Pinnock HQ .Net

Records of Pinnock at The Old Bailey
1721 to 1910

This information has been collated from records of Proceedings at the Old Bailey for 1674 to 1913.
There is a wealth of information and an insight into the lives of our London relatives.
Not only were they helping with upholding the law, but in a few instances, being on the wrong side of it!
In some instances there are transcripts of what they actually said in court. as well as the outcome of the case.
(Any references to the family name have been included for completeness.)

Click over  the link to get to the Old Bailey reference and over [Show/Hide] to expand to the detail.
N.B. If you want to print all this out , it is approximately 70 pages of A4.

James Pinnock, victim name in trial of William Rouse, 1st March 1721.  ~~~ Theft > shoplifting ~~~ [Show/Hide]
William Rouse of St. Giles in the Fields , was indicted stealing 6 Yards of Silver Fringe value 12 l. and 2 Yards of Silver Lace value 4 s. in the Shop of James Pinnock , on the 12th of November last. The Prosecutor deposed, that he having a rich Chariot for my Lord Craven, the Prisoner was hired to set up to watch it, which he did about 10 Nights, then cut out the Fringe and Lace, and went away. The Prisoner confest the Fact when taken, and also upon his Trail; but it not appearing to be a Shop, the Jury found him Guilty to the value of 4 s. 10 d. Transportation
James Pinnock, juror name in Front matter from Proceedings, 30th August 1727. ~~~ [Show/Hide]
THE PROCEEDINGS AT THE Sessions of the Peace, and Oyer and Terminer, For the CITY of LONDON. AND ON The King's Commission of Goal-Delivery of Newgate, held at Justice-Hall in the Old-Baily; for the CITY of London, and COUNTY of Middlesex. ON Wednesday, and Thursday, the 30th, and 31st of August, and Friday being the 1st, of September, 1727, in the First Year of His MAJESTY'S Reign. BEFORE the Right Honourable Sir JOHN EYLES , Bart. Lord Mayor of the City of London; the Honourable Mr. Baron Thompson, Recorder of the City of London, and John Raby , Serjeant at Law; and others His Majesty's Justices of Goal-Delivery, and Oyer and Terminer aforesaid: Together with several of His Majesty's Justices of the Peace for the said City of London.
London Jury.
Nicholas Pigg , William Jackson , John Ellit , Daniel Cook , Giles Henchman , Edward Miller ,
James Mould , John Brush , William Slaughter , John Squirril , George Darvell , James Sipsey .
Middlesex Jury.
Robert Rogers , Samuel Lane , John Barton , William Burton , Thomas Harrison , Samuel Phipps ,
Stephen West , James Pinnock , William Harrison , Jonathan Shakespear Roger Fisher , John Ansom .
Henry Pinnock, defendant name in trial of Henry Pinnock, 25th October 1758. ~~~ Theft > Grand Larceny, ~~~ [Show/Hide]
334. (L.) Henry Pinnock , was indicted for stealing one watch, with the inside case silver and the outside shagreen, value 4 l. the property of William Addis , Sept. 26 . ++

A witness. I am a watchmaker and work with Mr. William Addis , the prisoner was our errand man ; I was at breakfast and saw him very busy near the watches, I gave charge to the boy to see if he missed any, the boy looked in the book and missed a watch.

Q. Where was the prisoner then?

Answer. He was gone out, I had sent him of an errand.

Q. What book is that?

Answer. We set all the watches down as they come in to be mended, and scratch them out as they go out again; I went after the prisoner through Bishopsgate, and turning down old Bedlam I saw him come out of a watch-maker's shop, I called to him, and then accused him with taking a watch, he soon owned he had stole it, and that he had sold it in that shop; I took him with me, and went in and there found it; he had sold it for 27 s. he returned the money and I took the watch.

Q. How long had the prisoner been with your master?

Answer. He had been with us a month the very day that he committed the crime.

Prisoner's defence.

I own myself to be in a fault, I had the foul disease four years ago, and I am so bad that I can hardly crawl along.

Guilty .
[Transportation.]
Ann Pinnock in trial of William Slight, Henry Jones, John Murray, Burry Payne, 11th July 1770.  ~~~ Theft > burglary  ~~~ [Show/Hide]
419, 420, 421. (M.) William Slight , alias Holtham , Henry Jones , and John Murray , together with John Cole , not yet taken, were indicted for breaking and entering the dwelling-house of Walter Holland , on the 5th of June , about the hour of one in the night, and stealing a cloth coat, value 20 s. a carving-knife, value 6 d. and four silver tea-spoons, value 4 s. the property of the said Walter Holland ; and a silk handkerchief, four linen handkerchiefs, one tea-chest, two silver tea-spoons, and a linen cap, the property of Elizabeth Batson , widow , in the dwelling house of the said Walter Holland . +

There being no witness to bring the charge home to the prisoners, besides the accomplice, they were all three acquitted .

(M.) Milliam Holtham, alias Slight, and Henry Jones , were a second time indicted for breaking and entering the dwelling house of Isabella Parker , on the 12th of June , about the hour of one in the night, and stealing two silver table-spoons, value 10 s. seven silver tea-spoons, value 10 s. one pair of silver tea-tongs, value 5 s. a silver saucepan, a silver pepper-box, a looking-glass, value 2 s. a pair of spectacles in a steel case, value 1 s. a tea-chest, value 2 s. two black silk bonnets, value 2 s. three check aprons, value 2 s. a green parchment covered book, value 6 d. a sugar cannister, value 1 s. and seventeen guineas in money numbered, the property of the said Isabella . +

Isabella Parker. I live at Islington . My house was broke open on the 12th of June at night, between the hours of one and two, as near as I could understand, when the watchman alarmed us, and said the window was broke open. They had broke six locks, and I lost a small looking-glass; to the best of my remembrance there were seventeen guineas. My bureau was broke open, and sundry papers were taken away, and two books, one a memorandum book of my bank notes; another book, bound in a green cover, which was found in the field, which is my stock-book, seven tea-spoons, six of them marked I. B. my maiden name, the odd spoon was marked with a D; the tea-tongs are marked with P. J. I.

Q. Are any of these things in court?

Parker. The constable, I believe, has got them in his custody.

Q. What part of the house had they got in at?

Parker. The parlour window.

Q. from the prisoners. Did you ever see us loitering about the house?

Parker. No; I never saw any of you before to my knowledge.

Sam. Lee . I am the constable. The night I took Price, I found these things upon him. He gave us an account where we might find Slight and Jones. I went to the room of Ann Pinnock , in Mutton-lane, about twelve o'clock. Slight and Jones were just gone from there; we found this tea-chest.

Q. Who took them?

Lee. A brother officer took them in Clerkenwell. I found the pocket-book before we went to search this room. The accomplice went with me to shew me the house he had broke open. I think he went with me to the place where the pocket-book was.

Q. to prosecutrix. Can you swear that tea-chest is your property?

Parker. I can; I have had it thirty years. I can also swear to the spectacles and the glass.

- Blower. I am a watchman; I watch at the watch-house on Clerkenwell Green. On the 12th of June, about two o'clock in the morning, I saw three men, Jones was the first; the next was Slight, alias Holtham; and the last was Price; they were walking one after another, and talking together. I knew Holtham, alias Slight, some years ago. I never saw Jones before, as I know of.

Q. How did you know Price?

Blower. He had a scarlet waistcoat on.

Q. Where did you first see them?

Blower. Opposite the watch-house.

Q. How far is that from Mrs. Parker's house?

Blower. Almost a mile. I pursued them all three.

Q. How came you to pursue them?

Blower. I knew Slight to be one of the wrong sort. They were all three loaded with goods under their left arm. I took Price with this looking-glass. I threatned to cut him down; I had a cutlass. He begged for mercy. I told him, he should have it if he behaved well. I found a steel spectacle-case, with spectacles in it, a box, with some pins in it, and a pair of gloves.

Q. Did you go to search Slight's lodgings?

Blower. Yes.

Q. When you went to Pinnock's room, did you find any thing there?

Blower. Yes, a tea-chest, another looking-glass, a dark lanthorn, and a knife.

Q. How soon might you pursue them, after they had passed the watch-house?

Blower. They had just got a-breast of the watch-house when I attacked them.

Q. Do you think Jones was one of them?

Blower. I do; he had the same clothes on when my brother constable took him.

Q. Was he dressed the same as when you pursued him?

Blower. He had the same hat and clothes.

Q. Is he a man of the same size and make?

Blower. Yes, he is. I am sure Slight was one, and I believe Jones was another.

Susanna Cohen . I am servant to Mrs. Parker at Islington; her house was broke open on the 12th of June. I fastened the house the over-night; the parlour window was broke open.

Q. How was the window fastened?

Cohen. The window-shutter was bolted and the window shut down; the window-shutter was on the outside the window, and bolted within.

Q. Was the bolt pulled back, or wrenched off?

Cohen. It was entirely wrenched off.

Ann Pinnock . I live in Mutton-lane.

Q. Do you know Slight and Jones?

Pinnock. Yes, I have seen them.

Q. Did they not lodge at your house?

Pinnock. Nobody lodged in the room with me.

Q. Do you remember seeing either of them at your room in the month of June?

Pinnock. Neither of them, to my knowledge.

Q. How came that tea-chest in your room?

Pinnock. Two young men and William Price brought it.

Q. Do you know them?

Pinnock. Yes, I should if I saw them.

Q. Look at the prisoners at the bar; are they, or either of them, the men?

Pinnock. No, neither of them.

Q. How came you to be acquainted with them?

Pinnock. I have seen them at Field-Lane, a drinking.

Q. Had either of the prisoners been at your house within twenty-four hours before the tea-chest was found there?

Pinnock. No; if they were, I was asleep.

Q. Had they not a liberty to resort to your house when they pleased?

Pinnock. Many people resorted to my house. I am an unfortunate girl of the town; I did not see them at my house.

Q. from the jury. Was you drinking with the prisoners in Field-Lane?

Pinnock. I was not drinking with them more than with other people.

Q. Does the dark lanthorn belong to you?

Pinnock. It was in the room.

Q. Who brought it to your house?

Pinnock. I bought it at Hockley-in-the-hole; the knife was brought in by Price.

Q. At what time of the night or day were they brought into your room?

Pinnock. I can't tell.

Q. That is impossible: you say, you recollect its being brought in by Price and two men; you must know whether it was day or night?

Pinnock. It was in the night; I was in bed, they waked me.

Q. How long is it ago?

Pinnock. I can't tell.

Q. Was it a quarter or half a year ago?

Pinnock. It was not so long ago as that.

Q. Was it a month ago?

Pinnock. It may be, very likely.

Q. You must know who the men were?

Pinnock. I should know them if I saw them.

Q. What did they say?

Pinnock. Price said he had got more goods; he was going out, and would come back again.

William Price . About the 12th of June, I can't be positive to the day of the month, we three, Henry Jones , William Slight , and myself, agreed to go out and rob; we attempted several houses in Islington. We were disturbed at one house, and we broke open none but Mrs. Parker's house that night.

Q. How did you get into Mrs. Parker's house?

Price. By forcing open the shutter; we put a chissel to the shutter, and then forced it open with a crow.

Q. Do inform the court what method you take to force open a window?

Price. If there is any place we can get a chissel in at, we make a little room, and then we put in the crow, which has such power, that it will force any window open.

Q. Did you open this window that way ?

Price. Jones and Slight broke it open that way.

Q. What time was it?

Price. Between one and two o'clock. I was without side, to give notice if any body came. They gave me a tea-chest and this looking-glass, and a cannister full of sugar; that was all they gave me at that time. I was sent in afterwards, and I brought out two coloured aprons and several other things, and a bottle of brandy or rum.

Q. Did you see any money?

Price. There might be money, I did not see any of it. There were two or three check aprons, and this pair of gloves, and I took the spectacles; this book was thrown over the bank.

Prosecutrix. That is my book; my name is in it.

Q. to the constable. Did you find the book where the prisoner directed you?

Lee. Yes.

Q. to Price. Where did you go afterwards?

Price. We came down a narrow path, and so across Clerkenwell-Green. I had a glass under my arm, a bottle of brandy in my pocket, and they a handkerchief tyed up, with some of the things in it.

Q. Had both of them things under their arms?

Price. No; only one had the bundle.

Q. Was you pursued by the watchman?

Price. Yes, and I was taken by him.

Q. What was Jones dressed in?

Price. A red waistcoat.

Q. Had he any coat on?

Price. No coat at all. He had a waistcoat with sleeves.

Q. to Blower. Had the other man a coat on?

Blower. He seemed to me to have a coat on; a dark coat.

Q. to Price. Had Jones a coat on?

Price. No; he had not.

Q. Do you know any thing of this Pinnock?

Price. She was kept by Slight; I have known Jones frequently lie there.

Q. Had you yourself ever been with him there?

Price. I was in the same room with them once or twice; I saw them take a dark lanthorn there.

Q. Did you go to Pinnock's that night all of you?

Price. Yes.

Q. Was she up when you got there?

Price. I can't be positive.

Q. Did Slight generally lodge there?

Price. He always kept her company; I can't say he lodged there.

Q. to Blower. How soon did you see Jones after he was taken?

Blower. About half an hour.

Q. Had he a coat on or no?

Blower. He had a coat on then; when they saw me a coming up to them, they turned round short.

Q. Had he a coat on when he passed you?

Blower. I am certain he had a red waistcoat on; I will not be positive whether he had a coat on.

Q. Was it not the next day?

Blower. The next day at two o'clock.

Q. It struck you that he was the same man from his dress, did it?

Blower. Yes.

Q. Had he a coat on then?

Blower. Yes.

Q. What part of his dress struck you at that time?

Blower. A red waistcoat.

Q. to Lee. What constable was it that took Slight and Jones?

Lee. They ran away from me, and a brother constable, Mr. Bishop, took them.

Q. from Jones to Price. Did you ever see me break open any house in your life?

Price. Yes.

Q. Where?

Price. The house of Mr. Mott, at Ball's pond, and he also helped to break open Mrs. Parker's house.

Q. from Slight. Did you ever see me break open any house?

Price. Yes, Mr. Mott's and Mrs. Parker's. I had only been with them seventeen days when I was taken.

Joseph Bishop . I am a constable. Mr. Rooper came to my house, and said Slight and Jones were gone by at the top of our street; I desired they would pursue them immediately; I also joined them. We overtook them, I believe, in the space of a quarter of an hour.

Q. Were they running?

Bishop. They were making the best of their way; they every now and then turned round, and one had a knife in his hand.

Q. Which of them?

Bishop. Holtham, alias Slight, I believe.

Slight. That knife I cut my bread and cheese with.

Q. Did either of them make any resistance when you took them?

Bishop. Slight was taken first; Jones jumped over a ditch. Mr. Rooper bid him come back, which he did, and he took him. We took them to Bridewell, there we searched them; there was nothing found upon them. The keeper of the prison took a piece of linen out of Slight's pocket, which Mr. Mott claimed.

Q. I think you said you were concerned with them in breaking open Mott's house.

Price. Yes, and Burry Payne was concerned in that robbery.

Richard Mott . My house was broke open in the night of the 11th of June, and this piece of linen (taking it in his hand) was taken out. My wife has a gown of the same; I can swear to the piece.

Slight, alias Holtham's Defence.

I can tell how I came by this linen. I went into a public house and called for a pint of beer. Pinnock's mother, who came to my master's where I lived, with butter, had fetched it out of pawn, and I put it in my pocket I got up early in the morning they are speaking of; I was going to my father's, to do some work that I was obliged to have done by eight o'clock. I work for Mr. Jarvis on Snow-Hill, and make crnet handles.

Jones's Defence.

The night that Mrs. Parker's house was robbed, I was at my father's house; I was a-bed there at nine that night; I did not get up till half an hour after nine in the morning. Here is a woman here that can swear I lay at my mother's house the night this house was broke open.

For Jones.

Elizabeth White . I lodge in Great Earl-street, Seven Dials; I have known Jones a great many
years; his father and mother lodge in the next room to me.

Q. Where does he live?

White. He chiefly lived in Kingsland Road.

Q. Then he did not lodge at the house you did?

White. Not for a constancy; he lodged there sometimes.

Q. In your room?

White. No, the room next to it.

Q. How long has he lodged there?

White. On and off about six months; my room is on the garret floor. I heard he was taken up either on the Wednesday or Thursday.

Q. Can you tell when he lay at this lodging, and when not?

White. I can't punctually say; he might be there, and I not know it. He was in my room about eight o'clock on Tuesday night; I can't say what became of him afterwards.

Q. Did you see him the next morning the day he was taken up?

White. Yes, the day he was taken up he was at my room between twelve and one at noon, I believe. I thought him a hard working man; he is a brick-maker.

Slight, alias Holtham, Guilty , Death .

Jones, Acquitted .

422. (M.) William Slight , alias Holtham, and Henry Jones , were a third time indicted, together with Burry Payne , for breaking and entering the dwelling house of Richard Mott , on the 11th of June , about the hour of one in the night, and stealing six china tea-cups and six china tea-saucers, value 2 s. 6 d. four pieces of linen cloth, value 4 s. one looking-glass, val. 2 s. two pair of worsted stockings, value 3 s. ten bottles of wine, value 10 s. two check aprons, value 2 s. four linen shirts, value 4 s. two silk handkerchiefs, value 2 s. and three china basons, value 1 s. the property of the said Richard Mott , in his dwelling house . *

Richard Mott . I keep a public house , the Green Man, near Newington Green . My house was broke open on the 11th of June in the night; the window was fastened over night, with a bolt in the inside. When they got into that room, they could not get into any other part of the house without going out of that room, and breaking in afresh. It was a very windy night; there were large trees before the house, and we heard a noise, but thought it was the wind among the trees. When I got up at six in the morning, I found the window with the bolt broke, and the staple wrenched off; the drawers were taken out of the bureau, and laid some in one place and some in another. There were six locks to the bureau, which were broke; there was a closet at the upper-end of the room; they could not break the lock open, so they broke the pannel of the door; they took the wine from that closet. I lost a great many other things besides those mentioned in the indictment; they were taken up, I believe, on the Wednesday following.

Samuel Lee . I am a constable. I went with Price, the evidence, to search for the prisoners in Pinnock's room, as she says it is hers. Slight and Jones ran away. We were told they were in the room just before we went up stairs. This looking-glass was found in Pinnock's room. I went to Mr. Mott to tell him, and I took this glass in my pocket; the evidence went with me. I asked Mr. Mott if his house had been broke open, and if he had lost a glass; he said, yes. I asked, what sort of a glass; his wife said, she had the back of it. (Note, the back of the glass was wanting.) (The glass produced, and deposed to by prosecutor.)

- Blower. I went with Mr. Lee and the accomplice Price, to Ann Pinnock's room. The evidence went directly to this looking-glass, and said that that was stole out of Mr. Mott's house.

Q. I think you said, when you took Price, there were only three persons together.

Blower. Only three: I have nothing to say against Burry Payne.

William Rutt . When we were in search for the prisoners, we found this looking-glass at Pinnock's lodging.

Bishop again.

Q. You said you found a piece of linen upon Slight.

Bishop. Yes, this is it; I took it out of his coat pocket.

John Wood . Mr. Bishop and I searched Slight in Bridewell, and found this piece of linen in his pocket.

Mr. Thomas Ballas . I live about a quarter of a mile from Mr. Mott's. The morning that he was robbed, just after the clock had struck twelve, my dogs alarmed me. I threw up my sash, and saw three men, and a fourth was standing in the breach they had made in the pallisadoes; I can't swear to their faces; they ran away.

William Price . The three prisoners at the bar and I were concerned in breaking open the house of Mr. Mott.

Q. What day was it on?

Price. I can't positively say the day; it was a night or two before the breaking open Mrs. Parker's house; we broke into a long room; there seemed no other room but that; it seemingly joined the dwelling house.

Q. What did you take from thence?

Price. I was not in the room: we took a looking-glass and several pieces of linen; they all three went into the room.

Q. How did they get in?

Price. By breaking open the outside shutter.

Slight's Defence.

Henry Jones was asleep under a tree at the time this robbery was done.

Jones's Defence.

I know nothing of it.

Burry Payne's Defence.

I know nothing of it.

Slight, alias Holtham, Guilty , Death .

Payne and Jones Acquitted .
Ann Pinnock in trial of William Price,  John Murray,  John Coleby, 11th July 1770. ~~~ Theft > burglary ~~~ [Show/Hide]
441, 442, 443. (M.) William Price , John Murray , and John Coleby , were indicted for breaking and entering the dwelling house of James Holland , on the 3d of May , about the hour of one in the night, and stealing a wooden till, value 2 s. and five hundred halfpence, value 21 s. the property of the said James, in his dwelling house . *

James Holland . I keep the Butcher's Arms, a public house , in Chick-lane . The watchman called me up on the 3d of May, between two and three o'clock, and told me my house was broke open. I got up, and found the room where my bar is was broke open, a wooden partition that went into the gardens, broke open; the till in the bar was broke open, and taken away: I found this chissel upon the bar. (Producing a large chissel.) Pinnock told the justice that Price brought this chissel.

Price. I was admitted an evidence against Pinnock for receiving stolen goods, and she has sworn this thing against me, which I know nothing of, out of revenge. In her information she says that I stole six spoons from Mr. Mott's, on which trial yesterday I was admitted an evidence; whereas Mr. Mott lost no spoons.

Ann Pinnock . I live in Chick-lane; I am there of a day; I don't live there, I live in Mutton-lane.

Jury. You said yesterday that you lived in Chick-lane?

Pinnock. I have a room in Mutton-lane. I was drinking in Mr. Holland's house with a great many more people; Price said he had no more money, and he must go out that night a house breaking. Murray and Coleby were there.

Q. What time was this?

Pinnock. Some time in May.

Q. The beginning or end?

Pinnock. I don't know.

Q. What did Murray and Coleby say to that?

Pinnock. They were very agreeable.

Q. And what said you?

Pinnock. I was as agreeable to go with them as they were to go.

Court. The scheme seems to be to revenge themselves of this Price, who, I verily believe, has told the truth.

All three Acquitted .
John Pinnock, juror name in Front matter from Proceedings, 21st April 1773. ~~~ [Show/Hide]
THE WHOLE PROCEEDINGS ON THE King's Commission of the Peace, Oyer and Terminer, and Gaol-Delivery FOR THE CITY of LONDON; And also the Gaol-Delivery for the County of MIDDLESEX; HELD AT. JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 21st, Thursday the 22d, Friday the 23d, Saturday the 24th, Monday the 26th, Tuesday the 27th, and Wednesday the 28th of APRIL, 1773.

In the Thirteenth Year of His MAJESTY's Reign. Being the Fourth SESSION in the MAYORALTY of The Right Honourable James Townsend , LORD-MAYOR of the CITY of LONDON.

NUMBER IV. PART I.

LONDON:

Sold by S. BLADON, at No. 28, in Pater-noster-Row

[PRICE SIX-PENCE.]

THE PROCEEDINGS ON THE

King's Commission of the Peace, Oyer and Terminer, and Gaol-Delivery, held for the City of LONDON, &c.

BEFORE the Right Honourable JAMES TOWNSEND , Lord Mayor of the City of London; the Honourable GEORGE PERROT , Esq. one of the Barons of his Majesty's Court of Exchequer *; the Honourable Sir HENRY GOULD , Knt. of the Justices of his Majesty's Court of Common Pleas +; Mr. Serjeant GLYNN, Recorder ++; THOMAS NUGENT , Esq; Common Serjeant ~, and others his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.

The *, +, ++ and ~, refer to the Judges by whom the Prisoners were tried.

(L.) First London Jury.

(2d L.) Second London Jury.

(M.) First Middlesex Jury.

(2d M.) Second Middlesex Jury.

First London Jury.
William White, Arthur Finden, William Cave, Anthony Bodlidge, Alexander Milne, John Lardner,
John Banner, Edward Richardson, William Carter, John Bonus, James Craven, Thomas Wm. Preston,

Second London Jury.
Richard Heatley, Henry Flagman, Benjamin Metcalfe, Thomas Whywall, Thomas Downes, Clark Durnford,
Thomas Morris, James Barron, John Scott, Matthew Poole, John Fowler, James Palme,r

First Middlesex Jury.
William White, Christopher Kempster, Packer Oliver, David Davids, George Harrison, Robert Archibald,
Mark Toole, Richard Brittan, William Franklin, Benjamin Bryan, Robert Tate, Arthur Stroder,

Second Middlesex Jury.
John Villiers, Thomas Knowles, Joseph Newsham, John Lillingston, William Decly, John Pinnock,
Robert Walter, George Knelham, Thomas Booth, John Palmer, Samuel Wilson, Samuel Russell
JAMES PINNOCK in trial of EDWARD WELCH,  8th December 1790. ~~~ Killing > murder ~~~ [Show/Hide]
1. EDWARD WELCH was indicted for that he, on the 4th of December instant, not having the fear of God before his eyes, but being moved and seduced by the instigation of the Devil, with force and arms, feloniously, wilfully, and of his malice aforethought, on one Margaret Lane , in the peace of God and our lord the king, then being, did make an assault, and that he with a certain clasp knife, of the value of sixpence, which he in his right hand, then and there had and held, on the lower part of the belly of the said Margaret, feloniously, wilfully, and of his malice aforethought, did strike and thrust, giving her by such striking and thrusting as aforesaid, one mortal wound, of the breadth of one inch, and of the depth of three inches, of which mortal wound the said Margaret languished from the said 4th of December to the 6th, and languishing did live, on which said 6th day of December the said Margaret, of the said mortal wound aforesaid, did die; and so the jurors on their oaths say, that he, the said Edward, her the said Margaret, feloniously, wilfully, and of his malice aforethought, did kill and murder .

He was also charged with the like murder on the coroner's inquisition.

The case opened by Mr. Garrow.

ELEANOR BURKE sworn.

I live in High-street, Bloomsbury, No. 23 . I am a married woman. I know the prisoner, and the poor woman that lived with him, Margaret Lane; they lived together as man and wife: I lived in the same house: they had lived there going on four months: they used to porter fruit in Covent-garden. I remember the prisoner coming home on Wednesday, the 4th of December, down stairs, without a bit of hat on his head, and with tears in his eyes, and he said, there now, this woman is not at home before me now; I said, she was not gone far, but went out for something she wanted; at the same time he said, I will do for her to night; says I, Ned, for Christ's sake do not have any words in the house to night; he said then, that he would do for her, and give her her guts for garters; he ran up stairs, and I heard the murder going on; I did not hear the woman come in; and I heard the woman crying murder as soon as he got up stairs; she kept crying murder, Nell Burke ! murder, Nell Burke ! I listened still, and heard her speech getting very weak; I did not go at first, because there were often such cries; I thought he was beating her, or pulling her hair; then I went up into the room, and she was crying, Ned, my life! my life, Ned! and so on: on my opening the door, she was on the furthermost side of the room; he was between me and the door; she was standing, leaning back, with her hands by her side, against the wall; he was standing staring in her face, close enough; he had something in his right hand, which I could not tell what it was; he had a candle in his left hand, and he was stabbing her in my sight, all the while before me, and also before I got into the room; I saw him stabbing her; and he said to me, what brought you here, you whore? I will serve you the same; when I saw the man stabbing the woman I got as soon as I could on the landing-place; I bawled out, murder! the woman is done for; then I called out, Mrs. Thorpe! Mrs. Thorpe! the woman is done for now: Mrs. Thorpe lived in the floor facing me: she sent me to the shop to get a man to go up; I could not get ever a man there; then I went to look for the patrol, and when I came back I found Mrs. Thorpe and the patrol at the door; I was not absent half an hour: we went up stairs in the prisoner's room, and found her on the flat of her back, on the floor; we all went into the room: the prisoner was standing on the landing place, in custody of a constable: I supported the deceased's head; I saw her guts out of one side: the poor woman said nothing to me, only to undo her stays and things, for she was swelling up so much, she said, and to send for the doctor, and the gentleman, the clergyman, that she should confess to him: as the prisoner was taking to the justice, he said to the deceased,

"Peggy, was it not the scissars that did it, that were hanging to your side when I wanted to get the money out of your pocket?" and she made him no answer; and he said,

"Peggy, will you not go to see me in the round-house tomorrow?" but she made no answer: she was laying on the floor, on the broad of her back: the wound was the right side of her belly: she was taken to the hospital about six o'clock; it was not full five when it happened: it was on a Saturday night, and she died on the Monday: they would not let me into the hospital: I saw nothing picked up in the room.

Mrs. THORPE sworn.

I lived in the first floor of this house: the prisoner and the deceased lived there together, as man and wife, about four months: I was sitting in my own room: my door was shut: I was at work: I heard desperate cries of murder, from the two pair of stairs back room, which was the prisoner's room; it was Hannah Lane's voice: I did not attempt to go out of my room, because they were very frequently fighting, and there were often cries of murder; Mrs. Burke went up, and she came down, and alarmed me; says she, Mrs. Thorpe, the woman is killed, come up for God's sake: I went up, and saw the situation she lay in: Welch was standing in the middle of the room, with a knife in his hand, and the deceased laying on the floor, and I ran down stairs, and got the assistance of the constables and patrol; and as we were going up the prisoner was coming down stairs; he had got down one pair of stairs: this had made a great alarm: I told him to go up stairs again, and not be a fool; I asked him how he could do such a thing; and he said, damn her eyes, it was her own scissars; then he returned, and went up first, and we followed him: the deceased was laying as we left her; we took up a light; I saw no other: he got in a little before me, and when we got in he was standing in the middle of the room, with a knife in his hand, which he threw under the table; and the deceased said, for God's sake, Mrs. Thorpe, fetch me a woman and a doctor; I saw her situation; she kept swelling very much; I cut her petticoat strings; she was not unlaced; the wound was in the right groin, the lower part of the belly; and I saw her entrails very much out through the wound; the patrol took the man out of the room while we examined the body more; and I went for a doctor; but I was so frightened I could not get one at all: she kept swelling so much: the patrol cut her petticoats off: I desired Martha Reardon to pick up the knife, which she did, and gave it to me, and I gave it to the patrol; it was a pocket clasp knife, with a picked point; it was very bloody; the blood was wet upon it; she called out for a clergyman, for she was a dead woman; then she was taken to the hospital; I heard nothing more: I saw her no more.

