused by excessive heat of the weather? A. You may get nausea from any number of causes—I attribute the death of the boy to the blow he received; as judging from the whole case before me, he died from effusion on the brain, caused by the blow—supposing the inflammation which caused his death was the consequence of a blow given on the Monday, I should not expect that the boy would have got better between the time when the blow was given and the Monday when I saw him, if it was to result in death ultimately—the lad might have gone to school on the day after he was struck, as the symptoms might have developed themselves afterwards.

  MR. WARNER SLEIGH called the following witness for the Defence.

  WILLIAM SEDGWICK . I live at 12, Park Place, Upper Baker Street, and am a member of the Royal College of Surgeons, and a licentiate of the Society of Apothecaries—I have been to India and China, and in those countries, as well as in England, have had great experience in cases of sunstroke—on the evening of Friday, the 4th September, the deceased boy was brought to my surgery by Mrs. Wyley, who was accompanied by the Rev. C. Gooch, the clergyman of the district—in consequence of an application being made to me for advice, I made a very careful and prolonged examination of the deceased's bead; in the first place, for the purpose of ascertaining whether there was any lump, swelling, or sign of external violence; there was none—I then examined it with the points of my fingers to see if there was any tenderness in any part; there wasz none—I then proposed to make a medical examination of the child, and I examined the tongue, the condition of the eyes, and the skin, and from the symptoms of cerebral excitement that were present, from the top of the head, and the heat generally about the upper part of the body, from the quickened pulse, from the excited appearance of the eyes, from the pain complained of at the back of the head, and generally in the head, I formed the conclusion, from the statement of the mother and of the boy himself, that he was suffering from exposure to the sun—I told the mother there was nothing to indicate to me, as a surgeon, that the child suffered from any blow—having previously ascertained that he had some constipation of the bowels, I directed her to give him a dose of opening medicine, and to keep him quiet at home, and I intimated that she might expect the symptoms would subside—before the child left my consulting-room I directed the attention of the mother to the formation of his skull, and to a somewhat peculiar projection of the forehead as being an additional reason why she should keep him at home, and not allow him to be exposed to the sun, and told her with that formation of head the child might be more liable than other children to suffer from exposure—there are two forms of sunstroke recognized by the medical profession—this was the cerebral form, which affected the back of the neck—I have not heard anything to give me the slightest idea that there could have been concussion in this case.

COURT. Q. Without finding insensibility, you do not believe in concussion? A. I do not; in concussion the symptoms come on immediately a blow is struck—there would be a sudden interruption of the function of the brain—there might have been exposure to the sun on the Monday, causing sickness, but not amounting to sunstroke.

MR. SLEIGH. Q. You cannot rely upon the condition of the urine, as showing whether cerebral excitement is due to the sun or any other cause? A. No, we cannot—the tottering gait, the constipation, and the vomiting, are all consistent with sunstroke—the tottering gait is very indicative of

the cerebral form of sunstroke—retention and the increase of urine might both occur in cases of sunstroke—I believe the child died from effusion on the brain, the result of sun-fever, which is the terra now given to what was at one time called sunstroke—a patient may have sun-fever after being exposed to the heat of the sun, with exposure to the direct rays—I do not think he died from concussion of the brain airing from violence—numbness in the hands is very frequently the first features of sunstroke—in this case it was very indicative, in consequence of the child being transient.

JURY. Q. One of the witnesses has described the boy as jumping round and round; is vertigo a symptom of sun-fever? A. It is merely a symptom of giddiness—the turning round involuntarily is a symptom of sun-fever.

Cross-examined by MR. RIBTON. Q. Are you of opinion that the blow on the top of the head had nothing to do with the child's death? A. I am; and that has always been my opinion; I say it is my opinion, that he was not suffering, directly or indirectly, from any blow received, then or at any period of his life—I was not present at the inquest, and cannot say what evidence was given by the gentleman who made the postmortem examination of the body—I was not permitted to be present at the inquest—I received no notice of it—it was concealed from my knowledge—(A letter, written by the witness to Mr. Bakery dated 26th September, 1868, was produced)—That letter is in my hand-writing—I wrote the words, "Dear Baker, I intended to have been at your inquest on the little boy, Wyley, but could not manage it"—the hour at which it was held was concealed from me—"He went, it appears, to school up to the time he was brought to me, when I advised he should be kept at home * * * he was only a little strange at the time. It was impossible to say whether the symptoms were due to the blow or to heatstroke, to which he was exposed"—Hearing afterwards of the death of the child, it was impossible for me to form an opinion whether there might not be extravagasation of the blood subsequently, and an interruption of all symptoms previously—I have quite forgotten the circumstance of having expressed myself so decidedly in that letter, but with regard to the symptoms, as showing that death arose from concussion of the brain, I may say there was nothing at all to indicate that—I must admit that the expression in the letter is more doubtful than I could have been justified in stating, but with regard to the interruption of the symptoms, when we hoar of death under those circumstances, we are always aware there may be an interruption in the sequence to a certain extent—the letter was written after the death of the, child; and then, hearing the child had died, I could not be able to give so decided an opinion until after the postmortem examination had been made—we might have found extravagasation of blood, which we could not tell before—I believed it when I wrote the letter, but I say that I should not have expressed myself so decidedly, hearing that death had taken place—the next sentence, "I therefore decline to give any opinion as to the cause of the symptoms," is a misstatement, arising from forgetfulness—"I should have been rather desirous of seeing an undoubted case of heat or sunstroke, and thought it possible that this might have been one;"—I mean by this that I have seen a great many cases of sunstroke, but I have not been present at a postmortem examination of a person who had died from one—the point of interest to a medical man in the case was, that hearing death had occurred, I was desirous of knowing whether it had been an uninterrupted case, resulting from an undiscovered injury during life, or not

—by saying that I wanted to see an undoubted case of sunstroke, I meant a postmortem examination, as being a matter of interest to me—"Of course, the postmortem appearance would be vague, and, in some respects, negative;"—In the face of this I still adhere to the statement that I was desirous of seeing one case of sunstroke, with reference to a postmortem examination of the body—I mean by "vague" that we should not be able to tell, from the appearance after death in the brain, that that was the condition resulting from any one form of disease of the brain during life, necessarily—the extravagasation of blood would prove a fact in the case that there was a blow given during life, which would, to a certain extent, show that death might possibly not have been absolutely due to sunstroke—I mean that if I had heard there was extravagasation of blood, then that that extravagasation had been caused by a blow—that there was no extravagasation of blood is not the only reason why I think death was not caused by a blow—in this case there was an absence of any mark on the place of injury—if it had been a slight blow the marks might have disappeared between the day that the boy was struck and that on which I saw him—if there had been a severe blow it certainly would have showed itself, and I do not believe the evidence as given by the two boys—I do not think the prisoner struck the deceased in the way they have stated—the letter goes on, "The report of the case in the papers is too short, and influenced too much by local party feeling, to be of any medical value"—I mean by "local party feeling" the statement that the boy was struck at a school represented as being a Roman Catholic one—it is not a Roman Catholic school—the party feeling referred to the religious aspect which was given to it—I have attended the Rev. Mr. Gooch professionally—he passes the door of the house occupied by the Wyleys, which is near to the vestry of the church, and I supposed he asked how their son was, and then that Mr. Sedgwick would see him—the school is a district school, maintained by contributions—I had not spoken to Mr. Gooch before I saw the boy—the boy told me that the blow was given by the master with his flat-hand—the fact of the boy crying immediately after the blow showed that he was not unconscious—the signs of concussion vary according to the severity of the injury—there must be partial unconsciousness in every case of concussion—I do not agree with the opinion that in slight oases the patient may be merely confused and giddy for a few minutes—the sinking of the lad on the seat immediately after he was struck, and his remaining motionless for a few minutes, may be accepted as a condition of concussion—vomiting is a sign of recovery from concussion—it is the first symptom which a surgeon looks upon as the most favorable—patients vomit on recovering from unconsciousness.

MR. SLEIGH. Q. Had you so far forgotten that you had written the letter to Mr. Baker as not to tell the solicitor or myself that it was in existence? A. Yes—I was very anxious to be present at the postmortem, because I expected to find extravagasation—the words "It was impossible to say," refer to the time I examined the boy—the difficulty of the case arose from hearing there was death, and the possibility of extravagasation of blood being found; therefore until the postmortem examination was made I declined to commit myself to an opinion; I could not feel justified in doing so—I did not receive any summons to attend the postmortem—I remained at home during the greater part of the day, as I supposed they would naturally send for me when the time came—if the child had died from concussion

I should have expected to find evidence of either extravagasation of blood or ecymose spots on the brain, or one or both—effusion on the brain would be a negative symptom, and would not show anything—the child showed me how ho was hit by the master—he said he was hit like this, with the palm of the hand—notwithstanding all that has taken place, I am still of opinion that the boy died from sun-fever.

  LYDIA CARROLL . I am the wife of Edward Carroll, a coachman, who has lived for twenty-nine years at 38, Dorset Square—I have known Mr. Cosbey ever since he first kept this school, about twelve months—my boy went there, and speaks of him in most high terms; and among the boy's mothers generally he bears a very high character.

Cross-examined. Q. Are you a member of this congregation? A. No; I go to the church occasionally, it is a High Church—I never heard of boys being beaten on the head at the school—I have heard that the prisoner has been dismissed since this, and I am very sorry for it—Mr. Gooch dismissed him—I never heard of a boy named Smith being taken from the school in consequence of having been struck on the head, or Shields, or McGrath—I never heard of any.

MRS. LACY. I am the wife of John Lacy, a tailor, of 14, Wells Street, Oxford Street—I have known the prisoner about twelve months—my little boy goes to his school, and he has always been very kind to him, and he bears that character, among the choir particularly.

Cross-examined. Q. I suppose he never struck your boy? A. No—I asked one little boy if he was struck, and he said yes, but he deserved t—I never heard of his striking boys on the head—I heard that he was dismissed, and I went to Mr. Gooch to ask to have him taken back again—I never heard of Shield and McGrath being taken away from the school.

  JOHN LACY . I am fourteen years old, and am son of the last witness—I have been in the prisoner's school twelve months—he is a kind, good master.

Cross-examined. Q. Did you know Shields? A. Yes—he left the school for a little time—just before he left he had been struck, I do not know where—I did not know Smith—I knew McGrath, he left the school—the master wanted to strike him because he was going to throw a slate at him—he did strike him once, I think with the cane, because he did something wrong, and then he took up the slate—he was not removed by his parents, he went out of the school himself.

NOT GUILTY .

The Prisoner was subsequently tried for an assault. (See Old Court, Thursday.)

THIRD COURT—Wednesday, November 25th, 1868.

Before Mr. Common Serjeant.

 

56.   WILLIAM BIRD (45) , PLEADED GUILTY . To embezzling and stealing the sums of 4l. 7s. 3d. and 2l. 11s. 7d. the monies of   James Alfred Hammond and another, his masters; and also to forging a request for the payment of money, with intent to defraud— GUILTY .— Fifteen Months' Imprisonment .

 

57.   FRANK SMITH (21) , Robbery with violence on   Dennis Sullivan, and stealing 6s. his money.

MR. WOOD conducted the Prosecution.

  DENNIS SULLIVAN . I live at 12, Crown Court, Glasshouse Street—on the Saturday night previous to the 7th November, I was in Leman Street—I had been drinking too much—I had six or seven shillings in my waistcoat pocket, in a purse—I was knocked down by somebody, and my pocket torn out—my money was taken away—some of it fell on the pavement—2s. 11 1/2d. was afterwards picked up close to me—I called out, and a policeman came up—I did not notice anyone with the prisoner.

  JOHN HOLMESTONE (Policeman H 40). On Saturday night, the 7th November, about 12 o'clock, I was in Leman Street—I heard a cry of "Stop thief!"—I ran to the spot, and saw the prisoner standing over the prosecutor, in a stooping position—the prosecutor was on the ground—the prisoner was shaking him about, as if he was tearing his clothes—he was crying out—when the prisoner saw me he let go of the prosecutor and came up towards me—he was dropping the money as he came along—I afterwards picked up 2s. 11 1/2d.—I took him into custody, and asked him what he was doing—he said, "Nothing"—I asked him what he was dropping the money for—he said he was not dropping any money—I took him to the station—the prosecutor came up and said he had been knocked down and robbed of his money—the prisoner said he knew nothing about it—I told him I saw him standing over the prosecutor, and he said he did not—I searched him at the station, and found 3 1/2d. in copper, a purse, eight duplicates, and in his left trousers pocket this piece of cloth, which corresponds with a hole in the prosecutor's waistcoat—the prisoner said it came from his own waistcoat—I did not see anyone near except the prisoner.

Prisoner's Defence. I never was in prison before. I went up to see what was the matter with the man. He said his money was taken, and being drunk, he dropped some money out of his pocket.

GUILTY — Fifteen Months' Imprisonment, and Twenty Strokes with the Cat .

 

58.   CHARLES SEILER (20) , Feloniously wounding   Priscilla Russell, with intent to kill and murder her. Second Count—With intent to do her grievous bodily harm. In other Counts the name of the prosecutrix was alleged to be Priscilla Cornwall Osler.

MESSRS. POLAND and BEASLEY conducted the Prosecution.