Was the knife the same the prisoner had thrown away? - Yes.

Are you sure of that? - Yes.

Court. In undressing the woman did you observe any scissars by her side? - I did not.

Did she used to wear any scissars by her side? - I never saw any.

MARGARET REARDON sworn.

I lived in the same house; I went up into the room after the patroles took the man to the round-house: I picked up a knife from under the table; Mrs. Thorpe desired me to pick it up; I gave it to her, and she gave it to the patrol; it was full of blood; I did not take notice whether it was fresh or dry blood.

Prisoner. Have not you a warrant against me? - My husband has.

SAMUEL WRIGHT sworn.

I am one of the patrol. I went to the house. Mrs. Thorpe delivered me a knife: it has been in my custody ever since: I was before the magistrate, Mr. Walker: this knife was produced; the prisoner said, if he was hanged for it, this was his knife, several times.

(The knife produced; a large clasp knife with some blood on it.)

CHARLOTTE BARKER sworn.

The deceased had been to my sister's shop for some potatoes; I served her with some, and my sister served her with a penny candle; in about ten minutes, to the best of my knowledge, I was alarmed with the cry of murder; I saw the patrol coming, and I sent them up; I followed them up stairs; the deceased was sitting on the floor, with one knee up, and the other stretched out; she asked me to fetch her a minister and a doctor; I went down stairs, and fetched a surgeon, Mr. Cartwright, and I stood by one side of her, and I saw a pair of scissars lying fastened to the string of her apron; I had seen the wound; and I asked her if the scissars had hurt her; she said, no, he did it with a knife; the prisoner was then gone to the justice's: there was no blood on the scissars at all.

Court. Did she explain who she meant by he? - No, she did not; she was very faint.

Did you repeat the question? - No; I was glad to get out of the room.

JAMES PINNOCK sworn.

I am the constable; I took the prisoner with the two patroles. She said, she wanted a woman and a doctor.

Mr. Garrow to Mrs. Burke. I believe you Irish women call a midwife a woman? - Yes.

Pinnock. The prisoner said he had been taking some money away from her, and the scissars had run into her side.

THOMAS CARTWRIGHT sworn.

I am apothecary to the united parishes: I was called upon to see the woman; I found her lying on the floor, and a wound on the right side, on the lower part of the belly, and the intestine protruded about four inches; I found the wound so small (being about an inch in length) I found it impossible to reduce the intestine without making the incision much larger; I went to the hospital, and saw the intestine reduced.

Mr. Garrow. Now by the smallness of the wound, and by its size, could you form a judgment whether it had been made by a cutting instrument or by a puncture? - It appeared to have been made by a cutting instrument; I saw the intestine at the hospital, and it was cut through, which confirmed my opinion, that the wound was made with a knife.

JOHN DINGLE sworn.

I am resident house-surgeon of the Middlesex hospital. I saw this deceased: there was a small wound made in the lower part of the right side of the belly, through which a considerable portion of the intestine had protruded: after this woman was considered by me in a dangerous state, and she so considered herself, she said to me that her husband had stabbed her with a knife, and before that he had struck her on the head with a small stick.

Who did she mean by her husband? - The prisoner. She died on the Monday morning; the wound she had received was the cause of her death.

From the appearance of it, could it be made by the puncture of a pair of scissars, in a struggle between two persons? - In my judgment it certainly could not, as the intestine had been cut through; I have no doubt but it was done with such an instrument.

PRISONER's DEFENCE.

I had not seen this knife that was produced at the justice's for some time, the week before; it did belong to me; I had not seen it since Tuesday or Wednesday: on this Saturday morning I did work for Mr. Dumay, in German-street, at the Gun Tavern : I had not a load for this woman, for us both together, as usual; on my return I had half-a-crown in my pocket, which I had earned; I gave it to her to buy provision for the next day; my small clothes were dirtied in carrying these things, and she told me I had dirtied them with a servant maid below stairs; then I went with two bushels of coals, and returning back to my apartment I found my room door open, and nobody in the room; I came down to Eleanor Burke , and asked her if she saw this woman; I said, I had lost many things, and should lose more; when she came in I gave her a box of the ear, and she fell right against the window; says I, what is the matter with you? says she, I am cut, I am ruined; and I missed my razors; I could not find them: we had sprats for dinner; and I found the razors under the pillow; she said, she had put them for me; she was repeatedly jealous of me; I turned her away, and she went to the people, and threatened to set the house on fire; and she made such a row that the people told me they would not be bothered about her.

The prisoner called one witness to his character.

GUILTY , Death.

GUILTY, on the coroner's inquisition.

Tried by the first Middlesex Jury before Mr. Justice ASHURST.

Proclamation being made, the Recorder passed sentence as follows:

Prisoner at the bar. You have been convicted after the patient hearing of a discreet jury, to whom you could make no objection, of the very heinous crime of murder; that you may make the best use of the short space of time that is allotted to murderers to remain among us, I announce to you the dreadful information, that the court are perfectly satisfied with the verdict of the jury, by which you are doomed to almost immediate death: bad as the crime of murder is in every case, your crime is highly aggravated by the consideration, that you by cohabiting with this woman had taken her under your pecullar protection; the blow given by you to this woman is not only unlawful as a member of civil society, but it was disgraceful to you as a man; it was an attack made by the strong on the weak; it was an attack made by a man with a deadly weapon in his hand, on a poor defenceless woman; it was attended with a Brutal ferocity, and accompanied with expressions that would disgrace the most ignorant and the most inhuman savage; such as I shall not repeat, because they are too shocking for the hearing of such an audience: this, prisoner, was a conduct which nothing could justify or even mitigate, but a direct and violent attack on your own existence: your mind must have been callous to the feelings of humanity, and to the well-being of others. Let me most seriously now recommended to you, to pay some attention to your own welfare, and to your present situation, and to make the best use of your time; cut off from all hope in this world, if possible, to make your peace with God hereafter: and I, prisoner, pray to the Almighty God, that the execution which you are now about in a most publick manner to suffer, may become a serious example to deter others in future, who may be disposed to commit such violent outrages, against, and in defiance of, the laws of God and man, and to the injury of society. Nothing remains for me but that I pass upon you the sentence of the law; which sentence is, That you be taken from hence to the place from whence you came, and from thence on Monday next to a place of execution, there to be hanged by the neck until you are dead, and your body to be dissected and anatomized , pursuant to the statute in that case made and provided.
SOPHIA PINNOCK in trial of THOMAS KING, ELIZABETH KING, 1st July 1812. ~~~ Theft > Grand Larceny ~~~ [Show/Hide]
589. THOMAS KING and ELIZABETH KING were indicted for feloniously stealing, on the 22d of June , two handkerchiefs, value 1 s 6 d. a cotton bag, value 6 d. and a pellisse, value 15 s. the property of Hannah Paternoster , spinster .

HANNAH PATERNOSTER . I have been a servant . I am now living with my sister, at Rumford.

Q. When did you lose these things - A. I left the articles in a box, with the prisoner, Mrs. King

Q. What is King - A He is a horsekeeper at Mr. Whitbread's brewhouse.

Q. What day was it you left them - A. On the 16th of May the Kings lived in Crown-court, Grub-street . I called for the box on the 20th of May. She told me, that she had sent it down to Rumford. I had every reason to suspect she had not. I went to the magistrate at Worship-street. Bishop, the officer, went with me, and I found some of the property under the bed. I found these articles, a pellisse, and various pieces of cotton, and two handkerchiefs.

Q. Had you left other things besides that - A. Yes, the box was full. I never had the box, nor the other articles. When I went to the house she would not let me in. The neighbours told me that she was in the house, but she would not let me in. Her husband was not at home. I found him at work.

Elizabeth King . She left these things by the side of the box.

Prosecutrix. They were in the box.

DANIEL BISHOP . I went in company with the prosecutrix. I found the woman prisoner in the lodging. The woman prisoner said, they were not in the box The prosecutrix said, they were. She denied having the box at all. Afterwards she said, she sent the box to the inn, to go down to Rumford.

Elizabeth King 's Defence. I sent the box away to go to Rumford. The box went out of my house, corded up, and locked.

Thomas King was not put on his defence.

SOPHIA PINNOCK . I saw the box open at the prisoner's house, about a fortnight after the prosecutor was gone. She said, she was lifting the box up. It was very heavy, and she supposed the lid flew open.

THOMAS KING , NOT GUILTY .

ELIZABETH KING , GUILTY , aged 36.

Confined One Year in the House of Correction , and fined 1 s .

Second Middlesex jury, before Mr. Recorder.
John Pinnock, victim name in trial of MARY WILLIAMS,  1st July 1812. ~~~ Theft > Grand Larceny ~~~ [Show/Hide]
601. MARY WILLIAMS was indicted for feloniously stealing, on the 24th of May , a pewter quart pot, value 18 d. and a pewter pint pot, value 14 d. the property of James Harrison ; a pewter pint pot, value 1 s. the property of John Pinnock ; two pewter pint pots, value 2 s. the property of Anthony Wilson ; and a pewter pint pot, value 1 s. the property of John Jackson .

JAMES HARRISON . I keep the sign of the Monster .

WILLIAM HOMAN . I am an officer of Bow-street office. I went to the Monster public-house . The prisoner was stopped by Mr. Pinnock. He had got this pot and three others from her, in my presence. She was given into my custody. I found these other five pots after them four. She had got the whole nine upon her at one time. After I put her in Tothill-field's prison, I went to her lodging, and found this frying-pan. It has melted pewter.

JOHN PINNOCK . I met the prisoner with a spouted pot in her hand. She appeared to me to be a stranger in the neighbourhood. I asked her, whose pot it was. It belonged to Mr. Harrison. I took two pots from her bosom, and one from under her cloak.

MR. HARRISON. These two are my pots.

MR. JACKSON. This is my pot. I keep the Compasses, at Chelsea .

MR. PINNOCK. This is my pot.

MR. WILSON. This is my quart and pint. I keep the King's Head, Chelsea .

Prisoner's Defence. I was going to get my child from school. I met a woman; she desired me to take care of them pots, and not to let any body see them. She said, the man was coming out to fetch the pots in himself; she did not want him to see them.

GUILTY , aged 38.

Transported for Seven Years .

Second Middlesex jury, before Mr. Recorder.  
William Pinnock, victim name in trial of RICHARD TRACEY, 2nd December 1818. ~~~ Theft > theft from a specified place ~~~ [Show/Hide]
76. RICHARD TRACEY was indicted for stealing, on the 10th of November , one watch, value 4 l., and one brooch, value 10 s., the property of William Pinnock , in the dwelling-house of the said William Pinnock and Samuel Maunder .

WILLIAM PINNOCK . I am a bookseller , in partnership with Samuel Maunder ; we live in the Strand . On the 10th of November I lost a watch and brooch, and on the 13th I found them at Mr. Dobree's. I know nothing of the prisoner.

SAMUEL MARKS . I live in Peter-street, Soho. On the 11th of November, about three o'clock, the prisoner called at my house with the watch and brooch, and asked if I would buy them - he wanted 2 l. 5 s. for them, together; I offered him 2 l. He went away, and returned in about five minutes, saying, he was going out of town, and I should have them for 2 l. I asked him if they were his own? he said they were. I also bought three live fowls of him - he said he would call for the money for the fowls next day, but he did not. On Friday I pledged the watch at Dobree's, for 30 s. On the 13th he came for the money for the fowls, and was taken.

Cross-examined by MR. ADOLPHUS. Q. What do you deal in - A. Clothes, and every thing in an honest way. I never bought watches before. He brought the fowls about an hour before he brought the watch.

Q. You had been in trouble about it - A. I was taken up for it. The pawnbrokers have known me nineteen years. I told the officer the prisoner was coming, and he took him.

JURY. Q. How long ago is it since you was tried for keeping a bad house - A. About a year.

JOHN BAGULEY . I am shopman to Mr. Dobree, Oxford-street. On the 13th of November, Marks pledged the watch with me. I have known him twelve years.

Cross-examined. Q. Had he pawned watches before with you - A. He has pledged his own.

(Property produced and sworn to.)

Prisoner's Defence. It is a conspiracy instituted by the Jew to clear himself. I went to his house to see a person, and I was taken.

NOT GUILTY .

First Middlesex Jury, before Mr. Recorder.
THOMAS PINNOCK in trial of ARCHIBALD DUNKIN, 13th January 1819. ~~~ Theft > Grand Larceny ~~~ [Show/Hide]
259. ARCHIBALD DUNKIN was indicted for stealing, on the 29th of December , one set of cart harness, value 30 s.. and one sack, value 3 s. , the property of William Lovett

WILLIAM LOVETT . I am a broker , and live in the Hackney-road . On the 29th of December, between four and five o'clock in the morning, I heard a noise, got up and went down stairs - found my stable door open, and the prisoner standing in one corner. My cart harness had been moved from where it hung, and put into a sack. I asked what he wanted there? he made no answer; I sent for the watchman, who took him. He must have got over a fence nine feet high. I had fastened the stable door. The horse's feet were tied.

THOMAS PINNOCK . I am a watchman. I was sent for, and took the prisoner in charge in the stable. I thought he was drunk at first - I afterwards thought he was insane.

(Property produced and sworn to.)

Prisoner's Defence. I found the stable-door open and went in. I tied the horse's feet that he might not kick me while I laid down.

ABRAHAM LEVY , I am a wholesale slopseller, and live in Nightingale-lane. The prisoner's father is a respectble merchant at Plymouth. I believe him to be insane.

NOT GUILTY .

Second Middlesex Jury, before Mr. Recorder.
WILLIAM PINNOCK in trial of WILLIAM ADAMS, 17th February 1819. ~~~ Theft > burglary ~~~ [Show/Hide]
326. WILLIAM ADAMS was indicted for burglariously breaking and entering the dwelling-house of William Lake , about seven o'clock at night of the 21st of January , and burglariously stealing therein, one flute, value 18 d.; two packs of cards, value 10 d., and one purse, value 1 d. , his property.

SARAH LAKE . I am the wife of William Lake, and keep a stationer's shop. On the 22d of January, in the morning, I missed these things out of the window, and found a pane of glass had been pushed in - I had put them there the morning before. The window had been broken before, and I put a piece of glass over the broken part, and fastened it with putty.

SAMUEL SLOWMAN. I am constable of Enfield. On the 26th of January, in the evening, Spinie was given into my custody - he gave me information, the prisoner was taken and brought to me. He said he pushed the glass in, and took the things out.

- MEAD. I am a constable. I apprehended the prisoner - he ran away immediately he saw me - I took him to Slowman. He said the cards were at home - he returned home and brought them down to me. He said he sold the flute to South for a pair of shoes, and gave the purse to a woman.

JOHN SOUTH . I bought the flute of the prisoner, and gave him a pair of shoes for it.

WILLIAM PINNOCK . I bought a pack of cards of the prisoner.

(Property produced and sworn to.)

Prisoner's Defence. I found them.

GUILTY Aged 16.

Of stealing only, but not of breaking and entering .

Confined Three Months .

Second Middlesex Jury, before Mr. Baron Graham .
THOMAS PINNOCK in trial of BENJAMIN CRISP, WILLIAM BRANCH, 27th October 1819. ~~~ Theft > grand larceny ~~~ [Show/Hide]
1516. BENJAMIN CRISP and WILLIAM BRANCH were indicted for stealing, on the 9th of October , 30 lbs. of lead, value 5 s.; one coat, value 1 s.; one brass cock, value 6 d., and one blanket, value 2 s. , the property of George Vanheson .

GEORGE VANHESON . I am a manufacturing chymist , and live in York-row, Hackney-road . On Friday evening, the 8th of October, I locked up the manufactory door myself, and left the lead hanging on a wooden rail; there is one part of the manufactory which I occasionally leave open to chrystalize saltpetre - in that part the lead hung. In the morning when I got up I found a lead light forced completely out of the window, leaving an aperture sufficiently large to admit a good sized boy; he could then unbolt the back door, and get to the wash-house, from where I lost a cane basket, and an old coat. On looking round I perceived a pane of glass broken directly under the fastening of the counting-house window, which was not so when I went to bed - it appeared they had endeavoured to undo the fastening, but the brass work was corroded, and they could not. On further examination, I found they had entered the cellar. I missed the brass cock of the cyder cask. I gave an alarm about the neighbourhood, and on Saturday found the prisoner in custody with the property.

THOMAS PINNOCK . I am a watchman. On Saturday morning, the 9th of October, between three and four o'clock, I was on a back wharf at the back of the prosecutor's premises, and saw the two prisoners running with a basket; I stopped them, and asked them what they had got? one said they did not know, for they found it on London Bridge, and were going to Haggerstone; the other said, No, we are going to Blackfriars-road. I took them both to the watch-house. One had hold of each handle of the basket; it contained the articles stated in the indictment.

CRISP'S Defence. He is trying to swear my life away.

CRISP - GUILTY. Aged 12.

BRANCH - GUILTY. Aged 10.

Judgment Respited .

First Middlesex Jury, before Mr. Recorder.
James Pinnock, juror name in Front matter from Proceedings, 12th January 1820. [S ~~~ how/Hide]
THE WHOLE PROCEEDINGS On the King's Commission of the Peace Oyer and Terminer, AND Gaol Delivery for the City of London, AND ALSO The Gaol Delivery For the County of Middlesex, HELD AT Justice Hall, in the Old Bailey; ON WEDNESDAY, 12th of JANUARY, 1820, and following Days;

Being the Second Session in the Mayoralty of THE RIGHT HON. GEORGE BRIDGES , LORD MAYOR OF THE CITY OF LONDON.

Taken in Short-Hand by H. BUCKLER, Basinghall Street, (BY AUTHORITY OF THE CORPORATION OF THE CITY OF LONDON.)

London:

PRINTED AND PUBLISHED, FOR H. BUCKLER, BY T. BOOTH, 31, St. Andrew's Hill, Doctors' Commons.

1820.

THE WHOLE PROCEEDINGS On the King's Commission of the Peace, OYER AND TERMINER, AND GAOL DELIVERY FOR THE CITY OF LONDON, AND COUNTY OF MIDDLESEX.

Before the Right Honourable GEORGE BRIDGES , Esq. LORD MAYOR of the City of London; Sir George Sowley Holroyd , Knt., one of the Justices of his Majesty's Court of King's Bench; Sir James Burrough , Knt., one of the Justices of his Majesty's Court of Common Pleas; Sir John Perring , Bart.; Sir Charles Flower , Bart.; Sir Claudius Stephen Hunter , Bart; George Scholey , Esq.; Christopher Smith , Esq., Aldermen of the said City; Sir John Silvester , Bart., D.C.L. Recorder of the said City; Sir Matthew Bloxam , Knt., Alderman of the said City, Newman Knowlys , Esq. Common Sergeant of the said City, his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of the Gaol Delivery of Newgate, holden for the said City and County of Middlesex.

London Jury.

Joseph Sparks ,

Thomas Collins ,

Joseph Todd ,

James Jones ,

John Donaldson ,

William Gilbert ,

William Cragil ,

Edward Rough ,

Henry Frederick Ehm ,

John Furze ,

Edward Edwards .

Philip Palmer .

First Middlesex Jury.

Joseph Mills ,

Nathaniel Jerwood ,

Charles M'Kenzie ,

John Holland ,

Thomas Harris ,

John Cartwright ,

Philip Gornell ,

Thomas Mantel ,

Thomas Acres ,

Thomas Stoco ,

James Nelson ,

William Erskine .

Second Middlesex Jury.

John Harris ,

James Wessunt ,

Edward Turner ,

George Monkhouse ,

James Hulm ,

Jeremiah Beach ,

James Pinnock ,

John Fellows ,

John Briggs ,

Andrew Tweedy ,

Benjamin Pipping ,

John Davis .

SESSIONS HOUSE, OLD BAILEY, JANUARY 12, 1820.

BRIDGES, MAYOR. SECOND SESSION.  
WILLIAM PINNOCK in trial of ROBERT GREW, CHARLES SMITH,  28th October 1820. ~~~ Theft > pocketpicking ~~~ [Show/Hide]
1312. ROBERT GREW and CHARLES SMITH were indicted for stealing, on the 9th of October , one watch, value 2 l.; two seals, value 5 s.; two keys, value 3 s., and one chain, value 1 d., the goods of John Morgan , from his person .

JOHN MORGAN . On the 9th of October, between eight and nine o'clock at night, I was in Union-street, Spitalfields , at the corner of Gun-street; two or three men came right before me, and appeared in a hurry to pass - I drew back for them. A crowd came up behind, they all hustled me, and snatched my watch from my fob. A person behind held my arms - the man who took it ran down Gun-street. I ran a few yards after them, and was knocked down or tripped up. I received a blow with a bludgeon on the back of my head, which deprived me of my senses. When I recovered myself Wells said he knew two or three of them, but I knew none of them myself.

JOHN WELLS . I am a shoemaker, am fifteen years old, and live in Artillery-passage. On the 9th of October I was playing about, and saw a gang of fifteen or twenty parading up and down Union-street - they stopped at the corner of Gun-street. Mr. Morgan was walking rather slowly; two or three of them came in front of him - I then saw them all run down Gun-street; he followed them, was knocked down, and received a severe blow on the back of his head. As they ran away I saw the watch in Grew's hand by the gas-light. They all ran away, calling out,

"A mad bull!" Smith was one of them. I saw him before it and after.

Cross-examined by MR. ANDREWS. Q. Do you know Connell - A. Yes, he was a great way behind me. I never told him the gentleman offered me 5 s. a day to find the thieves. Pinnock and Potts were in the street, but not near me.

THOMAS GARTON . On the 10th of October Morgan and Wells came to me; Wells said he knew three of them. At night I took him to some flash houses, and found upwards of thirty at the Cross Keys, public-house, in Wentworth-street - he pointed Grew out, I sent him to the watch-house, then went to Bell-lane, he pointed Smith out from among six or seven others. I took him.

SMITH'S Defence. I was at home at the time.

EDMUND CONNELL . I saw Wells in Gun-street. Pinnock and Potts were with us playing at hoop. A mob surrounded a gentleman; I did not see the prisoners among them. At the time Morgan was knocked down Wells was at the corner of Steward-street with me, fifty yards off; I could see as much as him. As he returned from Worship-street that night he said he was promised 50 l. for every one he should hang, and 5 s. a day for attending the Old Bailey. I said

"John, how could you swear to the two young men, when you was at the corner of Steward-street at the time?" He said,

"Oh you fool! I shall have 50 l. for every one I hang - I will pick out two, and say they were them that robbed the man." Pinnock reckoned up 5 s. a day, and made 3 l. 10 s. for fourteen days. He said,

"There is a fine speck!" Next day I met him with about twenty officers. I followed him through several streets, he then parted from them, and came to me and Pinnock. He called me aside, and said Morgan had promised him 2 s. 6 d. next morning. I met him on Saturday morning in Widegate-alley. He had seen Mr. Grew talking to me. He said,

"Well, Ned, what did they get out of you yesterday?" I said,

"John, they got nothing out of me but the truth. I hear you swore at Worship-street that you saw the men knock the gentleman down and rob him of his watch." He said,

"I said no such thing, nor could I." James Garnham stood by, I told him to mark those words.

COURT. Q. Did you hear Wells say he knew two or three of them before Morgan spoke to him - A. Wells went up, and said he knew two of them; Morgan had not spoken to him. He did not tell anybody he knew them before he told Morgan. I saw no gang. I do not know how the prisoner's friends found me out.

WILLIAM PINNOCK . My father is a shoemaker, and lives in Widegate-alley, Bishopsgate. I was with Connell the night the gentleman was robbed. Wells was with us - he was forty-five yards from Gun-street - it has been measured by Mr. Potts. It was impossible he could see to the end of Gun-street.

COURT. Q. Was Wells near you - A. No, he was at the corner of Steward-street. We went to Worship-street out of curiosity - Wells said he knew two of them, and as he returned he said,

"Ned, I shall have 5 s. a day, and 50 l. if they are hung." Connell said,

"You will have their curses as long as you live." Wells said,

"What is a thief's curse?" Next day I saw him call Connell aside and speak to him.

COURT. Q. When you saw him with the officers did you tell him he could not have seen it - No. I had seen the gang at the corner of Widegate-alley. I knew none of them.

DANIEL POTTS . I was with Connell, we had been playing at hoop. I heard

"Mad bull!" called from the end of Gun-street, nearly forty yards off - Wells could not have seen so far. I went home.

Q. Who brought you here to-day - A. Mr. Grew.

JOHN WELLS re-examined. All they have said is false. Connell said to me,

"That is right, Jack, get as many taken up as you can, you will have 5 s. a day." I saw it as plain as I see now.

JOHN MORGAN re-examined. When I recovered myself I heard Wells saying to some boys that he knew two or three of them, and I applied to him, not him to me.

NOT GUILTY .

First Middlesex Jury, before Mr. Recorder.
THOMAS PINNOCK in trial of WILLIAM SHADWICK,  6th June 1821. ~~~ Theft > grand larceny ~~~ [Show/Hide]
785. WILLIAM SHADWICK was indicted for stealing, on the 3d of June , one bullock's heart, value 1 s. 3 d.; three pound of potatoes, value 2 d., and a dish, value 4 d. , the goods of William Hawkins .

WILLIAM HAWKINS . I am a fishmonger ; I was at the Duke of Clarence, public-house, Hackney-road ; I had a bundle containing a bullock's heart, and three pounds of potatoes; I put it on the bench, the prisoner sat on the other side of the table; I turned my head, and missed it, and he was gone out; I went out and took him with it under his arm, two hundred yards off; I gave him in custody.

THOMAS PINNOCK . I am a watchman; I took the prisoner in charge.

(Dish produced and sworn to.)

Prisoner's Defence. I was told a man left his bundle behind, I said, I would go and take it to him.

WILLIAM HAWKINS . I was not out till I missed it.

GUILTY . Aged 23.

Whipped and Discharged .

First Middlesex Jury, before Mr. Common Sergeant.

 

Thomas Pinnock, victim name in trial of JOHN SMITH, 5th December 1821. ~~~ Theft > theft from a specified place ~~~ [Show/Hide]
145. JOHN SMITH was indicted for stealing on the 26th of October 500 lbs of lead, value 4 l. the goods of Thomas Pinnock and Thomas Howerth , and fixed to their dwelling house .

JONATHAN DOCKER . I am servant to Thomas Pinnock and Thomas Howerth . They have three houses in Dean-street, East Smithfield . I collect the rents as jointly due to them. On the 26th of October, I found the front and middle gutters of all three houses stripped of the lead, from four to six hundred weight was gone; it cost 15 l. to replace it. I found three pieces in the bottom room of the house; it was fresh cut. I got a warrant, and went with Miller to No. 1, Lemon street, Goodman's Fields, and there found seven or eight hundred weight of old lead in the back wash-house, among some straw, fresh cut; some pipe was among it; I lost no pipe. The edges of the lead we claim were bright, and cut into about a hundred pieces, and doubled up; two pieces of it corresponded with that left in the house. We could not find the prisoner till the Thursday following. The name B. Smith, is over his door.

Cross-examined by MR. ANDREWS. Q. Did you go to his house before Friday? - A. I did not. We took his shop-man in custody. The thieves had broken the street door open, and cut a hole in the ceiling.

GEORGE EDWARD ATKINSON . I am a plumber. I got the lead from Miller, and fitted it to the houses; I fitted five or six pieces; they were cut irregularly, and corresponded.

SAMUEL MILLER . I am an officer. I went to No. 1, Lemon-street, and found the lead. Atkinson fitted three pieces, which weighed about thirty pounds. I gave him three hundred weight.

THOMAS WENDSON . I am servant to the prisoner and Jackson; they live at No. 1, Lemon-street. The lead that was taken away, came on the 24th of October, about half-past eleven o'clock in the morning. It was brought in by Jackson's direction. The prisoner was absent at the time. It was bought of Mr. Mayers, of Wanstead, Essex: he came with it. The edges were fresh cut. I said nothing about it. We deal in old rags.

NOT GUILTY .

First Middlesex Jury, before Mr. Common Sergeant.
William Pinnock, juror name in Front matter from Proceedings, 23rd October 1822. ~~~ [Show/Hide]
THE WHOLE PROCEEDINGS On the King's Commission of the Peace, Oyer and Terminer, AND Gaol Delivery for the City of London, AND ALSO The Gaol Delivery For the County of Middlesex, HELD AT Justice Hall, in the Old Bailey; ON WEDNESDAY, 23d of OCTOBER, 1822, and following Days;

Being the Eighth Session in the Mayoralty of THE RIGHT HON. CHRISTOPHER MAGNAY , LORD MAYOR OF THE CITY OF LONDON.

Taken in Short-Hand by H. BUCKLER, (BY AUTHORITY OF THE CORPORATION OF THE CITY OF LONDON.)

London:

PRINTED FOR H. BUCKLER, By J. Booth, 31, St. Andrew's Hill, Doctors' Commons; and PUBLISHED BY T. KEYS, CITY LIBRARY, COLEMAN STREET .

1822.

THE WHOLE PROCEEDINGS On the King's Commission of the Peace, OYER AND TERMINER, AND GAOL DELIVERY FOR THE CITY OF LONDON, AND COUNTY OF MIDDLESEX.

Before the Right Honourable CHRISTOPHER MAGNAY , Esq., LORD MAYOR of the City of London; Sir John Bayley , Knt., one of the Justices of his Majesty's Court of King's Bench; Sir James Allan Park, Knt., one of the Justices of his Majesty's Court of Common Pleas; Sir Charles Flower , Bart.; George Scholey , Esq.; Samuel Birch , Esq.; John Atkins , Esq.; and Christopher Smith , Esq.; Aldermen of the said City; Newman Knowlys, Esq., Recorder of the said City; Robert Albion Cox , Esq.; and Robert Waithman , Esq.; Aldermen of the said City; and Thomas Denman , Esq., Common Sergeant of the said City; his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of the Gaol Delivery of Newgate, holden for the said City and County of Middlesex.

London Jury.

John Cath , Rodham Smith , William Veres , Thomas Gain , Thomas Atkinson , Stephen Crouch ,
James Carwell , Richard Sharp , William Bruce , James Bouper , Thomas Wocester , John Hobson

1st Middlesex Jury.
Charles Fletcher , Thompson Raine , Samuel Morton , George Reynolds , Charles Norton , John Bairn ,
William Catchpoole , John Dixon , James Smith , John Harrison , William Brazier , Joseph Heeney .

2nd Middlesex Jury.
William Pinnock , Robert Pedley ,Samuel Wood , William Sheppard , Zachariah Sweet , William Glendening ,
William Thomas Watson , Thomas Craddock , James Trotter , William Smith , George Harlow , Thomas Fabey .

SESSIONS HOUSE, OLD BAILEY, OCTOBER 23, 1822.

MAGNAY, MAYOR. EIGHTH SESSION.
THOMAS PINNOCK in trial of JOHN PURDY,  9th April 1823. ~~~ Theft > burglary ~~~ [Show/Hide]
624. JOHN PURDY was indicted for burglariously breaking and entering the dwelling-house of James Blogg , about eleven o'clock, on the night of the 22d of February , at St. Botolph without, Aldersgate, and burglariously stealing therein, three amethists set in gold, value 15 s.; and seven pieces of wrought gold, value 25 s.; the goods of George Blogg , and the said James Blogg .

GEORGE BLOGG . I am in partnership with James Blogg ; we occupy the same dwelling-house jointly, it is in the parish of St. Botolph without, Aldersgate. The house is up a court in Aldersgate-street . On Thursday night the 20th of February, I was at home, nobody else was in the house; I was sitting in the warehouse, and heard the house bell ring; it rang a second time; I did not go to the door; I then heard the lock of the door being tried; I went to the room above with a brace of pistols, I looked into the court, and saw two or three men come up at a time; this continued for about two hours, till about half past ten o'clock; there was a light in the court, and I could always observe them making to the door, but could not distinguish any particular person. Next night I went with my brother and two other friends into a house, the ack windows of which look on to my door; we placed ourselves at the back window of this house. and observed two persons go up at a time; five separate times, they rang the bell and knocked as before, and looked up at the house to see if any lights were moving. I kept my station till half past ten o'clock; there was nobody in the house to answer the bell; I saw a number of persons watching about. On the Saturday night I took the same station, to watch with two friends, and saw them come up in the same way; ring and knock, and about half past ten o'clock, two men came up with a ladder, placed it at the window, and one mounted half way up; then a boy came down the court which disturbed them; he came down the ladder, and they carried it away; two more returned in about ten minutes with the ladder, and placed it against the house, one of them went up, and lifted the window up and got in, and the other carried the ladder away; I kept my post, and in about five minutes a party of five arrived with the ladder, pitched it at the window; two of them, mounted it, when one of the gentlemen who were on the watch gave an alarm, and I went to the passage leading to the court to prevent their escape, and met two men coming out, I presented a pistol to one and my friend did the same to the other which stopped them, and in a few minutes some persons rushed in, and pushed us out of the court into the street, and on turning my arm, my pistol fired and the man got away; I was thrown down; we chased the party and came up with the prisoner; my brother took him; I came up within fifteen seconds, and found him in custody. I went into the house and missed three amethists set in gold, and some more work which was in progress; I went to the watch-house with the prisoner, he asked if I would swear he was in the house. I said No, for I have every reason to believe he was not, for I consider him one of the party who did not enter.

JAMES BLOGG . I am the last witness's brother, and joint owner of the house. On Saturday the 22d of February, I went to watch the house, and saw a man knock at the door twice; I think he also rang; a man came and stood and looked up the court at him and went away; after that I saw two men come up the passage, take a ladder from under it and place it against our window; a man went half way up it, a boy came running up the court; the man directly dropped from the ladder, placed it where they took it from and went off. In half an hour a man came up the court, looked up at the house and went away; two men came up, (apparently the same) and one got into the house with the ladder, the other put it back in its place, and after that five men came with the ladder again, three of them got on it; a signal was given for us to run out, they observed this and immediately began to descend, and at that moment, I went down to the street door, and through the court, and found a stoppage in the passage of some persons; my brother's pistol went off; one of them crossed the street, and ran towards Jewin-street, on the other side of the hackney coaches; I followed on the other side, and at the end of Jewin-street, a person caught hold of the prisoner by his coat; he was running and was with the others in the court; I saw him cross the street; the tail of his coat came off. I had not lost sight of him till then; I first saw him at the end of the court, with the party I am certain; it was not possible for any other persons to come into the court, so that he must be one of them.

Q. In what situation did you first see him - A. Among the others with the ladder; whether he was on it, or at the foot, I cannot say, but I am sure he is one of them; when he was caught his coat skirt gave way; I followed immediately, and caught him by the back of his coat and neckcloth, and took him without losing sight of him and have not the least doubt of his being one of the persons.

Prisoner. Q. You said at Guildhall you could not swear whether I was inside the court or not - A. My memory will not serve me to say what I said there. I will not swear that I did not say so; but I should think I did not say so. I said I saw him on the steps of the court, which are at the end of the court, quite away from our door. I had not seen him in the court, but on the steps at the end of the passage; but before that I saw him at the foot of the ladder. I saw him near my brother, on the step at the end of the passage - he appeared in contact with my brother, forcing himself from him. The man who got into the house made his escape through a trapdoor on the roof.

GEORGE BLOGG re-examined. I did not see him in the court, not to know him.

THOMAS PINNOCK . I am a lamplighter. I left my ladder in the court, on the night of the 22d of February.

MATTHEW BORROW . I live at Aylesbury. On the night of the 22d of February, I was passing the end of this passage, and heard a cry for assistance. I immediately ran across the street, and saw the prisoner, and several others, endeavouring to rush out of the passage. A gentleman, dressed in a white coat, was keeping them in the passage. I immediately rushed into the passage, and endeavoured to secure the prisoner - at the same time a pistol went off, and they all made a rush together. I slipped down the step, and left my hold of the prisoner - he ran towards Jewin-street. I followed, and saw him taken, and taken to the watch-house. I did not see him lose his coat tail. I had an opportunity of seeing him in the court, and kept my eye on him till he was taken. I did not lose sight of him when I fell - he is the man.

THOMAS HALMARACK . I am a linen draper, and live in Aldersgate Street. On the 22d of February, about a quarter before eleven o'clock, I was going by; as I passed the entrance of this passage, I saw a man rush from the entrance, and run across the street - I am sure the prisoner is the man; I never lost sight of him, but pursued him across the street some distance; and when about two yards from him, I saw him throw away a small parcel. I immediately seized him by the skirt of his coat, which gave way, and I have it here. I do not know what became of the parcel.

MR. SEPTIMUS READ . I am a surgeon, and live in Jewin-street. On the 22d of February, about eleven o'clock at night, I was at the end of Jewin-street, and crossing Aldersgate-street, I struck my foot against something,
and picked up a skeleton key. I then found a paper, with four other keys by it. It was in the road, in Aldersgate-street, six or eight yards from the corner of Jewin-street.

HALMARACK re-examined. We took the prisoners six or seven yards up Jewin-street. He threw the parcel away in Aldersgate-street, very near the coach stand, four or five yards from the corner.

WALTER WEST . I am apprenticed to Messrs BlOGG. On the 22d of February, between seven and eight o'clock at night, I left work - the workshop is part of the dwelling-house. I left three amethysts in my work drawer, which was not locked - they were safe when I left; and about ten o'clock next morning, I got through the loft door on the roof, and found two keys in the gutter, which I had left in the drawer with the amethysts.

THOMAS TURNER . I am a watchman. At half past eleven o'clock at night. I heard the cry of Stop thief! and saw persons run, and saw the prisoner stopped. I took him in charge. He said he had lost his hat, which was a new one, and cost 18 s. After taking him to the Compter, I went to fetch the ladder, and somebody gave me a new hat. I took it to Guildhall on Monday, and the prisoner claimed it.

WILLIAM BOND . I had the prisoner in custody, on the 22d of February. His coat was without a skirt. I have it, it matches with the skirt.

Prisoner's Defence. I had been to see my aunt, who was very bad; and as I came along, I saw a few people in the court, ran up, and a pistol was fired directly; a person tried to catch hold of me; I happened to run, they tore my coat, knocked my hat off, and accused me of this robbery.

GUILTY - DEATH . Aged 24.
Henry Pinnock, juror name in Front matter from Proceedings, 22nd October 1823. [Show/Hide]
THE WHOLE PROCEEDINGS On the King's Commission of the Peace, Oyer and Terminer, AND Gaol Delivery for the City of London, AND ALSO THE GAOL DELIVERY For the County of Middlesex, HELD AT Justice Hall, in the Old Bailey; ON WEDNESDAY, 22d of OCTOBER, 1823, and following Days;

BEING THE EIGHTH SESSION IN THE MAYORALTY OF THE RIGHT HON. WILLIAM HEYGATE , LORD MAYOR OF THE CITY OF LONDON.

Taken in Short-Hand by H. BUCKLER, (BY AUTHORITY OF THE CORPORATION OF THE CITY OF LONDON.)

London:

PRINTED FOR H. BUCKLER, By J. Booth, 31, St. Andrew's Hill, Doctors' Commons; and PUBLISHED BY T. KEYS, CITY LIBRARY, COLEMAN STREET.

1823.

THE WHOLE PROCEEDINGS On the King's Commission of the Peace, OYER AND TERMINER, AND GAOL DELIVERY FOR THE CITY OF LONDON, AND COUNTY OF MIDDLESEX.

Before the Right Honourable WILLIAM HEYGATE , Esq., LORD MAYOR of the City of London; Sir James Allan Park , Knt., one of Justices of his Majesty's Court of Common Pleas; Sir William Garrow , Knt., one of the Barons of his Majesty's Court of Exchequer; Sir James Shaw , Bart.; Sir Charles Flower , Bart.; George Scholey , Esq.; and John Atkins , Esq.; Aldermen of the said City.; Newman Knowlys , Esq., Recorder of the said City; Robert Albion Cox , Esq.; Robert Waithman , Esq.; John Crowder , Esq.; and John Key , Esq.; Aldermen of the said City; Thomas Denman , Esq., Common Sergeant of the said City; his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of the Gaol Delivery of Newgate, holden for the said City and County of Middlesex.

London Jury.

John Howard , William Greve , William Holt , Tobias Mitchell , John Fletcher , William Moore , John Eddles ,
John Cooke , Jun. Joseph Hanwell , William White , William Turner , Richard Cleobury .

1st Middlesex Jury.
Thomas Leonard , Edward Gower , Thomas Mason , Thomas Adams , John Cooper , John Parker , George Farr , Robert Hance ,
Charles Frederick Woolcott, Evan Davis , William Dover , William Mead .

2nd Middlesex Jury.
John Weale , Robert Grimwood , Benjamin Bishop , Henry Pinnock , Henry Pettifer , John Mullins , Stephen Knight ,
Samuel Harman , William Moore , Henry Pickford , Thomas Wells , Robert Vizer .
 
SESSIONS HOUSE, OLD BAILEY, OCTOBER 22, 1823.

HEYGATE, MAYOR. EIGHTH SESSION.
John Pinnock, victim name in trial of SARAH WILLIAMS, 22nd October 1823. ~~~ Theft > pocketpicking ~~~ [Show/Hide]
1439. SARAH WILLIAMS was indicted for stealing, on the 17th of September , a handkerchief, value 1 s.; a half handkerchief, value 6 d.; a purse, value 6 d.; a crown piece, two shillings, and a sixpence, the property of John Pinnock , from his person .

JOHN PINNOCK . I am a soldier . On the 17th of September, I went into a public-house at Chelsea , and had a pot of beer; I put my hat down by my side, with these handkerchiefs in it. The prisoner came and asked me for some beer - I gave her some; she sat down by my hat. I saw her take the handkerchiefs out of it; I endeavonred to get them from her - she struggled, and said she would take care of them, and I should have them, so I went on drinking, and thought no more of them. I went to another house, and she followed me - Davis was in my company; I went up into his room, in Jew's-row, and she followed. I sent for half a gallon of beer, which we drank; they wanted me to send for more beer - I refused. I engaged a bed for myself, and paid 1 s. for it; she offered to stop with me, and put my breeches under the pillow. She got into bed in her clothes. I had a 5 s. piece, and 2 s. 6 d. in my purse. I fell asleep the moment I got into bed, and awoke at eleven o'clock, found her gone, and I missed my purse from my pocket. I found her that night, near Jew's-row, with one handkerchief tied round her head, and the other round her neck. She denied robbing me. I gave charge of her - she then said she had had the money, and would give it up if she was allowed. The watchman found 1 s. 1 d. on her.

THOMAS SIMONS . I am a watchman. I found a purse in her bosom, with 1 s. 1 d. in it. She swore, and said she had spent the rest.

(Purse and Handkerchiefs produced and sworn to.)

Prisoner's Defence. He was very drunk when I met him; he gave me the handkerchiefs to take care of for him. I asked him for 4 s. - he said he had no change; I went with Davis's daughter to get change. I saw a man in distress in the street, and went to take care of him, and told the watchman I had left a drunken man in bed.

GUILTY . Aged 30.

Confined Two Months .
THOMAS PINNOCK in trial of MARY ANN COOK, 30th June 1825. ~~~ Theft > housebreaking ~~~ [Show/Hide]
Before Mr. Baron Garrow.

1177. MARY ANN COOK was indicted for feloniously breaking and entering the dwelling-house of Richard Snugg, about six o'clock in the afternoon of the 21st of June , at St. Matthew, Bethnal-green, (Hannah, his wife, therein being,) and stealing therein a counterpane, value 10 s.; two blankets, value 10 s.; two aprons, value 1 s., and a yard of calico, value 4 d. , the goods of Sarah Dundon , widow .

SARAH DUNDON. I am a widow, and lodge in a second floor back room, at Richard Snugg's; the prisoner lived on the same floor with a young man, as her husband. On the 21st of June I turned up my bedstead, and went out about noon; the blankets and counterpane were then in the bedstead; I think I locked the door. I returned in a quarter of an hour, and found it was not locked, but I was not sure that I had left it locked. I went out again about six o'clock - I am sure I locked it then, and took the key; I had missed nothing then. On coming home at nine I found the door unlocked, but shut, and about eleven I was going to bed, but on turning the bedstead down I missed a counterpane and two blankets; the prisoner was not at home: I saw her at one o'clock next day but one, in custody of a watchman. I cannot say whether Mrs. Snugg was out or in when I went out; she was at home at nine o'clock, and is seldom out. The street door is always kept shut. I have a key to let myself in.

GEORGE CLAMP . I am a pawnbroker, and live in Bishopsgate-street. On the 21st of June, about half-past eight o'clock at night, the prisoner pawned this counterpane, in the name of Mary Ann Wood, for 5 s. - it is worth 8 s.

(Counterpane produced and sworn to.)

ANN KIRK . I lodge at Snugg's. I saw the prisoner come down into the yard about quarter past seven o'clock on this evening; she went up stairs, and came down about half-past seven, with a large bundle under her left arm, and went out in great haste. Next morning I heard of this robbery, and did not see her again till the watchman brought her back. Mrs. Hannah Snugg was at home all day, and was undressing her children when the prisoner went out.

THOMAS PINNOCK . I am a watchman. I was desired to look out for the prisoner on Tuesday night, and on Thursday morning she and a young man came down the road - I stopped them. I know that this house is in the parish of St. Matthew, Bethnal-green.

Two witnesses gave the prisoner a good character.

GUILTY - DEATH . Aged 20.

Recommended to Mercy by the Prosecutrix .
THOMAS PINNOCK in trial of ROBERT SAVAGE, JOSEPH BINFIELD, CHARLES WILSON, 11th May 1826. ~~~ Theft > burglary ~~~ [Show/Hide]
930. ROBERT SAVAGE , JOSEPH BINFIELD , and CHARLES WILSON , were indicted for burglariously breaking and entering the dwelling-house of Robert Bigg about one o'clock in the night of the 23d of April , in the parish of St. Mary, Islington , with intent to steal, and stealing 1 work-box, value 9s.; 1 cruet stand, value 30s.; 1 telescope, value 30s.; 1 snuff box, value 2s.; 2 tooth-pick cases, value 1l.; 1 tea caddy spoon, value 1s.; 1 spoon, value 2s.; 1 coat, value 5s.; 1 handkerchief, value 6d.; 1 hat, value 2s.; 1 pair of gloves, value 6d.; 1 knife, value ls.; 1 lamp, value 6d., and 1 jacket, value 2s., his property .

MARIA GOODWIN . I am servant to Mr. Bigg, who lives at No. 10, Annett's-crescent, Lower-road , in the parish of St. Mary, Islington. On this night three weeks I fastened the back kitchen doors and shutters with a bar across them between seven and eight o'clock - the door had two bolts - the front kitchen door was locked, for I tried it; I and my fellow-servant Holland went to bed about twelve o'clock; we were the last persons up - we slept in the front kitchen - every thing was fast; I got up at a quarter to five o'clock in the morning - it was day-light; I was the first person up; I found the back kitchen door wide open, and the window, which looks into the garden, open - there was a hole cut through the shutter - the casement was thrown up; I found the bar of the back kitchen shutter left in the garden close by the window, laying down under it; a hole was cut in the shutter with a centre bit, large enough for a man's hand to be put in, and close under the bar - a man could then unfasten the bar; there were footsteps under the window - they were the footsteps of more than one man; they were different sizes and quite fresh done, and there were marks where they had got over the wall.

Cross-examined by Mr. BRODRICK. Q. You could not tell that it was done with a centre bit? A. No.

JANE HOLLAND . I am servant to Mr. Bigg - Goodwin and I went to bed together - we were the last persons up - we examined the fastenings and they were all right - we went to bed about twelve o'clock - it was light when I got up; I found the back kitchen door and the window shutters wide open; there was a square hole in the shutter large enough to admit a man's arm.

ROBERT BIGG. My house is in the parish of St. Mary, Islington. I have lived there about seven months. On the 23d of April I was called up a little before five o'clock - Mrs. Bigg went down with me - I found the back kitchen shutter had been bored through by some instrument; I should think a centre bit - it was rather a square hole, and large enough for a person's arm to go through - I had left on a stool in the parlour, a pocket book containing three 5l. and one 10l. Bank notes; that was gone; also a telescope, a work box, a cruet stand with seven bottles, silver mounted, a coat, a pair of gloves, a handkerchief, and two gold tooth-pick cases; the coat was on the bannisters.

Cross-examined. Q. Did you miss these things yourself? A. Yes; I think I saw the tooth-pick cases there the day before.

ELIZABETH CRANCHIANA BIGG . I went down stairs with my husband on this morning; when I went into the parlour I missed my work-box, a cruet stand, telescope, snuff box, two gold mounted tooth-pick cases, a salt spoon, and a caddy spoon; I missed a lamp three or four days afterwards - we had not used it for some weeks - it stood on the back kitchen mantle shelf - I must have seen it the day before the robbery, or the day before that; I did not miss it till I was asked if it was gone - a coat was stolen from the passage.

Cross-examined. Q. You have no recollection of seeing the lamp the day before? A. I am sure it was there a day or two before - it had been fresh trimmed and there was the mark of the oil on the shelf.

MARIA GOODWIN. I saw the lamp on the back kitchen shelf the day before the robbery, but did not miss it till I was asked about it.

JAMES HANLEY . I am an officer of Worship-street. On Sunday morning, the 23d of April, I and an officer went to the prosecutor's house, and examined it about twelve o'clock - I found marks of footsteps in the garden - the back kitchen window had been lifted up, and the inside shutter bored with a centre bit, and the piece taken out; I found this piece of wood on the window cill - it fitted the hole in the shutter - the door leading from the back to the front kitchen had been forced, and there were marks of the crow bar on the side of the door; I went up stairs, and in the parlour found two cupboards forced open, and marks of a crow bar on both of them; the inner lock of a very handsome writing desk had been forced; on the Friday following, the 28th of April, I went with other officers to the Blue Boar tap, Aldgate; the prisoners Binfield and Savage were sitting there in a box together, smoking their pipes - (Wilson had been previously apprehended); Armstrong and Van immediately stepped up to Savage - both prisoners dropped their pipes, and Binfield, who sat on the right of the box, stood up and put his hand into his pocket; I immediately stepped into the box on the opposite side to him, and seized his right arm just below the elbow, as he drew his hand out of his pocket, and in about half a minute something dropped out of his hand; I afterwards found it was this pistol, loaded with powder and ball and primed (producing it); I have taken the priming and flint out; I proceeded to search him and took a screw driver from his pocket - he seemed very uneasy; I held him while Attfield searched him further - I saw him take from his pocket a powder-born, containing powder some bullets, a bullet mould, a phosphoros box and matches, with some other articles, a small knife, and a tooth-pick case; we secured them both; one of the officers pistols went off.

Cross-examined. Q. How long after you took hold of his arm did you find the pistol? A. After the search had been made, but I heard it drop; I looked under the table and found it, perhaps four minutes after - it had a stop lock - he had not time to cock it - he made no attempt to seize it when it dropped.

JOSHUA ARMSTRONG . I went with Hanley, Attfield, Gleed, and Van, to the Blue Boar, public-house, and on entering the room saw Savage and Binfield sitting in the first box smoking - I laid hold of Savage, he stood up, and in his left-hand pocket I found a lantern and a small pistol, which I took from him, and took him to the office - Gleed afterwards searched him.

Cross-examined. Q. Did not they surrender quietly? A. They made no resistance.

WILLIAM ATTFIELD . I was with Armstrong and Hanley at the Blue Boar tap; I searched Binfield, and found on him a snuff-box, a little tooth-pick case and small knife, a phosphorus-box and matches, a powder-flask with powder and ball, a bullet-mould and pistol-case - I also found on him a letter dated New-prison, Clerkenwell, some duplicates in a small card-case, one was for a coat pawned at Cording's, for 6s. on the 28th of April.

Cross-examined. Q. You took him on the 28th of April? A. Yes.

BARNARD GLEED . I went with the witnesses to the Blue Boar tap, when the prisoners were apprehended - after they were taken to the watch-house, I searched Savage, and found four bullets, a pistol-key, and a piece of lead. On the 25th of April I went to a cottage in Novascotia-gardens, and under the roof of the house found this lamp - and under the same roof the stock of a centre bit, and in the cottage I found a stock and centre bit - there was nobody in the house - it joins my garden; I have seen Binfield in the garden of that house ten or twenty times, and spoken to him - I have seen Savage there twice; I believe Binfield lived in that collage; I only go into my garden of a morning.

Cross-examined. Q. When did you see him there last? A. I think it was four or five weeks ago.

WILLIAM PARKER . I live in Thrall-street, Spitalfields, and am a watchman of Shoreditch. On Sunday morning, the 23d of April, about twenty minutes or a quarter to five o'clock, I was on duty in Hackney-road, it was broad day-light - I saw three persons coming out of Union-street into Hackney-road - it was the three prisoners - I noticed them; I particularly noticed Binfield, as having a shooting jacket on, made of the skin of some animal, and am surehe was one of them - the other two prisoners were with him - I am sure they are the three prisoners; just as they got rather past me, two of my brother watchmen turned out of Union-street, and beckoned me to stop them - I went back towards them, all three turned round with their faces towards me - I then noticed Savage having on a dark brown coat; I went up to Wilson, who had a parcel under his arm - he turned round and ran away - I threw my stick at him - he instantly dropped the parcel, containing this work-box - I picked it up directly; he ran towards Shoreditch, and the other two down Cooper's gardens, and all got away in different directions - I did not know them before; I saw Wilson at the office on the Thursday following; I am positive they are the three men; when I went back to them I had a full observation of them.

Cross-examined. Q. This was in Hackney-road? A.Yes; I always said it was broad day-light when I met them, but said I could not tell when it got light; I do not know where the prosecutor's house is; I had them in my sight four minutes perhaps, it was not five minutes; I was close enough to Wilson to put my hand on him - I had to go close to the houses to let the three pass me; I first saw them ten or twelve yards off, but could not observe their dress so plain then as when they came close to me; I saw Wilson in custody on this charge on the Thursday following, going up to the bar - he had his hat on, and so he had on this morning; I saw the others in custody on the Saturday following - I swore positively to them then, and said what their dress was - they changed their dress every day they were examined - Wilson appeared to wear the same dress on the Thursday, but I could not swear that it was.

COURT. Q. How was Wilson dressed when you saw them come from Union-street? A. He had white stockings, light corded breeches, and a blue-coat; Binfield had a light-coloured shooting-jacket, and a waistcoat made of the skin of some animal; Savage had a dark brown long coat; I gave the work-box to Page.

- PAGE . I am a headborough of Shoreditch. On the 23d of April, about five o'clock in the morning, Parker brought this work-box to the watch-houses, wrapped in a handkerchief - I have had it ever since.

WILLIAM JACKSON . I am a stick-maker. On Sunday, the 23d of April. about a quarter to five o'clock in the morning, I was at the end of Union-street, Hackney-road, going a sparrow-shooting, with a friend, and saw three men turning out of Union-street into Hackney-road - it was broad day-light - I did not know them before; I noticed them, and know the three prisoners are the men - I am quite sure of them; I pursued them after they ran away; I had observed two of their faces in following them - because Savage and Binfield turned round and faced me as I pursued - and Wilson had a yellow handkerchief with something in it, with a yellow bright foot coming through it - he wore a blue-coat, corded breeches, and white stockings; I have no doubt whatever of them; I ran after them because the watchman sprang his rattle; I was stopped by the inspector - ran round another way, and met Savage and Binfield; I saw Binfield give Savage a stock and bit, which he threw over the wall in Loggerhead-lane - I was quite close to them, but they got away; Binfield had a small bundle in a silk handkerchief - I do not know what became of that; I pursued them to Friar's-mount, when both Savage and Binfield turned round and faced me - they presented their pistols at me - I had a pistol in my pocket loaded with bird-shot, and presented it at them, and they presented their's at me; their pistols were short, with bright barrels like those produced; they made towards me, and I ran away, and saw no more of them; I did not face them above a minute - I did not see their faces before - I was agitated, but still am quite certain of them; I went back into Loggerhead-lane, informed the inspector, who got over the wall, and brought the stock and bit from where I pointed out, and gave them to Morton - Binfield were a shooting-jacket and light trousers to correspond - I did not notice his waistcoat; I saw Wilson in custody on Wednesday evening, it was just dark, and at that time I did not knew him; I saw him again on Thursday at the bar, and knew him; I saw Savage in a public-house next to the office, and knew him directly, and Binfield, when I saw him; I am sure they are the men who presented the pistols at me.

Cross-examined. Q. Have you had any conversation with Parker, the watchman, about this? A. No; he pursued the men as well as me, and must know that I pursued them; we have not talked about whether I should know the men.

Q. Your only opportunity of seeing two of them was when they presented a pistol? A. Yes; I did not run away directly, for I faced them, and pulled my pistol out to them - it might not be so long as a minute - I saw Wilson's face, because he turned round to me, but I did not see him drop the box - that was the only opportunity I had of seeing him.

Q. Were you not sent into the lock-up-place, where there were several persons, to pick them out? A. I stood at the door, looked at the prisoners for a very short time, and said, "No, there is none of them there;" there were only four in custody - it was just before seven o'clock in the evening, and not quite light; I knew him next morning.

THOMAS PINNOCK . I am a watchman. I was on duty in Hackney-road on this Sunday morning, the 23d of April, about a quarter or twenty minutes before five o'clock - it was light. I heard a whistling and tuning in Union-street - I went towards the street, and saw three or four persons coming towards Hackney-road, together, one after the other, walking. I saw Binfield among them - I have known him two or three years - he once lodged near my beat; I am sure he was one - he had a lightish coloured dress on. Wilson was one of the others; he was walking fast; I did not know him before - he had something red under his left arm, in the shape of a box; he walked very quick towards Shoreditch; I walked quickly after him, on the other side of the road, and when he came up to Parker he gave a spring off the pavement, and looked round, then began to run; I ran after him, and tried to hit him with a stick, but could not reach him - a stick came very quick past me, and he dropped the box - Parker picked it up; he wore a blue coat, light small-clothes, and white stockings. I cannot speak to Savage. I am sure Wilson is the man who dropped the box; he was nearly within reach of me at the time.

Cross-examined. Q. Was that all the opportunity you had of seeing his face? A. I could see his face when he was on the other side of the road; when he was before me he looked over his left shoulder towards me. I have not talked this over with Parker or Jackson particularly; I said I knew Joe - I do not know that I described him; if we had any conversation it was very trifling; we mentioned their dress before they were taken, but not after.

JOHN STOCKWELL . I am watchman at the corner of Union-street, Kingsland-road. On Sunday, the 23d of April, about twenty minutes or a quarter to five o'clock (it was broad day light), I saw the three prisoners turn out of Kingsland-road into Union-street; I knew them all three before; I have known Binfield twelve or eighteen months; I knew the others by sight; I knew Savage by name for three months, and knew Wilson by his driving a sand cart - I had only known him a week or two; I am sure of them all three; they were in company together;
they passed me on the other side of the way. Wilson had a red handkerchief under his left arm, and wore a blue coat, white stockings, and light corded breeches. Binfield had a shooting jacket on, and a pair of trousers. I saw Binfield look into my box - he went on to the Union public-house, and danced on the shutter of the cellar; I then began to follow them, and called out twice, "Joe, stop;" they did not stop, but pushed away quicker, and turned into Hackney-road, and by Cooper's-gardens they divided; Wilson and Binfield ran down Cooper's-gardens - I saw no more of them. I got over a wall in Loggerhead-lane; a man came out of a house there undressed - I saw him pick up a stock and center-bit some distance from the wall, as if it had been thrown over - he gave it to me, and I gave it to Morton.