  PRISCILLA RUSSELL . For some six or seven years I have been going by the name of Russell—I was engaged to be married to a Mr. Russell, and took his name after his death—on Sunday, 20th September last, I was living at 64, Tavistock Terrace, Westbourne Park—my servant, Mary Seiler, had been out that night, and had returned—we were the only persons living in the house—about 10.30 we were in the sitting-room together—I heard a noise down stairs, and asked her if she had left open the outer door—she hesitated, and then she said, "Yes, to let the dog out"—I then went down stairs and found that the door was unfastened, but I don't know whether it was opened—I went down first, and Mary followed me, carrying the tea-tray down—I then went and looked about the kitchen and the breakfast-room, but did not see anyone in either of the rooms—Mary looked into the two cupboards, one under the stairs, and another one a little further on—she said there was no one there—I did not look myself—I went with Mary and looked in the scullery, and also a closet in the scullery—there was no one-there—that was the whole search I made—everything then appeared to be

quiet, and we went up stairs again—I asked Mary to fasten the back door, and I believe it was fastened—the area door was fastened at the beginning of the evening, and I did not look again—before going to bed the gas was turned off at the meter—I went to my bed-room, and Mary went to hers—my room is on the same floor as the sitting-room, only two steps lower—the window looks into the back garden—Mary's room is at the top of the house, also at the back—at that time the gas was turned off at the meter, and there were no lights at all—between 1 and 2 o'clock I was disturbed by the dog growling—he was lying on the foot of my bed—I saw a light shining through my door, which is half glass—I called out, "Mary, is that you?"—I received no answer, but the light was put out immediately—my door was a little open—I hesitated what I should do, and whilst doing that I heard a rustling noise, apparently on the stairs, going from the dining-room to the kitchen, outside my door—I was afraid to go to the door, in case someone might hurt me—the key of the door was outside—I jumped out of bed, and said, "Jip, there are thieves in the house; at them!"—I went to the window, and pulled up the Venetian blind—I opened the window, and was in the act of getting out, screaming "Murder,!" and "Police!" when someone pulled me back into the room—I can't say whether it was a man or a woman—I had a struggle—I don't remember the first blow, which must have been the one on my forehead—in the struggle I took hold of the person's hand several times and prevented many blows—I took away a knife from the person's hand—at the time I took the knife away, the person had ray wrist, and was in the act of cutting my throat—I received all the wounds on that occasion in that struggle—I don't know whether there was one or more in the house—my notion was that there were more, from the noise that was made—directly I took the knife away, they tried to make their escape—I got out of the window then—I don't know how I did get out—I recollect being found at the bottom of the garden, and Mr. Smith, a neighbour, and a policeman coming to me—when I took the knife away from the person I got out of the window with it, and kept it in my hand till I got to the bottom of the garden, and then I placed it on the wall—I told Mr. Smith where he would find it—I had left two 5l. notes in a desk in the dining-room—the desk was locked—two 5l. notes were missed from my desk afterwards, and the desk was broken open—there was a purse also in the sideboard drawer, which was safe the night before—it contained six or seven shillings—that was missing, and also an opera-glass—I thought there might be more than one person, from the noise that was made to get away.

  MARY SEILER . I am now living at 18, Heathfield Street, Notting Hill, with my mother—on Sunday, the 20th September, I was living with Mrs. Russell, and on that evening I went out at 6.50, and came back about 9.3—Mrs. Russell let me in—there was a lady and gentleman there, who had come after the apartments, and they were afterwards let out—while we were at supper I heard a kind of creaking noise down stairs—I had opened the back door after I came in, as I did every night, to let the dog out, and I had not fastened it up again—we went down stairs and looked into all the cupboards—we never looked up stairs at all—I did not see anyone down stairs—I fastened all the doors before we went to bed—I turned out the gas at the meter—the windows were all fastened—Mrs. Russell then went to bed, and I went as well—about 1.30 I heard my mistress calling for help—I heard the dog growl, and then there was a kind of scuffle in the bed-room—I went down two or three steps, and then heard the door bang—I can't say whether

it was her bed-room door—I went back again and went to the window, and called "Murder!" and "Help!"—I got out of the window and on to a lead flat, a and there I shouted for help and called "Murder!"—I remained on the flat till the police came—I then went over the house with the policeman—this hatchet was kept in the kitchen in the tool-box—I had Been it there, on the Saturday—this knife is the bread-knife—that was kept in the side-board drawer, in the dining-room—I had seen it there two or three days before—it had not been moved, to my knowledge—I saw this desk broken open, and the rooms in great confusion—I had been about seven weeks with Mrs. Russell—the prisoner is my brother—I saw him at my mother's house when I went out for a few hours—I was in his company about an hour—my mother's house is about twenty minutes' walk from Mrs. Russell's—my brother was in the 59th Regiment—he had left the army, and had come to live with my mother—I believe he was unfit for service—I did not see the hatchet found—I did not see it till the constable brought it in and showed it to me.

  WILLIAM BOONE (Policeman X 318). I was on duty about 1.55 on the 21st September—I heard the screams of a female—I was addressed by someone speaking out of 66—someone called out, "64"—I went to 64, but could not get in—I then went back to 66—I asked the person there to allow me to go through his house—it was next door—he went with me—when I got to the back I saw a female standing on the leads, at the back of the top window of 64—she was screaming then—I got out of the back window of No. 66, to the back window of 64, and then got into the house—I asked the gentleman to come in with me—he said he would fetch some-one else—I got the servant into the house myself—she was in her nightdress—I went down stain and searched the house—I waited till the gentlemen came from next door, Mr. Smith and Mr. Batchelor—we then searched the house from top to bottom—we did not find anything till we came to the dining room floor—in the dining-room the gas was burning, and the contents of the plate-basket were strewn about the floor—the door was about half open—the sideboard drawers and doors were all open—Mary Seiler then showed me her mistress's bedroom—the door was a little way open, and the back window was open—the dressing-table and all that part of the room near the window was in disorder—there was blood on the dressing-table, on the floor, and on the window ledge, and this hatchet was standing just under the window, inside the room, all covered with blood—there was no one in the room—we then went down in the kitchen—the gas was burning there, and the door was open—there was a large desk open on the floor—it appeared to have been broken open—the papers were lying on the table and on the floor—the front area door was open—I then went into the garden—there were some area steps leading on to the pavement—the door was open at the bottom of the steps leading into the house—I went into the back garden—the door was locked on the inside—I opened that, and went into the garden—I looked about under the window, but there was nothing but blood on the ground—I heard a female voice, at the bottom of the garden, say, "Here I am, if you are looking for me"—I went and found Mrs. Russell there—she was lying on the ground, partly on her right side, covered with blood, in her nightdress—she had a large cut on the neck, penetrating the ear—she had cuts and wounds—Mr. Smith was with me then, and he went directly for a doctor—I asked Mr. Batchelor to assist me to take her in, but he said

he could not, and turned away—I remained there till Mr. Smith came back, and we carried her into the house—I afterwards saw Mr. Smith bring this knife from the garden—it was covered with blood—I produce a pair of boots and a cap—these boots I found covered up in the garden with the mould—the boots are marked, "1326, 59th Regiment"—the cap I found on the dining-room table—the boots were at the far end of the garden—the garden is about ten yards long.

COURT. Q. Was it grass or mould? A. There was a small grass-plat and gravel—there were no footmarks, the ground was not of a nature to show them—Mrs. Russell was lying with her arm across the boots—I could not see any signs of anyone having got over the wall—the front area door was open—there was a gate at the top of the steps, hut the railings were very easy to get over—there were no marks on the railings.

  STEPHEN SMITH . I live at 42, Tavistock Crescent, and am a gas-fitter—on this Sunday night or Monday morning, about 1 o'clock, I heard screaming, and I afterwards went with the constable to 64, where Mrs. Russell lives—I found on the garden wall the knife produced—the wall was about five feet high—anyone could put it on the top—I was present when the house was searched—I found the dog locked in the breakfast-room—that is on the basement floor—I did not observe any blood on the dog—the breakfast-room was a back room—that room was dark.

  ROBERT SEILER . I live with my mother, at 18, Heath field Street, Notting Hill—my brother was living there up to Saturday, 19th September—he had left his regiment about three or four weeks—he took something of my mother's; she spoke to him about it, and he left on the Saturday, in a tember—I never saw anything more of him till he was in custody in October—he has been in the 59th Regiment—I believe this cap and pair of boots to belong to him.

  JOHN HAYNES . I live at Alperton, in Middlesex, and am a hay dealer—on Monday morning, 27th September last, the prisoner came to me about 5.40—he came and spoke to me—that is about six and a half miles from Westbourne Park—he had no cap on, but a white handkerchief tied over his head, and no boots on—he asked me if I had an old pair of shoes and a cap—he did not want me to give them to him, he would pay me for them, as he was not short of money—I went home for a pair, and during the time I had gone, some other men brought him a pair round, and a cap as well—I asked him how he came to lose his boots, and he said he had had a little too much to drink, and had laid down and been to sleep, and had lost them—he had some socks on—he threw them down at the corner of the wall, against the stable—these are the socks (produced)—they were smothered with mud—after that he went away—he did not pay for the boots—the socks are marked, "C. S., 1326."

  MARY SEILER . About three weeks before this happened, the prisoner came from his regiment to live with me—on the Saturday I bought him a cap of a Mrs. Bull—that was in order that he might go and look for work—this is the cap—he went out about 12.30 or 1 o'clock in the day—I never saw him again till he was in custody—I thought he had gone to Ealing—he cannot write.

  MATILDA BULL . I am a clothier, at 65, Princes Road, Notting Hill, and am the wife of William Bull—on Saturday, 19th September last, I sold Mrs. Seiler this cap for a shilling—it is the same cap.

  WILLIAM MERRITT . I am superintendent of police at Chatham—on 19th

October last, the prisoner was in custody at Canterbury, upon a charge of two burglaries—after he was committed, I brought him out and read over the Police Gazette, where there was a description of the outrage at Notting Hill, and the person supposed to have committed it—after I had read it, I said, "You are not obliged to say anything to me unless you think proper to do so, as most probably I shall have to repeat it elsewhere"—I said, "The person described is the name of Charles Seiler alias Smith; in your possession is found a discharge with the name of Charles Smith, 59th Regiment, Gosport: further, there is the name of Sarah Price tattooed upon one of the arms, and an anchor on the other; those marks you have also, are you the man?"—he said, "Yes, I did that, but not these two"—that was the two burglaries he had been committed for—I said, "When did you see your sister last?"—he said, "Not since I left the house"—I said, "How did you get in?"—he said, "By the garden door, which was left open"—"When did you leave?"—he said, "I heard them coming down stairs, and I left before they went to bed"—the following day, while conveying him to Canterbury Gaol, I asked him where he had passed his time from the time of the outrage till he came into our hands at Chatham, and he said, "After the occurrence at Notting Hill, I was passing along the road, and I asked a costermonger to give me a ride; he said, 'Jump up,' and I did so; he then spoke of the outrage at Notting Hill, and said, 'The man has no shoes or stockings on;" the prisoner said, "If he had looked at me, he would have seen that I had no shoes on"—that is all that passed.

  STEPHEN HIBBERD (Kent County Constabulary 169). I keep the lockup at Chatham—when the prisoner was brought there on the 19th October, I searched him—I told him he answered the description that was in the Gazette—I found this discharge upon him—(This was a discharge from the 59th Regiment of Foot, No. 1326, name Charles Smith, character and conduct in the regiment very good. He was discharged on 25th August, 1868; place of residence Notting Hill, London. It also stated that there was the name of Sarah Price tattooed on his right arm).

  GEORGE URBER (Police Sergeant X 10). I was at the Hammersmith Police Court when the prisoner was brought there on this charge—when the charge was read over to him, ho said, "I was in the house, I did not assault the lady, and I did not steal anything, but I should have done so, if I had not been disturbed.

  WILLIAM GEORGE TILEY . I live at 4, Tavistock Road, Westbourne Park, and am a surgeon—on the morning of 21st September, about 2 o'clock, I was sent for to see Mrs. Russell—she was then in the garden—she was assisted to my house, and I have attended her ever since—there was a compound comminated fracture of the skull—in my judgment that was inflicted by this hatchet that was shown me—there was about two inches of the skull crushed, sliced off—I have the fragments here—there was a wound seven inches long, extending from the back of the head through the ear on to the cheek—there was another perpendicular wound on the cheek, several cuts on the hands and wrists, and on the shoulders one or two—there was also a deep punctured wound on the upper part of the right leg, about an inch and a half long, probably done from a stab—the calf of the same leg was very extensively bruised, as if violently grasped—I saw the knife, it had blood upon it—a knife like that would inflict some of the wounds which I have described—there was also blood on the hatchet—Mrs. Russell is still in considerable danger from the loss of skull—there was no wound on the throat—I have described all the wounds.

COURT. Q. From the wounds that you have described, supposing they were inflicted in course of a struggle, was there anything in the number, or character, or direction of them that necessarily involved the conclusion that they were inflicted by more than one person? A. No—they might have all been inflicted by one person—the wound on the face began almost at the middle of the back of the head, and extended completely through the ear on the cheek—the blood would not spurt from these wounds—there was no principal artery divided.

Prisoner's Defence. I am innocent of touching the lady. I was in the house at the time, but I did not touch the lady.

COURT to MARY SEILER. Q. In what clothes was your son dressed on the Saturday? A. A pair of regimental trousers with the stripes off, and a black cloth waistcoat and coat—I believe he has the same clothes on now.

COURT to STEPHEN HIBBERD. Did you see what clothes he had on? A. A black cloth coat and waistcoat, dark regimental trousers with the stripes off—I have examined the dress carefully, I found no blood on it—he was taken on the 17th October—this happened on the 19th September.

GUILTY .—He further PLEADED GUILTY to having been before convicted on 3rd January, 1867.**— Fifteen Years' Penal Servitude .

FOURTH COURT.—Wednesday, November, 25th, 1868.

Before Robert Malcolm Kerr, Esq.

 

59.   HENRY BOFFEE (38) , PLEADED GUILTY to stealing 2 lbs. of pepper, 2 lbs. of ginger, and other articles, of   Thomas Westwich and another, his masters.— Twelve Months' Imprisonment .

 

60.   EDWARD HARRIS (19), and   ALEXANDER RICHARD HENDERSON (16) , Stealing 20 gallons of gin of   Peter Febut, in his dwelling house, to which HARRIS PLEADED GUILTY .— Twelve Months' Imprisonment .

MR. WOOD, for the Prosecution, offered no evidence against HENDERSON.

NOT GUILTY .