Cross-examined. Q. Were you directed to look for the prisoners in the lock-up-room? A. I was not there. I never said I should not know Wilson; I had a good opportunity of seeing them; there was a bill up close to the office offering 40l. reward in this case - I have talked to several people about it before the prisoners were in custody. I never told Armstrong I could not speak to Wilson.

WILLIAM MORTON . I am inspector of the watch. I was coming down Kingsland-road, between four and five o'clock in the morning, and received from Stockwell a center-bit and stock, which I have had ever since.

JOHN DELBRIDGE . I am shopman to Mr. Cording, a pawnbroker, of Aldgate High-street. I have a coat, which Binfield pawned with me, for 6s., on the 28th of April, in the name of Tugall; I gave him one of the duplicates produced. I did not know him before, but am certain he is the man - he was about five minutes in the shop. I took particular notice of him; I picked him out at the office, from about thirty persons.

Cross-examined. Q. What time was it? A. Between five and eight o'clock. When I saw him among thirty persons I said I believed he was the man, to the best of my recollection, but I immediately recognized him, and was positive - it was nearer eight o'clock than five - it might be rather dusk - I think the gas was lighted.

Mr. BIGG. This is my coat.

WILLIAM HOOPER . I am a pawnbroker, and live at Dock-head. I was present when a coat was pawned, for 10s., by a man, whom I do not know, but to whom I gave the other duplicate produced; the coat was wrapped in a handkerchief, which the prosecutor claims.

Mr. BIGG. This handkerchief is mine.

THOMAS VANN . I held Savage while Armstrong took the pistols and things from him.

JAMES BOWEN . I am landlord of the cottage in Novascotia-gardens, Crabtree-row, Hackney-road - Gleed's premises join the cottage. I let it to Savage, by the name of H. Hall; I did not know him before, and did not know his name was Savage; he gave me no name, but I found it was Hall. I let him the cottage fourteen or fifteen weeks ago, at 3s. a week; Binfield used to come there to see Savage's wife; I only live twenty yards off, and frequently saw him there - I have seen Binfield come out of the cottage in his shirt sleeves, about eight or nine o'clock in the morning. I never saw Wilson there.

Cross-examined. Q. How lately before the 28th of April did you see Binfield there? A. I can safely say I saw him there a month before.

WILLIAM EDWARD WYNN . I am a dyer, and live at No. 2, Loggerhead-lane. Last Sunday fortnight, about five o'clock in the morning, I heard a cry of Stop thief! I opened my door, and saw Stockwell getting over my wall - I went out, and picked up this stock and center-bit, which I knew nothing of, and handed it to him.

LYDIA BLAZE . I am Bowen's daughter. I used to receive the rent of this cottage - I know Binfield and Savage by seeing them both there, early and late - I considered that they both lived there; they used to bring the rent to my mother once a month, but I saw them there constantly every day; two women lived there, who were called Mrs. Savage and Mrs. Binfield.

Cross-examined. Q. How lately before the 28th of April will you venture to swear you saw Binfield there? A. About a month.

Mr. BIGG. This coat is mine - it was left on the bannister. The handkerchief is mine; I believe the snuff-box to be mine - I have no doubt of the tooth-pick case and knife; the coat is worth 1l., the cruets 31s. 6d., my hat 7s. or 8s. - the property is worth above 40s., and my pocketbook contained Bank notes and unaccepted bills.

Cross-examined. Q. Have you any mark on the coat? A. Yes, and my name is engraved on the tooth-pick case.

MRS. BIGG. I know the work-box and tooth-pick case.

MARIA GOODWIN. I cannot swear to the lamp.

JAMES HANLEY . I tried the center-bit found in the garden to the shutters - it completely corresponds.

Cross-examined. Q. Are not center-bits made to sizes? A. Yes - a thousand might fit the mark.

MR. BRODRICK to JOSHUA ARMSTRONG. Q. You shewed some prisoners to Stockwell in the lock-up-room? A. Yes; it was on Wednesday - Wilson was there; he said there were none of the men; there was plenty of light for him to see; and before that we were out with him, looking for the prisoners, till one o'clock in the morning, and then he said it was of no use waiting any longer, for he should know none of them.

WILSON'S Defence. I know nothing of the crime. I was at St. Paul's, Deptford, on the Sunday morning, when this happened.

SAVAGE - GUILTY - DEATH . Aged 21.

BINFIELD - GUILTY - DEATH . Aged 22.

Of stealing in the dwelling-house, but not of burglariously breaking and entering.

WILSON - NOT GUILTY .
THOMAS PINNOCK in trial of RICHARD MANSFIELD, 22nd June 1826. ~~~ Theft > burglary ~~~ [Show/Hide]
Before Mr. Justice Burrough.

1115. RICHARD MANSFIELD was indicted for burglariously breaking and entering the dwelling-house of Thomas Miller , about one o'clock in the night of the 17th of May , at St. Matthew, Bethnal-green, with intent to steal, and stealing therein 3 coats, value 1l. 5s.; 10 waistcoats, value 10s.; 1 quilt, value 5s.; 1 stocking, value 1d.; 1 pillow-tick, value 3d.; 1 pillow-case, value 3d.; 1 gown-skirt, value 1s.; 1 shirt, value 1s.; 1 petticoat, value 1s.; 1 boy's dress, value 6s.; 2 gowns, value 9s.; 1 apron, value 3d., and 1 handkerchief, value 6d. , his property.

THOMAS MILLER. I rent a house in Stepney-rents, in the parish of St. Matthew, Bethnal-green . On the 17th of May, about a quarter before one o'clock in the night, I was in the house adjoining - Grimes alarmed me - I went to my own house, and found him with the prisoner in custody, and found a bundle of my clothes on the ground in the street, close by him; I put them inside the house, and gave the prisoner in charge. I found my house all in disorder; the thieves had broken in at the back yard door; my shop-shelves were empty; the bundle contained three coats, ten waistcoats, a quilt, a stocking, a pillow-tick and case, a gown skirt, a shirt, a petticoat, a boy's dress, two gowns, an apron, and a handkerchief, all of which have my shop-mark upon them. I am a salesman. I delivered them to Pinnock.

WILLIAM GRIMES . On the 17th of May, between twelve and one o'clock at night, I was standing in a court leading from Cooper's-gardens, and saw the prisoner taking a bundle of clothes over Mr. Miller's paling, out of his yard - I secured him with them, and gave him to the watchman; he threw the bundle down - Miller took it up.

SAMUEL SWEENEY . I am servant to Mr. Miller. On the 17th of May I was next door - I had fastened the house up; I bolted the back door both top and bottom; when the alarm was given I found it broken open, and they had forced a button off the cellar door. I went into the shop, and found the goods moved; the back door was opened from within; they had entered at the cellar; an inner door was forced, which I had fastened; we were in the next house, as master was married that day, but he had not left this house.

THOMAS PINNOCK . I am a watchman. About a quarter to one o'clock on this night Grimes gave the prisoner into my charge.

THOMAS BOON . I am a watchman, and received the bundle from Mr. Miller. I gave it to Thomas.

WILLIAM THOMAS . I produce them.

THOMAS MILLER . They have my shop-mark on them, and are mine.

Prisoner's Defence. I was coming home when Grimes collared me; I had just left a public-house.

GUILTY - DEATH . Aged 21.  
James Pinnock, juror name in Front matter from Proceedings, 29th May 1828. ~~~ [Show/Hide]
SESSIONS' PAPER.

THE RIGHT HONOURABLE MATTHIAS PRIME LUCAS, MAYOR.

FIFTH SESSION, HELD AT JUSTICE HALL, IN THE OLD BAILEY, ON THURSDAY, THE 29th DAY OF MAY, 1828, AND FOLLOWING DAYS.

TAKEN IN SHORT-HAND,(BY AUTHORITY OF THE CORPORATION OF THE CITY OF LONDON) By H. HUCKLER:

London: PRINTED BY HENRY STOKES, No. 74, CORNHILL; AND PUBLISHED BY G. HEBERT, AT HIS LIBRARY, No. 88, CHEAPSIDE.

1828.

THE WHOLE PROCEEDINGS On the King's Commission of the Peace, OYER AND TERMINER, AND GAOL DELIVERY, FOR THE CITY OF LONDON, AND GAOL DELIVERY FOR THE COUNTY OF MIDDLESEX.

Before the Right Honourable MATTHIAS PRIME LUCAS , LORD MAYOR of the City of London; Sir William Draper Best , Knt., Lord Chief Justice of his Majesty's Court of Common Pleas; Sir George Sowley Holroyd , Knt., one of the Justices of his Majesty's Court of King's Bench; Sir Joseph Littledale , Knt., one of the Justices of his Majesty's Court of King's Bench; Sir John Hullock , Knt., one of the Barons of his Majesty's Court of Exchequer; Sir James Shaw , Bart.; John Ansley , Esq.; Sir Claudius Stephen Hunter , Bart.; Matthew Wood , Esq.; Christopher Smith , Esq.; Robert Waithman , Esq.; and Anthony Brown , Esq., Aldermen of the said City; Newman Knowlys , Esq., Recorder of the said City; William Thompson , Esq.; John Key , Esq.; and Sir Peter Laurie , Knt.; Aldermen of the said City; Thomas Denman , Esq., Common Sergeant of the said City; and William St. Julien Arabin , Sergeant at Law; his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of the Gaol Delivery of Newgate, holden for the said City and the County of Middlesex.

LONDON JURIES.

First


Daniel Elgar Spinks John Eyre , Fred. S. Hopkins , Wm. Thos. Huggins , Richard Lamb , William H. Sinclair , George Kent ,
Henry Wollet , Thomas W. Smales , Pickard Arnold , William C. Buss , James Simms .

Second

Thomas Whitfield , John Timothy Oxley Thomas Briggs , Henry Patten , James Modlin , John Cantis , Joseph Rob. Baylis ,
John Spooner , George Hodgkinson William Robertson , Edward Jenkins , Thomas Jones .

MIDDLESEX JURIES.

First


John Moore , Samuel May , William Mills , Henry Morgan , Beaumont Marshall , Samuel Pope ,
Gilbert Mc. Cabe , Thomas Mason , Frederick Morris , William Moon , William Mead , Charles Newbery .

Second

James Nutting , Joshua Nunn , Henry Oak , Joseph Phole , Henry Ridley , Edward Rolls , Henry Payne ,
Henry Pettifer , Henry Perring , Robert Moliner Pite , Richard Oldfield , John L. Marchant .

Third
John W. Nettlefold . George Phelps , John Mc. Lean , John Manning , Ashur Prior , Thomas Peck ,
Fred. W. Pinkerton , Isaac Page , Noah Marshal , John Relf , Joseph Oates , William Pelham .

Fourth
Noah Mann , William Martin , Edward Mason , Liana Mesure , Thomas Mason , Francis Marshall ,
William Moore , John Maddle , William Mortimer , Charles Mordent , Robert Nelmes , Abraham Nash .

Fifth
Richard Owen , Richard Pitt , Samuel A. Pearce , John Parker . John Ottam , Henry Porter
John Procter , James Pinnock , Francis Roxburgh , Duncan Rymer , Samuel Rudduck , Thomas Robinson .

SESSIONS HOUSE, OLD BAILEY, MAY 29, 1828.

LUCAS, MAYOR. - FIFTH SESSION.
Thomas Pinnock, juror name in Front matter from Proceedings, 29th November 1832. ~~~ [Show/Hide]
SESSIONS' PAPER.

THE RIGHT HONOURABLE SIR PETER LAURIE , KNT., MAYOR.

FIRST SESSION, HELD AT JUSTICE HALL, IN THE OLD BAILEY, ON THURSDAY, THE 29th DAY OF NOVEMBER, 1832, AND FOLLOWING DAYS.

TAKEN IN SHORT-HAND,(BY AUTHORITY OF THE CORPORATION OF THE CITY OF LONDON) BY H. BUCKLER.

London: PRINTED FOR H. BUCKLER, BY GEORGE TITTERTON , No. 74, CORNHILL; AND PUBLISHED AT G. HEBERT'S LIBRARY, No. 88, CHEAPSIDE.

1832.

THE WHOLE PROCEEDINGS On the King's Commission of the Peace, OYER AND TERMINER, AND GAOL DELIVERY FOR THE CITY OF LONDON, AND GAOL DELIVERY FOR THE COUNTY OF MIDDLESEX.

Before the Right Honourable SIR PETER LAURIE , KNT., LORD MAYOR of the City of London; Sir William Bolland , Knt., one of the Barons of His Majesty's Court of Exchequer; Sir John Bernard Bosanquet , Knt., one of the Justices of His Majesty's Court of Common Pleas; John Ansley , Esq.; Christopher Smith , Esq.; Robert Waithman , Esq.; and Matthias Prime Lucas , Esq., Aldermen of the said City; Newman Knowlys , Esq., Recorder of the said City; Charles Farebrother , Esq; Henry Winchester , Esq.; Thomas Kelly , Esq.; Samuel Wilson , Esq.; and Sir Chapman Marshall , Knt., Aldermen of the said City; Charles Ewan Law , Esq., Common Sergeant of the said City; William St. Julien Arabin , Sergeant at Law; His Majesty's Justices of Oyer and Terminer of the City of London, and Justices of the Gaol Delivery of Newgate, holden for the said City, and the County of Middlesex.

LONDON JURIES.

First

Edward Puckle, Charles Hodson, Joseph Truce, Richard Emly, George Wood, Henry Weston,
Thomas Hopper, William Haines, Wm. Wittington, Richard Palmer, James Samways, John Muckle.

Second
Wm. John Mallett, William Peach, James Waters, William Matthews, John Larky, George Eaton,
John Bartholomew, Thomas Redhouse, Thomas Power, George Ridley, Thomas Penny, Charles Innman.

Third
Perceval Clark, George Edwards, William Harrison, William Royhew, William Heard, W. Cole Thompson,
William Abel, James Jackson, Charles Hedges, William Walker, Thomas Turner, Josh. Southwood.

MIDDLESEX JURIES.

First
William Moore, John B. Pope, Fre. W. Pinkerton, John Reynolds, John Reed, Joseph Radford, Gilbert McKay,
William Moon, Arthur Matthews, Christop Metcalf, William Martin, R. T. N. Morson.

Second
Jacob Richards, Thomas Norman, Henry Owen, Wm. H. Osborne, Joseph Poole, Wm. McHowell, Henry Morgan,
Henry Manning, Thomas Richley, Richd. Molyneux, Thomas Pilbie, William Morrell.

Third
Geo. Minifield, John Palmer, William Pearce, William Poole, William Penny, Edward Quin,
Edward Rawles, Charles Newbery, John Pepperall, Samuel Poole, Joseph Pickard, Robert Mopsey.

Fourth
John Maddle, James Manning, Wm. Mortimer, Thomas Moorwood, William Marrs, Noah Marshall,
William Mackey, James Mitchell, Richard Pitt, John Prest, John Parker, Henry Payne.

Fifth
William Radman, John Relf, Samuel Rudduck, James Purser, Robert Pryor, Joseph Ryder,
Thomas Pinnock, Peter Pearse, Thomas Pearose, George Pratt, John Pooley John Perry.

SESSIONS' HOUSE, OLD BAILEY, NOVEMBER 29, 1832.

LAURIE, MAYOR. - FIRST SESSION.

A star placed against the verdict denotes that the prisoner has been previously in custody.
WILLIAM HENRY PINNOCK,, witness name in trial of WILLIAM GLANVILLE, 3rd July 1837. ~~~ Theft > stealing from master ~~~ [Show/Hide]
1734. WILLIAM GLANVILLE was indicted for stealing, on the 7th of June, 560lbs. weight of printed paper, value 10l., the goods of Robert Wilson, his master.

MESSRS. CLARKSON and HORRY conducted the Prosecution.

ROBERT WILSON . I am a cheesemonger, and live in Regent-street. In May, 1836, I was in possession of the copyright of "Pinnock's Guide to Knowledge"—the prisoner came into my employ at Christmas, 1835, and was there till 1836—he was the publisher of this work—he was engaged by young Mr. Pinnock, who was the editor—I ceased to employ the prisoner at Christmas, 1836—he has since been in my employ for about a month, arranging the work for the purpose of sale—this paper was principally in Charles-street, Covent-garden, and the remainder at a wharf, in Thames-street—the prisoner had the key of it—he had two porters to assist him—we did not agree on any salary, but I said I would satisfy him when it was over, which he said would be in a fortnight or three weeks—he used to send every Saturday night for me to pay the porters, and I was to pay him at the end of the time—I received this note for money—(read)—"17th June, 1837. SIR,—Have the goodness to send by bearer 1l. for the men for the five days this week, and at the same time have the kindness to let me have a trifle on account, and you will much obliger. I am, Sir, your obedient servant, WILLIAM GLAMVILLE."

MR. WILSON re-examined. I had given him authority to dispose of the damaged part—he returned me 5l. 14s. for that—I took the £5 note and left the silver with him for other things—he said he had sold it pretty well—I did not see the prisoner any tome after I received the letter—in consequence of that note I gave the porter the money, and he took it away—I saw within two or three days that the bulk was not so large as it had been—I heard some of it had been sold at two different places in the City.

Cross-examined by MR. DOANE. Q. You do not conduct this work? A. No; it was conducted by young Mr. Pinnock—I purchased it of Holdsworth and Ball—Pinnock arranged the whole of it with the prisoner up to Christmas, and then the work stopped—I observed the bulk diminish on the Tuesday after I received this note—I had an account with the prisoner only for waste—Pinnock was the active man up to Christmas—I gave no notice to the prisoner that Pinnock had nothing more to do with him—I do not know the date of any part that was missing—I had seen some that will be produced to-day—no one assisted me in advancing money for this Guide to Knowledge—Pinnock's name is still kept to it.

MR. CLARKSON. Q. There is a work called Pinnock's Guide to Knowledge—you purchased it? A. Yes; and since that there is another work published by young Mr. Pinnock, called "The Guide to Knowledge"—it is quite a different work—Pinnock's Guide ceased at Christmas last—I had a considerable stock of that—I did not authorise the prisoner to sell any part of the stock on the 7th of June—I did not allow him to sell any but the waste—I did not authorise him to sell any to Mr. Soesman, nor to any one else—I had not the least idea that he had sold the work—I engaged the prisoner myself as servant.

WILLIAM HENRY PINNOCK, JUN . In 1835. I was the editor of a work called Pinnock's Guide to Knowledge, of which Robert Wilson had become the proprietor from Christmas 1835—the prisoner was employed as publisher of it till Christmas 1836—it is my belief he knew Mr. Wilson was the proprietor—at Christmas it stopped—after that I published another work, called "The Guide to Knowledge"—Mr. Wilson had nothing to do with that—I never authorised the prisoner to sell any of the work after it stopped—before it stopped he was the mere vendor of it in the shop—he had no authority to sell it in pounds, as waste paper.

Cross-examined. Q. You are the gentleman that engaged the prisoner originally? A. Yes; there was a fixed salary agreed upon—this began in January 1836—the account between us had not mounted up considerably in that year—to my recollection there was not any account in the spring of 1836.—this is the first time I have ever seen this—(looking at an account)—there was an account, but I do not think it commenced so early at this it—was a verbal account—he asked me if his wife might stitch some of the parts—I never told the prisoner when he asked for money on account that he must take some of the surplus or extra numbers and keep the account down—he never told me, and I never knew that in Apirl 1836, he account to me for goods to the amount of 19l. 18s.—I never saw a written account presented by him—he had the keeping of the accounts—he never told me or accounted to me by words for goods to the amount of 19l. 18s.—I never knew that he took goods in lieu of cash—once or twice he took one volume by my permission, not because he asked not get the money, but because he could sell a copy, which was placed to his account—he verbally accounted to me for that—I remember his applying for casts at the end of the year—the account was not larger then—he had had money on account—I did not let him have them—he applied because there was more coming to him, and he was wiling to take that in part liquidation—in January this year, he applied to me for the balance of the account—I did not" him he might cut that account down by selling some numbers—I said, "Deliver the account," and he did not deliver it—he did tell me what it was, and it is not settled yet—the debt was not larger than 19l.—he always saw me on the business—I paid him his salary—the prisoner does not publish my "Guide" now.

MR. CLARKSON. Q. Did you at any time authorise him to sell the work for waste-paper? A. Never—when he asked permission to sell a volume or two, it was as a work—I had nothing to do with the work after Christmas, 1836.

COURT. Q. Have you paid him every thing for the publication he has done for you last year? A. Yes.

ABRAHAM SOESMAN . I am a paper-merchant, and live at No. 228, Hoxton. On the 1st or 2nd June I saw the prisoner in Red Lion court, Fleet-street—he said he had some waste-paper to dispose of—I went into the office of "The Guide"—he had the key of it—he showed me a sample of waste-paper—what he showed me was in sheets—I ultimately purchased on the 7th about 6 1/2 cwt.—I paid him 8l., and have got the receipt—I sold 5 1/4 cwt. to Mr. Bliss, in Barbican, for 10l.—I kept some quires of it at home, which I gave up to the officer after the second transaction—I went to Webber-street, Surrey, on the 7th, where I made the purchase, and the work was there—I was introduced to the parlour, and in the back room was this paper—this was part of the work of 1833, 1834, 1835, and 1836.

EDWIN BLISS . On the 22nd of June I bought 5cwt. of Pinnock's Guide to Knowledge of Mr. Soesman, but a clerk of mine bought some about the 10th—he is not here—I sold the paper to Mr. Chidley.

JOHN CHIDLEY . I am a bookseller, and sealer in waste-paper. I purchased some paper of Mr. Bliss, at 48s., a cwt., and paid him 12l.—I have got it at home now—the officer had seen it, and brought a sheet away.

WILLIAM SIMONS (police-Sergeant L 3.) I took the prisoner into custody—I have made inquiries about this paper—I have a sample, which I bought form Soesman—I got some of Mr. Chidley—the greater part of it is unstitched—here is one number stitched—I have brought 104lbs. from one, 50lbs. from another, and 1 1/4 cwt. from Mr. Crosby.

MR. WILSON. These are sheets of the work in question, which the prisoner was engaged about.

GUILTY. Aged 25.—Recommended to mercy by the Prosecutor. — Confined One Year.

(There were two other indictments against the prisoner.)
HENRY PINNOCK, witness name in trial of JULIA QUIGLEY,  8th April 1839. ~~~ Theft > simple larceny ~~~ [Show/Hide]
1253. JULIA QUIGLEY was indicted for stealing, on the 26th of March, 1 chair, value 2s., the goods of Henry Thorp.

THOMAS HARRISON (police-sergeant D 14.) On the 26th of March I saw the prisoner offering this chair for sale in Calmell-buildings—she said she had bought it of a man for 9d.—I took her.

HENRY PINNOCK . I am in the employ of Mr. Henry Thorp. I could not swear to this chair, but I believe it is my master's—we had but five left out of half a dozen, and we missed one that evening.

Prisoner's Defence. I met a friend who gave me some ale, and I lost all recollection till I found myself in the station-house the next morning.

GUILTY. Aged 39.—Recommended to mercy. — Confined Six Days.
GEORGE PINNOCK, witness name in trial of MARGARET LAW, 12th August 1839. ~~~ Theft > simple larceny ~~~ [Show/Hide]
2336. MARGARET LAW was indicted for stealing, on the 11th of August, 1lb. weight of bacon, value 8d., the goods of Paul Roberts.

PAUL ROBERTS . I live at Chelsea, and am a cheesemonger. On the 11th of August the prisoner came and bought two eggs—she went out—my shopman followed her, and brought her back with this piece of bacon.

GEORGE PINNOCK . I am shopman to the prosecutor. The prisoner bought two eggs—I followed her out—she had got about ten yards off—I asked her if she had got any bacon—she said yes, and she had bought it in Jew's-row—I can swear it was my master's, and I missed it from a board in the shop.

Prisoner's Defence. I bought it of a person who had bought it in Jew's row.

GUILTY . Aged 29.— Confined Six Days.
JOHN PINNOCK, witness name in trial of SAMUEL CLARE,  21st September 1846. ~~~ Killing > Manslaughter ~~~ [Show/Hide]
1843. SAMUEL CLARE was indicted for feloniously killing and slaying William Hind; he was also charged on the Coroner's Inquisition with the like offence.

MR. ATTORNEY-GENERAL with MESSRS. BODKIN and BALLANTINB conducted the Prosecution.

JAMES BACKHOUSE . I am employed by the Eastern Counties Railway as a coach spring-maker, and live in Angel-lane, Stratford, near the station. On the 18th of July, just after this accident occurred, I was at the station, and noticed a gentleman lying on the platform, and part of a broken passenger-carriage lying on him—he sighed very much after we took him from under it—he did not speak to us—I assisted in removing the carriage from him, and in carrying him away on to the bank-side—some other person carried him from the bank into the waiting-room—I saw George Bush there—I believe he afterwards went home with him.

GEORGE BUSH . I am a ported in the employ of the Eastern Counties Railway. On the day of this accident I saw a gentleman raised from the platform, after the broken carriage bad been taken from off him—I afterwards accompanied him home—he turned out to be a Mr. William Hind, residing at Victoria Villas, Dalston.

Cross-examined by MR. CHAMBERS. Q. Are you porter at the Shoreditch station? A. No, at Stratford—there are several there besides myself—there are more now than there were at one time—three or four additional porters have been put on since this accident—some were put on the next day—I cannot exactly say how many, because I was not on day duty—I was there next evening, when the day porters were gone off—I had no knowledge of the prisoner before the accident—I do not recollect his being a "fitter" at the Stratford station—there are so many that I cannot say I know half of them—there was a station-master when the accident occurred—he acted as clerk also—there was a signal-man there named Green—when we were busy he also helped at loading and unloading trucks—he occasionally acted as porter and also as a signal-man—besides that he had to attend to the points—I do not know that he did any other duty besides that—the business of the porters, besides unloading, is to shift the trucks that come up to the station or to run them into the sheds, to get them out of the way when trains are approacing—his duty was to be signal-man to be point-man, to be a porter in unloading, and to be a porter in shifting the carriages—that was only occasionally—since the accident there an additional signal-man; and an additional signal-master has been there, occasionally, but not constantly—we have a little boy there about eighteen years old, to run messages and do whatever he is bid—the signal-post, where, the accident was, has not since been shifted, but there has been another signal-post placed on the other side of the road, and higher up the line, so that you may see it more towards Ilford—I cannot say how many yards it is below the old one—I never took any notice of it—it nearly opposite, so that it may be seen from a greater distance—I have been a porter there seven or eight months—it is my duty to work one signal of a night—I am not porter and signal-man of a night—I was so—my duty was just to attend the mail-train as it comes up in the morning, and to attend to the signal—there is one luggage, train stops there in the night, and that only occasionally—I keep the line clear—the signal-master attends occasionally during the night, but not always—he has been there—I cannot tell whether he was there accidentally—there is only one man as signal-master and clerk—it was his duty to be there in the night the same as in the day—there are two signal-masters now—he was, out both day and night if he chose to come—the signal-master for the day may be signal-master for the night if he choses to come—when I first came, eight months before the accident there was me to attend the signals and the porter, just the same as before the accident, and extra men to assist when we wanted them, but not regular porters—we did not send to Shoreditch for them—they know the place and are used to the work—we could always get them—some time before the accident the head porter used to act as head porter, and he acted in the office as clerk, and then Mr. Richardson took to mind the signals and out-door work—I recollect the time when Richardson was station master, and there was a clerk there also—there is one there at present—he was there before the accident and at the time of it—only one luggage-train stops during the night; there are only two pass, two up and two down, the mail train down and up, and there may be special trains—I am paid extra for extra duties—I am not signal-master—I am signal-man—I now have a man to assist me—I always had one if I wanted him—I let him know before he went to bed if I wanted him in the night—if anything sudden occurred of course I must rouse him up myself when there was only myself—I did not attend as porter during the day at the time of the accident—I have since—I am quite satisfied with my salary.

FRANCIS TOULMIN . I am a surgeon, practising at Hackney. On the 18th of July I was called in to the deceased, William Hind—he was suffering very severely from injuries apparently inflicted by violence of some kind—there were no external appearances to account for the state of suffering he was in—there were external bruises and one wound on the leg—he died on Friday morning the 24th—I made a post mortem examination, accompanied by Mr. Bransby Cooper—I found the liver in a very bad state—there was some slight ulceration of the liver—I have heard the details of this accident—the appearances I found inside his body would be accounted for by the violence he then received, and those appearances would perfectly account for his death.

BRANSBY COOPER, ESQ . I was called in to see Mr. Hind on the Monday following—I found him in a perfectly hopeless state—I attended the examination, after death, by Mr. Toulmin, and agree with him in the death being occasioned by external violence.

BENJAMIN RICHARDSON . I am station-master at the Stratford station of the Eastern Counties Railway. On the 18th of July, I was in attendant there—I have been seven years in the company's service—I remember the arrival of the Ipswich up passenger train that day—according to our regulation that train would have become due at Stratford at four minutes to four o'clock in the afternoon—it arrived as near as I am able to state at nine or ten minutes past four, but I am not able to state positively—I think it was near about ten or twelve minutes late—it consisted of ten or eleven carriages—the hinder one a second class passenger carriage—the time for it to stay in our station depends on whether we have many passengers and luggage to get out—sometimes a minute, sometimes not so long, sometimes two minutes—they were in the act of taking in water at the time of the accident—I should think it had not been there a minute when I looked down the line to rear of the train and saw the engine and trucks coming in between the signal and the passenger train—I saw them come towards me after they passed the signal—at that time the signal was down as it is now on this model—it was painted like this—(looking at it)—that indicates that the line is clear, and when there is anything to stop it you drop it—when it is placed in an intermediate state the train should approach cautiously for 100 yards past the signal—unless an indication is then given by a man there that the line is clear, and then they may come up as far as the station—it indicates that caution is necessary, and that being done they must stop instantly—when I saw the train approaching the signal was down—I did not see it down before the truck-train arrived—it had been down not long before the passenger-train arrived—as near as I can say the train was approaching at the rate of ten, eleven, or twelve miles an hour, but I am not competent to say the exact speed—I did not see whether the steam was escaping—I ran up by the side of the engine of the passenger-train as fast as I could, calling out to the driver, "Go on, go on," in order that he might get on the move, and that concussion might not be so great, but that was found impracticable, and the engine with the trucks came on the hinder part of the passenger-train—a great deal of mischief was done, many persons were injured, Mr. Hind among the number—to the best of my knowledge I have known the prisoner about three years, or longer perhaps—I cannot say to a certainty—I have seen him coming from the yard and on an engine as driver.

Cross-examined by MR. CLARKSON. Q. Have you been at Stratford all the seven years you have been in the employment? A. No, during six years—the number of persons stationed there has been reduced, I cannot say precisely when—I think there was a reduction of a man or two about two years ago, but I cannot exactly be positive—I believe one of the men was the clerk, and I believe a porter as well—I am not aware that there has been any reduction since that time—we have had an increase since that, a few months before the accident, and I have always been at liberty to employ an extra hand—I believe the prisoner has been engaged by the company something more than a twelvemonth, but cannot be positive—he drove Mr. Jacksoa's goods-train—that was not on the Cambridge line, but on the Colchester—I cannot say how many times he has driven—I do not know that he has driven only twice before this—I believe he was engaged as an engine-fitter, but I have nothing to do with him—I can see he is a one-eyed man—the regular signal-man was not at his station at the time the passenger-train from Ipswich came up, but a lad, or I may say a man, eighteen years of age, had been appointed by me to attend to the signal in his place—the signal-man was engaged in some other matter, and I sent the lad Unwin to attend to the signal—a few minutes previous to the passenger-train arriving I saw him sitting on the handle which works the signal, with his back the country way, and his face looking towards London—his back was to the country where the train was coming from—I directly requested him to torn his face, and pay proper attention to the signal—I should say that was four or five minutes before the train came up—I will not undertake to swear that positively, but think I might safely—as near as I can say, the train was ten or twelve minutes late—I do not think it was a quarter of an hour—I might have sent the boy to the signal-station about a quarter of an hour or twenty minutes before—I will swear it was five minutes before—I will not say it was more than five minutes—I must have sent him to the signal-post before the train was due, or else he would not have been there, because when I came out to look for the Ipswich passenger-train I saw him there—that might have been after the train was due.

COURT. Q. When did you send him there A. A few minutes before—I had appointed him to go to the signal to attend to it—then I went into my own office again, came out again to look at the cattle which were being unloaded on the opposite side, and saw Unwin sitting on the handle windlass, and cautioned him to pay proper attention to it.

MR. CLARKSON. Q. You appointed him at that moment, did not you? A. Not at the moment of the train's arrival—it might hare been ten minutes or a quarter of an hoar before the train arrived—I will swear it was ten minutes before—it must decidedly have been before the train was due—it was due at four minutes to four o'clock, and, as for as I am able to say, it came at eight or ten minutes past four—I believe I told the boy to go to the signal-post before four o'clock, but cannot speak positively to that—I had sent the signal-man from the signals to the cattle-train which had come in a few minutes before, his strength being more able to do it than the lad's—sometimes there are twenty bands there, when three or four are not sufficient, on account of the bustle at the station—I cannot say that I sent Unwin to the signal before four o'clock—I am sure I told him to mind the signal—it was then down, because we had got an obstruction on the line near the junction—the engine had been going across towards the junction—there was coal carrying, and so on.

COURT. Q. If the signal was down there was nothing for him to do if he had seen the train coming? A. He would have raised one fan to let it pass to come up to the station.

MR. CLARKSON. Q. The prisoner was driving this truck-train, was it his duty to stop at this station at all, or was he to go on to the junction? A. If he was going to London it was his duty to come cautiously by there—I am not aware whether he had any instructions to stop at the Stratford station or not—I do not know that he had not—we have books with rules and regulations in them—I cannot say that the prisoner had one—I do not know whether there is a signal at the Forest-gate station—that station is somewhere about a mile from the Stratford station—I have my duty to attend to at my own station—when I told the passenger train to go on, the engine-man was standing taking in water—he did not stir that I saw, till he was knocked off—the steam was blowing off, and I do not believe he could hear me shouting—there were several other carriages damaged besides the one in question, but the one next the engine was completely knocked to splinters—it had been put on I think at Romford—it was an extra one—I was not aware that there was a truck train coming up, or that one was expected—it has been the custom if an extra train was coming from Colchester to hang on a red board—I saw none on this occasion—I do not know whether there has been one extra man or two at the Stratford station since the accident, but I think only one—there is a new station signal—that has been put up on the opposite side of the line—there are two now, but the one is not worked—a new one is substituted for the old one on the opposite side of the line—I believe you can see the new one thirty or forty yards farther than the old one—between the signal and the Forest-gate station there are two bridges, and a sharpish curve from the signal till you get through the first bridge—it is a heavyish bend—I do not know who set the prisoner to drive that day—I merely know Quinlan by seeing him once or twice—he was sent with the prisoner on this occasion as stoker—the trains pass under the two bridges—to a certain degree they would obstruct the sight—the signal is not seen so far, on account of the curve—it was part of Quinlan's duty to look out as well as the man that drives the engine—I never knew him act as stoker before—I believe he it Employed in the shops among the engines, on such work as they might please to put him—that is as far as I know—I do not know that it is the practice on railways when a young hand is put on an engine to take care that he has a competent fireman or stoker—I have no practice at the engines—I should think that was necessary—there was no guard that I am aware of with this truck train—it is the general course to have a guard to the train whether a passenger or truck train—I cannot tell whether the "Firefly has a reverse action—it is more usual in a goods train to have a break at the end of the train as well as at the engine—I cannot tell whether the break behind acts twice as powerfully as the break in front—I am not a practical man—I have trusted myself on an engine on this line, and I hope I shall again—there is no policeman at the Stratford station—we occasionally have a man to show the hand signal—we have the same man to show that that attends to the other signal—that is Green—he was attending to the cattle train—we do not use the hand signal when the regular signal is put out—it is useless, because one signal is sufficient if it can be seen, but in the absence of that if a man cannot get to use that signal, or on any part of the line, where he could not see it, he would use his hands—it is not usual on this line to exhibit a hand-signal in addition to the other—I do not think it is necessary—one signal of that kind is sufficient—that signal had been out of order, but I cannot tell how lately before I put the boy on it—it might have been a week—I cannot tell whether it was four days or two—I know it was in working order when this occurred.

MR. BODKIN. Q. At the time you went to the boy did you notice the signal? A. It was down as this is now, I cannot say that I saw an alteration made by the boy before the passenger-train arrived—the obstruction on the line which caused it to be down, was, I believe, an engine crossing from the Blackwall coal line, and there might have been some trucks on the main line near the junction—it was of a temporary nature, it was on the London side of the station—we in general, as soon as we see the passenger-train coming, if there is an obstruction above the station, merely use one fan to caution them to approach slowly—there was nothing at this time to prevent the passenger-train coming to the station, but only to show that it was necessary to come slowly, the fan should be dropped directly the last carriage has passed the signal-post—when I looked in that direction, and saw the engine and carriages coming, I am certain it was down—the custom of putting a red board at the end of a train to indicate that a special train is coming, applies to a special train only—we call a train that is going on special business a special train—you may say these empty trucks are within the meaning of that rule, it was an extra train—if there had been a red board at the end of this passenger-train from Ipswich I could not have done more than I did by dropping the signal—no person in my place could have done more than was done.

EDWARD UNWIN . I am eighteen years old. On the day of the accident at Stratford I was in the service of the Eastern Counties Railway Company. On that afternoon I had directions from Mr. Richardson, in consequence of which I went down the line to the windlas, and dropped the signal—that was because a passenger-train from Ipswich had arrived—Mr. Richardson did not come up and speak to me while I was at the windlas—as soon as I saw the passenger-train I pulled up one fan, and on the one fan being pulled up the passenger-train passed up to the station—after it had passed I lowered down the other fan, and let the whole fan down immediately after the last carriage had passed the signal—that was before the passenger-train had actually stopped—I noticed an engine come up about a minute afterwards—I had let down the fan before I saw that engine—that engine ran, into the passenger-train—I had not time to see whether it slackened at all while I was noticing it.

Cross-examined by MR. PAERY. Q. Do you remember the exact time the passenger-train arrived that day? A. About five minutes past four as nearly as I can tell—Mr. Richardson sent me to the signal about five minutes before it arrived, whenever that was—I was not the only person on the platform at the time it arrived—Mr. Richardson was there—he came out of the office, I was coming out of the office at the same time—at the time he sent me to the signal there was no person at the station, or any one to look out for the passenger-train except me, when it arrived I pulled up one fan—I did not go to the station and lock the door before I let it down again—I remained at the signal all the time—after the train had passed, and I had let the signal down, I went back to the office—I have been in the service of the Company two years—I run of errands—I get 10s. a week—I do not know the wages of a signal-master—among my errands I have been to Forest-gate station—I do not know whether there was any signal there at this time—it is a new station—it is just erected—I do not know that there was no signal there—I had never been there then—I never saw one there—I have not been there since the new station has been built.

GEORGE BURFORD . I am out of business—I have been a draper—I live at Stratford—I am quite unconnected with the Eastern Counties Railway—I know Maryland-point bridge, it is the second bridge down from the Stratford station. On the day of the accident, about five minutes past four o'clock, I was crossing that bridge, and could see the signal at the Stratford station quite plainly—I mean the signal on the down side that stops the passenger-trains there—when I first saw it, it was quite down as this model is now—I heard a passenger-train coming up, I waited about a minute, and there was one fan pulled up—the train passed the signal-post, and immediately the fan was let down again.

Cross-examined by MR. CHAMBERS. Q. Can you tell whether the passenger-train did go slowly under it? A. Very slowly—there were eleven carriages I think, it occupied nearly the whole length of the platform, I should think, when it got to the station—I was not at the platform at the time, but could see it perfectly well—I could not see it when it arrived at the station, not even from the top—I could not see the last carriage—I just watched it out of sight—it did not occupy the eighth of a minute in passing under the signal—it was going very slowly—it had not stopped before it came to the signal—I should say it was going at the rate of about three or four miles an hour—the lower fan had been raised about two minutes before the train came up—it might have been up about two minutes and a quarter—I do not know what time the train ought to have come in—I travel much by the Eastern Counties Railway—their punctuality is not be complained of, so far as I ascertained—being a quarter of an hour after the time would be very unusual, so far as I have been connected with it—I have never been by it when it was a quarter of an hour behind—it is not very often ten minutes behind time at the Stratford station—I think it would be a thing quite out of the common way—it is not usually late—it is impossible to help it—it would be extremely unusual to find it there ten minutes after its time—they only take in water there when they want it—it is not an extraordinary thing to require water within five miles of their destination, even if the engine is in good order—it is usual, I believe—water is more plentiful at Stratford.

MR. ATTORNEY-GENERAL. Q. Is it usual, or is it not? A. I have told you they took in water when they wanted it—it is common, so far as I know, but they do not always.

MR. CHAMBERS. Q. Is it not very unusual to do it? A. No—I can tell by the signals when the train ought to stop, and when it ought not—I did not get that knowledge from a book, but by practice—I have seen a round red board behind a train—I cannot say what that means—I have heard since, but I did not know it at the time—I do not know that the station clerk, when he sees a red board at the back of a train passing, must have a flag out and go forward, and caution the train coming on—I have not seen it done—I cannot say if it has been done since this accident: the company's servants can tell—I cannot tell whether they have hung the red boards carefully since the accident, when an extra train is approaching, because I do not know anything about it—when there has been no signal I have seen a man advance much before the signal-post, with a flag in his hand, to stop the approaching train—I have never seen it where there was a signal-post—I have been at Brighton, and have seen the signals there—I have not seen a man advance a hundred yards before the signal-post, waving his flag.

GEORGE BLATCHFORD . I am a guard in the employ of the Eastern Counties Railway Company. On the 18th July, I was guard of the one o'clock train coming up from Ipswich—the time at London was ten minutes after four, and at Stratford fifty-six minutes past three—we left Ipswich at one o'clock—we got to Romford at forty-six minutes past three, that was thirty-four minutes after the time—while we were there, I saw an engine on the down line—the prisoner was on it—I do not know that he could well avoid seeing my train go up, because we nearly touched—we passed him there, and left him behind us—our next stoppage was at Ilford—we got there at fifty-seven minutes past three—we gained two minutes between Romford and Ilford—we are allowed nine minutes in doing that space—we did it in ten—we left there at fifty-eight minutes past three—we did not stop again till we got to Stratford—before getting there was a signal made—that signal denotes danger when all the fans are down—we must not approach it then—when we passed it, three fans were down—that indicated that we were to approach cautiously, to take great care—we did so—we always prepare for that signal at Stratford, particularly on Saturday, because of there being so much cattle there unloading—I suppose that was known to the persons employed about the Stratford station—having arrived at the station, we stopped, and were taking in water—the engineer takes in water there when he requires it—sometimes we take in water there, and sometimes not—after we had been there about two minutes, there was a collision—the prisoner was driving the engine that came into the hinder carriages—I knew his person, but not his name—the collision was principally with the last carriage which had been put on at Brentwood—that is the station beyond Romford, eighteen miles from London—there were a great many passengers at Brentwood—the stoppage to put on the carriage occasioned some delay there.

Cross-examined by MR. CLARKSON. Q. But you are very generally a quarter of an hour late, are you not? A. No, I may say that being ten minutes or a quarter of an hour late would be an extraordinary occurrence—I never saw the prisoner driving but this once, but I have seen him on the engine at the station, and always considered him as the driver—I never knew Quinlan act as fireman—I cannot say whether there is a signal at Forest Gate station—I did not see any—I do not know whether I should have seen it if there had been one, because the wind blew very hard at the time—there might have been—we should have been cautious if there had been a signal by the driver—I should have known if there had been danger—the part near the Stratford station is about the best part of the road—I do not see that it is a more difficult part than any other—I should not say so, if I was to give my opinion of it.

MR. ATTORN BY-GENERAL. Q. You say it is not your place to see the signals, does the engine-man give you a signal? A. If he sees a signal he whistles three times, as a caution to us—it is his duty to look for it, and we then immediately apply ourselves to our breaks.

MR. CLARKSON. Q. Does a break at the end of a train answer much more powerfully than one at the beginning? A. It does—I should say one break behind is as good as two in the front.

JOHN CHESTER CRAVEN . I am one of the foremen of the locomotive department at Stratford—there are two—the prisoner was in the employment of the company at that station—I cannot say how long he has been there—I had been there two months before the accident—he was there the whole of that time—I found him there—during that time I have known him drive an engine, I should say, seven or eight times on that line for the Eastern Counties Company—on the 18th of July we had got a disabled engine, No, 10—I gave instructions to Nicholson, the foreman under me, that that engine should be taken to Romford by the "Fire-fly"—I gave orders for Clare to drive it—Nicholson was to go with him and take a fireman with him—there is an engine-house at Romford where they do the general repairs—the "Firefly" was in pretty good order—she was a pilot-engine, but not so as to keep time with passenger-trains—she had sufficient power, but she did not keep time, because her valves were not perfect—they wanted increasing—the break was good—I believe I sent a person named Quinlan as fireman—to the best of my recollection the engine No. 10, and the "Fire-fly," started about a quarter past twelve o'clock—I did not see them go away.

Cross-examined by MR. CLARKSON. Q. Is there a notice in your shed that no engine-fitter shall drive an engine? A. Yes—I knew that the prisoner was only an odd man—I knew he was hired as an engine-fitter—he was an engine-driver occasionally—I came there from the Manchester and Leeds Railway—I did not give directions to these men, only to Nicholson—the notice stuck up in the shed that no engine-fitter is to drive an engine did not apply to Clare—when he drove he was paid extra—I do not know what he was paid—I have nothing to do with the payments—I knew it from the time of going in—Mr. Kitson, the clerk, makes the payments—Clare had been over this part of the line where this signal stands, between Ilford and Stratford, twice in my time—the time of the accident was the third time—Quinlan is assistant fitter and occasional fireman—I believe he has been a fireman on the Birmingham line—he acted as fireman once during the time I was on the Eastern Counties line—he went to Cambridge with the goods—it was broad daylight, and we were short of men—one of the firemen did not come at the time appointed—I did not know that Quinlan was dismissed from the Birmingham line because he was not fit to act as fireman—I did not send a fireman with the prisoner—I ordered him to be sent—I did not know Quinlan had gone—I expected a competent fireman would be sent—we call them firemen and fitters—Quinlan's wages were 3s. a day, and paid for over time—a fireman's wages are 3s. 6d. a day—when the firemen are learning they get no more than 3s—I have known a learning man sent as fireman with a man who has been out as engine driver only twice before, but not on our line—we have plenty of fitters and labourers about—we do not clap on a labourer to drive when pressed for men—this man had acted as fireman about a month before—no one was killed then—we are particular who we send out—labourers are much about the engines—I cannot say who drove when Quinlan was fireman—I think I sent him—I should not like to swear I did, but he did go I know one night to Cambridge with the goods train—they make firemen from labourers on all railways—it is part of a fireman's duty to look out for signals—it is not part of his duty to assist in reversing the engine—the engineman can do that himself—it is his duty to assist him if he requires it—it is his duty to use the break, to attend to the fire, and to watch the signals—I know Quinlan had been sent out once as fireman—I cannot say I saw him—he works on both lines—I did not see him act as fireman—I was gone off duty that night—the "Firefly" is bow repairing—she was not condemned to be broken to pieces—she was never condemned—the valves did not beat well, what we call true—they did not pull so well as they would if set correctly—they did not allow air or steam to escape—the machinery was good—the reversing apparatus was not out of order, and had not been, to my knowledge—I should be competent to form an opinion on the condition of an engine—it was not out of order in all its valves—two were out of order—it has a great many valves—there aw two valves for working the cylinders, a safety valve, and about six values for working the pumps—three valves affect the engine—I will say that two of those were out of order—it did not affect the engine—I do not think that having a one-eyed man, a fitter, for a driver, and a labouring man for a fireman, was a dangerous experiment for what she was sent on—she was sent when there were no trains running there, and there was plenty of time—we had Clare to do the proper work—I was keeping him to work trains—he had been sent out before.

MR. ATTORNEY-GENERAL. Q. You say three valves would affect the working of the engine? A. It would only affect the power of it a little—it would not affect the stopping at all—she would not run so fast, being out of order—Quinlan was taken up on this charge—they examined him at Ilford—I believe Clare lived at Stratford—he had occasion to go over the Angel-lane, bridge—that is between the station and the signal—from that bridge you can see the station on one side and the signal on the other—he would have to go over that bridge twice or three times a day, at breakfast and dinner-time and when going home at night.

MR. CHAMBERS. Q. Did you ever see his house at Stratford? A. No, but I have seen him going that way—I believe he lived at Stratford.

----BROWN. I live at Tottenham, and was formerly in connection with Mr. Jackson, a contractor—from 1843 to 1845 we contracted for the conveyance of goods along this line from Shoreditch to Bishops-Stortford and Hertford—I know the prisoner very well—he was employed by us in 1844 as a fitter for about six months, and subsequently to that he became one of our engine-drivers, and continued so until the contract ceased in Nov., 1845—he was employed daily as engine-driver about nine months along the whole line from Shoreditch to Bishops-Stortford—I very often travelled with him on the engine—I always considered him a careful person—he appeared quite competent to do all he had to perform, and to understand the signals in every respect—I have taken notice of the signals on the line, and that he regularly obeyed them—I never knew the prisoner to disobey them.

Cross-examined by MR. CHAMBERS. Q. I believe he was a very careful, cautious man? A. Extremely so—I bad every reason to approve of his conduct—I have trusted my own life under his control in the management of the engine, and should not have the slightest objection to do so again—I have been connected with engines about nine years, but not exactly in the locomotive department—I consider it absolutely necessary for an engine-man to have a competent fireman with him—I have travelled on the engine when passing stations—it is a general regulation that a passenger-train should wait until the station-master says, "You may go," but in a goods-train the guard gives the directions—I never went by a train without a guard—the guard has a break usually at the back of a goods-train—there are generally two guards—we took a competent fireman and two guards—it is not absolutely necessary to have two guards—there must be one—the guard works the back break—he attends to the various signals which are communicated to the engineer, the whistle and everything which are distinctly understood between them—I am of opinion that no party should ride on the engine but the engine-man and the driver—I did so myself because I was interested in it, but none beside the locomotive people and the proprietors can do so—five persons are too many to be allowed by the station-master or the engine-man to ride on the engine with the engine-man—the Stratford station is some distance from London—driving on the Cambridge line would give a man no knowledge of that curve coming into Stratford from Colchester—he would not travel over that part, coming into Stratford from Colchester—he would not travel over that part, but the signals are the same—I was never on the Colchester line but once, and then no further than Romford—since our contract ceased, I believe the prisoner was employed by Mr. Jackson to drive his ballast-engine on the Cambridge Junction.

MR. BODKIN. Q. With whom does it rest to take persons on the engine, the engine-driver? A. The engine-driver can refuse if he pleases—we consider the engine-man is subject to a fine if he allows any person to ride on his engine, except those duly authorised by the general superintendent—I think taking an extra person would be an act of impropriety on his part.

JOHN PINNOCK . I am the ticket-taker at the Chelmsford station—that is on the Colchester line—I know Clare—I have seen him three or four different times on an engine at the Chelmsford station—the engine brought trucks then—as far as I could observe, he seemed to understand the management of the engine—there are the same signals as that all the way down.

Cross-examined by MR. CLARKSON. Q. You are in the service of this company? A. Yes—I was not before the Magistrate or Coroner—I know nothing about an engine myself—everything was right when I saw him—I took it for granted he knew everything about an engine—the first time I saw him was early in April, 1845—the last time was in the same month in the same year—I have seen him drive three or four different times—I will not swear I have seen him drive but twice—at the time I saw him he had a fireman with him—there was also a man travelling with the train—there was one break at the back of the train—I do not know whether a break behind acts more powerfully than one before.

HEWIT ROLLS . I am in the Union Company—I was formally head potter at Chelmsford—I know Clare—I have seen him driving the ballast engines on that line several times—I cannot think of the times exactly—I have worked the signals for him—he understood and obeyed them—I have put what is called the danger signal down against him—he has then stopped, which was right—this is the danger signal—(pointing to the model.)

Cross-examined by MR. CLARKSON. Q. Have you seen him drive more than twice in your life? A. I have, several times—the first time I saw him drive was in May, 1845—the last time was in the same month in the same year—I cannot say bow many times I have seen him drive, but it is more than twice—the Eastern Union line is a branch of the Eastern Countries line—he was in the service of the Eastern Counties Company—I have seen him driving an engine.

THOMAS NICHOLSON . I am under-foreman of the locomotive department at Stratford. On the day of the accident Clare was sent with a disabled engine—I was directed to go with him—he acted as driver—Quinlan, who was taken into custody, was fireman—after we left the disabled engine at Romford we returned, they hung some empty trucks on the engine previous to our starting—I cannot say how many, I never counted them—when we returned we brought two persons back with us whom we had not taken—they were Holt and Charles Tomlinson—they were in the employ of the company—we had no instructions to bring them back—they requested to be brought back, and we brought them—one of them came up to me in the factory, and asked my leave—I said, for all I knew, I thought he might go—Clare was not there—he did not hear what passed—I did not give the man permission to go—I know nothing about any permission being given to the other man—I know nothing about him at all—we took him between Romford-shades and the station, not before we started—we pulled up the engine and took him in—it was Clare's doings—I did not give him directions to stop and take the man up—we waited at the Romford station until the up-train had passed—I cannot say how long we remained after that, I should think about fifteen minutes altogether—the signal at Ilford was down when I saw it—Clare stopped the engine previous to my seeing it—I asked him why he stopped—he said the signal was against him—I looked, and saw the signal was in that state—it was afterwards raised, and we proceeded—we had waited some time—we bad travelled from Romford up towards Stratford, I think, at the rate of between twenty-five and thirty miles an hour—I do not recollect seeing the passenger-train that had passed—I saw the steam—I saw it at llford—the passenger-train started shortly after we stopped at llford, and I think we stopped six or eight minutes—we ascertained that the cause of the llford signal being down was that the passenger-train was at the station—I saw it leave shortly after we stopped—it was coming at the usual rate, between twenty-five and thirty miles an hour, the same rate at which we had been coming before—I am not aware whether that was the rate at which a train coming with trucks in that way usually travels—I do not know whether it depends on whether there is a train behind or not—there was no train to follow us soon that I am aware of—as we approached the Stratford station we had to pass under two bridges—I noticed the signal there, but not till I got close to it—I saw red at the bottom of it, the same as this is now—I cannot say whether there was one fan or two—the engine-driver was blowing his whistle when I looked and saw it—it was not my duty to look to see whether any change took place in it when we had passed under it—after we had passed it, I for the first time saw the up-train at the Stratford station, and did what I could to stop our train.

Cross-examined by MR. CHAMBERS. Q. Do you overlook all the workmen in the shop? A. Yes—it is my duty to overlook and direct the fitters among others—I am a sort of master to them—I am under foreman when the foreman is away, I overlook them and give them directions—I was sent by my master Mr. Craven to give directions to Clare to drive the engine—he told me to send Clare—he was started about middle day, I cannot say whether he had been working from an early hour in the morning—the fitters generally come at six o'clock in the morning—if he had been doing his duty he had worked from six till twelve o'clock—I found him at his ordinary work—I partly ordered Quinlan to go with him as fireman—when I was ordered to send Clare with the engine, I went up to him, and told him, and he said, "Who will I get for fireman?"—says I, "I don't know"—and says Clare, "Here is Bill"—and I says, "Bill can go"—I said, "Have you fired before?"—he said "Yes"—and I then said, "Then, Bill, go"—there was nothing more said—Bill was helping him as a workman at the time—he was asisstant fitter—I have seen the printed order, about no fitter being allowed to drive an engine—I have seen it many times since—if there had been a regular engine-man there I should not have dared to have sent him, after having been ordered to send Clare—it was not my business—they proceeded to get the engine ready immediately—I did not start with them from the Stratford station—I went round to my lodgings to get something to eat, and got on at the station on the Eastern Counties side—the engine had come from the Cambridge side, and turned to get on to the other line—the work-shop where Clare worked was on the Cambridge line—the signal is a red one, but white at the back—I do not see any necessity for it being any other colour—in passing over the bridge and looking down on the signal you see the back of it as though it was all white—a person on the bridge would see each fan raised in succession all white—in going down to Romford we stopped at the Eastern Counties station—I think we did stop—as far as I know we obeyed the directions of the station-masters, at the different stations with regard to our progress—I was only made foreman a few days previous to this—before that I was working in the shop, I was working as an engineer—on being made foreman they raised my salary—I suppose the average pay of an engineer is 5s. 10d. per day—in the shops, the fitters, if they are good men, get 6s. pet day—they work ten hours a day in the shops—I do not pretend to say how long they work on the engines—the people that were taken up as we came from Romford were all workmen—I am not aware that they were going to Stratford—I expect they were—I was sent to Romford to bring some pat—terns up—I was to ride on the trucks—I brought some patterns up—two other men Holt and Tomlinson got on the engine—I was examined before the Coroner and so were they—I was not aware of their names when they were on the engine—I recollect coming to Iltbrd—we went slowly by Ilford, Clare said the fan was down—we stopped six or eight minutes after the passenger—train had gone on—I am convinced the fan was lifted when we started—we had passed under the fan to get to the station.

COURT. Q. You stopped before you got to the fan? A. Yes—the signal was before us, it was raised afterwards.

MR. CHAMBERS. Q. But it was the station—master or signal-man tint raised it before you could go on? A. cannot say who did it, but it was done—I believe we stopped six or eight minutes—we did not start at the rate of twenty miles an hour on the instant—it is two miles to the Forest—gite station, and Clare shut up the steam before we got there—at Forest—gate there was not a hand—signal exhibited to show that a train had recently passed—I do not think there was any post signal there at that time—supposing a man had stood there with the hand signal of the red or green flag, or whatever it is, to indicate that another train was just before it, we could have seen it and obeyed it—I cannot say whether that would have prevented the accident—at the time we passed it Clare had turned off the steam, and was going slowly—I should say he expected the signal, but seeing none he turned it on again—I saw no man on a platform after we left the Forest—gate station—I saw a man put his head out of the door of a little house at the top of the bank—I did not see any signal flag, or anything of the sort—I know enough of the management of a railway to know that where there is no standing signal, the signal is by hand, or by the waving of a flag at the station—I am not aware that a signal has been erected at the Forest—gate station since the accident—I have seen another signal at the Stratford station on the opposite side—the instant the fan was noticed in the way I have mentioned every effort was made to stop the train—I heard the whistle, which is an indication that a train is approaching—the most expeditious way of stopping an engine is to put the steam against her—that is reversing the engine—I saw the prisoner trying to reverse the engine—I did not see him try three times before it would act—I cannot tell how soon it did act—it would be by means of four wheels—they must operate on valves so as to turn the steam, and if the valves are out of order then it would not operate so rapidly—I assisted at the break as soon as I saw the danger—I did not then jump off—neither at the time we started, nor at the time I was ordered to go on the engine—I do not know of any extra danger there was in going on that Bne more than driving an ordinary goods train, or a truck train—that engine hi been taken to pieces since—I should think she would be used again after she has got her general repairs—she was not condemned—she had been foond fault with—she was certainly condemned thus far, that she was not running with passenger trains, because she could not keep her steam—I cannot "y how long before the accident she was condemned—the engine was damaged a little by this concussion—she was not repaired immediately, but within two or three days—it was not repaired before Captain Codrington came down and tried it—it was injured about the chimney and the smoke-box door—I

do not know who examined it to see if it was in a fit state Jot Captain Coddington to try—nothing was done to it that I am aware of before Captain Coddington came down—I do not know who had charge of it—it was standing in the shed—it was brought there after the accident occurred—it was pat I under no one's charge that I am aware of—I did not see it brought ont when Captain Coddington got on it to drive—I was not in the shed at the time—I had been given into custody—there were five of us given in charge—the stationclerk and the persons on the engine were not given in custody—the signal-man: was—I do not know whether Mr. Green gave him in custody—Mr. Summers, a person on the line gave me in custody—I was kept in custody till the Monday'—this was on the Saturday evening—I was taken before the Magistrate—I afterwards saw the engine taken to pieces for repairing—I did not take particular notice whether the reversing lever was out of order—I expect that the persons who were sent to repair the engine would see to anything that was wrong—I am not the person who appoints the men to engines—I understand all did machinery of an engine—the reversing lever was not out of order that I ani—aware of—I have no doubt that there was something to do to it—there was I piece of string on the top of the reversing lever which was there at the time of the accident—I believe it was to supply a defect—some fault in the. working of it—the regulator of an engine is a valve to admit the—steam on to the two valves—I do not know that the regulator was out of order—'I did not look at it—William Hanston is the person who took it'to pieces he is one of the parties who repaired it—it is not repaired, so as to befit for Hse—I do not think it will be used for a month or so from the present time—I did not see it taken to pieces so as to examine it—of course Hanston Would—Mr. Samuels is the chief engineer of the line—I know Mr. Eock the engineer—he did not come that I am aware of—when the engine was taker to pieces Clare was in prison—I do not know whether ariybody attended on his behalf to see what portions of the engine were not able to be worked—no engineer attended for that purpose that I am aware of.