 

61.   JOHN TRIBE (20),   NICHOLAS HIGGINS (17), and   JOSEPH COLLINS (20) , Burglariously breaking and entering the dwelling-house of   Levinski Petes, and stealing therein 24 boots, his property.

MR. MOODY conducted the Prosecution.

  LEVINSKI PETES . I am a bootmaker, of 43, Bedford Street, Commercial Road—my place was broken open on the night of the 7th—I saw it fastened up at 12 o'clock on Saturday, and between 1 and 2 o'clock on Sunday I was called by my son, and found the shutters forced open, the sash line cut, and the window taken off—the room was all in confusion, and I missed a lot of bronze boots and shoes—I went into the street and saw Tribe in custody—these boots (produced) are mine—they were safe when I fastened the house.

  WILLAM CARTER (Policeman K 78). On 8th November I was in Nelson Street, about 1.30, with Drew, and met Tribe coming out of Frederick Place, immediately at the back of Mr. Petes' house—I said, "What are you doing here?"—he said "It is all right, I work for Mr. Salter"—at that time Higgins ran away, up Fenchurch Place—I took Tribe to the station, and as I did so he dropped two pair of boots, wrapped up in paper.

Tribe. When this policeman seized me I was standing against the wall; he searched me; that was 200 yards from where he saw a pair of boots in the road; he picked them up, and said, "I can make a charge against you." Witness. That is not true—I saw you distinctly drop them, it was 150 yards from where I first saw you, but they dropped from under your coat—I did not search you till I got to the station—I did not say that I could make a charge.

Higgins. Did you see me or not? Witness. I did—I have not the slightest doubt.

  GEORGE DREW (Policeman K 429). I was with Carter and saw him take hold of Tribe, who dropped these boots from under his arm and ran across into Philpot Street—that would not take him towards some house, bat towards the City.

Tribe. Did you see me with anything? Witness. No, but you might have had a paper parcel under your coat without my seeing it.

  JOHN PHILLIPS (Policeman K 126). About 1.30 a.m. I was in Philpot Street, and saw Tribe and Collins running away together, in the middle of the road, towards the City.

  GEORGE FOSTER (Policeman H 207). About 1.45 a.m. I was in front of the London Hospital with Policeman H 197, and saw Higgins and Collins turn from Crown Street—they walked very sharp and looked back—I called Fordham's attention to them, and went down North Street and stopped them—I asked where they were going—Collins said, "I am going to see my sister at Limehouse"—I took them to the station and found Carter there with Tribe—Phillips afterwards came and identified them—I found 1s. and a box of matches on Higgins.

  HENRY FODHAM (Policeman H 197). I was with Foster, and saw Higgins and Collins cross the road—Foster went and spoke to them—they said they were going to Limehouse Hole, to see their sister, but they were not going in that direction.

  GEORGE TURNER (Police Inspector; examined by the Prisoner Tribe). Q. Did you ask the constable whether he could swear that I dropped the parcel; did not he say, "No;" and did he not afterwards swear that I did? A. I asked him whether he saw him drop the boots—he said, "I saw him drop these two pairs—I saw him drop something white from his side, which I found to be two pairs of boots."

Tribe's Defence. Carter came up and searched me, and then he says he walked 150 yards and saw me drop something. I can assure you I had nothing about me. If I had, would not the constable have taken it away from me at once?

Higgins's Defence. It is evident, if the robbery was done between I and 2 o'clock, and I was at Whitechapel Church at 1.35, I could not have been there; and by 12.15 I was at the station. Nothing was found on me.

Collins's Defence. I know nothing at all about it.

COURT to WILLIAM CARTER Q. Were there others in the street at the time besides the prisoners? A. I only saw Tribe and Higgins.

GUILTY . TRIBE was further charged with having been convicted at Clerkenwell, in January, 1867, and HIGGINS at Clerkenwell, in January, 1868, to which they PLEADED GUILTY**— Seven Years each in Penal Servitude . COLLINS— Eighteen Months' Imprisonment .

 

62.   CATHERINE HURLEY (21) , ROBBERY, with a person unknown, on   Emanuel Gomez, and stealing from his person a watch, his property.

Upon the opening speech of MR. DALY, for the Prosecution, the COURT considered that the evidence against the Prisoner was too slight to proceed upon.

NOT GUILTY .

 

63.   HENRY ANDREWS (22) , Burglariously breaking and entering the dwelling-house of   Charles Kennard Marshall, and stealing therein three liver spoons, his property.

MR. LEIGH conducted the Prosecution.

  CHARLEL KENNARD MARSHALL . I live at Brunswick Road, Bromley—on 15th November I fastened my house up, and about 2.30 on the morning of the 16th I heard a noise in the lower rooms—I went down and found a pane of glass broken, and the window and back door open—I missed a tame parrot and cage, a pair of boots, a silver spoon, and two common spoons.

  JAMES BOWLER (Policeman K 236). On the morning of the 17th I was in Brunswick Road, and heard the screaming of a parrot—I traced the prisoner from the back of the premises, and took him at once—there was another man with him, who is at large—as I took the prisoner to the station he dropped this spoon (produced)—the bird and cage were found in a field.

  CHARLES KENNARD MARSHALL (re-examined). These things are mine.

GUILTY — Twelve Months' Imprisonment .

 

64.   TIMOTHY SHEEN (29), and   JAMES WALSH (23) , Maliciously wounding   Robert Anscombe, a constable, in execution of his duty.

MR. DALY conducted the Prosecution; and MR. HARRIS the, Defence.

  ROBERT ANSCONBE (City Policeman 112). On 2nd November I was on duty in Red Cross Street, and from something that was told me I went into Golden Lane, where there was a crowd of four or five hundred persons blocking up the street—I spoke to a man not in custody, who struck at me with an iron bar, but did not reach me—I drew my truncheon, and he ran up Golden Lane—I turned round to see for Wiseman, and was immediately struck on the head by Sheen, with an iron bar like this (produced), which he drew from under his coat—it knocked me down—I tried to get up, and received another blow on the head, I do not know who from—I felt the blood trickling down my back, and became insensible—I found myself in a cab—I saw Walsh four or five yards from Sheen before I was struck—I was in the hospital from the 2nd to the 13th, and in the Police Infirmary up to Saturday evening—I have not returned regularly to duty yet.

Cross-examined. Q. Was it a quiet crowd? A. There had been a fight, and it was all in an uproar—I saw a tall man with a brown coat—I said to the man, "Move on," and I may have put my hand on him, or touched his arm—I did not push him—he took out an iron bar, and tried to hit me—that man got away—I did not go after him, or try to take him, because there were more men armed behind me—from thirty to forty men were armed with iron bars and sticks—I saw the prisoners at the Justice Room, Guildhall, and several men were placed by the side of them for me to pick them out—I had seen them go through with the warder before that, but did not take notice of them.

COURT. Q. The suggestion is, that you would not have known them if had not been pointed out—is that so? A. No.

  ISAAC WISEMAN (City Policeman 126). I was with Anscombe in Golden Lane, amd saw the prisoners there—Sheen had this bar (produced) in his hand, and a number of men had bars and sticks—I saw Sheen strike Anscombe on the head with this bar, and Walsh struck him on the head with a stick—I cannot say whether he fell, because Sheen turned round at me with this iron bar and said, "You b——, I will give you the same."—Anscombe, having a truncheon in his hand, warded off the blow—I followed Sheen some distance, but could not take him, and returned—I knew him before.

Cross-examined. Q. Did you see Anscombe go after a tall man with a brown coat? A. No—I was only three or four yards from him when Sheen struck him—there were thirty or forty others with iron bars and staves—several of them were round Anscombe, flourishing these things, as if they were all fighting—I pointed the prisoners out at the station.

  MARGARET DAVIS . On 2nd November I was at my door, 20, Crown Court, which is about twenty doors from Golden Lane—I saw Sheen near our door by the archway, with either a stick or a piece of iron in his hand—he halloaed out, "Here is a policeman coming; here is a copper; down with the b——swine!"—I went down the court, and a tall man, named Gallagher, made a hit at the policeman with an iron bar—he took out his truncheon to defend himself, and was going to run after the tall man, but he got a blow—I cannot say who gave it to him, but I should know him if I saw him.

Cross-examined. Q. It was not Sheen? A. Sheen was there, but I did not see him strike the policeman, nor yet Walsh—it was not Sheen who knocked him down with the iron bar—I saw the tall man knock him down, and I saw a man named Monkey Boo strike him on the head after he was down, with a piece of stick loaded with lead—I should know both the men if I saw them.

  HENRY RANDALL (City Policeman 168). On 9th November I was in Fleet Street with Lythee, and saw the prisoners together—I told Sheen I should take him for violently assaulting one of our men in Golden Lane, on the 2nd instant—he said, "I do not know anything about it; I will go quietly"—he gave me his correct address—Wiseman identified him, in my presence, the same evening.

  SAMUEL LYTHEE (City Policeman 169). I was in Fleet Street on the 9th—I took Walsh—I said that I wanted him on the charge of assaulting a policeman in Golden Lane—he said he was not there that day, but he was there on the Monday and saw the fight—he gave a correct address, and then said that he was there on the Monday, but not at the time the policeman was assaulted.

  HENRY BUTLER . I am house-surgeon at St Bartholomew's—on the 2nd November Anscombe was brought there, suffering from two scalp wounds on the outer or back part of the head—they might have been caused by an instrument of this kind—they were incised and contused as well—he was under treatment from the 2nd till the 13th, and has hardly recovered yet.

GUILTY **— Five Years' Penal Servitude each .

 

65.   WILLIAM TIBBLE (15), was indicted for be—s—ty.

MR. MOODY conducted the Prosecution.

GUILTY of the attempt— Twelve Months' Imprisonment .

 

66.   JOHN COOPER (21), was indicted for a like offence.

MR. GRIFFITHS conducted the Prosecution.

NOT GUILTY .

 

67.   SAMUEL LEVY (24) , Rape on   Eliza Shea.

MR. HARRIS conducted the Prosecution; and MR. GRIFFITHS the Defence.

NOT GUILTY .

OLD COURT.—Thursday, November 26th 1868.

Before Mr. Baron Pigott.

 

68.   CHARLES WILLIAM TEMPLEMAN (22), was indicted for feloniously killing and slaying   Stephen Brake.

  MR. WARNER SLEIGH conducted the Prosecution; and MR. RIBTON the

Defence.

  MARY ANN BRAKE . I am the widow of the deceased, and live at Mr. Chorley's, 13, Eaton Place, West—the prisoner is my son-in-law, and lived with us for rather more than twelve months—he married ray daughter—he was married from our house—it was against our wishes, but it was with our knowledge—after the marriage they left the house and lived together—they were living together on the 11th October, but the prisoner was in the country with his master then, and my daughter was staying with a Mrs. Harvey, in London—I believe they were on good terms—about 9 o'clock on Sunday night, 11th October, the prisoner came to the house where I and my husband were living in service, 13, Eaton Place—he was under the influence of drink—my husband, myself, and daughter, the coachman, his wife and children, were in the kitchen at the time—the coachman and his family left—I and my daughter were then in the pantry—my husband went to let out the coachman and his family, und then came into the pantry—he told the prisoner he could not stop there, it was Mr. Chorley's particular desire that he was not to stay there, and he must take his things up and be off; and he asked what he intended doing with Fanny, he had never maintained her since she had been his wife—the prisoner replied, "You can take your d——daughter and do what you like with her"—my husband said, "I mean to say, Charles, you are a vagabond"—the prisoner then struck my husband in the eye with his fist; it cut his eye open, and it bled very much—the prisoner immediately put his hand under my husband's cravat and collar, twisted him round, and threw him on his back on the floor by the side of the sink, and fell on him—it is a stone floor, but is covered with carpet—I went as quickly as possible and tried to hold the prisoner's hands—I was not quite on the top of him, but very nearly—I was quite on the floor—I got my hand over his shoulder, and held back his hands to prevent any further mischief—I was rather more lying than kneeling—I parted them as soon as I possibly could, and sent my husband in the kitchen and locked the door, and I locked the prisoner in the pantry—my daughter ran out and shortly returned with Mrs. Harvey and the boy—Mr. Harvey went into the kitchen to attend to my husband, and I begged and entreated of the prisoner to go away quietly, as it was a disgrace to a gentleman's house—Mrs. Harvey came back and told him it was very shocking he should serve Mr. Broke so, that he had never done him any

harm—I don't recollect what answer he made—he kept saying, "Let me out! let me out! I will murder the little b——, I will do for him yet!"—he swore several times, and was very much excited—I went for a policeman, and he persuaded him to go out of the house, and he came back again some time afterwards and demanded his wife—she was not there—he searched the house and was satisfied, and went away—I think he came back a third time that night and wished to have his keys, and wished to know where his wife was—he came again on the morning of the 12th, and asked me to go in and ask my husband to forgive him—I saw him again a night later—he was under the impression we were keeping my daughter from him, and I gave him a letter from her to read, to convince him that it was not so—these two letters (produced), dated 12th and 15th October, are in the prisoner's writing—my husband complained very much this night after he was injured—I put a mustard-poultice on him next day, and sent for Mr. Woolmer, a surgeon, but he was out of town—Mr. Neal came on the 15th and saw him—he rallied a little, but not much, after the Monday—he was in bed on Monday, but he got up on Tuesday and lay on the sofa—he took to his bed again on the Wednesday, and did not get up again.

  WILLIAM MICHAEL NEAL . I am a surgeon, at 18, Westbourne Place, Eaton Square—I attended the deceased from the 15th October—I found him in a state of great depression—he had a black eye, and a cut on the nose, and had great difficulty in breathing—I examined him, and had the impression that two ribs were broken—I subsequently made a postmortem examination with Mr. Woolmer, and found that three ribs were broken—one penetrating the pleura and entering the lungs—the liver is what is generally called a drunkard's liver—his system generally was bad—the cause of death was congestion of the lungs and brain—the congestion in the lungs was brought on from the penetration of the pleura by the rib—but for that ho might have recovered—being a diseased man he was more liable to be taken away than a healthy person—I should say the ribs were broken by a fall such as I heard described—I don't know whether the rib was broken by the prisoner falling on him, or by the pressure of him and Mrs. Brake together—that might have accelerated it—I can't exactly say what part of the violence broke the ribs.

GUILTY>.—Recommended to mercy by the Jury.— Six Months Imprisonment .

 

69.   GEORGE COSBEY (46), was indicted for unlawfully assaulting   Herbert Wyley, and occasioning him actual bodily harm (See page 34).

MR. RIBTON conducted the Prosecution; and MR. WARNER SLEIGH

the Defence.

The evidence given in the former case by ROBERT COBB, WILLIAM TOMS, SUSAN WYLEY, and GEORGE BENSON BAKER was read over and stated by them to be correct; in addition to which the witnesses COBB and TOMS stated in cross-examination, that after the blow in question had been given, the deceased left the school with the other boys, and joined in their play for a quarter or half an hour in the play-ground, both on the Monday and Tuesday mornings; and MR. BAKER stated that he heard that fact for the first time today, and had he been aware of it when he gave his former evidence, although he should still have been of the same opinion as to the cause of death, it would have lessened the confidence with which he then spoke.

NOT GUILTY .

For the case of Edward Staples, tried in Old Court, on Friday, see Kent Cases.

ESSEX CASES.

Before Mr. Common Serjeant.

 

70.   ROBERT MARSH (58) , PLEADED GUILTY to unlawfully uttering counterfeit coin— Nine Months Imprisonment .

 

71.   HENRY GOSLING (38), was indicted for a like offence.

MR. GRAIN conducted the Prosecution; and MR. PATER the Defence.

  JAMES WILLIAM MORTON . I am an oil and colourman, of Chigwell—on 28th October, the prisoner tendered me a florin for some tobacco—I sounded it, and said, "I do not like the look of this, it is a bad one"—I tried it—he said, "I will give you a half-crown; I got it at the Fenchurch Street station this morning"—I said I would send for a constable and hear what he said—he bolted out of the shop, and I ran after him sixty or seventy yards, stopped him, and brought him back—he was shuffling about his pockets as if he wanted to get rid of something—he felt every pocket he had got—this (produced) is the florin he gave me—I put this cross on it, and here is the mark of the nitric acid—I took him to Stratford by train, and charged him there—I gave the florin to the constable.

Cross-examined. Q. Was it 5 o'clock when he came in? A. About 5 o'clock—I had seen him in the afternoon, but never before that—my wife and daughter serve in the shop when I am not there.

  CHARLES RAYNER . I am an innkeeper, of Buckhurst Hill—on 28th October, between 4 and 5 o'clock, I served the prisoner with a glass of ale—he tendered a florin—I told him it was bad, and gave it back to him—he gave me a good half-crown, and I gave him change.

Cross-examined. Q. You merely looked at it? A. That is all—I had not known him before.

  CATHERINE FORBES . I am the wife of Benjamin Forbes, a beer-house keeper—on 28th October, between 4 and 5 o'clock, I served the prisoner with a glass of ale—he gave me a florin—I said, "This is a bad one"—I bit it, and said, "I cannot have this, I have got one of these 2s. bits now"—he said, "I came down this morning, and had change for a half-sovereign at the station, if you will allow mo to have it back, I will take it back to Fenchurch Street station," and that he came to see his sister at Buckhurst Hill—I doubled it, so that it was impossible to pass it again—he paid with a shilling.

Cross-examined. Q. Did not you swear before the Magistrate that it was 6 o'clock? A. No—(The witness's deposition being read, stated "About 6 o'clock")—it was getting dusk.

  ROBERT MOSS (Policeman K 478). I took the prisoner, and found on him 4s. in good silver and 5d. coppers, and half an ounce of tobacco—Morton gave me this coin.

  WILLIAM WEBSTER . This is a bad florin.

The Prisoner received a good character.

NOT GUILTY .

KENT CASES.

Before Robert Malcolm Kerr, Esq.

 

72.   JOHN NEWING (35) , Feloniously administering to   William Doar a quantity of snuff, to enable him to rob him.

  MR. LEWIS INGRAM conducted the Prosecution.

  HENRY EDWARD LANGHAM . I keep the Waterman's Arms, High Street, Woolwich—on 7th October, the prisoner came there with the deceased, Mr. Doar, a tall gentleman—they had some drink, remained about two hours and a half, and left about 6.30—Mr. Doar appeared stupid when he came in—something struck me, and I spoke to a constable.

  MARGARET BRYAN . I am the wife of Frederick Bryan, who keeps the North Kent beer-shop, Plumstead—on 7th September, the prisoner came there with a tall gentlemanly-looking man—the prisoner sat on a form, and asked for a room—I showed them into the parlour—the prisoner asked for a pot of ale—I took it into the parlour, and after that he came out and brought a pint pot with him, which he put on the counter—I reached to fill it for him—he would not give it to me, but told me to give him a clean one—I saw that the pot he brought was dirty all round the inside, like snuff—I did not see the bottom—1 gave him the clean pot full of beer, and he put the beer from the clean pot into the other, which he took into the parlour, leaving the clean pot on the counter—some time afterwards he came out and looked at the clock, and after that he and the gentleman came out arm-in-arm, and another man followed them out—they said nothing to me.

  ROBERT OWEN . I am a labourer, of 32, George Place, Woolwich—on the night of 7th October, I was outside the Waterman's Arms, and saw the prisoner—there was nobody with him, but I had seen a tall gentleman inside the house—the prisoner came outside, and told me that the gentleman was a friend of his, that they came up from Margate or Ramsgate, I do not know which, and the gentleman got out too soon, and he got out after him, as he was intoxicated, and he was afraid someone would rob him; that he should not like to do it himself, but he might have it as well as anybody else, and he knew what would do it, some snuff and some ale.

Prisoner. What time was it when you saw mo and the gentleman in the house? Witness. Between 5 and 6 o'clock—I was outside the house—I did not look to see if there was anyone else in the bar.

  JOHN RANDALL . I am a detective officer, of Woolwich—on 7th October my attention was called to some men at the North Kent beer-shop—the prisoner is one of them—I watched them—Mr. Doar, who is since dead, was with them—I saw the prisoner come out of the parlour, holding the deceased by the arm—it was very dark—I watched them about 100 yards to the Arsenal Railway Station, where the prisoner left the deceased and ran away—I ran after him, about 150 yards, and caught him in the square in front of the Arsenal gate—he was carrying this umbrella (produced)—he had a walking-stick also—I said that I was a police-officer, and asked whose umbrella he had got in his hand—he said, "It is mine"—I said, "I believe you have been robbing a gentleman, and giving him some snuff in some ale for the purpose of doing so"—he said, "It is an umbrella belonging to a friend of mine"—I said, "Who is your friend?"—he said he did not know—I left him in charge of the man at the Arsenal gate, and went back to the Arsenal Railway Station, 150 yards off, and found the deceased standing against the wall, almost insensible—I was obliged to hire a cab to take him to the station—he was sensible enough there to identify his umbrella—the prisoner was brought there, charged with drugging with intent to steal—I went back to the North Kent Tavern and the landlord handed me this bottle and contents—there was a little more then, as it has been analyzed.

  MARY BRYAN (re-examined). I kept this ale and stuff, and gave it to the detective—a glass nearly full of it was on the table, and a lot of sediment.

  HENRY CHARLES STEWARD , M.D. I live at 22, North Bank, Regent's Park—on 16th October I was called in to consult with Dr. Williams with reference to Mr. Doar, of 4, Douro Cottages, who was suffering from symptoms of compression of the brain, with congestion—his disease would be aggravated by taking snuff and ale.

COURT. Q. Would snuff and ale produce these symptoms? A. Not alone, but it would aggravate these symptoms.

  JAMES BERESFORD RILEY , M.D. I live at Rectory Place, Woolwich—on the night of 7th October I was called to Woolwich station and saw Mr. Doar—he presented symptoms of intoxication, and had but imperfect command of speech—he reeled about like a drunken man—I administered restoratives—the police gave me a bottle, the contents of which I analyzed and found it to contain a quantity of Irish snuff—I do not think there was sufficient snuff in it to produce death, only narcotic symptoms; snuff is not a poison which often comes under our notice—the symptoms would be more serious if he was in delicate health.

The Prisoner's Statement before the Magistrate was, that another young man told him to take the pot to the bar and get it filled, and he would see a lark presently.

Prisoner's Defence. It is not feasible that I should tell a strange man what I was going to do. The gentleman was perfectly stupid. On board the steamboat he asked if I was going to London. I said, "Yes; and then to Portsmouth, to join Her Majesty's service again." When we got out of the steamboat, at Woolwich, I told the gentleman I was going to look for my brother. I took him to the first public-house. We went into the club-room and had some ale. I then went to see if my brother had come. I returned to the gentleman and we had some half and half. I then went to the closet, and when I went back a man who was there said, "Your friend has gone out;" but he came back again. I followed him. We went to another house. I asked the gentleman if he would have anything more to drink. He said, "Yes;" and a young man who was there said, "You take this pot, and you will see a lark presently." I did not let the landlady have it, but took it to him, and he gave it to the old gentleman to drink. When I saw the colour of it I said, "We will go." I took the umbrella in my hand, and said, "If you will stand here I will go and get my box; I will join you before you get to the station. The policeman overtook me and said, "Whose umbrella have you got?" I do not deny saying that it was mine. I have always got my living by hard work. I am a private in Her Majesty's service.

NOT GUILTY .

Before Mr. Recorder.

 

73.   JAMES TULLETT (54), and   EDWARD FRESHWATER (65) , Stealing 6 cwt. of coal of   William Cory and others, from a barge on the Thames.

MR. POYNTER conducted the Prosecution: and MR. STRAIGHT the Defence.

  GEORGE REED (Thames Police Inspector). On Saturday morning, 31st October, I was on duty on the bank at East Greenwich, and saw the prisoners, each in a separate boat—Tullett had a boy with him—they rowed up

to a barge called the Sow, partly laden with coal—Freshwater went first, and Tullett followed—Freshwater got on board the barge, looked round for a few minutes then got into the barge's hold, and handed a large quantity of lumps of coal to Tullett, who was in his boat, and he placed them in both boats—I should think about 6 cwt. or 7 cwt. was handed out—a boat was then coming towards the barge, and they pushed away, rowed a short distance up the river, and run the boat's head on the mud close to where I was—they then threw some muddy water over the coals—they then rowed towards Blackwall—I got into my boat and followed them, and lay behind a schooner in mid-channel—as soon as they saw me shove from behind the schooner they dropped the sculls and spoke to each other a few words, and then Freshwater commenced throwing lumps of coal overboard, and the boy in Tullett's boat did the same. I rowed up to them as fast as I could, and put a constable into each of their boats, and took them to the Police Ship, Blackwall—they each had about 4861bs. of coal in their boats—there is a difference in the appearance of coal dredged from the bottom of the river and that taken from a barge—there might have been 50 lbs. of coal in their boats which had been dredged, but the remainder had not—it was only wetted on one side, where they had thrown the mud and water.

Cross-examined. Q. How far off were you when you first saw the men at the barge? A. Not more than two hundred yards—I was on shore, behind the bank—there were several barges together near the derrick, or hydraulic lift—they were about twenty minutes at work handing out the coal—I had to go some distance along the bank to get to my boat—I did not lose sight of them—they were not more than fifty or sixty yards from me when they threw the mud and water over the coals.

  JAMES MANNING (Thames Policeman 51). I was on duty with last witness and saw the prisoners go up to the barge Sow—Freshwater stepped out of his boat into the barge, and passed a quantity of coal to Tullett—I went and got our boat, and we boarded the prisoner's boat off Blackwall—I saw Freshwater throw a quantity of coals overboard—I examined the coals in their boats—the outside part was muddy, but the other side was dry.

Cross-examined. Q. Were the boats heavily laden? A. They were—it is not uncommon to dredge for coal in the river, or to take dust sweepings from barges—they don't get lumps of coal with the sweepings—there were no sweepings in their boats.

  WILLIAM BARRETT . I am manager to Messrs. Cory, coal merchants and barge owners—on 31st October they had a barge called the Sow lying next the derrick—it was laden with twenty tons of Tanfield Main coal—I have seen some coal produced by Mr. Reed, and it was similar to that in the barge.

Cross-examined. Q. Can you say whether any are missing from the barge? A. No, because we do not weigh them out—I saw the coal in the prisoners' boats—I am a judge of coal; there were only two varieties there; they did not appear like dredged coal.

GUILTY .—TULLETT further PLEADED GUILTY to a previous conviction at Clerkenwell, in November, 1864. Both Prisoners were stated to have been many times in custody.— Seven Years' Penal Servitude each .

 

74.   JOHN BREWER (19) , Robbery with violence upon   Alfred Staniford, and stealing a watch and chain and purse, his property.

MR. WOOD conducted the Prosecution.

  ALFRED STANIFORD . I am an artist, and live at 12, Avenue Road, Lewisham—on the 6th July I took a cab from the Broadway—when I got to Deptford the coachman would not go any further—I took out my purse to pay the cabman, and while doing so some man snatched my purse from my hand, and ran down Church Street—the street was dark, but it was light enough to see the form of the man—I was quite sober—I ran after him for about a quarter of a mile—I nearly caught him—I said I would not proceed against him if he gave me back my purse—he turned round and came back holding the purse in his hand—he then struck me a blow on the chest, and snatched my watch and chain out of my pocket, and ran away again—I ran after him, but lost sight of him by the arches, which were dark—on coming back I saw a female and spoke to her—I said I should know her again, and should call her as a witness, as she must have seen it—I am almost certain the prisoner is the man who took my watch, chain, and purse—I did not lose sight of him before he came back and took my watch and chain—there was a sovereign and a few shillings in the purse—I next saw the prisoner after he was taken into custody—as I was passing by the cell he spoke to me, and said he was not the man that did it—I had not then said anything to him.