CHARLES TOMLINSON . I am a smith on the Eastern Counties line. On the diy of the accident I was taken up by Clare between the locomotive and the passenger-train station before I got to Romford—I went with him, and remember approaching Stratford—he was driving the etigine—he first time he" endeavoured to stop it was at the second bridge from the station, before wei came to the signal—I do not remember the engine, he was driving being driven into the train—I was on it, but was so frightened, seeing the dangef we were approaching, that I was quite unconscious of what took place.

Cross-examined by MR. CLARKSON. Q., Did you see the signal yourself? A. Yes—I did not notice whether there was one or two red flaps down—That was the state of the signal when I saw it——(referring to thrmodefy—l cannot say that there were two fans down.

MR. ATTORNEY-GENERAL. Q. At what rate was he driving when he went under the bridge? A. About twenty-eight or thirty miles an hour—I have travelled many times on the line and can judge of speed.

WILLIAM KENT . I was a plate-layer on the Eastern Counties Railway. I saw Clare driving his engine on this Saturday, between the Romford and Il—ford stations—he was about a mile and a half from the Ilford station—I had seen the passenger—train pass before him—as near as I can say, he was a mile from it—I cannot say at what rate—he was going, but it was a good deal faster than that train.

Cross-examined by MR. CHAMBERS. Q. Did you go before the Coroner or Magistrate? A. No, I have not been examined before to-day—I do not act as a signal-man sometimes.

GEORGE HALT . I was on the engine on the day in question.

Cross-examined by MR. CHAMBERS. Q. Did you see the signal? A. No—I did not hear the whistle—I am one of the Company's servants—I am a pattern—maker—nothing else—I am on the Romford part of the line, and was going to Stratford on this day.

MR. BODKIN. Q. You have nothing to do with driving the engines or looking at the signals? A. No, I was rather alarmed when I saw what was likely to take place—I was not hurt.

GEORGE BIRCH . I am manager of the signals at the Ilford station. The signal there is of the same kind as at Stratford represented by this model—the one o'clock Ipswich train was due at my station on the day of the accident, at forty—six minutes past three o'clock—no other up—train is due at my station till five minutes to six—on the arrival of the one o'clock train, I lowered my signal, as this model is now—while the train was there, and the signal in that state, I observed an engine coming up with some trucks—it blew the whistle, and ultimately stopped—five minutes after the passenger—train had left my station, I raised one of the fans in this manner, as a caution to go slowly, as there was a train in advance—that appeared to be understood, and acted upon by the engine—driver coming up—they came up slowly.

COURT. Q. At first you said you stopped them? A. Yes, at first, and then after they had remained five minutes after the Ipswich train had gone on I lifted up the fan because the Ipswich train had not long gone on.

MR. BODKIN. Q. How long have you known Clare? A. Between two and three years—I have seen him on engines before, at Stratford driving them.

Cross-examined by MR. CHAMBERS. Q., Do you mean on the Cambridgeline? A. Yes—I have seen him on engines at Shoreditch, just working them in and out, as you frequently see men doing, to prepare them for starting—Mr. Cooke is station master at Ilford—I am not aware that he is here as a witness—the regulation in May last was that a train should not start until the first train had been gone ten minutes—it is now altered to five minutes—it was the station master's duty in May last to see that the first train had started ten minutes before he allowed the second to start, and then to give the signal to the engine-driver the driver would take the signal to go on by the signal being drawn up—I believe the alteration from ten to five minutes was made in May—it was a written order—the ten minutes' order was printed—the written order was sent to the station master—we have a clock at the station—this train started five minutes after the passenger train—I looked at the clock, and kept the engineer five minutes—my instructions to the station master were to that effect—the first train ought to have arrived at Ilford at forty-six minutes past three, but it was three or four minutes past four before it came—it ought to have been there forty-six minutes past three, by the Ilford time—it was seventeen minutes behind time—Mr. Cook was not absent from Ilford that day—we have no red boards at Ilford to hang on the back of trains—the red board signifies that a train is following—whenvthe station master sees that it is his duty to keep the line clear, and to lower the signal—it is not his duty to send a policeman forward to warn the approaching extra trains that the preceding train is near the station—it is his duty to lower the signal.

COURT. Q. Does that board give notice when trains stop, or only when they pass the station? A. Only when they pass without stopping—it means there is a train behind us.

MR. CHAMBERS. Q. When there is a red board at the back of a train which passes a station, where there is only a hand-signal, is it not the clerks duty to use the hand—signal to the approaching train? A. Yes, the red board intimates to him you must be on the look out, because there is an I extra train coming, and you must take care that, you do not run into the I preceding train; if I bad had a red board at Ilford, I should not have deemed I it my duty to hang it at the back of the passenger-train, not being aware I that anything would follow—I let the passenger—train go out of the station, I and the truck-train followed five minutes after, but did not hang, a red board I on the passenger train—I do bang a red board when I am aware there is I anything following—the next station U two miles, off—the man at the I Forest—gate had hand-signals.

COURT Q., If you had hung on your red board, would not the Forest—I pate man, when he saw the Ipswich train pass, come out and hold up his I flag? A. It would have been the case, but we do not do so with ordioajft I trains, only with special, or extra trains—this Fire-fly engine was aa I extra train, but we were not aware that it was coming until it approached I the station—that train and the Ipswich up—train were at the station together I——we did not hang a red board on it, because it is not the rule—I cannot say why it is not the rule—if the board had been hung up, it would have certified at Forest-gate that a train was following, the driver of the second train being at the place at the same time as the first train, would know that there was a I train before him

MR. CHAMBERS. Q. Was it not the duty of the Romford station—master, when the truck—train started from the station, to attach to the preceding train, a red board by day, or an extra lamp by night? A. I am not aware of such a regulation—I have the printed regulations given me by the station—master—I am aware that there is such a regulation in the book—it was not obeyed this occasion—it is not customary, unless with special trains—it is frequently done—I have seen them pass and repass with boards and extra lights by night—the regulation is that the station must at all times be in charge pf some competent person to give the signal to each passing train—I should say if the signal is not obeyed by the approaching train, it is the duty oftfee signal—man to hold up his hand; but it was obeyed on this occasion—if it was not obeyed, he would advance and hold up his hands—the windlass is a hundred and fifty yards off—the station—man never advances towards the signal to see whether it is obeyed—if I was at the windlass, and the train did not obey the signal, I should walk into the middle of the line, and hold up my hand—Forest—gate is about a mile horn Stratford—we have at Ilford two porters and the station—clerk by day, and one by night—I have the care pf the signals by day—I should go off my duty to unload the cattle—truck if was required; and if I saw anything approaching either way, I should leave my work and go to the signal—the windlass that works the fen is a hunraj and twenty yards off it in a straight line—you can see the working of the fan at the Ilford station from the windlass—in foggy weather, a red light bangs below the bottom fan, and it can be observed from the station whether it is ia view or not—the red light is enough to show the extent of the danger;—if you let a green fan down, that means caution—I do not know what the yellow indicates—the first red is a caution to go slowly—the one red below the green is to notify that there is something in advance—the two reds mean to stop altogether; they denote danger—in foggy weather the lamp is suspended from the centre of the bottom red fan; as the windlass winds the fen up, the light is thrown up with it—I know the Stratford station——you cannot see round the curve in foggy weather, nor in any weather—I do, not know whether you can see the signal any distance before you come to it. . Do you mean to say you could see the red lamp from the windlass in foggy weather? A. I cannot say—I have not been there in foggy weather—you can see it in clear weather—the fan does not obscure it—it hangs belor the fan considerably more than eighteen inches—I cannot say whether the working of the fan can be seen from the windlass, as I was never stationed at Stratford—there has been a new signal put up at Forest-gate since the accident, and at Stratford—they are different signals altogether, and have no fans—it is a signal with arms like a telegraph.

THOMAS SCOTT . I am superintendent of the Eastern Counties Railway and storekeeper at the Stratford station—in Nov. last Clare was engine-driver in the company's employ—he continued in that capacity about three months after I came into the service of the company, as far as I could judge, he was thoroughly competent to drive an engine—I have seen him drive fee. quently—I remember the day of the accident, my attention was called to the Fire—fly three hours and a half after the accident—it was then removed from its position—the smoke—box was damaged a little—Captain Coddington saw it on the Tuesday following—it was then in the same condition—nothing wai done to it, as far as I know—it was kept at the Stratford station.

Cross-examined by MR. CLARKSON. Q. Where were you from the Saturday till the Tuesday? A. At Stratford, not where this engine was, but at a different part of the line—nothing was done to the engine to my knowledge—I did not take it to pieces to see whether the reversing engines were in order, or whether a piece of string was tied to the regulator—I knew Clare—he had Been working on the Cambridge line when I came on the Eastern Counties line—he was theu driving an engine—I do not know whether he was hired ai a fitter or not—after he had been working on the Cambridge line he applied to me to appoint him to drive a passenger-train—I refused him—I assigned as a reason that he only had one eye—there would not be much difference between a man with one eye driving a passenger—train and a man with one eye driving a truck-train—I should have no hesitation in putting him on a goods train—I advised him not to take it at the time, on account of his having but one eye—I refused him a passenger-train—I gave him an offer of a goods train that goes slower than a passenger-train—a man with a slow train has a better chance of seeing—goods-trains ought not to exceed fifteen miles an hour.

MR. CLARKSON. Q. Do you mean to say that one part of the regulations is not that they should not go more than twenty-five miles an hour? A. From fifteen to twenty miles an hour—he knew this train ought to have been a slow one—there was no specific order given that it should be slow, but it is perfectly well known among the men—there is a regulation put up in the shed, that fitters should not drive—I have seen it—I am not aware that there is an order that no engine-fitter should drive an engine—there is an order that no fitter should bring an engine out of the shed—there are two or three fitters on the line as drivers at the present time.

COURT. Q. But there is something about it? A. There is an order to prevent the fitters bringing the engines on to the line.

MR. CLARKSON. Q. Then what is the difficulty or the necessity for more science in bringing an engine out of the warehouse on to the line or in driving aa ejigine on the line? A. It is to prevent men who are not accustomed to working engines taking them on to the line—I believe the terms of the Notice are that no fitter shall do it.

Q. Was not the Stratford signal, some time before this accident, reported to you as. being unfit in its position? A. Well I cannot recollect that exactly—the matter had been talked over, and the new signal was in the course of being fixed, and was nearly fixed on the Cambridge line when this accident happened—I will not say that the drivers on the line have not reported that signal as "being dangerous—I will not swear but what it has been spoken about—I should say there are a great many drivers on the line who have not to reported it—I cannot say whether there have been a dozen—I will not swear it—it is usual and necessary for the drivers of engines to have a copy of the rules and regulations given them—I cannot say of my own knowledge that this man had not one.

JOHN THARPE . I am an engine-driver. I know Quintal—I know of hit acting for about two months as fireman to engines on the London and Birmingham line about twelve or thirteen months ago.

Cross-examined by MR. CLAKKSOIT. Q. Did you see him acting in that capacity? A. Yes—he was removed because he knew nothing about it.

MR. ATTORNEY-GENERAL. Q. Was he discharged, or removed? A. Discharged because he had an accident at a station—he has not been firing on an engine very lately since.

JAMBS SAMUEL . I am the resident engineer on the Eastern Counties Railway. I prepared this plan—it is a correct representation of the part of the line where this accident happened—it was prepared under my direction, to show the working of the signals—it does not show the curve—it was made to a scale—there are two bridges before leaving the Stratford station—this signal (looking at the plan) was about 259 yards from the hindmost—carriage at the station where the train stopped—it can be seen by the engine-driver, if he keeps a proper look-out, at a distance of 479 yards—more than a quarter of a mile—the point A in the plan is the spot from which you can first see the iighal, that is, at a distance of 220 yards from the signal; and from B, where the signal is, to-C, where the station is, is 259 yards—you can see the signal from the windlass.

Cross-examined by MR. CLARXSON. Q. Are you quite sore of that? A. I have tried it since the accident—I was not quite certain before—there is a curve between the signal and the windlass of a radius of about a mile, and there are two bridges intervening—the white part shows itself to the man at the windlass—he could only see from the form of the fan whether all the fens were down or not—he could not possibly mistake one fan being down for two—the signal has never been out of order since I have been there—I have been there since the 1st of Jan.—I believe the windlass is not above ten yards from the station, but I cannot speak positively; 1 have never measured it—it has never been reported to me that the drivers have made complaints of the signals at Stratford being dangerous—if it was a subject-matter of complaint to Mr. Scott, he never communicated it to me—I do not consider it a dangerous part of the line? not a bit more dangerous than any other part—I do not consider it safe for a train of trucks to go without a guard, or without a hind break—it may be safe without, because many trains do go so, and no accident occurs; but, in my judgment, I believe that it is inconsistent with safety, or rather, that we run a risk in tending out a train without a bind break.

COURT. Q. Will a break on an empty truck at the end have much effect? A. It would have very little effect in stopping the train—the effect of a break depends a good deal or mainly dh the weight of the carriages—the weight naturally increasing the friction—two of these trucks contained some iron.

MR. CLARKSON. Q. What quantity? A. I did not measure; I cannot tell—they were in the centre of the train when I saw it—I should consider it running a risk to send out a tram, either full or empty, without a hind break—this model is a twelfth part of the real size—the Forest—gate station was not completed when this accident happened—I am not aware that it was opened long before it was completed—it may have been open to the public about two months before the accident, but I cannot speak to that—I do not know that I swore so before the Magistrate or Coroner—I gave it as a matter of opinion, I rather think—the Forest-gate station was provided with the usual white, red, and green flags—there was, I believe, a man appointed to use them—the station—master has the charge of the station—it is a very unimportant station—the station—master ought to be able to do his duty wholly without the signals—it is so small a station that he would be able to do without, but he has flags—if he bad used his flags on this occasion it ought to have prevented the accident—it would have made it tenfold less likely—if the man at Forest-gate station, when he saw the Ipswich train pass, had held out his flag, he might have prevented this train coming—if there are no signals exhibited at the station, it is reasonably inferred that the line is clear.

COURT. Q. Do you mean that is the case with respect to a special train, a train that is not expected? A. With respect to any train, I should say it would—if there was no danger signal shown I should think the driver would imagine the line was clear, if he had not seen the train previously at Ilferi, which he had—it would show the line was clear till he came to a danger signal.

MR. CLARKSON. Q. Has not the signal at the Stratford station been removed? A. It has not—there has been another placed in another position—the old one remains, but is not used now—it was the intention of the directors to do so before the accident—they considered it better to have a uniform signal than to have a variety—that was the only reason—I was not in Coart when Scott was examined—I do not know that the alteration of signals has been on account of the repeated complaints of the drivers—I consider tke position on this side safer than the other—the signals are the same as 01 other lines—some railways have adopted the same signals, and some have not—it is becoming pretty general—men from any other line would understand the signals—it is one arm, a semi—colon—we had three different sets of sigoalt including this—that is enough, if they are perfectly understood—I do not know any mode by which a man may understand them, if he has only beea on the line twice before, and had no book of rules and regulations given him—the driver of an engine would be discharged if he did not obey orders.

MR. BALLANTINE. Q. Did you make a train exactly similar to what the prisoner was driving, for the purpose of Captain Coddington trying the experiment? A. We used the same train and the same engine, with the trucks exactly in the same condition—the signals at Forest-gate station apply to any stoppage by that station—this signal applies to any stoppage by the Stratford station—there are signals down the line at all the stations—it is the duty of the engine—driver to look out for the signals as he approaches each station—in my opinion, if he had had the opportunity of seeing this signal being down, and stopped his engine, this accident would have been prevented—I cannot say whether there were two horse-boxes next to the binder carriage.

CAPTAIN CODDINGTON . I am captain in the engineers, and am attached to the railway department of the Board of Trade—on the Tuesday after this accident I went down to Ilford, and took the engine and train—I first examined the station and signal at the Stratford station—the windlass which works the signal is within a few yards of the station—that is the correct mode of working it—the signal can be seen from the windlass—I did not take the measui ments myself, but I had them taken at the time and reported to me—tto measurements given in evidence are correct—the signals on the Ilford lio be perfectly seen for 200 yards—it was with a view of testing whether a sufficient distance to enable a person of competent skill to stop the train that I went with the train—I went with the "Fire-fly," and I understand the same trucks, that had been used on the Saturday—I rode down to Ilford station on the opposite side of the rails, and then I tried the train on the up line, and gave the engine-driver his directions, as we were going under a bridge, to proceed without any previous concert—I directed him suddenly to stop the train—at that time we were going at the rate of twenty-fire miles an hour, as near as I can judge—I noticed the point at the time I gave the direction because it was while passing under a bridge, and I measured the distance from the bridge to the point when the engine came to a final rest—it was 445 yards from the bridge—the inclination was rather descending—it waa unfavourable for stopping—it was done simply by applying the break—I then proceeded on my journey—I had stationed a man with a red flag, as a mark for myself—at the time we approached him, we were going at the rate of about thirty miles an hour—when I got opposite the man, I shut off the steam again, and gave the engine—driver directions to stop the train—I stopped it by the break alone—at the time the steam was shut off, we were descending slightly; but before the engine came to a final rest we were ascending slightly—we stopped at a distance of 468 yards, then returned to Ilford, and came on from Ilford towards London at the rate of not less than thirty miles an hour—rather ex ceeding that when we came near Stratford—I saw the Stratford signal, and knew exactly the distance I was coming, and stationed a man—we did the last half mile in fifty—eight seconds—on seeing the signal, I shut off the steam, stopped the engines, reversed it also—it stopped from ten to twelve yards short of the station—we were then going at the rate of upwards of thirty miles an hour—I was going at full speed at the time I saw the signal—we stopped twenty or thirty yards before coming to the Angel-lane-bridge—we stopped within a yard or two of the same place we stopped at before—the engine stopped directly under the bridge—the inclination is ascending at the Stratford station—we were going a little faster then than the last time we stopped, and a shower of rain came on in the interval, which gave less adhesion to the rails—I believe the exact inclination is I in 330—it is a slight inclination—the curve slightly favours the stopping—when I applied the break I watched its effect on the wheels, to ascertain whether it was acting properly—it was sufficiently powerful to lock four of the wheels out of the ten, and the other six were revolving very slowly—the four were at a dead lock—on the last of these occasions I reversed the engine—the reversing gear acted—I watched to see while the driver's head was turned in an opposite direction, and it did act at once, and applied instantly—I am sufficiently an engineer to draw an inference from a plain fact—I am acquainted with the acting of locomotives, and the arrangements of railways—I have been two years an inspector of the Board of Trade, and was sent down for the purpose of making this examination—if the train had been going at fifteen or twenty miles an hour it would have stopped in a very much shorter space—the signal cannot be seen farther than 240 yards—it makes its appearance under the bridge—it is hidden by the masonry I think that an unfavourable circumstance—the line curves round.

Cross-examined by MR. CHAMBERS. Q. Who was the engine-driver that went with you? A. I do not know—there were five on the engine—Mr. Samuel, the resident engineer of the line, was one, and a person, I am not sure whether it was Mr. Scott or not, the fireman, and myself—while the engine was going at the pace I mention I was on the look-out to see where I could get the first sight of the signal—I was not driving—my attention was directed to seeing the signal—I did not stoop down to see it—I did not stand erect—I stood about so, for the rays were very strong, and I had my hand up to ray face, and then I saw it unxter the briflge—it was on the left hand side—I had to look to the left side of the line, not exactly straight before me—I think a break is of use in stopping a train—I have seen many other ling—it depends on the extent of the train whether they send out one or two guards—I think the competency of a driver ought to be ascertained—when a man is sent on a strange line I think they ought to send a competent engineer or fireman with him—he should have the assistance of a competent person until he becomes acquainted with it—I should not expect a man to he acquainted with a line 100 miles long in three drives—I should not be afraid to go on a line of twenty miles length after three times—I should not like ta undertake to drive an engine at all—it is not my business—a great many lines have figures as signals of danger, and also fans—they are to be put into the hands of the engine-drivers—there should be a book, not only with written instructions, but with coloured representations of the signals—that is quite necessary for safety—they have hand signals to use in case of danger—they ought to be used at every intermediate station if a train has just gone by—they are generally used as supplementary signals—if they have no othei means of communication, they should present the hand signals to the approaching train to stop it for five or ten minutes, according to the Company's regulation—I afterwards went to Forest-gate station—it is a mile from Stratford—if the man at the Forest—gate station had presented the green flag wben he saw the truck train coming I do not see that it would have prevented the accident—I think the man at the Forest—gate station neglected his duty in not throwing out a signal.

MR. ATTORNEY-GENERAL. Q. Would that necessarily have prevented the accident? A. Why, there was another signal before the man arrived at the Stratford station—if he had seen the signal, and attended to it, the accident might not have happened—I should consider twenty or thirty miles an hour a very unusual pace for a train of this description.

COURT. Is it a matter of economy to go slower? A. It is, and for Ail reason, upon railways where they do not want to go fast for passenger-trains, they go slow—an increase of speed is a considerable increase of cost to the company—thirty miles an hour would be much dearer to the company thai fifteen—it is a general practice among companies not to adopt great speed when it is not wanted.

NOT GUILTY .
GEORGE PINNOCK, victim name in trial of HANNAH PITTMAN, 23rd October 1848. ~~~ Theft > stealing from master ~~~ [Show/Hide]
2454. HANNAH PITTMAN , stealing 1 half-sovereign; the moneys of George Pinnock, her master; to which she pleaded

GUILTY . Aged 25.— Confined Three Months.

Before Mr. Recorder.  
GEORGE PINNOCK, victim name in trial of CHARLES MARSH, 19th August 1850. ~~~ Theft > stealing from master ~~~ [Show/Hide]
1483. CHARLES MARSH , stealing 1 shilling, 1 sixpence, 3 groats, 4 pence, and two halfpence; the moneys of George Pinnock, his master: to which he pleaded

GUILTY . Aged 14.— Confined Eight Days and Whipped.
JAMES PINNOCK, witness name in trial of CHARLES M'PHERSON, GEORGE BARTON, 18th September 1854. ~~~ Royal Offences > coining offences ~~~ [Show/Hide]
993. CHARLES M'PHERSON and GEORGE BARTON were indicted for a like offence: to which

BARTON PLEADED GUILTY . Aged 21.— Confined Twelve Months.

MESSRS. ELLIS and LILLEY conducted the Prosecution.

JAMES PINNOCK . I did keep the Willow Tree. On 8th July the two prisoners came, and M'Pherson called for a pint of ale—I served him—he paid with good money, and I gave him change—they drank the ale, stopped about a quarter of an hour, and went out together—M'Pherson afterwards came alone, and called for a glass of porter—it came to a penny—he gave me a half crown—I gave him 2s. 5d. change, and he went away very quickly—I looked at the half crown, and found it was bad—I went to the police station, and when I came back I saw the two prisoners moving their hands together, but what they were doing I cannot say—their hands were in motion, as if they were handing something to one another—I ran back to the station, and told them, and the prisoners were taken—when I was going to the station I told my mistress to let the half crown lie on the table—I found it there when I came back.

Cross-examined by MR. PAYNE. Q. How long were they first drinking the ale? A. A very short time—M'Pherson came back in about a quarter of an hour—they were standing about 100 yards off when I was coming from the station.

GEORGE BUSH (police-sergeant, N 18). I received information from the last witness on 8th July—I went, and took M'Pherson into custody—he and Barton were conversing together—I found on M'Pherson 1s. 6d. in good money, a penny in copper, and a duplicate—I received this half crown from the last witness.

Cross-examined. Q. Did you not find on the prisoner some ham and some eggs? A. Yes.

JAMES BRANT (policeman, N 451). I took Barton into custody; I told him what he was charged with—in crossing the road, he dropped a piece of paper—I took it up, and I found at the station that it contained seven bad shillings, and I found on him another bad shilling, and 11s. 6d. in good money.

WILLIAM WEBSTER . This half crown is had—the shillings are all bad; three are from one mould, two from another, and three are from different moulds.

MR. PAYNE called

GEORGE BARTON , the prisoner. I only know M'Pherson by working with him two or three days at Somerset House, in the Strand—he was not at all connected with me in passing bad money; he did not know what I had—I did not give him the half crown to utter—I did not receive any of the change of it.

M'PHERSON— GUILTY . Aged 33.— Confined Twelve Months.
JAMES PINNOCK, WILLIAM PINNOCK, victim name in trial of JOHN SEYMOUR, 26th February 1855. ~~~ Theft > burglary ~~~ [Show/Hide]
347. JOHN SEYMOUR , burglary in the dwelling-house of Charles Gibbons, and stealing 1 table cover and other articles, value 7s. 6d., the goods of George Henry Laporte; 1 coat and other articles, the goods of James Pinnock; and 2 pairs of trowsers, the goods of William Pinnock: to which he

PLEADED GUILTY . Aged 39.— Four Years' Penal Servitude.
WILLIAM PINNOCK, BALTHAZZAR PINNOCK, victim name in trial of THOMAS HARRIS, 28th January 1861. ~~~ Theft > burglary ~~~ [Show/Hide]
210. THOMAS HARRIS(31) , Burglary in the dwelling-house of William Pinnock, and stealing therein 4 spoons, value 15s., 1 coat, value 1l., money to the amount of 9l. the property of Balthazzar Pinnock, and 1 jacket, 1 ring, 1 coat, and 3 studs, the property of William Pinnock.

MR. BRIERLY conducted the Prosecution.

WILLIAM PINNOCK . I keep the Nag's Head public-house in York-road, Battersea—on the morning of 20th April I went into the bar and found the bar door open, a screw drawn out of the box-staple, and the staple drawn back—I found a wooden bowl which had contained silver the previous evening, lying empty on the counter—I went outside; a policeman was passing at the time; he came in and found that Rome one had gained entrance in the public parlour at the rear of the premises and that the perforated zinc blind that was put there was broken away from the window, and the window thrown up—any one could easily step in—I looked about and missed a tin box, containing above five pounds' worth of halfpence, from a cupboard underneath the counter; from a desk in the bar three pounds worth of silver, done up in separate parcels; and about one pound's worth of loose money from the till—I also missed a gold finger ring, three gold shirt-studs, and four silver spoons from the desk—I afterwards found the tin box up at the end of the garden, very nearly thirty yards from the house, empty—before that I missed an overcoat, a pilot jacket, and an ordinary coat, and discovered a cord jacket in the kitchen—this overcoat, studs, ring, and pilot jacket are mine—these are them (produced)—the ring is not here—the four silver spoons belong to the executors of the late George Pinnock—this is the jacket I found in the kitchen—the bar was secure the night before—I did not fasten the window—I fastened the bar door and the outer door.

Cross-examined by MR. COOPER.Q. Do you know whether the window was down or up? A. No, I do not—I came down about a quarter-past six—I looked at the clock at the time—I am quite sure this property is mine—I have worn the studs some time—the spoons are old family relics.

ELIZABETH HUGGINS . I am in the service of the last witness—I was there on 19th April last—I am quite positive the parlour window was fastened at night, and the blind down, but the shutters were not shut—it was about twenty minutes past 6 when I came down stairs next morning.

WILLIAM ABROOK (Police Inspector, V). I went to the Nag's Head public-house on 20th April last—I found the parlour window open, and on going outside I found the marks of a knife which had been inserted between the two sashes of the window to force the catch back—I then went to the bar, and found the door open, and a screw had been forced out of the box where the lock fits in—I received this jacket from Mr. Pinnock; he stated that he found it in the kitchen.

RICHARD HARRIS . I am assistant to Mr. Dicker, a pawnbroker, of Lower March, Lambeth—I produce four silver spoons, pledged at our place in the name of John Harris—I do not know who pledged them—the assistant who took it in has left.

Cross-examined. Q. I believe it is a very common thing for persons pledging to give an assumed name? A. Yes.

LEONARD HAYWARD . I am assistant to Mr. Robinson, a pawnbroker, residing at 1, New Park-street, South wark—I produce a coat pledged on 20th, and three studs pledged on 23d April last, in the name of John Harris, 3, Worcester-street—I believe the prisoner is the party who pledged them—I took in the coat, and I am almost positive I took in the studs.