  ELIZA GOWER . I am a single woman, and live at Mill Lane, Deptford—I get my living by knitting—I was in High Street, Deptford, about 1.15 on the 7th July—I saw the prosecutor come up in a cab—I saw him get out and pay the cabman—I then saw the prisoner run across from Mill Lane and snatch his purse from his hand—I knew the prisoner before for about twelve months—he ran down Church Street, the prosecutor ran after him and I followed—I was close to him when he took the purse—I heard the prosecutor say, "If you give me my purse back again I won't hurt you"—I had run some little distance before I heard that—the prisoner came back and appeared to give him his purse, but he snatched the watch and chain from his pocket—he then ran down towards the arches—I gave information to the police—I knew the prisoner well by sight for about twelve months.

  SAMUEL LINO (Policeman R 159). I received information from the last witness—she told me who the man was, and mentioned his name—I went in search of him but could not find him—I saw him afterwards and charged him—he said he knew nothing about it—I had seen him on the night on which the robbery was committed, about 9.30, in Mill Lane—he was then wearing a light overcoat.

Prisoner's Statement before the Magistrate. "The night this was done I was in bed at 10 o'clock, and I went away to Woolwich the next morning, because the woman had given in my name, and I did not want to get into any trouble about it."

GUILTY .— Eighteen Months' Imprisonment .

Before Mr. Baron Pigott.

 

75.   EDWARD STAPLES (50) , Feloniously casting upon   Alice O'Neil a quantity of oil of vitriol, with intent to harm her. Third Count—With intent to disfigure.

MR. POYNTER conducted the Prosecution; and MR. STRAIGHT the Defence.

  ALICE O'NEIL . I have been staying with my sister at Greenwich—I am

a single woman—I have been living with the prisoner about seven years, but I left him for two years—he had threatened me frequently—I returned to him, and left him again in October for one night—I went to Doptford—I went back to him next day—he came to Deptford after me—ho said, "If you don't come back with me you will never go anywhere else"—on Tuesday, 27th October, I was living with him in Snow's Fields, Borough—I had breakfast with him that morning—he came home to his dinner in the middle of the day—I had no disagreement with him—in the afternoon I went to see my sister Annie, at Stanhope Street, Deptford—that was about 2 or 3 o'clock—she was not at home—I went into High Street, and met the prisoner at the corner of Hill Street, between 4 and 5 o'clock—he said, "Oh, come along, what have you stayed so long for I"—he did not appear at all out of temper—I had a pawn ticket in my hand—I had just been into a pawnbroker's to pawn a dress of mine—I had pawned a suit of clothes of the prisoner's for 3s. 6d. on that day—he asked me for the pawn-ticket, and I gave it to him—I said I wanted to get the shawl out of pawn, and he said, "Never mind it, now; we will come down on Saturday; come home now"—I said, "Let me go down and see Mary," that is my other sister, she lived about five minutes' walk from there—he said, "Oh yes, you may go," and he walked with me—when we got to my sisters door, at least just as far as the shutters, he said, "I have got you now," and he took my boots off—I was frightened, and I can't remember that he said anything else—he took my bonnet off—he pushed me up against the shutters and the door—he had got on the coat he has got on now—the bottle was in the side pocket—it was a half-pint publican's bottle—there was something dark in it—it was a bottle something like I had seen previously—he took it from his breast coat pocket, and held it up to my face—whatever it was he poured it over me like that—it went on my head first, and then on my forehead—I put my hand up over my face, and it burnt my arm very much—I don't think he had thrown all that was in the bottle—I felt pain from it—I have marks on my forehead, my eyes, my neck; but my face, through turning round, escaped—the marks on my neck have gone away a good deal now—I have still the marks on my forehead (showing it)—I screamed out, my sister opened the door, and the prisoner ran away—I went into my sister's house—I found my hands all red, I thought I was stabbed, but it was not blood, it was from the fluid—my hair was burnt, and a lot of it came off—the prisoner took my boots and bonnet with him when he ran away—he took them off before he poured the stuff over me.

Cross-examined. Q. I believe up to the time when you first left him for the two years, you had been living on very good terms together? A. No—I can't say that, if I did I should be telling a he—I was sometimes in the habit of drinking too much, not very often—the prisoner never remonstrated with me for it, or for pawning my things to get drink—he has got me clothes—of course he had a right to do that, but if he bought anything at night, he would tear it off next day—that was not because I was in the habit of leaving him—I used to go away from him when he ill-used me—I had been living with him for three months before this happened—I was away one night because he threatened me—I had had no quarrel with him on this day—I had told him I was going to see my sisters—he is a carpenter by trade—I can't say that he is in the habit of using vitriol in his trade—the shawl I was going to redeem that day had been in pawn about five weeks, and the dress that I pawned for 3s. 6d. was one that he had given

me about a mouth or five weeks before, and he had given me the boots on the Monday night—I had had the bonnet some time—we had no words at all when we met at Deptford—he said, "Come home"—I was too frightened to say no—when I left in the morning I intended to go back to him—I had seen this bottle on the table about three weeks before, it contained something dark then—I asked him what it was, and he said, "Ah, I meant to have taken it if you had not come back"—he took the bottle away with him when he went to work in the morning—I don't know what he did with it—I have written three letters to the prisoner since he has been in Newgate—this (produced) is one of them—(This was dated November 18th, and addressed "My dearest Ted," stating that she had quite recovered, and freely forgave him, as she believed he never intended to hurt her, only the clothes.)

MR. POYNTER. Q. Did you write that letter from anybody's dictation? A. His sister begged me to write to him to cheer him up, and I feel in my heart now that I do not want to injure him—she did not tell me what to say—I am twenty-eight years of age.

  MARY HARTNELL . I am the wife of Alexander Hartnell, and live at 2, North Street, Deptford—the last witness is my sister—on Tuesday afternoon, the 27th October, I heard a noise outside my door just before 6 o'clock—I heard someone run away—I opened the door and took in my sister—I heard her say, "I will give you twelve months for this"—and I heard the prisoner's voice say something, but what it was I did not notice—I did not see him, but I knew his voice—my sister had a quantity of stuff on her dress and hands—I went to brush it off and it burnt my arm, and also my baby, whom I had in my arms at the time—the stuff seemed to be dripping off the dress—her skin was burnt—her face, and her elbow, and her hand—I sent her to the police-station with one of my little boys.

Cross-examined. Q. Do you know where she was while she was away from the prisoner for two years? A. I don't know exactly—she was living in different places about Deptford—I never interfered with them—I am a married woman—she was not in the habit of visiting me till this evening—she has not led a very good life I believe.

  EDWARD HUGH DOWLING . I am a surgeon, at Amersham Road, New Cross—on the evening of 27th October, I saw the prosecutrix at the Greenwich Police Station, about 6.30 or 6.45—she had burns on her forehead, on her head, shoulders, neck, arms, and hands—I asked whether there were any other burns, and she said "No"—the hair was a little burnt, and her dress was burnt with the liquid—it was vitriol—I tested it, and found it to be vitriol—I have here a piece of the dress—I am quite sure the burns were caused by vitriol.

Cross-examined. Q. The dress was very much burnt, was it not? A. Yes, it was a little burnt in the arm—the principal burn was in the neck, and a cloak she had on was also burnt—the skirt was not burnt very much—this (produced) is the dress and jacket—there are still some scars on her forehead, and I think on her neck—I attended her daily—drinking would have some effect upon her—she has drunk hard since this—she was quite intoxicated on the night I saw her—there was a scar on the shoulder, about the size of a crown piece, that had burnt through the upper skin so as to make it shrivel—she is quite well now—in these cases there is always danger of sloughing and erysipelas.

  PETER MARGETSON (Policeman R 106.) I took the prisoner in custody on this charge about 1 o'clock on Wednesday morning, at 100, Snow's Field's,

Borough—he was in bed in his own lodging—I asked him where Alice was, and she said, "I left her in Deptford a short time ago"—I said, "What have you thrown over her"—he said, "What I threw over her was to burn her clothes, but I hope it has not injured her"—there was a bundle lying in the room which he said was a bundle of clothes that he had taken from her—it contained the boots that he had taken from her feet.

Cross-examined. Q. Was not what he said that she had taken a bundle of clothes to pledge? A. Yes—I did not examine the bundle—I think there was a skirt in it—I have known the prosecutrix by the name of Alice—she is an unfortunate woman.

Prisoner's Statement before the Magistrate. "I had no idea of hurting her."

GUILTY on the Third Count—Five Years' Penal Servitude .

SURREY CASES.

Before Mr. Recorder.

 

76.   WILLIAM JAMES FREDERICK BALL (24), was indicted for feloniously aiding and assisting   Henry Spackman to cheat and defraud his creditors.

MR. SERJEANT PARRY, with MESSRS. CLARK and BESLEY, conducted the Prosecution; and MR. BROMLEY the Defence.

  RICHARD THEMAS PIPER . I am one of the officers of the Court of Bankruptcy—I produce the proceedings of the bankruptcy of Spackman—the adjudication is dated November 16, 1867; it was on his own petition—I also produce Spackman's affidavit, and a book called the statement book, signed by Spackman—I was sent to take possession of Spackman's premises on 16th November, 1867—I had charge of the premises from that time until they were sold, on the following Saturday, 28th—I sold portions of the stock at intervals every day, the total amount I sold was 28l. 17s. 9d.—I kept an account of all the sales, and handed the money over to the official assignee—the residue was sold for about 20l., either to Mr. Ball or his son—the prisoner, Mr. Ball, sen., was in the shop when Mr. Robinson, who parted with the stock, gave the receipt to Mr. Ball, sen.—during the time I was there Mr. and Mrs. Spackman were there in the ordinary way of business, behind the counter, Mrs. Spackman behind the butter counter, and Mr. Spackman behind the cheese and bacon counter—I received the money every night for all that was sold—I handed 17l. 5s. 8d. to the official assignee, in respect of the sales made by me—the difference consists of payments made, and sundry other things, the current expenses of the business; but a quantity of goods I bought, rabbits and other things, to work off the other stock, amounting to 24l.—the amount realized was something about 17l. or 20l.

Cross-examined. Q. What was the size of this shop? A. Not large, a middling sized shop—I saw all over the premises—there was a small cellar under the shop, about half the size of the shop—there were some empty tubs, but no stock.

  GEORGE ROBINSON . I am an auctioneer—I was employed by the Court of Bankruptcy, and effected a sale of the residue of the stock at Spackman's place, on 23rd November, 1867—24l. passed through my hands to the official assignee, including the pony and cart, and the remaining unsold stock—Spackman's father-in-law, Mr. Ball, purchased it—the prisoner was

present, I believe—I did not go to the shop afterwards—he paid a fair value for the property.

  PATER PAGET . I am chief clerk to Mr. Edwards, the official assignee—a day book and sundry papers belonging to Spackman came into his hands, which I produce.

Cross-examined. Q. Can you tell who acted as attorney for Spackman? A. Mr. Hicks appears to have been his solicitor on his petition—I don't know who is his present solicitor.

  JOSEPH JOHN VALLEY . I am a wholesale provision merchant, in Half Moon Street, Bishopsgate—the firm was formerly Smith & Valley—I knew the bankrupt, Henry Spackman, about twelve months before his bankruptcy, not quite from the beginning of his trading in Union Street—I think he had been in business some little time—I was a creditor of his at the time of his bankruptcy to the amount of 210l. 16s. 6d.—I was one of the trade assignees—in October he owed me 150l.; that was nearly cleared off, less about 33l., which he did not pay me—other goods were supplied, and at his bankruptcy he owed me 210l.—I went to him on Monday, November 5—I believe the adjudication was on the 16th—I saw him twice the week previous, and once that week—I saw the stock in his shop on these occasions—I should say it was worth from 300l. to 400l., a good bit over 300l., certainly—it consisted of a quantity of American cheese, which I valued in my own mind at about 2l. each, twenty-five firkins of butter, which would cost 120l., and hams, bacon, and other things that I had supplied him with—nearly the whole of the 210l. was contracted in October, and early in November—after the bankruptcy the name of Ball was up—I know the prisoner—I never saw him when I passed by the shop—I saw him once or twice when Spackman was in full business.

Cross-examined. Q. I suppose you know the amount of Spackman's liabilities? A. Not justly, I think it is about 500l.—I know Ball's father; I don't know whether he is a man in good position, or well off—I would have taken Spackman's bills for the amount of my debt, if Ball, sen., had been security for it—I offered to take his bills at three, six, or nine months, if his father-in-law would sign them—I expected he would pay the whole of my claim; Spackman said he would get him to do it—I wanted a second security—I know Mr. Steethy, of Whitecross Street—I don't think I told him that I was sure of getting my money out of Mr. Ball, meaning to frighten him to pay Spackman's debt—these words never escaped my lips—I think I am almost in a position to swear it—I won't say more than that—I am sure I did not say I would frighten him out of it.

MR. SERJEANT PARRY. Q. I understood you endeavoured to get security for prisoner's debt? A. I did—that failed—that was before the bankruptcy, and before I knew of the removal of any goods.

  GEORGE HODGES . I am a cheesemonger's assistant, now employed by Mr. John Cotterel—I had been previously in his service before I went to Spackman's—I think it was about May, last year, that I entered Spackman's service, at 105, Union Street—I can't say exactly—I don't think there was any other assistant at that time—I continued in his service up till the last Saturday in December, 1867—I was there before and after the bankruptcy—before the bankruptcy, there was a very large stock of cheese and butter in the shop—about a week before the bankruptcy, I removed some of that property by Spackman's directions, and I after saw Spackman himself take things away, in the morning, in a horse and cart—sometimes

cheeses, sometimes butters; there might be two, fire, or ten cheeses sometimes—I saw that done of a morning—Spackman had a stable at that time in Norfolk Street, at the back of the shop—by his directions, I removed property to that stable in sacks of chaff—he ordered a sack of chaff, and cheese and butter was placed in the middle of it—it was then filled up with chaff, and I was told to take them to the stable, as he wanted to get them away without his neighbours seeing it—that happened with cheeses a great many times—I can't exactly say how many; more than half a dozen—it might have been twenty or thirty, and butter about the same, or, perhaps, not so many—I don't think there was anything else—he used to take them away again from the stable—I have seen Ball at the place—he used to come and help us at times, to help serve on Saturdays—he is brother-in-law to Spackman—I had seen him in the shop before the removal of the things—I remember taking two cheeses to Mr. Beard, and I took some to Mrs. Ramsay, or Rose, in Bird Street, West Square—I think it was a cask of butter and one cheese that I took there—I took two cheeses to Mr. Allatt's, the Montpelier Tavern, and a cheese and a cask of butter to Mrs. Franklin, and one cheese to Mrs. Twiss—I took two cheeses to my own place—I believe Ball was living in Trinity Church Terrace, about ten minutes' walk from the shop—I know a person of the name of Fielder, in Trinity Street—I brought one cheese away from there, which Mr. Spackman had left; that was on the morning of the 16th November, the morning of the bankruptcy—I met Spackman in St. George's Road, in another cart, and I gave the cheese to him—I can't say whether I saw Ball on that occasion—I believe I did, but I can't say whether it was him or his brother—on that same day, the 16th, I took the two cheeses from my own house—I met Spackman, and I gave them up to him in St George's Road—I believe somebody was with him, but I can't say who it was—it was either Ball or his brother—it was at the same time that I gave him the other things—I remember two cases of eggs coming in about three days before the bankruptcy—they were removed before I went in the morning—I saw them there before I left overnight, and when I went next morning they were gone—I believe I saw one of these cases afterwards in the shop, after the bankruptcy—I saw some of them brought back—some were brought back by Spackman, and some by Ball, the prisoner—I can't say exactly how many cheeses were brought back after the bankruptcy—I did not count them—two or three lots were brought back—at one time eight or ten casks of butter were brought back—at another time two casks, and about ten cheeses at another time—I never took much notice of the time—they were cut up and sold in the shop—I was receiving wages as assistant to Spackman—I continued to receive my wages from him after the bankruptcy—he remained in the shop, attending to the business—there was no difference after the bankruptcy to what there was before—the name was altered to Ball instead of Spackman after the bankruptcy, about the beginning of December, I think—I think it was altered to "William Ball," if I am not mistaken—I saw the prisoner at the shop, at times—he did not give me any directions after his name was up—I received my orders from Mr. Spackman—he and his wife continued to occupy the house just the same as they did before—he did not sleep in the house after the bankruptcy, that I am aware of.

Cross-examined. Q. I believe you left at the end of December, under rather unfortunate circumstances? A. Yes; I was not accused of stealing butter—when I asked Spackman for my money, he told me that if he had

been some men he would have locked me up for the rasher of bacon that he gave me—he did give me one a week before—he accused me of stealing it at that time, when I asked him for my wages—it was the same night I left—he did not send me away for stealing it—I left of my own accord—I went to his shop a few days after with my father—I know Henry Doe—he was there at the same time I was—he has not hidden cheeses at my command—he took half a cheese away—I gave it him, by Mr. Spackman's orders, to take round to the stables—when I went to the shop with my father, Spackman did not charge me with having robbed him, or with having just found it out from Doe—I did not say, "I was not robbing you but your creditors, and and they can well afford it"—not to my knowledge—I said that I had thieved for him after I knew I had—when I left Spackman I went to Mr. Tucker's, in Lower Marsh, Lambeth—I was there for about three months, till Mr. Spackman came and gave me a dishonest character, and he would not keep me—after that I went to Mr. Randall, in the Old Kent Road, for five or six weeks—MR. Spackman found me out there, and wrote anonymous letters, and I was sent away—I think that was about June or July—I saw one of the anonymous letters in Mr. Randall's hand, and Spackman owned to it at the Police Court—I was then out of employment on Saturday and Sunday—I used to work at Mr. Paveys, till he got me a place at Mr. Davies's, and I then went back to Mr. Cotterall's, where I now am—these are all the places I have been to since I left Spackman's—I worked for a Mr. Benjamin, before I knew Spackman—I left him because his wages were not good enough—I was not sent away for robbing the till—I worked for Mr. Whitlook one day—I have left things at Mrs. Twiss's, at Mr. Spackman's orders—I never left anything there without his orders to be cooked for me—I might have had a rasher of bacon cooked—that was what I always paid for, my breakfast—I never took bacon there to be cooked belonging to Spackman—I bought it of Spackman, and paid him for it—I did not go on having bacon and eggs, and different things cooked at Mrs. Twiss's till she refused to allow me to have any more done there—I did not know that she complained to Spackman about me taking things there to be cooked for me—I took two cheeses there for him, and I took things to Mrs. Ross, by his orders—there was no other man in Spackman's employ while I was there—I know George Newall—he used to come at times to do jobs now and then—he was not a regular man—he had been shopman previous to me—he did not remain in the employ up to the bankruptcy; only jobbing—he came once or twice a week, perhaps, up to about a fortnight or three weeks before the bankruptcy—I was never left alone in the shop—I never served without he or his wife being there—on a Sunday morning I might, perhaps, serve customers for about half-an-hour before they came down—I have never threatened Henry Doe that I would break his neck if he told about the half chesse—I know a man named Hillier—I might have spoken to him, going away from here, on a former session—I did not say to him, that I am aware of "I am sorry I ever began this"—I don't remember saying such a thing—I am very glad I have done it, to clear my own character—my brother never helped me to take the cheeses away, nor anything—I know several persons named Taylor—I don't know any man of that name who came to Spackman and said he had seen me take bacon.

MR. SERJEANT PARRY. Q. Is the gentleman in whose service you now are a cheesemonger? A. Yes—I had been with him about nine months before this, and I have been back to him about two months—Spackman

followed me about wherever I got a situation, and owing to him I lost two situations.

  JAMES SCHOFIELD . I live at 14, Red Cross Court—I know Spackman, and Ball, his father-in-law—he has premises in Red Cross Courts—on 8th November I saw a cart pass my door, driven by Spackman; it was full—I can't say where it went to; it went up towards Ball's premises—there is no thoroughfare for a horse and cart there—I did not observe what the cart was loaded with, whether it was butter or cheese; it was one of the two—it was about 7.35 in the morning.

Cross-examined. Q. Are Mr. Ball's premises large? A. Yes, pretty middling—he keeps a beer-shop, and is a carpenter as well—he has not a timber yard, that I am aware of.

  JOHN TORDOFF . I am one of the fire brigade, stationed in Union Street, Southwark—on 12th November I was on duty there, early in the morning, and saw two carts near 105, Union Street—the shop was not open at that time—I can't say who was in charge of them—they were loading from the shop—persons were bringing out something in sacks, and putting them inside the carts—they were in sacks—it took two men to lift each sack—I could not see the top of the goods—the carts were laden so that the springs were down with the weight—the cart then went away towards the Borough Road—I could not recognize anyone in charge of the carts.

Ross. I keep a general provision shop, at 58, Bird Street—on 14th November last, a large cask of butter and a cheese were left at my premises by Hodges—I was not at home when they were left—they were fetched away, about four or five days after, by the prisoner.

Cross-examined. Q. Were you a customer of Spackman's? A. Yea, I always dealt with him—I considered the prisoner as a servant.

MR. SERJEANT PARRY. Q. This was not in the way of trade at all? A. No; they were left to be fetched away again—I had nothing farther to do with it—I said to the prisoner, "It is like Hodges' impudence to leave them when I was not at home"—he said he knew nothing at all about it, or words to that effect—he did not say it was a mistake.

  SOPHIA TWISS . I know Spackman—some time in November, Hodges left a cheese at my house—it was there from a week to a fortnight, and he fetched it away before the 16th.

Cross-examined. Q. Did you know Hodges? A. Yes, as being in Mr. Spackman's employ—he only came when he brought goods that I had ordered—he sometimes brought some bacon to be cooked, and had some coffee—I did not cease to cook for him in consequence of what my husband told me.

  AMY FRANKLIN . I am a cheesemonger and grocer, of Bishop's Terrace, Kennington Road—I remember Hodges bringing a cask of butter to my place—I can't say when it was, or how long it remained there, or who fetched it away—I know the prisoner—he was not there at the time it was fetched away—he came for orders afterwards—I don't remember seeing him until after it was fetched away.

  WALTER ASHTON . I am barman to Mr. Allatt, of the Montpelier Tavern, Walworth—in November, 1867, Hodges left two American cheeses at our place—they remained there four or five days, and Hodges then fetched them away.

  WILLIAM PALMER . I am assistant to Mr. Shepherd, cheesemonger, in the Borough—I knew Spackman—about the first or second week in September,

about 7.30 in the evening, I was coming by his shop and saw Newall there—I was speaking to him, and Spackman came out—I saw a cart and pony, and saw five American cheeses put into it, two or three sides of bacon, and a firkin or two of butter—in consequence of what Spackman said, I got into the cart and rode with him; the axletree broke in Newington Causeway, another cart was fetched, and I drove the broken cart back—the goods were put into the other cart, and Spackman went away with them.

  WILLIAM HILLIER . I was shopman at No. 18, Trinity Street, Southwark—on 11th November, I was in Newgate Market—I saw Spackman there, and he took me, and my goods that I bought, home—he left a cheese in a box at my place for a week, and Hodges fetched it away.

Cross-examined. Q. Do you know Hodges well? A. I did not know him till I saw him up here in September—I saw him occasionally going home; I was here as a witness—I don't remember any particular conversation taking place between us.

  WILLIAM FIDO . I live at 77, Red Cross Street, Borough—I keep a horse and van—in November, 1867, I met Spackman in Horsemonger Lane—he asked if I was going home—I said, "Yes"—he said, "Would you take these two or three cheeses to my shop"—he fetched them from a private house, No. 4, Church Street, at least, Trinity Square, I think it was; I have been taken to the house since with the prisoner; it was the same house—I don't know that it was Ball's house; I pointed out the house to the constable, Fensor—I took the things from that house to Spackman's shop—there were three cheeses, half a tub of butter, and, I think, a ham wrapped up in a cloth—I can't say within a day when it was, it was from the 14th to 15th November, I am certain it was in November—I cannot say, for certain, whether it was before or after the 16th.

Cross-examined. Q. You did not sec the prisoner at the house? A. No.

  WILLIAM FENSOR .(Policeman M 57). I did not go with Mr. Fido to Church Street, Trinity Square; he never came to mo to go with him according to his promise.

  WILLIAM FIDO (re-examined). Fensor is the officer I went to, but he said it did not matter, he was not ready; if I said I pointed out the house to him, I must have made a mistake; I did not point it out; I was to go with him, but I did not—the house was No. 4, Church Street, the second house from the public-house.

  WILLIAM FENSOR (re-examined). I know that house—I do not know whose house it is.

  GEORGE HODGES (re-examined). I believe the prisoner lived at No. 5, Church Terrace, Trinity Square—I am not sure, I think it is two or three doors from the public-house—I am certain it is No. 5.

  JOHN HOWE . I am a hat-box manufacturer, in Belvedere Terrace, Southwark Bridge Road—before Christmas last, I had a horse and cart, which I used to let to Spackman three or four times a week—sometimes I would take it out in goods, sometimes I had money—I got the goods from his shop, 105, Union Street—the name of Spackman was up at that time—I never noticed any alteration in the name—he had the cart early in the morning, between 5 and 6 o'clock, before I was up.

  JOHN CROSS . I live at 35, Tennyson Street, Lambeth—on 9th November, I delivered at Spackman's, in Union Street, two cases of eggs, each consisting of 700, on account of Messrs. Galey, of Argyle Square, King's Cross—I might have delivered borne after that, I can't say whether I did or

not—I afterwards went to the shop, in December—I saw Mr. and Mrs. Spackman and the prisoner—MR. and Mrs. Spackman were serving behind the counter—the prisoner was there, with a white apron on—I sold one or two cases of eggs on that occasion—Spackman wanted credit for them—when I made out the invoice I was told to make it out in the name of Ball, which I did—I was asked to let it stand—I said I could not do that unless a bill was given at a month—Ball was asked to sign the bill, which he objected to, consequently they paid cash—Spackman paid, Ball said he would not sign a bill.

  JOHN FREDERICK CHUBB . I am an oil and colourman, of 84, Union Street, Borough—I am lessee of 105—I let it to Spackman about a year and a half ago—this (produced) is the agreement, it is dated 2nd March, 1867—he paid me rent to Midsummer and Michaelmas—I have always had my rent—I have seen the prisoner there occasionally with an apron on, assisting on Saturday nights, and so on—I knew his father as a respectable man in the parish—the prisoner and his father came to me, I think it was after the bankruptcy—the prisoner did not say much, it was his father—he said he was, or they were, about to purchase the stock of the bankrupt, I could not say which, the father I reckoned, and would I allow them to stay—he said he thought it would be better than his son carrying a basket—I think he was taking it for his son, so I was led to understand, but I looked to the father to pay me—I did not come to any arrangement, further than that I should not interfere in their occupation if they settled with the Bankruptcy Court for the stock and fixtures—I don't think I went to the premises afterwards, they are right opposite me and I can see them from my place—I saw the name of W. Ball, or W. J. Ball, put up afterwards.

Cross-examined. Q. You say you understood the arrangement to be between you and old Mr. Ball? A. Most decidedly I looked to him—Ball never took the premises—I allowed him to stay, and the business was carried on, I don't know by whom.

MR. SERJEANT PARRY. Q. Of course you knew nothing at all about any arrangement between Ball and Spackman? A. Certainly not; I would have been no party to it.