Cross-examined. Q. Have you not said that you may be mistaken with respect to his being the man? A. I said I was very nearly positive—I may be mistaken; the party was dressed differently to what the prisoner is now—I sometimes see five hundred faces in the course of the day.

JOHNCHUTER (Policeman, L 123). I-was informed that I had to identify the prisoner at Wandsworth police-court on 16th of this month—this jacket was produced—I told the Magistrate the marks on the jacket before I saw it—there is a quantity of ironmould on the left arm and also a great hole in the pockets—I had examined the jacket before, when I had the prisoner in custody on 13th January, 1860—I never saw it from that time till I saw it at the Wandsworth police-court, and I then identified it as the jacket the prisoner had worn.

Cross-examined. Q. It was a year before that you saw that? A. Yes—I have seen a good many dirty coats like these; they look like marks where tools have been carried.

FRANCIS PAYNE (Policeman, V 88). I apprehended the prisoner—I went to Bury St. Edmunds and saw him there—I told him I apprehended him on a warrant, and told him the charge; he said, "They can't prove I did it"—I then said, "You are apprehended in consequence of a statement that you made to Mr. Glazier, the superintendent of police for Bury St. Edmunds"—he said, "It is true I sent for Mr. Glazier, and the reason I did it was because I wanted to get four years, so as to get rid of all my old associates"—I said I must take him to Wandsworth on this warrant which I had, and I read a copy of the statement which he had made to him—he said he belonged to Yorkshire, and his friends were very respectable people—I said with respect to the robbery, that the things had been found at the different pawnbrokers'—he did not make any reply to that—I did not go to the pawnbrokers' myself on the first occasion; I merely went to warn them to produce the property—the prisoner further stated that he did not know anything about the robbery till after it was committed.

BENJAMIN RICHARD ELLIS . I am warder of the Wandsworth House of Correction—I saw the prisoner on 20th January, 1860—I cannot swear to this jacket—the Nag's Head public-house is about two miles from the Wandsworth gaol, I should think.

NOT GUILTY .
ARTHUR PINNOCK, victim name in trial of WILLIAM LEE, 16th June 1862. ~~~ Deception > fraud ~~~ [Show/Hide]
673. WILLIAM LEE (27) , Unlawfully obtaining 6l. from Charles Gander. Second Count, Obtaining 17l. 10s. from Arthur Pinnock. Third Count, Obtaining 17l. 10s. from Henry Anthony, by false pretences.

MR. BESLEY conducted the Prosecution.

ARTHUR PINNOCK . I am a licensed victualler, at 7, Oxford-terrace, King's-road, Chelsea—on 22d March, the prisoner brought me this cheque (produced) and asked me to cash it—I told him I could not cash it then, if he would look in later in the day I would do it, as I was busy—he said, "I owe you a little account, you can take it out of it when you take the change"—I gave him a sovereign then, as he wanted some money; he said he was going a little way up the road—he called in afterwards, the same evening, and I gave him the remainder of the cheque, and he paid his little account, which was, I think, about 8s.—I asked him to endorse the cheque, which he did, in the name of Campbell—I had known him some eight months before by that name, living at No. 22, in the same terrace—I saw no more of him till he was taken in charge—I paid the cheque away and it was returned to me—I went on the Wednesday to the place where I understood him to live, and they said he had left; I did not see him—I was induced to part with the money on the belief that it was a good cheque, and knowing he was a neighbour I supposed it was all right—I asked him whether the cheque was all right, and he said "Yes."

Cross-examined by MR. PATER. Q. I believe you have known the prisoner some time? A. Yes; eight months—the cheque is on Marryatt and Price, for 17l. 10s.—I have always known him to go by the name of Campbell—I have known since why he went by that name; it was not for the purpose of fraud—I believe he was living with a woman who took the house in that name—I knew nothing against his character or I should not have cashed the cheque—I asked him if it was all right, and he said, yes, he had it of a friend—I do not recollect whether the friend's name was given—the first time he came was on a Saturday evening, about 7 o'clock, when I was very busy; and then he left it with me, and came about 9—I believed at the time that he acted perfectly bona fide in the matter, or I should not have cashed it—I believe he has been made a dupe of—I have expressed an opinion to that effect on more than one occasion.

MR. BESLEY. Q. If you had known the cheque to be fictitious should you have parted with your money? A. No; decidedly not.

COURT. Q. From your knowledge of him, did you believe his statement, that the cheque was good? A. Yes; and as a customer. (Cheque read: "Sir Charles Price Bart. Marryatt, and Price; pay Mr. J. Coleman or bearer 17l. 10s. 22d March, T.F. Remington.")

HENRY JAMES WOOD . I am cashier at Price, Marryatt, and Co.'s, bankers of King William-street—this cheque was presented to our firm for payment, and was returned, saying there was no account—we have never had any one named T. F. Remington, keeping an account at our bank—I have been in the bank about fourteen years

Cross-examined. Q. I suppose you keep yearly books? A. We keep books with names of persons who keep accounts at the bank—I searched the two signature books for the purpose of ascertaining—we have only two—Remington never had an account there—I do not know the signature on the cheque—we once had a person named Pearce—I do not know (that he adopted the name of Remington—I should know his writing if I saw it—his account is closed—I have not the books here containing the names—they are required at the office—I brought them here in the last case (See page 164).

COURT. Q. Is any part of this cheque in Pearce's writing? A. No.

HENRY ANTHONY . I keep the Barley Mow, Dorset-street, Baker-street, Marylebone—the prisoner lodged at my house about a fortnight—he came there the week previous to 19th April, which was the day upon which he presented this cheque (produced)—it was between 8 and 9 o'clock on saturday evening—he owed me 2l. 15s. 10d.—he said that he had received it too late to get it cashed at the bank, and asked me to advance him something upon it that evening—I gave him 2l. that evening, and two or three more on the Sunday—I owed a small bill at Dock's hi the Strand, and I went and paid the cheque there on the Monday—it was returned to me nine days afterwards as "no account"—I parted with my money because I believed there was money in the bank to meet it.

Cross-examined by MR. ORRIDGE. Q. Have you known the prisoner some time? A. I knew him a week before he presented no with the cheque—he was lodging at my house—he came back after five or six days to receive the rest of the money.

COURT. Q. Do you remember on what day he came there? A. I believe it was on the Monday week afterwards; and he slept there one night, and than I understood he took another lodging and slept there, and then he came to my house and slept there one night, and then he left—(This cheque was for 17l. 10s. drawn by T. J. Lawson and Co. on Messrs. Grindley and Co. dated 19th April).

CHARLES HANLEY . I am cashier to Messrs. Grindley, army agents, in Parliament-street—this cheque was presented to me for payment, on 28th April last—no cash was given for it, because we had no account of the drawers—it was signed by Lawson and Co., in favour of R. Lee, and we had not funds to meet it.

Cross-examined. Q. Do the different depositors enter their names in a book? A. No—we are obliged to take the list of them from letters; half our constituents are in India—I have not the book here in which we register our depositors' names.

COURT. Q. Are you able to say, of your own knowledge, that you had no account with those persons? A. I am.

CHARLES GANDER . I am a wine-merchant, carrying on business at Essex-street, Warwick-square, Pimlico—the prisoner brought me this cheque (produced) about twelve months ago, and asked me if I could give him cash for a

cheque for 6l.—I rang the bell for the waiter, and he handed the cheque to him to cash and he brought up six sovereigns and gave them to the prisoner—I parted with the money on the faith that the money would be paid for the cheque—the next morning about a quarter-past 9 I ascertained from Smith, Payne, and Smith's, that there were no effects.

Cross-examined. Q. The prisoner merely asked you to give him change for that cheque? A. Yes—I had known him about six weeks before, I suppose—I saw him at the police-station locked up, about five days, I should think, afterwards—I did not give him in custody upon that—he was taken in custody—the Magistrate discharged him, but the money was offered to me by three or four persons if I would not prosecute—three or four cheques were presented at the same time, which were forgeries—I was offered the money prior to the Magistrate's dismissing the case.

MR. BESLEY. Q. I believe at the time the Magistrate dismissed the charge, there was no other charge of fraud against him? A. Yes, there was, by a person in Wells-street.

COURT. Q. You say other persons had paid the money; did you hear anything from the prisoner about it? A. No, but from one of his accomplices.

MR. BESLEY. Q. Was there any one present before the Magistrate, giving evidence about the other cheque, at the time he was dismissed? A. Yes, the sergeant, and prosecutor of the other cheque—he had taken the money that was offered to him, but I would not do so—(This cheque was drawn by H. R. Johnstone and Co., in favour of George Miller for 6l. on Smith, Payne, and Smith, dated 3d June).

COURT. Q. What name did you know him by? A. By the name of Stratford.

BEN. SMITH . I am a clerk in the employment of Messrs. Smith, Payne, and Smith, bankers—I do not know when this cheque was presented there—it did not come to me personally—there is no person named H. R Johnstone banking there—I have looked, and I know it independently of looking—I have looked further back than the last eight or nine years.

Cross-examined. Q. Do you mean to say you know the name of every depositor in Smith Payne's house, without referring to your books? A. I could not know without referring—if this cheque were presented to me, not knowing it, I should look at the books to see—I do not know this writing—I should look at the book in which customers write their names.

MR. BESLEY. Q. Have you any knowledge of the customers drawing on Smith Payne's? A. Yes—I do not know any person named H. R. Johnstone.

WILLIAM BODEN (Police-sergeant, D 11). On 12th May, from information I received, I went with Mr. Pinnock to 12, Crawford-street—I went up to the first-floor and knocked at the door—it was answered by a female—I said, "Is Mr. Campbell here?"—she said, "No, he is not here"—I pushed the door open, went in, saw the prisoner sitting there in an arm-chair—I said, "Your name is Campbell; you are the man I want; I want you for obtaining 17l. 10s. by means of a false cheque, from Mr. Pinnock"—Mr. Pinnock had followed me into the room—the prisoner said, "All right, Sir; I have been made the dupe of others, will you allow me to go in a cab into the City and get the money to pay the amount, to pay Mr. Pinnock?"—Mr. Pinnock said, "No; I shall charge you"—I conveyed him to the Chelsea police-station—on searching him there I found in his waistcoat pocket this notice of a dishonoured bill, (Read. "Bill for 46l. 8s. 4d. drawn by James Rossi, on

F. R. Marriott, lies due at Alexander Ridgeway's, Leicester'square")—Rossi is the man who was tried yesterday—when I found that the prisoner said, "That is not mine."

COURT. Q. Was this—"Bill on Marryatt, Grove-house, Moscow-road, Bays-water, the bill belonging to Spalding and Hodges," written on it then? A. Yes.

MR. BESLEY. Q. How is it that the prisoner is here in the name of Lee? A. I cannot say—I find, on inquiry, his proper name is Lee-Stratford.

Cross-examined. Q. Do you know that he has been living with a woman, and has passed by the name of Campbell? A. Yes—he lived a very short time in the neighbourhood of Anthony, only a fortnight—I believe he is the dupe of others—I know the whole gang of them, and the man that was tried yesterday—I have known the prisoner connected with the gang about three weeks—they have been only three months in my neighbourhood, and during that time I have known them and had strict observation on them—the prisoner may have known them longer than three weeks for all I know—I do not swear he did not know them before—Mr. Gander was in the neighbourhood where the people used to live before.

GUILTY .— Three Years' Penal Servitude on each of the first two counts, the second term to commence at the expiration of the first.
GEORGE WILLIAM PINNOCK, victim name in trial of GEORGE SUMMERS, 2nd February 1863. ~~~ Theft > animal theft ~~~ [Show/Hide]
429. GEORGE SUMMERS (17) , Stealing 1 mare, value 4l., the property of George William Pinnock, to which he

PLEADED GUILTY .— Confined Twelve Months.

Before Mr. Common Serjeant.
ROBERT PINNOCK, witness name in trial of PHOEBE TURNER, 7th May 1877. ~~~ Breaking Peace ~~~ [Show/Hide]
448. PHOEBE TURNER (31) , Unlawfully publishing certain libels of, and concerning one William Turner.

MR. STRAIGHT conducted the Prosecution.

WILLIAM TURNER . I keep the Merry Monarch public—house in Herbert street, Hoiton—I have two brothers, Samuel and Joseph, Joseph is the prisoner's husband—he has been married to her fourteen years—I assisted Joseph to take a public-house, at Ramsgate, in 1871—between 1871 and 1875, I paid him many visits, and observed the prisoner's conduct—ultimately on the certificate of two doctors she was placed under restraint at the Peckham House Asylum—Joseph was compelled to give up his public-house, and he came and served Samuel, as barman—when the prisoner was discharged from the Peckham Asylum in September last year, she came to ay house and annoyed me several times—I threatened to give her into custody and she did not come after that, but she sent me abusive letters and post-cards—I have received seven in one day—I have burnt several—in January last, I received fourteen post-cards and one letter, in February, twenty-two post-cards and another letter, and in March twenty-seven post-cards and five letters—on the 31st March, I received the post-card attached 3 the-depositions—this letter I received on March 3rd. (These were of an indecent and otherwise offensive character.) They are the, prisoner's writing.

Cross-examined by the Prisoner. I assisted you financially and in superinimding the business—our family have not ill-treated you; I did not steal coats and things to cover my own nakedness.

Re-examined. I have been in business two years—I have had several houses—I never took anything from the prisoner—her intemperance would have ruined my brother.

ROBERT PINNOCK . I live at 23, Crystal Palace Road—I married Mr. Turner's sister—the prisoner was certified by two doctors to be insane, and I removed her to Peckham House Asylum—I first tried to reform her—I produce a packet of post—cards in the prisoner's writing which I received; I have received others which I burnt.

Cross-examined. I took you to the Asylum in June, 1875, I used no more force than necessary—my wife took nothing of yours.

Re-examined. Neither I nor my wife ever took anything from the prisoner—her husband sold her home in consequence of her being taken away and her intemperate habits—my brother—in—law was a very hard working man.

SAMUEL TURNER . I keep the Windsor Castle Inn, Old Kent Road—I have been there seven years—I am a brother of the prisoner's husband—when the prisoner was taken to the asylum, her husband came to me as barman—he was with me ten months from September, 1875—I gave him one guinea a week and his board and lodgings—when the prisoner came from the asylum, she called at my house four times to ask after her husband—once she asked for half a crown to pay for her lodgings—her husband left my service because he thought she would be an annoyance to me—I have since received forty—three post—cards, one envelope, and six letters in her writing.

Cross-examined. I told you not to come and annoy me or my family—I did not tell you your husband was living with a woman in Rye Lane—you were in the asylum six months—I do not think your husband was with me four months after that.

Re-examined. I employed the prisoner's husband, to enable him to support her—he was paying guinea a week to the asylum for her.

The prisoner read a written statement to like effect that she had been ill-treated, robbed and deprived of her home by lire husband's family.

HENRY MOIN . I am the prisoner's brother—I heard of her mental ailment, and knew of her confinement—I know nothing of her life after she left the asylum—I paid money for her support on her coming to London, and have been repaid.

Cross-examined by MR. STRAIGHT. I supported the prisoner from September to December—her husband then was starting in a new business, and was anxious she should not know his address—he paid me.

GUILTY— Six Months' Imprisonment.
GEORGE WILLIAM PINNOCK, witness name in trial of AARON MARKS, 10th February 1879. ~~~ Deception > fraud ~~~ [Show/Hide]
202. AARON MARKS (35) , Feloniously setting fire to his dwelling-house, one Rachel Kruntz being there in. Other counts for attempting to set fire to the house, with intent to defraud.

MESSRS. POLAND, STRAIGHT, and MEAD Prosecuted; MR. MONTAGU WILLIAMS Defended.

CAROLINE ROBINSON . About a year ago I came from Baltimore, and was servant to Mr. Levy, a bootmaker, at 19, Old Montagu Street—about seven months ago Mr. Levy went to lodge at Artillery Passage, and I went with him—about five months ago I left his service, and went into the prisoner's service at 19, Old Montagu Street—he is a tailor—I remained there till the fire happened—that was on 24th December, the day before Christmas Day—I slept in the basement, there is a kitchen there—there are two rooms on a floor—on the ground-floor there is a shop and parlour, on the first-floor is a front room where there was a sofa where the prisoner used to sleep, and a back room, a bedroom, where the prisoner's daughter used to sleep—she is a girl of about 14, and a Miss Moss, a neighbour's daughter, used to sleep with her—on the second-floor were the workrooms, the back room was where the machine was—there were no rooms above—on the 24th at 1 o'clock the prisoner's daughter and Miss Moss went to Stratford to see some friends—I was in her bedroom that morning and attended to it, the bed was made, and the room left all right—there was some paraffin in the house, in an ordinary pint bottle—I had bought a pint about a fortnight before, it was used for a night lamp in the daughter's room—it was kept underneath the dressing-table in the bedroom—I saw it there that day—I am sure it was not on the mantel-piece—the door of that room was always kept locked—I used to lock it, and the key was kept downstairs in a table-drawer in the kitchen—there was no fire in the bedroom that day, we never had a fire there—I was in the workroom that afternoon—there was a coke fire in the grate there—there were three workmen at work there that day—near about 3 o'clock the prisoner told me to put on my things and take some work to the shops—there were two bundles in the workshop—one was for Mr. Keen, of London Wall, and the other for Mr. Croft, of Shepherdess Walk, City Road—the workmen all left at 3.30—Morris was the last one to leave—the prisoner went out before him, directly he had told me to take the work to the shops—I was the last in the house—I put on my things, and took the bundles—I left no one in the house—it was 3.45 when I left—I had a key of the street door—it closes on the latch by slamming it—I took the key with me to let myself in when I returned—I delivered the bundles at Mr. Keen's and Mr. Croft's, and returned to the house after 6 o'clock—I found there had been a fire, and the engines and firemen were there—I kept my key in my pocket, and afterwards gave it up to the police—this is it (two keys produced)—the prisoner used to have the other key sometimes, and sometimes his mother-in-law, Mrs. Kruntz, had it—she had it that day—she lives at 16, Finch Street, Spitalfields, not far off—I could walk there in three minutes—she did not live at our house—she used to bring her husband's tea—he is a tailor, and worked for the prisoner—I know she had the key that day, because after the fire the firemen asked Mr. Marks for the key, and he went to his mother, and took it, and gave it to the fireman—that was after 9 o'clock that night—the daughter came home after 11 o'clock.

Cross-examined. The prisoner left the house before'me with a man named Friedenberg—I had bought paraffin before this—we use it to the machine mixed with oil—that was what I bought it for, and for the night lamp—I was not kept at the places where I delivered the goods—I was not tied to time—I did not hurry myself—I had not used the bottle for a couple of nights—the lamp had been supplied from the pint of paraffin for a fortnight—it is a very small lamp—this is it (produced)—it was used every night when I turned off the gas at the meter.

Re-examined. I sometimes used to let in the mother, and sometimes she would have the key with her and open it herself—I did not notice what quantity of paraffin there was in the bottle the last time I saw it—it was not empty.

By the COURT. It was lighted at 12 o'clock at night and kept burning till 6.30, when I went to wake the girl—the other paraffin oil was kept in a smaller bottle in the workshop—there were only two keys that I know of.

GEORGE WALTON . I am a builder, and live at 17, Old Montagu Street, next door to the prisoner—on the evening of 24th December, about 5.40, I heard an alarm of fire—I went into the street and saw fire and smoke coming from the second-floor front room window of No. 19, and the door was wide open—I went in and went upstairs to the second-floor front room; I found fire on and over and under the table—the window was open—there was no fire in any other part of the room; the table itself was on fire; there was more smoke than blaze—there was no fire in the grate—I then came down to the first-floor landing and went into the front room; the door was open—there was a couch in the room—I found an old lady there, she is outside now, she might be between 50 and 60 years of age; I think she had on a cap or kind of bonnet—she was in a stooping position; what she was doing I could not discern; there was no light in the room—I told her to come out, as the place was on fire—she said something in reference to a child, in consequence of that I felt round the room as far as I could, there was no child there—I had placed the woman towards the door near the staircase, and I then caught hold of her and carried her downstairs and into a neighbour's house opposite—she was no doubt able to walk, but she might have been confused—before I carried her down I noticed that the light was beginning to show through the floor where the gaspipe was—I returned to the house, hearing of an old man being in the back room—I went upstairs again and went into the second-floor back room; the door was locked; I burst it open—there was no fire there—as I came downstairs there was a policeman at the door—I then went to my own house and got on to the roof to look after my own property—some short time afterwards the fire was put out—about half an hour afterwards I saw the prisoner and Mr. Moss in the street between Nos. 17 and 19—Mr. Moss tapped the prisoner on the shoulder and said "You must thank Mr. Walton for saving the old lady"—the prisoner thanked me and asked me to have a glass of something to drink—we went to the corner house at the bottom of the street and had a glass of ale each, and the prisoner then said "I must go to the City Road to get my policy"—I said "Surely you are not going to a fire office at this time of night"—he said "No, I have left it in a shop in the City Road, it would not do to keep a policy in a thing like that".

Cross-examined. It was dark when I went into the room where the old woman was—I could not see what she was doing, more than the was in stooping position—I believe she was confused.

RACHEL KRUNTZ (Interpreted). I live at No. 16, Finch Street, about three minutes' walk from Old Montagu Street—I am a cousin of the prisoner; he is a widower—his wife was my husband's daughter, not mine—my husband worked for the prisoner—I recollect the fire; I saw it; I went to the prisoner's house that night—I don't know the time, it was dark—I went to buy some ribbons in Montagu Street, and I saw the flame and then I lost my senses; the flame was in the front part of the house; first of all I ran, but I felt ill and fell down, and then I was carried into the shop of Mr. Moss—I don't know who carried me; I was lying on the ground; I was bathed with water—I don't remember going into No. 19 at all; I don't know whether I was in there or not—I used not to go there of an afternoon to take the tea, I made the tea at home at my own place and gave it to the man when he came from synagogue—ten weeks before the prisoner's wife died I took the tea there to the work—people—I do not remember seeing the key of the house on the night of the fire—I did not have it—I had seen the prisoner that day at 12 o'clock—I saw him go along the street up to his room—I did not see him after that—after the fire I heard him in the shop at Mrs. Moss's—I did not see him, I was in bed at Mrs. Moss's.

Cross-examined. When I saw the fire I was in the street, there was a large big flame—I don't know how I was carried in; I lost my senses.

JOHN HAWES . I am a fireman at the Commercial Road fire station, about three minutes' walk from 19, Old Montagu Street—on 24th December, at 5.27 p.m., a lad came to the station and gave me information about the fire—I went there at once with two men—I found the door of the house open—I went upstairs to the back room first-floor, the door was locked—I did not see any key in it—I forced it open; there was no one in the room—I found the bed alight—there was no fire in the fire-place, a board was put in front of the grate—I got some water and damped down the fire—I had to turn the bed over before I could get it out—all the head part of the bed was on fire—no part of the room itself was burnt, only the partition scorched—there was a great deal of smoke in the room—after damping down the fire I shut the door and went up to the second floor; the door was open—I found a fire there well alight, it was all over the room, all the contents were one mass of fire—I then went back for the fire engine and the fire was put out—the fire in that room had burnt up to the front part of the roof where the window was, and it had burnt down through the flooring into the front room first-floor—there was no communication whatever between the fire in the front room second floor and that in the back room first-floor—I afterwards examined the bed in the back room first floor and found that it was saturated with paraffin oil—the police examined it, a piece of the bed was cut off—I did not notice a bottle in the room—there was no one in the house when I went in—I have had ten years' experience in fires—I should think the fire in the second-floor front room might have been burning possibly 10 minutes, it might have been I more, I could not say exactly—I could not say how long the bed had been I burning.

JOHN PLOWMAN . I am in the Salvage Corps, at the Commercial Road station—when the alarm of fire was given, I went to 19, Old Montagu Street, with Hawes—about 20 minutes after the fire was put out, I saw the prisoner in a house opposite; the lire had not been properly put out, the head of it had been taken off—I asked him if he was insured—he said, "Yes"—I asked in what office—he said, the Staffordshire Fire Office—I asked if he could give me a copy of his policy—he said no, it was a long way off, at his master's, and he would not be able to produce it for a day or two, as it was holiday time—I asked how he accounted for the fire—he said, "I have not been in the place all the afternoon"—he said, "I was here 10 minutes before the fire"—I said, "Were you in the place?" he said, "No, I was opposite, in the street"—afterwards, between 10 and 11, he gave the number of his policy to the man in charge, and he gave it to me—I did not see him produce it—I saw the paraffin on the bed.

Cross-examined. He said nothing about the servant—I said before the Magistrate, "He said his servant was the last person in the house at 3.30 that afternoon"—it slipped my memory if I did say it—I rather think he might have said it—I remember the servant speaking about it, and I was confounding the one with the other.

THOMAS BENTON . I am in the Salvage Corps, at the Commercial Road station—after the fire was put out I remained in charge of the premises—about 11 that night I saw the prisoner in the street, I spoke to him about the number of his policy and he gave it to me, he said I might as well take the key, and he gave me this key—I said, "That is the very thing I have been looking for—it is the key that opens the front door—I delivered it up to my mate Harding, who relieved me.

GEORGE HARDING . I am a member of the Salvage Corps—at 9 o'clock on the morning of Christmas Day I took charge of the premises—the last witness gave me the key of the front door—I examined the premises—there were two separate fires—on the mantelpiece in the first-floor back room I saw this pint bottle, it is an ordinary beer bottle; there was no cork in it—I did not move it, it was left there—the surveyor for the fire-office came to the premises on the 31st, after that—on 1st February the prisoner asked me if I would let him take the things away that remained, I referred him to the surveyor—he asked, if ho signed the paper to free the office from giving any compensation, would they allow him to have the things—I said most likely they would.

By the COURT. The fire was confined to the first-floor back and the second-floor front rooms—everything in the first-floor back was severely scorched, but only the bedding was burnt.

JOSEPH MARRIOTT (Policeman). On 2nd January I went with Sergeant Thick to the prisoner's house—we were in plain clothes—I said, "We are two police-officers come to examine the premises," he made no reply—he accompanied us upstairs—we went into the back room first-floor, I examined the bed in the prisoner's presence, the top of it was all burnt—the bedding had paraffin on it—I turned up the mattress and said, "Squeeze that," he squeezed something out of it—I said, "What is it?" he said, "It smells like paraffin oil;" I said, "How do you account for that?" he said, "I account for it, I have not been in the room for six months"—I pointed out to him how clean the paint-work was outside the room, no scorching from the lire, and I said, "There have been two separate fires;" he said, "I don't know anything about that"—I cut off a piece of the bed and Thick took possession of it—I noticed this bottle on the mantelpiece, there was no cork in it; I smelt it, it appeared to contain paraffin; there was a very small quantity in it—I took possession of the bottle; there was a mark on the mantelpiece where it had been standing, the rest of the mantelpiece was all smoky and steamy from the fire, the space where the bottle had stood was quite clean—I said, "What time did you leave your house on the 24th?"—he said, "Between 3 and 4 in the afternoon"—I said, "Where did you go to?"—he said, "I wont to a man named Goldberg, in Goulston Street, and then to a bootmaker's in Commercial Street, then I went to Webb's public-house," or "near Webb's," I am not quite sure which he said, "then I met a Mr. Friedenberg by appointment in the Commercial Road"—I said, "Did you! come near your house from between 3 and 4, until after the fire?"—he said, "No"—I said, "Are you quite sure?" he hesitated and said, "Well, I did come back just before half-past 5, and I looked through the grating to see if my servant was in"—I said, "Did you call in the house at that time?"—he said, "No, how could. I call in when there is only one key and my servant had got it?"—I then said "How do you account for this key?" Benton producing it at the same time—he said "I know nothing of it"—I then said I should like to see Mr. Friedenberg—he said "I will take you to where he lives, in the Commercial Road"—we went in that direction, and I noticed a man following us close behind, and I said to the prisoner "Who is this man following us?"—he said "That is Mr. Friedenberg"—he turned round to look at him—I said to him "Is your name Friedenberg?"—he said "Yes"—the prisoner said something to him in a language I did not understand, and I said "What you say, say in English"—the prisoner said "Do you understand German?"—I said "Yes, a little"—I then said to Friedenberg "Did you on 24th December, either day or night, meet Marks in the Commercial Road by appointment?"—he said "No, I did not, I was at Mr. Marks's between three and four, and left there with him; we went to Webb's public-house in High Street; we had a walk round, and came by his house just before 5.30; went into the comer public-house nearly opposite his, and I left him there"—the prisoner said nothing to that—Friedenberg then walked away—the prisoner seemed to become very excited and frightened, and said "I must have some brandy"—I said very well; and he went into the Duke of York in Martel Street, Commercial Road—he was in there about a minute or so—he then pulled the door open, and said "Come here, I want to speak to you privately; will you have anything to drink?"—I said, "No, thank you, I don't care for it"—he then said in a low voice "Well, it won't do you any good to put me in prison; you might as well have 7l. or 8l. for yourself"—I said "Is that what you wish to speak to me about?"—he said "Yes"—I said "I have an appointment with Sergeant Thick, you had better speak to him"—he then accompanied me, and I met Sergeant Thick—I said "Sergeant Thick, this man wishes to speak to you, or say something to you"—Thick said "What is it?"—prisoner said "Well, you don't want to put me in prison; I will give you and your mate 12l., 6l. each, and you can keep the darkey and Friedenberg out of the way, and you can throw that bit of stuff away"—that was the piece of bed-ticking that I had cut off—Thick said "Very well; meet us at 8 o'clock to-night in Black Lion Yard with the money"—the prisoner then went away, and we both went at once to Inspector Aberline and told him what had taken place—at 8 o'clock he went with us to Black Lion Yard—we waited an hour or more, but the prisoner did not come—I was with Thick on 4th January when the prisoner was taken into custody—Thick said to him "I am taking you into custody for wilfully setting fire to your house, 19, Old Montagu Street"—he made no reply.