  GEORGE KENNEDY GALEY . I am now a civil engineer—I did carry on business as an egg merchant in November 1867.—on 9th and 15th November I supplied Mr. Spackman with two cases of eggs—they have not been paid for—Cross was in my employ.

  GEROGE BLAGRAVE SNELL . I am short-hand writer to the Bankruptcy Court—I attended at the prisoner's examination before the Registrar, and took down his examination—I have ray notes here—I have compared this transcript with them, it is correct—(This being read at length contained an explanation of the circumstances under which he agreed to purchase, and carry on the business on his own account, with the money he had saved, and money advanced by his father; after which Spackman was employed as his servant, at wages, to assist him. He described himself at lodging at Montague Terrace, Judd Street, Brunswick Square.

Cross-examined. Q. Before he was examined was he cautioned in any way as to his answers? A. No, no caution was given—he was asked whether he had a solicitor, and he said, "I was advised to go to Mr. Harrison, of London Bridge," and he added, "I am rather deaf."

  HENRY PIKE (Policeman M 208). I was directed to inquire for the residence of the prisoner in Montague Terrace, Judd Street, Brunswick

about 7.30 in the evening, I was coming by his shop and saw Newall there—I was speaking to him, and Spackman came out—I saw a cart and pony, and saw five American cheeses put into it, two or three sides of bacon, and a firkin or two of butter—in consequence of what Spackman said, I got into the cart and rode with him; the axletree broke in Newington Causeway, another cart was fetched, and I drove the broken cart back—the goods were put into the other cart, and Spackman went away with them.

  WILLIAM HILLIER . I was shopman at No. 18, Trinity Street, Southwark—on 11th November, I was in Newgate Market—I saw Spackman there, and he took me, and my goods that I bought, home—he left a cheese in a box at my place for a week, and Hodges fetched it away.

Cross-examined. Q. Do you know Hodges well? A. I did not know him till I saw him up here in September—I saw him occasionally going home; I was here as a witness—I don't remember any particular conversation taking place between us.

  WILLIAM FIDO . I live at 77, Red Cross Street, Borough—I keep a horse and van—in November, 1867, I met Spackman in Horsemonger Lane—he asked if I was going home—I said, "Yes"—he said, "Would you take these two or three cheeses to my shop"—he fetched them from a private house, No. 4, Church Street, at least, Trinity Square, I think it was; I have been taken to the house since with the prisoner; it was the same house—I don't know that it was Ball's house; I pointed out the house to the constable, Fensor—I took the things from that house to Spackman's shop—there were three cheeses, half a tub of butter, and, I think, a ham wrapped up in a cloth—I can't say within a day when it was, it was from the 14th to 15th November, I am certain it was in November—I cannot say, for certain, whether it was before or after the 16th.

Cross-examined. Q. You did not see the prisoner at the house? A. No.

  WILLIAM FENSOR .(Policeman M 57). I did not go with Mr. Fido to Church Street, Trinity Square; he never came to mo to go with him according to his promise.

  WILLIAM FIDO (re-examined). Fensor is the officer I went to, but he said it did not matter, he was not ready; if I said I pointed out the house to him, I must have made a mistake; I did not point it out; I was to go with him, but I did not—the house was No. 4, Church Street, the second house from the public-house.

  WILLIAM FENSOR (re-examined). I know that house—I do not know whose house it is.

  GEORGE HODGES (re-examined). I believe the prisoner lived at No. 5, Church Terrace, Trinity Square—I am not sure, I think it is two or three doors from the public-house—I am certain it is No. 5.

  JOHN HOWE . I am a hat-box manufacturer, in Belvedere Terrace, Southwark Bridge Road—before Christmas last, I had a horse and cart, which I used to let to Spackman three or four times a week—sometimes I would take it out in goods, sometimes I had money—I got the goods from his shop, 105, Union Street—the name of Spackman was up at that time—I never noticed any alteration in the name—he had the cart early in the morning, between 5 and 6 o'clock, before I was up.

  JOHN CROSS . I live at 35, Tennyson Street, Lambeth—on 9th November, I delivered at Spackman's, in Union Street, two cases of eggs, each consisting of 700, on account of Messrs. Galey, of Argyle Square, King's Cross—I might have delivered some after that, I can't say whether I did or

not—I afterwards went to the shop, in December—I saw Mr. and Mrs. Spackman and the prisoner—MR. and Mrs. Spackman were serving behind the counter—the prisoner was there, with a white apron on—I sold one or two cases of eggs on that occasion—Spackman wanted credit for them—when I made out the invoice I was told to make it out in the name of Ball, which I did—I was asked to let it stand—I said I could not do that unless a bill was given at a month—Ball was asked to sign the bill, which he objected to, consequently they paid cash—Spackman paid, Ball said he would not sign a bill.

  JOHN FREDERICK CHUBB . I am an oil and colourman, of 84, Union Street, Borough—I am lessee of 105—I let it to Spackman about a year and a half ago—this (produced) is the agreement, it is dated 2nd March, 1867—he paid me rent to Midsummer and Michaelmas—I have always had my rent—I have seen the prisoner there occasionally with an apron on, assisting on Saturday nights, and so on—I knew his father as a respectable man in the parish—the prisoner and his father came to me, I think it was after the bankruptcy—the prisoner did not say much, it was his father—he said he was, or they were, about to purchase the stock of the bankrupt, I could not say which, the father I reckoned, and would I allow them to stay—he said he thought it would be better than his son carrying a basket—I think he was taking it for his son, so I was led to understand, but I looked to the father to pay me—I did not come to any arrangement, further than that I should not interfere in their occupation if they settled with the Bankruptcy Court for the stock and fixtures—I don't think I went to the premises afterwards, they are right opposite me and I can see them from my place—I saw the name of W. Ball, or W. J. Ball, put up afterwards.

Cross-examined. Q. You say you understood the arrangement to be between you and old Mr. Ball? A. Most decidedly I looked to him—Ball never took the premises—I allowed him to stay, and the business was carried on, I don't know by whom.

MR. SERJEANT PARRY.Q. Of course you knew nothing at all about any arrangement between Ball and Spackman? A. Certainly not; I would have been no party to it.

  GEORGE KENNEDY GALEY . I am now a civil engineer—I did carry on business as an egg merchant in November 1867.—on 9th and 15th November I supplied Mr. Spackman with two cases of eggs—they have not been paid for—Cross was in my employ.

  GEROGE BLAGRAVE SNELL . I am short-hand writer to the Bankruptcy Court—I attended at the prisoner's examination before the Registrar, and took down his examination—I have ray notes here—I have compared this transcript with them, it is correct—(This being read at length contained an explanation of the circumstances under which he agreed to purchase, and carry on the business on his own account, with the money he had saved, and money advanced by his father; after which Spackman was employed as his servant, at wages, to assist him. He described himself at lodging at Montague Terrase, Judd Street, Brunswick Square.

Cross-examined. Q. Before he was examined was he cautioned in any way as to his answers? A. No, no caution was given—he was asked whether he had a solicitor, and he said, "I was advised to go to Mr. Harrison, of London Bridge, " and he added, "I am rather deaf."

  HENRY PIKE (Policeman M 208). I was directed to inquire for the residence of the prisoner in Montague Terrace, Judd Street, Brunswick

Square—I went there for that purpose—there is no such place as Montague Terrace—I made full inquiries up and down the street, on or about 20th August.

Cross-examined. Q. Where did you find him lodging? A. I served the summons at 105, Union Street, Borough.

The Prisoner received a good character— GUILTYStrongly recommended to mercy by the Jury, believing he had been made a tool of by a wicked designing man.—— Four Months' Imprisonment .

 

77.   THOMAS TURNER (28),   JAMES SCOTCHER (30), and   JOHN CLEAREY (28) , Stealing one barrel of oil of   William Walton and another.

TURNER and SCOTCHER, PLEADED GUILTY .

MR. BROMLEY conducted the Prosecution.

  JAMES PATERSON . I am a carrier, in George Yard, Aldermanbury—the prisoners have been in my employ—on 26th October, I gave instructions for them to go to Plaistow Wharf for some barrels—each of them had a separate van.

  WILLIAM JOHNSON . I am foreman at Plaistow Wharf—on 26th October, I delivered sixty casks of petroleum, or paraffin, to Carter Paterson's vans—the three prisoners took them away in three vans, twenty in each van—the casks were numbered 1240 to 1280, and 108 to 126—I have since seen a barrel marked 1274—it was one of these casks—it contained thirty-three gallons—all three prisoners were at the wharf on the 26th.

  FREDERICK CHASE . I am a cooper, and work at Messrs. Walton & Turner's, 15, Whitecross Street, Cripplegate—on 26th October, I received sixty barrels of petroleum, in separate loads—I could not see the numbers on them, it being dark—it was about 6.30 o'clock—the prisoners are the three men that brought them.

  WILLIAM TOMBS . I am warehouseman to Messrs. Walton & Turner, general merchants—on the evening of 26th October, about 6.30 o'clock, the prisoners came to our place with three vans, they contained twenty barrels of petroleum each—I did not see them unloaded—I saw them in the yard that same night—I examined them the following morning, and found fifty-nine barrels only—the one numbered 1974 was missing—I have since seen that barrel at the station.

  GEORGE HARSUM (Policeman M 9). On the evening of 26th October, about 7.40, I saw the three prisoners in Church Row, Horselydown—they were standing talking together by the side of two vans—Turner got on one van and drove off—as they were passing me I saw a cask lying at the tail of the van—the other two prisoners were following after the van—I followed it into Goat Street, where it stopped—Turner got off the seat, went to the back of the van, the other two prisoners came up, and the three lowered the cask to the ground from the van—Turner then got on to the van and drove away—Scotcher and Clearey rolled the cask into the back yard of Mr. Johnson's, a marine store dealer, whose place has since been burnt down—after they had rolled it in, Clearey said to Scotcher, "Do you think she is tight?"—Scotcher said, "She is tight enough, come on"—they then went across Johnson's yard into his house at the back—I ran round to the front—I saw Scotcher come out, and followed him down Free School Street, Charles Street, and Church Road, where he again joined Turner, who was then there by the two vans—they got on, one to each van, and drove off

into Church Street—they stopped behind a van there—Clearey was then standing by his own van—they all three conversed together, and then went into the Old Giant beer-shop—I immediately went to the police-station for assistance—Scotcher came out of the beer-shop, and went towards Johnson's yard, where the barrel had been left—I took him into custody, and told him I should charge him with stealing a cask or barrel, I could not say what it contained at the time, which had just been left at Mr. Johnson's—Clearey was not present then—Scotcher was taken to the station—I then returned to the beer-shop and found Clearey and Turner drinking together—I said "I shall take you into custody for stealing a cask or barrel, which you have; just left at Mr. Johnson's premises"—the both said, "I know nothing about it. I have not left one there"—they were taken to the station—I afterwards went to Johnson's, and he was then in the act of loading the cask into his cart, which he said he was going to take to the police-station—he took it there, and it has since been identified—I have not the least doubt about the three prisoners, I knew them before by sight.

Clearey. The witness says he saw me helping Turner to get the cask off the van. I did not leave the other side of the water for an hour after that—I met the two prisoners in Church Street, and we bad some beer together there. They can state that I did not assist them. Witness. I am quite sure he was the other.

  DAVID LLOYD (Policeman M 24). On 26th October, about 8.30, I was in company with the last witness at the corner of Church Row, Horselydown—I saw Turner driving a van, and Scotcher and Clearey walking by the side, a little behind it—it stopped at the corner of Goat Street—I saw Turner get off the van—it was rather dark there, and I heard something come out of the van lump on to the ground—I could not say who took it out—I saw Clearey and Scotcher go up to Johnson's, the rag-shop—I waited for the sergeant, and went with him—I saw Turner drive off with the van, but I missed the other two—I afterwards went back with the sergeant to Johnson's, and he was in the act of putting the cask into his cart—it was taken to the station and identified.

Clearey's Statement before the Magistrate. "I am truly innocent of this crime. I was not near the premises within 200 yards, and the man that helped to move the oil was up here last Tuesday as a witness. The witnesses are mistaken in saying I was there. The prisoners know I was not."

Clearey's Defence. That is quite correct, and I state the same now.

  JAMES SCOTCHER (the Prisoner). I have pleaded guilty to stealing this oil—I am guilty—we were all three in the affair, to tell the truth, but the policeman is mistaken about Clearey helping deliver it and getting it out of the van—he was not there—we were all three in the affair of stealing, and I and Turner, and another man that was standing in the street, took it down—I don't know who he was—I never saw Clearley till I came back again, just as I was taken into custody—he did not come from the other side of the water till half-an-hour after.

CLEAREY.— GUILTY — Nine Months' Imprisonment each .

 

78.   GEORGE COLE (18) , Robbery, with violence, with two other persons, on   Charles Seilly, and stealing a pair of eye-glasses and 1l. 2s., his property.

MR. MOODY conducted the Prosecution.

  CHARLES SEILLY . I am a carpenter, and live at 22, Smirk's Road, Old

Kent Road—on Sunday morning, 8th November, I was in Eltham Street, Kent Street—a woman came up and spoke to me—she went away, and I was attacked by three persons—one seized me behind, placed his knee in my back, one hand was put over my mouth, another round my neck, and I received two violent blows in my face—I don't think I was knocked down—I was nearly so, but I recovered myself—I had on this waistcoat, and in it 22s. and a pair of silver-rimmed eye-glasses—when the men left me, those articles were gone—the prisoner is one of the men—I cried out "Police!" and "Thieves!" and went after them when I recovered my hat—I met the constable, Hunt, with the prisoner—I saw his face at the time I was attacked; he stood in front of me, on the right side—I have not the least doubt about his being one of the men who attacked me—I had been drinking a little, but was perfectly sober after that choking sensation—I saw the prisoner while the hand was placed over my mouth; and the moment the hand was released I began to shout out, "Police! thieves! murder!" and within a minute the constable brought back the prisoner, and asked if he was the man—I said "Yes," I was sure he was one of the men.

  ALFRED HUNT (Policeman M 113). I heard cries of "Police!" and saw the prisoner running towards me—I stopped him, and took him back towards Kent Street, where I met the prosecutor—he said he had been robbed by three men, and the prisoner was one of them—the prisoner said he knew nothing about him—I found on him 1s., a purse, and 6d.—the prosecutor had been drinking, but he knew what he was about.

Prisoner. I was not running, I was walking; the money I had on me belonged to my sister. Witness. He was running, and two men besides—they ran away.

Prisoner's Defence. I was coming from the Boro' Music Hall, and as I came along Kent Street I saw a row; to avoid it I turned down a turning to go another way, and the constable took me. I know nothing about it.

GUILTY .—He further PLEADED GUILTY to a previous conviction, in April, 1867.**— Eighteen Months' Imprisonment .

Before Mr. Common Serjeant.

 

79.   HENRY ROBJENT** (19) , PLEADED GUILTY to burglariously breaking and entering the dwelling-house of   Charles Naylor, and stealing therein three shawls and other articles, having been before convicted, in 1864— Seven Years' Penal Servitude . And

 

80.   SIDNEY POWELL MARSHALL (32) , to feloniously forging and uttering an order for the payment of 10l., also an order for the payment of 10l., with intent to defraud— [Pleaded guilty: See original trial image.] Five Years' Penal Servitude .

 

81.   JOHN JONES (60) , Unlawfully uttering counterfeit coin.

MR. STRAIGHT conducted the Prosecution; and MR. LEIGH the Defence.

  WILLIAM TURPIN . I am landlord of the Globe public-house, York Street, Borough—about three weeks before 14th November, the prisoner, who I knew as John Jones, had something to drink, and put down a bad sixpence—I told him it was bad, and said, "Jones, I have taken a good deal of bad money lately, I am determined to find out who is passing it: mind, if you

pass any money here, or attempt to do it, it will be the worse for you"—he said, "You do not suppose, Mr. Turpin, I should attempt to pass bad money with you?"—I dare say I threw the sixpence back—I afterwards gave instructions to my assistant, Mr. Daw, and on 14th December, he brought me a bad shilling—I saw the prisoner at the bar, and said, "Now Jones, as you have brought me bad money again, I shall lock you up, as I told you I should"—ho said, "Do not lock roe up, Mr. Turpin, you know I should not do anything of the kind"—he offered to give me another; I said, "No," and gave him into custody, with the shilling.

Cross-examined. Q. Had you taken a great deal of bad money? A. Yes; it was mostly in shillings—I had received from 15s. to 1l., in bad money, in three months—I took none of it myself—I gave the sixpence back to the prisoner, no one put it in the detector—I saw it was bad by looking at it—I said before the Magistrate, "I bent it in the detector, and bent it easily"—I have sworn today that I do not know whether it was put in the detector or not—I admit that I have sworn one thing before the Magistrate and another before the Jury—I got muddled about it—I still say that I might have done so, and very likely I did; but I have not sworn falsely—I will swear I gave the sixpence back to him—I do not remember whether he gave me another sixpence instead of it.

  FREDRICK DAW . I am assistant to Mr. Turpin—on 14th November I served the prisoner with a pint of porter, which came to twopence—he gave me a shilling, and having received instructions from Mr. Turpin I put it in the detector—I found it was bad, and took it to Mr. Turpin, who came out to the prisoner.

Cross-examined. Q. Was it so bad that if Mr. Turpin had not spoken to you, you would have seen it was bad? A. Yes, it was not like silver, it was rather dull.

  HENRY PARKHURST (Policeman). On the 14th November I was called, took the prisoner, and received this shilling from Mr. Turpin—I found on the prisoner four halfpence and five farthings—I took him to the station, he was very violent, and hit me on the nose—I was in uniform.

  WILLIAM WEBSTER . This shilling is bad.

The Prisoner's Statement before the Magistrate. "I will speak the truth. I am a porter in the market I only had five farthings. I only had that shilling, and could not give another for it I went and called for a pint of beer and gave this shilling. I did not know it was bad."

NOT GUILTY .

 

82.   WILLIAM JOHN STEVENS (47) , Feloniously forging and uttering an authority for the payment of 25l., with intent to defraud.

MESSRS. M. WILLIAMS and STRAIGHT conducted the Prosecution; and

MR. OPPENHEIM the Defence.

  ELIZABETH DULLAM . I am the wife of Thomas Cope Dullam, 31, King's Square, Goswell Road—my maiden name was Elizabeth Mellon—in December, 1867, I was a member of the Mutual Loan Fund and Investment Association—on 20th December, the amount I had standing to my credit was 10l. 12s. 7d.—this is my deposit book—I paid 6s. in after that, and on 30th December, I had 12l. 10s. 5d. to my credit—the signatures of "E. Mellon" to this document is not in my handwriting—I never authorised any person to sign my name to it—no part of it is in my writing—I knew the prisoner as treasurer of the Loan Fund—I had not seen him since June

16th, 1866, up till the 20th December, 1867—I paid in 6s. on the 30th December—on 20th December, or since that time, I had no sum of 25l. in the Loan Fund—in February this year, the prisoner called upon me and paid me 7s. 10d. or 8s. 10d. for the dividend of my amount, which he said was the 12l. odd—in April I received a letter from him—I don't know where that letter is—my husband and myself then went to the society, and saw the prisoner—the prisoner said the society was in a very bad state, and he advised us to draw out, and that the large members were all drawing out—the prisoner wished to have a form of notice—my husband had written out one and taken with him—the prisoner saw that notice and read it—he said, "That is of no use, you write one as I tell you"—he kept the other notice himself—he never gave it back to mo at any time—my husband wrote out another form of notice at the prisoner's dictation, and signed it—I did not see it after it was written—we left it with the prisoner—he said the society was in a very bad state, and he would get the amount out for us, as he thought it was hard for me to lose a little amount like that—he told my husband to date it back as he told him, to the 7th December, and then we should have the money in full, as it would be put back with the December notices of withdrawal—nothing further took place at that time—on 10th July, the prisoner paid my husband 5l. as part of the withdrawal, on account of the 12l. odd—he said money was coming in very slowly, and he could not bring the whole amount—my husband gave him a receipt for it—I saw him write it—this is it, only without the stamp and the cross on—the prisoner asked for a receipt.

Cross-examined. Q. You produce a book here, in which you say there is 12l. 10s. 5d. to your credit, in whose handwriting is that book, the figures I mean? A. The secretary's, I believe—I did not see him make the entries—I always paid the money in through Miss Bibbens, a friend of mine—I gave it to her to take to the society—I have been a depositor for three years—I paid in something every week regularly—the 12l. 10s. 5d. on the 30th December includes the interest—all the amounts that I paid in are entered in this book—I always deposited the amounts in my maiden name—I did not tell my husband at the time I was married that I bad this money—I told him in January of this year—I never gave anyone authority to sell out my shares—I was paying in, I could not do that—I never went to the society—I did not see the prisoner at all in December—it was because the prisoner said the society was in a bad state that I wanted to draw the money out—I had loans from the society before my marriage—the last loan I received from the prisoner in June, 1866—I paid it back in October, 1866—Miss Bibbens was the person who paid the money in for me—she is not here—the prisoner kept a public-house—the loan society was carried on there, and he was treasurer.

  JAMES ALDRIDGE . I live at 88, Union Street, Borough, and I am a licensed victualler—on 20th December, 1867, the prisoner called on me—he asked me to purchase a deposit standing in Miss Mellon's name for the amount of 25l.—I said I would—he said he had one to dispose of and he would get the authority to transfer it to my name—I said, "Very well"—he called afterwards, and brought me this document (produced) marked A—I don't know the prisoner's writing—I read it through, and there was no amount of money put upon it—I asked him how it was, and he said he had forgotten it—he said he could put down the amount, and asked for a pen and ink—I gave him a pen and ink, and he put down "25l." on the paper

—I paid him 25l., and he handed the paper to me—he said the paper was an authority for him to dispose of the deposit in Miss Mellon's name, amounting to 25l.—he called on me a day or two afterwards, and brought me 1l. 3s. 8d., interest on Miss Mellon's deposit—some months afterwards I made inquiries of Mr. Haggis, the secretary, and in consequence of what passed between us we called Mr. Stevens into the room—I asked him how he came to sell Miss Mellon's deposit for 25l., when she had no such amount there—he said, "All right; I will make that right for you"—I said, "I don't know so much about being all right, I want my money"—he said he would call round in a day or two and see me—I hive not had the 25l. transferred to my name, or any part of it—I was at the Police Court when the prisoner was charged—I saw this authority, marked B, produced, dated December, but I don't know where it came from.

Cross-examined. Q. Did the prisoner give you a receipt for the 25l.? A. Yes; this is it, the authority, he did not give me more than that—I had the greatest confidence in him—I received the authority to transfer about three or four months after I paid the money—the prisoner undertook to get the transfer made out to me—I went to the society two or three months after, and saw Mr. Haggis—I did not ask the prisoner to make the transfer in the books—I often saw him, and asked him about the money—I did not take proceedings against him before this, because he promised to pay me the money back—I did not know Mrs. Dullam before this—at the beginning of September there had been a quarrel between the prisoner and the society—I am not conducting this prosecution at the request of the society—I made the application to Mr. Partridge to grant a summons on the same day that they had the quarrel—he was taken into custody about a fortnight ago—the proceedings against him by the society were quashed by order of the Magistrate—he was then arrested on this charge—I know Mr. Haggis—not intimately—I did not know him before this transaction.

MR. STRAIGHT. Q. You saw the prisoner frequently from that time to the time when these proceedings were first instituted? A. Yes, on the subject of this money—I did not take proceedings against him before, because I thought he would pay me the 25l.

  THOMAS COPE DULLAM . I live at 31, King Square, Goswell Road—I married Miss Mellon on 31st July, 1867—I first saw the prisoner in January, 1868—it may have been the beginning of February—I know nothing of this document marked A—I never gave the prisoner any authority to write it on my wife's behalf—I first saw it in August this year—I remember drawing up a notice of withdrawal in April, in this year—I went with my wife to the prisoner's house—I handed the notice of withdrawal to the prisoner—he looked at it and said it would not do;" If you let this go you will lose 10 per cent., and you will be a long time before you get your money; you write as I tell you"—I did so, and wrote every word that he said—this is the document that I wrote; the prisoner dictated it, word for word; I never added one word of my own to it—that is my signature at the bottom—he told me to date it back to December 7th, then I should get my money in full—(Read: "December 7th, 1867. I authorise Mr. Stephens to withdraw and dispose of the shares standing in the name of Miss Mellon on the books of the Mutual Loan Aid Society, held at the Hope, Gravel Lane, Southwark. The suggestion as to the withdrawal of the money came from the prisoner—I saw him again on 16th

July, and he paid me 5l.—I understood it came direct from the society, on account of the 12l. odd—I gave him a receipt for the 5l.—this is it (produced)—I did not put the stamp on it—we received some interest in February, but I don't remember how much it was.

Cross-examined. Q. It was in consequence of a letter, that you called about selling the shares? A. Yes; the prisoner then said that the Society was in a bad state, and he should like us to draw out, or we should lose 10 per cent., as a large number of members were drawing out—when I married my wife, I believe she had money, but I did not know where it was—I did not trouble my head about it—I wanted her to have it herself—I did not know how much it was—I believe it was not a thousand pounds—I knew it was in a loan society—I knew what the amount was in February, when she received her dividend—I saw the authority that I had signed when I was before the Magistrate—I don't know who produced it.

  GEORGE HAGGIS . I live at 29, Edward Street, Blackfriars Road—I am secretary to the Mutual Loan Fund and Investment Association—that is held at the prisoner's public-house—the prisoner was treasurer—I produce the books of the association; I keep them myself; for the quarter ending January, 1868—the amount of Miss Mellon's deposit was 12l. 6s.—on December 20th it was 12l.—at the end of the quarter 5d. was deducted, and that would make it 12l. 5s. 7d.—on the 20th December there was 8s. 11d. due to her for discount; that was paid by the prisoner—there was never a sum of 25l. to the credit of Miss Mellon since she was a depositor—6s. was paid into her account on 30th December—I generally saw the prisoner twice a week—I have never received notice from him, or any other person, to transfer Miss Mellon's deposit to James Aldridge—I had an interview with Mr. Aldridge in April, 1868—he had a conversation with me, in consequence of which the prisoner was called in—he asked the prisoner about the 25l. he had given him for Miss Mellon's shares, and he said he would make it all right—there is no entry of 5l. on 10th July, 1868, as having been paid to Miss Mellon or Mr. Dullam.

Cross-examined. Q. Are all these entries in your handwriting? A. Yes—I don't know Mrs. Dullam personally—I can't say whether the amounts were paid in by her; I think they were paid by someone on her account—I am positive Miss Mellon never had 25l. in the books of the association—the accounts were audited the first week in this month—I did not audit them myself—the prisoner was removed from the treasurer ship on 20th March this year—we claimed 106l. from him, and he said he did not owe it—we took proceedings against him at the Quarter Sessions—MR. Aldridge is prosecuting this matter, not the society—it was not at the request or with the concurrence of the society at all.

  HENRY PIKE (Policeman M 208). I apprehended the prisoner on 28th October—I read the warrant to him, and he said, "All right, I will go with you quietly"—he said, "They may as well have brought it against me at the last sessions"—I was present at the examination before the Magistrate—I produced this document which I found on the prisoner—that is the one Mr. Dullam signed.

  GEORGE HAGGIS (re-examined). This signature, "N. J. Stevens," is in the prisoner's writing—I think the body of the document is in his writing as well.

Cross-examined. Q. were you asked that before the magistrate? A. no—won't swear that the body is in his writing—I am sure the signature is—I was not asked about the signature before the magistrate.

GUILTY — Twelve months' imprisonment

ADJOURNED TO MONDAY, 14th DECEMBER, 1868.