Cross-examined. When I had the first conversation with the prisoner I did not tell him that I suspected him of setting lire to his house—I did not caution him—I told him we were two police officers, that was all—I did not tell him that what he said would be used in evidence against him, or any words to that effect—I put questions to him—I did not wish him to say anything—I suggested he should see Thick—my object was to get him to make the same statement to him about the money that he had made to me—I did not make any note of the conversation—what I have stated is entirely from memory—I keep a book for general work—I did not make any entry in that—he did not say a word to me about his policy, that I swear—he said nothing to me about inducing the Insurance Company to pay the policy—the 71. or 8l. had nothing to do with the question of whether the policy would be disputed or not—I never heard the policy mentioned, that I swear.

WILLIAM THICK (Policeman H 46). On 2nd January I made an examination of the premises, and cut off a piece of the bed-tick, which I produce—I saw the prisoner there between one and two o'clock, when Marriott was With me—I saw him again on the 4th, at Mr. Keen's shop, 51, London Wall, and took him into custody—he said nothing—I received this key from Caroline Robinson—he did not mention the Insurance Company to me—I had no conversation with him in Marriott's absence.

Cross-examined. I made no note of the conversation—I carry a book—I had it with me at that time—I did not caution the prisoner before I ques-tioned him—I told him we were police officers come to make inquiries.

WILLIAM ARMSTEAD . I am assistant to Mr. Pinnock, assessor of fire losses to the Staffordshire Fire Office, Limited—on 28th December, in consequence of instructions, I went to 19, Old Montagu Street—a tailor's business appeared to be carried on in the upper part of the premises—on 30th the prisoner came to Mr. Pinnock's office, and brought this written claim, amounting to 129l. odd—I found it was unsigned, and asked him to, sign it, which he did in my presence—I did not see the policy, or have any. conversation with him about the claim on that occassion—I looked over the goods at Old Montagu Street on the 28th, and put them down at 60l. if claimed as a total loss—I include the upper floor in that; that was burnt out—I estimate that at about 33l., half the value claimed—on the 31st December I noticed the paraffin on the bed in the first-floor back room—on seeing that I communicated with Mr. Pinnock—on 1st January, about 11 o'clock, the prisoner came to the office; he made a statement, which Mr. Pinnock read over to him, and he said it was correct—I don't remember that he signed it—on 2nd January I went again to the premises—Caroline Robinson was sent for—I heard the prisoner say in her presence "I was near the premises at 5.30 in the afternoon, and I looked down the area into the kitchen window to see if my servant had returned home"—I heard him say to the police that he had not a key—I thereupon said "Your servant has stated that you had"—I then called the girl forward, who was standing some distance off, and said "Repeat before your master what you have said to me"—she then said "We had a second key"—he said he had given it up to the salvage man.

Cross-examined. I said before the Magistrate "I examined the goods on the premises, and valued the total of them, if they had been totally destroyed, under 100l.," but I subsequently said 60l. on consideration—I said so far as the claim was concerned the goods roughly amounted to 60l., but the whole of the goods were damaged there by fire, water, and smoke—my meaning was, that the value of goods, damaged or undamaged, the total value—I did not intend to say that they were damaged to the amount of 60l., and I don't think I did.

Re-examined. I made a more minute examination a second time, and that confirmed my previous opinion.

GEORGE WILLIAM PINNOCK . I am the assessor to the Staffordshire Fire Insurance Company an 1 to Fire insurance companies generally—I took this statement from the prisoner—I read it over to him and he said it was correct. (Read: "Fire happened Christmas Eve; no one in the house. I had been to work until the afternoon. The workpeople were also there. My servant took the work to the shops; she is a South African, had been with me about six months. She was brought over by a man, a bootmaker, who used to live at my place. I have been a tenant of the house four years. I left the house after 3, between 3 and 4 o'clock, on Christmas Eve. I left the girl there. She took work to Mr. Keen, 51, London Wall, and to Mr. Croft, Shepherdess Walk, City Road. The work was packed up before I left, ready for the girl to take away. The first I heard of the fire was finding the fire-engines there after 6 o'clock. The girl had the key of the door. I had been to several places to buy things; at a goldsmith's in Goulston Street; his name, I think, is Jacobs. I am informed the fire happened about half an hour before I came back; there was gas in every room in the house. I turned the gas off at the meter every night, and then my child, 14 years old, had a night-light; for since my wife died she was so timid. The child was at Stratford at the time. Miss Moss sleeps with my child for company. I sleep on a made-up bed on the sofa in the sitting-room on the first floor. My tenant left about a fortnight before the fire; he gave me notice. I can't give any idea as to the cause of the fire. All was safe when I left. The girl had to dress herself and then go with the work; she had no necessity to have asked. She sleeps in the kitchen. The fire had not reached the kitchen or shop and parlour, but was confined to the work-room on the top of the house. I am not able to form any opinion as to which floor the fire began on.") I have had experience in estimating claims—I cannot say that I examined these goods—I looked over them—speaking generally, I agree with the evidence of Mr. Armstead as to value—I remember some observations being made about the key, and the girl Robinson made a statement about it—the prisoner said there was a second key, and when asked where it was he said it was with his mother.

WILLIAM KEEN . I live at 51, London Wall—the prisoner has worked for me as a tailor for about five years—on 24th December, some time after 4 o'clock, the girl Robinson brought me some work—in July last the prisoner entrusted me with this policy of insurance to take care of, and gave as a reason that he was going abroad—during the time I knew him I found him a very respectable, well—conducted man.

Cross-examined. That is the character that he has borne—I believe he did go abroad, and his wife died abroad.

THOMAS CROFT . I live at 73, Shepherdess Walk—on 24th December the girl Robinson brought me some work between 5 and 6 o'clock.

Cross-examined. My place is from about a mile and a half to two miles from the prisoner's—he has worked for me for the last 15 months—I always found him to be a respectably-conducted man.

The following Witnesses were called for the Defence.

MORRIS JACOBS . I live at 6, Samuel Street, and work for the prisoner—I did so in December last—on the afternoon of 24th, I remember his going out—I was on the premises after he went, and the girl Robinson also—he went away with Mr. Friedenberg—I left at 3.30, leaving Robinson there.

Cross-examined. I don't know who Mr. Friedenberg is—I have seen him there many times—he was a good friend of Mr. Marks—I know Mrs. Krantz, she used to come every day to bring tea to the old man—I saw her on 24th Dec. in the middle of the day, up in the workshop—she used to come in the middle of the day and in the evening; she would come two or three times a day—it was about 12 o'clock on 24th Dec that I saw her—I cannot say that I saw her later than 12—I can't say one way or the other—she was not in the house when I left.

GERSAU WEISSM (Interpreted). I live at 21, Newcastle Street, and am a traveller—the day before Christmas Day I was in Goulston Street between 4 and half-past in the afternoon and saw the prisoner there—we went to a goldsmiths, he went inside, I waited outside the door; when he came out we went together to the prisoner's house, we did not go in—we stopped outside the door about two or three minutes and then went away to Commercial Road, where Mr. Nathan met us—I then went away about a quarter to 5 or 5 o'clock—I cannot say exactly.

Cross-examined. The prisoner was quite alone when I first met him—I did not say before the Magistrate that he was with Friedenberg—I have been on intimate terms with the prisoner and frequently in his company, if I wanted a coat made or anything—I did not visit at his house or take meals with him—I had never been there before.

MICHAEL NATHAN . I live at 72, Umberstone Street, Commercial Road—on Christmas Eve I was in Commercial Road and saw the prisoner, it might have been a quarter to 5, or a little before—Weiss was with him; he left and I went with the prisoner to Umberstone Street to. see a man named London, he was not at home, we then went to a man named Baum, in Grove Street—I left the prisoner there—I think it must have gone 5 then—he was' in my company all that time.

Cross-examined. I knew him very well—I am not very frequently in his company—I met him casually—I am quite sure it must have been very close on 5 when I met him.

SOLOMON BAUM . I live at 75, Grove Street, Commercial Road—on 24th Dec. the prisoner came to my place with Nathan—I should say it was about a quarter to 6 as near as I can say—he only came to ask if my cousin had left, that is London—my place is about 10 or 12 minutes' walk from the prisoner's.

Prisoner received a good character.

NOT GUILTY .
MARY ANN PINNOCK, 25, defendant name in trial of MARY ANN PINNOCK, 24th May 1880. ~~~ Royal Offences > coining offences ~~~ [Show/Hide]
573. MARY ANN PINNOCK (25) , Unlawfully uttering counterfeit coin.

MR. POLAN. Prosecuted; MR. WILL. Defended.

EMILY BARBE . I am barmaid at the White Lion, Kennington Park Road—on 16th April I served the prisoner with twopenny worth of I whisky—she gave me a half-crown—I put it in the till and gave her 2s. 4d. change—there was no large money there—I served no one after—I wards—in about an hour Mr. Baddell came into the parlour where I was, and showed me a half-crown, which I found to be Dad—on 22nd April, almost at the same time, the prisoner came in—I recognised her directly she entered—she asked for threepenny worth of whisky, and gave me a half-crown—I took it to my master, who was in the cellar—he examined it, came into the bar, and said, "You gave this young lady a bad half-crown"—she said, "I was not aware it was bad—I am sure she is the woman who was there on the 16th.

Cross-examined. There are two tills—I went twice to the police-court—I said that it was Thursday when she first came, but I made a mistake; I said the second time that it was Friday—she was only in the bar a few seconds the first time—I had never seen her before—I was looking out during the week to see the woman again, and knew her directly she came in—she was dressed the same except her bonnet.

Re-examined. I am sure it was the day that Mr. Bennett brought me the half-crown into the parlour—I gave no change the second time. Samuel Bannell. I keep the White Bear—on 16th April I cleared the till just before 3 p.m., leaving the barmaid in the bar for half or three-quarters of an hour, and then I went in and she went into the parlour—I cleared the till and found one half-crown, which was bad, and other money—I took it into the parlour and showed it to the barmaid, who gave me a description—I put the half-crown on one side—on 22nd April the barmaid came into the cellar and showed me a half-crown—I went upstairs with her, and saw the prisoner in the bar—I said, "You have passed a bad half-crown"—she said, "I was not aware it was bad"—I said, "You passed one a few days ago"—she said, "I was never in the house before"—the barmaid said that she was quite certain of her, and I gave her in charge with the two coins.

ROBERT HOW . (Policeman L 246). I took the prisoner and told her it was for uttering two bad half-crowns—she said, "I was not aware it was a bad one, and I was never in the house before"—she gave her name, but said that she had no home.

Cross-examined. She said that she was an unfortunate, but said nothing about the money being given her by a gentleman.

ELLEN NORT . I searched the prisoner and found a good half-sovereign and 31/2 d.—she did not tell me where she got it.

WILLIAM WEBSTE . These half-crowns are bad.

GUILTY .— Nine Months' Imprisonment.
CHARLES PINNOCK, witness name in trial of CATHERINE TEMPLE,  28th March 1881. ~~~ Killing > Manslaughter ~~~ [Show/Hide]
377. CATHERINE TEMPLE (26) was indicted for, and charged on the Coroner's Inquisition with, feloniously killing; and slaying Annie Holloway.

Before Mr. Justice Hawkins.

MR. BRINDLEY Prosecuted; MESSRS. THORNE COLE and HICKES Defended.

ELIZABETH WHITEHEAD . I am a machinist, and live at 23, Parke Street, Drury Lane—the deceased, Annie Holloway, had been at St. Giles's Infirmary over four months helping—on Saturday morning, 6th March, she came to 23, Parker Street; it is a common lodging-house—she seemed in very good spirits—she went into the back parlour to lie down on the bed in the afternoon—about 9.30 in the evening the prisoner came in alone, and asked for a room for herself and her husband—she was told by Lizzie Edwards that she could not have one—she went into the back parlour and said to Holloway "You must come out of here, I want the room"—Holloway was sound, asleep, but she woke up, and the prisoner dragged her off the bed; Holloway said she would come out directly—a struggle occurred between the two—Holloway caught hold of the prisoner by the apron and tore it out of the band, and she fell on the floor against the door between the two rooms—she got up again, and went back into the back parlour—she said "I am going back to look for some halfpence that I dropped on the bed"—she returned into the front parlour, and the prisoner ran at her again, and they had a second struggle, until Holloway fell against the front parlour door—blows passed between them—I could not say that she was kicked; the prisoner attempted to lick her; I don't know that it reached her; she was near enough—the prisoner then went out into the street while Holloway laid on the floor—I thought she had fainted; I went and lifted her up, but she never spoke after—a doctor was sent for, but she was dead when he came.

Cross-examined. I have lived at this lodging-house between five and six months—during that time the prisoner and her husband had lodged there occasionally—I knew the deceased before she went into the infirmary—she told me that she had received an injury on the head from one of the lunatics in the lunatic ward—she was a delicate woman—she had not taken this room on this night, only the deputy told her to go and lie down, because the other part of the house was locked during the day—she was not undressed—there was no light in the room at first—I can't tell what took place between them when the struggle began—I could see them strike each other against the back-parlour door—I saw the deceased fall twice; the second time she fell against the threshold of the door—it was against the back-parlour door that she pulled the prisoner's apron off—while she was lying on the floor the prisoner was standing over her—it was a fight; it lasted about a quarter of an hour—I don't think the prisoner did kick her—I went between them each time—Lizzie Edwards and Elizabeth Chappel were in the room, and Fanny Evans, the deputy, was fetched while the fight was being done—Edwards and Chappell gave evidence before the Coroner—I could not tell whether the deceased was the worse for drink—the prisoner was; I am certain of that.

HENRY COLEMAN . I am deputy landlord of 21, Parker Street, next door to 23—about 11.30 on the night of 5th March the prisoner came there with her husband and child—they went into a room—I was outside in the passage—I heard the prisoner say "I have done for her with my boot"—at that time I knew nothing of what had happened.

Cross-examined. I had not seen the prisoner before—I know it was her that spoke, because there was no one else in the room—the door was closed; they are very old doors.

CHARLES PINNOCK (Police Inspector). About 11.15 on this night I went to 23, Parker Street—I saw the deceased lying on the bed—shortly after I went into 21 with Constable Mumford, and directed that the prisoner should be taken into custody—she was under the influence of drink—I took the charge at the station and read it to her; it was for causing the death of Annie Holloway—she replied "Why did she pull my apron off then?"—I saw no marks on the prisoner; she made no complaint.

SARAH WILSON . I am nurse in the Insane Ward at St. Giles's Workhouse—the deceased had been a helper there for a month—on the Monday before she left a patient named David struck her on the head with a broom, on the left side, above the ear; it bled—she was seen by Mr. Lloyd, the doctor—she was able to go about her duties as usual afterwards—when she left on Monday morning she appeared quite well and cheerful.

Cross-examined. She seemed well when with me; she did not look a strong woman—there was not a great deal of blood from the wound.

SAMUEL LLOYD . I am a surgeon, of 24, High Street, Bloomsbury—I attend to the patients in St. Giles's Infirmary—on Monday, 28th February, I saw the deceased shortly after she had been his by one of the patients—I did what was requisite to the wound; it gave rise to no serious symptoms—on Saturday, 5th March, I was called to 23, Parker Street, and found her dead—there was an abrasion on the nose, and a slight bruise near the right eye, both recent—next day I made a post-mortem examination—there was a recent bruise behind the left ear—I found effusion of blood compressing the spinal cord, which was the cause of death—a fall on the floor would produce it—I doubt if a kick would, unless it was a very heavy one—I don't think the injury on the Monday had anything to do with it.

Cross-examined. I did not find any fracture of the skull—I knew her well—she was a delicate person—effusion may be caused by sudden excitement. The Prisoner's Statement before the Magistrate. "I have lived in this place since the hopping, and I claimed the bed."

GUILTY Recommended to mercy by the Jury. —
GEORGE PINNOCK, witness name in trial of ALICE BENHAM,  29th January 1883. ~~~ Breaking Peace > wounding ~~~ [Show/Hide]
266. ALICE BENHAM (42) , Feloniously wounding Charles Goss, with intent to do him grievous bodily harm.

MR. KEITH FRITH Prosecuted; MR. FULTON Defended.

CHARLES GOSS . I am a porter on the Great-Western Railway, and live at Edenham Street. Kensal Green—on Sunday, 7th January, about 8 p.m., I was in the Craven public-house, Tottenham Street, Kensington—the prisoner was there when I went in—I knew her before—she came up and said "Shake hands, Mr. Goss"—I said "No"—she said "Will you have something to drink, and I will pay for it?"—I paid "No, I don't want it"—she said "You had me up before Mr. Sheil once, and you might have me up again; I don't care for Mr. Sheil or any other Magistrate"—I shifted away from her, and sat in a corner by myself, and I had not been there a minute when she came up with a tumbler with a glass foot to it in her hand, which she was drinking out of, then threw the contents in my face, and then used the rim of the glass like a hammer on my head and face and cheek, and if the people had not dragged me away I believe she would have killed me—I bled much, and was taken to the hospital—we lived in the same house, and six or seven months ago she cut my eye open with a saucer, and when she came out of Hammersmith Police-court she threatened me, and several times since—she got off then because my wife did not come up as a witness.

Cross-examined. The Magistrate dismissed the charge of cutting my eye open—that was six or seven months ago—she left our house after I summoned her, but I saw her very often—if I tried to shun her she came in my way—I have not charged her with taking things belonging to my wife—she gets drunk, but I can't say whether she was drunk on this night—I know no reason for her ill-will—I never gave her any provocacation—I don't know why my wife did not give evidence against her at Hammersmith—I asked her several times—she said she could not leave the children, and always made some excuse—I am on very good terms with my wife—she saw the cut on my eye—the prisoner was remanded three times, and yet my wife would not go.

GEORGE PINNOCK . I am a labourer, of 63, Southam Street, Westbourne park—I was in the Craven public-house, and saw the prisoner walk up to Goss and offer to shake hands with him—he said "No, I am going to have a pint of four-ale," picked up his pint of beer, walked across the bar with it, and sat by himself—she walked across to him, sat by his side, and drank out of his pint pot—he crossed to the other side, and she followed him, drank out of the glass which she had in her hand, and then threw the remainder in his face, rushed at him with the glass in her hand as he was sitting down, and struck him on the head several blows, and the glass broke and cut his face and head—he bled very much—she was sober—she said nothing; there was no quarrelling.

Cross-examined. If they had had a drink together I don't think it would have happened, but he refused—I was about three yards from them in the same compartment—the bar was pretty full—I am sure she struck him several blows, half a dozen, I should say—it took three blows before the glass broke—those were on top of his hat—I believe there is a dent in his hat (produced)—I stood watching the people who were trying to pull her away—the manner in which it was done suggested that it was a joke—I do not suggest that she struck him on the cheek with the broken glass, only on the hat and head.

BERTRAM THORNTON . I am house surgeon at St. Mary's Hospital—on 7th January, about 9 p.m., I saw Goss; he was sober—he had two cuts on his face and two on the back of his head—one was a severe cut on his cheek, three inches long, lacerated, and rather deep—the second was about an inch long outside the eye—the two wounds at the back of his head were about an inch long and not very severe—the broken edges of such a tumbler as this would inflict them—he is still being treated, and he will be permanently disfigured.

Cross-examined. It was a lacerated cut and too severe to have been done by the falling glass after the tumbler was broken on his head—you could scarcely have a more awful weapon at close quarters—the blow was diagonal.

THOMAS WRIGHT (Policeman XR 30). I was called to the Craven—Goss gave the prisoner into my custody, and the landlord gave me this broken glass—the prisoner said at the station "Yes, I did give it to him, and now I have had my revenge"—she was drunk and very violent.

Cross-examined. The divisional surgeon was called to dress her hand, and he said she was drunk—she called Goss names all the way to the station.

The Prisoner's Statement before the Magistrate. "All I have to say is it would have served him right if he had got it three times worse than he has for his lying old tongue."

GUILTY of unlawfully wounding.— Six Months' Hard Labour.
ALFRED PINNOCK, 21, defendant name in trial of JOHN TOMPKINS, ALFRED PINNOCK, 2nd February 1885. ~~~ Violent Theft > robbery ~~~ [Show/Hide]
267. JOHN TOMPKINS (20) and ALFRED PINNOCK (21) , Robbery with violence on Henry Lott Peach, and stealing his cap, stick, and 15s., his property.

MR. KEITH FRITH Prosecuted: MR. WARBURTON defended Tompkins.

HENRY LOTT PEACH . I am an oil and colour warehouseman, of 3, Wentworth Road, Mile End—about 12.15 a.m. on 12th January I was outside the Plough, Mile End Road—Tompkins came up and wanted me to fight—I said I did not understand fighting, I was going home—he then struck me on my face and knocked me down—I got up and attempted to strike him with my stick, but another person, who I cannot identify, threw me, and I fell on my face—I immediately rose again and told him I did not wish to fight, I was going home—Pinnock came behind me, put his right arm round my neck, and threw me to the ground—I turned round and was thrown on my right side; Pinnock laid somehow on my face, and Tompkins laid across my feet, and two other persons with them held my arms straight out across the pavement for some minutes—I was struck in the face—I got up and saw Pinnock running away, and Tompkins struck me in the chest and knocked me down again—I called out "Police; stop thief"—a constable came up; I made a statement to him; he gave chase to the prisoners—they were both perfect strangers to me—I was sober—I am quite sure they are two of the four men who assaulted me—after they had gone I missed my watch and chain—I always carry them loose in a pocket inside my waistcoat, the button of which was torn off; the waistcoat was torn open—the chain was not visible from the outside—I lost my cap and cane and 15s., which had been loose in my right-hand trousers pocket—soon after the robbery I saw the prisoners in custody in British Street, about 250 yards off—I looked on the ground afterwards, but saw nothing there of anything I had lost.

Cross-examined by MR.WARBURTON. I had been at Stratford for an hour—I left off work at 8, and walked back—I had only been in one public-house since 8 o'clock, about 10; I was in one at 6—at 10 o'clock I had one glass of ale; I was not fogged—it is dark in that street—this took place just outside a public-house; it was in a main road—there was not a soul to be seen then—I did not notice that Tompkins seemed to be in liquor when he wanted to fight—I was walking at a pretty good speed, and had done nothing to quarrel with him—he said "Halloa, you will have a fight with me, won't you?"—I had not pushed against him—there were not people coming out of the public-house then—there is another public-house 150 yards off, round the bend—the chain was on the watch, but loose inside my pocket; I never carry it fastened to a button—I had last looked at my watch at 12.5—it was a P. and O. cap and a bamboo cane.

WILLIAM FOREMAN . I am a provision merchant, of 13, Union Street, Malmesbury Road, Bow—a few minutes after midnight on 12th January I was in the Mile End Road, about to get off a tramcar, when I saw the scuffle; I was about 40 or 50 yards off before I got off the car—I turned back—when I got up Peach was on the ground and Tompkins was lying full length on the top of him, with his hands working here, as if he was sponging him—I could not make it out for a few minutes—Pinnock was in a half-stooping position over him, but he turned as soon as I got up, and said "I have hurt my wrist; he has struck me with a stick; he has broken it; take this stick away from him"—I turned and ran down Coburn Road—not finding a policeman, I crossed the road, and was turning back when I heard the cry of "Stop thief," and recognised Tompkins running by me and the police after him—I gave chase, and a constable caught him within a few yards from me—as the constable was taking Tompkins to the station Pinnock came up and said "I have been insulted, I have been struck; I will give a man in charge"—Peach was not there at the time; he came up and I said directly "That is one of the men; take him"—the constable held him—I followed to the station afterwards, and gave my name and address.

Cross-examined by MR. WARBURTON. I did not know Peach or the prisoners—this is a main street; there were plenty of people about, but not where this took place—the light is very bad; it is very dull.

THOMAS JARVIS (Policeman K 568). I was on duty in Mcklin Street, Mile End, heard cries of "Police" three times, went towards Mile End Road, and saw Tompkins knock Mr.Peach down outside the public-house—Tompkins ran away; I pursued him for 300 or 400 yards—I blew my whistle, and Lake 584 caught him.

HENRY LAKE (Policeman K 584). On 12th January, about 12.30 p.m., I heard a constable's whistle, went towards Mile End Road, and saw several men running—Tompkins was in front—I caught him in British Street after running 300 or 400 yards—I took him back to Peach, who stated that he had been robbed of a watch and money, and had lost his hat and cane, and described what had been done to him—Tompkins heard that, but made no reply.

GEORGE ORME (Policeman K 226). I was on duty in the Mile End Road, and heard a policeman's whistle—I went a little way and saw Pinnock running—I chased him about 120 yards, caught and detained him—he was by himself—Peach came up and said, "I shall give him into custody for being one of the men that assaulted and robbed me"—Pinnock said, "I will give him in custody for assaulting me"—Pinnock was taken to the station and charged.

Cross-examined by Pinnock. I chased you from the corner of Macklin Street to British Street.

Tompkins's Statement before the Magistrate. "I don't know any of the other young men. I was talking to a woman, and the prosecutor struck me with a stick."

THOMAS JARVIS (Re-examined). On Pinnock was found 9l. 10s. in gold, 1s. 3d. silver, 8 1/2 d. bronze, a cent piece in a purse, a gold watch and a silver chain, which have not been identified, a gun licence, a knife, a bunch of keys, a pipe, key, neckerchief, and this stick—nothing was found on Tompkins.

The prisoners received good characters.

Pinnock in his defence stated that Tompkins was a perfect stranger to him, that he was coming along the Bow Road when he saw the prosecutor flourishing a stick about that he spoke to him, when the prosecutor drew back the stick to hit him, and that he put up his arm, to save his head and the stick woke his wrist, and that then the prosecutor knocked him down; that he afterwards met the prosecutor outside the King's Head and wanted to give him into custody, but was charged himself.

PINNOCK— NOT GUILTY. TOMPKINS— GUILTY of assault with attempt to rob. Recommended to mercy by the Jury. — Six Months' Hard Labour.
 
GEORGE ALBERT PINNOCK, witness name in trial of JOSEPH BELL,  GEORGE BROOKS,  13th December 1886. ~~~ Theft > simple larceny ~~~ [Show/Hide]
107. JOSEPH BELL and GEORGE BROOKS , Stealing a bag of pepper and a bag of cloves, the goods of White, Palmer, and Co., Limited.

MR. BURNIE prosecuted; MR. ORDHAM defended Bell.

ROBERT BELL . I am no relation to the prisoner Bell—I live at 5, Lansdowne Cottages, and am a carman in the service of Mr. Peters, of 44, Tenter Street—he has a barrow in his warehouse—on Sunday, 28th November, the prisoner Brooks asked me to lend him the barrow for half an hour—I did so, and he never brought it back—I have since seen it at Seething Lane Police-station.

WILLIAM WESTOVER . I live at 23, Booth Street, Spitalfields, and am a labourer—I am 17 years old—I know Brooks; he is no relation to me but I call him "Uncle"—I go every Sunday to clean his pony—on Sunday, 28th November, he asked me to come and do a job at 9, Mincing Lane, at 4 o'clock, and bring the barrow and some sacks and baskets—I went at 4 o'clock with the sacks and baskets, and Brooks had gone on to 9, Mincing Lane—I met him there about 4.15, and he brought out a big bag full of goods and put it on the barrow—I don't know if the gate was open—he said "Take them to my place directly," and went back into the building—I had not got far when I was stopped by the police and taken to the station, and then charged before the Alderman with unlawful possession, and was afterwards discharged.

Cross-examined by MR. FORDHAM. I did not see Brooks open the gate; I was about three yards from it—I saw no one assisting him.

LEWIS STONE (Police Inspector). I was acting inspector at Seething Lane Police-station—about 4.10 p.m. on Sunday, 28th September, I was passing through John Street, Minories, with Sergeant Cook, and saw Westover with a costermonger's barrow with some empty sacks on it—about a quarter of an hour afterwards I was in Fenchurch Street, and saw him coming out of Mincing Lane with the barrow loaded; there was a large bag containing the smaller bags, and three or four big bags; I told Cook to stop him; he said something to Cook, in consequence of which I went to 9, Mincing Lane, and there saw Bell; I told him that Westover had stated that the things were brought from there, and asked him what he knew about them, and if he had any explanation to give—he said "No; I know nothing about it; they did not come from here"—I said "Have you the keys of the building?"—he said "Yes"—I said "Has anyone else keys of the building?"—he said "No one else but myself"—he opened the gate with some keys and spoke to us—I then examined the property; it consisted of 13 bags of pepper, four bags of cloves, and one bag of ginger, which was afterwards identified by the prosecutor.

Cross-examined by MR. FORDHAM. I think he had the keys in his hand, but they may have been on the baluster.

GEORGE COOK (Police Sergeant). I was with Stone—I have heard his evidence and agree with it.

Cross-examined by MR. FORDHAM. I did not see where the keys were taken from.

WILLIAM HARDING (City Detective). At 9 a.m. on 29th November I went to 9, Mincing Lane and saw Bell; he knew me—I said "I have, come to see you respecting a boy in custody who was found in possession of a quantity of pepper, cloves, and other things, which you know of"—he said he knew nothing about it—I said "The boy alleges that they came from this building, and he took them from a man named Brooks "—he said "I know nothing about it"—he also said "I saw Brooks at half-past three on Sunday afternoon through the gates; I said 'Halloa, Brooks, how are you?' he said 'All right; can you give us a nip?' I asked him what he meant; he said 'A drink, as the houses are closed; I said 'No, I cannot'"—I then said "Did you have anyone here yesterday with you"—he said "No"—I said "Did anyone have the keys?"—he said "No"—I said "The property has been identified as having come from Messrs. White and Palmer's sale rooms, and some of it was seen safe on Saturday afternoon; can you account for it having left the premises?"—he said "Only by the gates having been opened by a false key"—I said "They would require two false keys, one for the gate and the other for the sample-room"—he said "I suppose I shall be blamed as I was the watchman"—he was then given in charge and I took him to the station.

Cross-examined by MR. FORDHAM. I don't think my evidence as regards Bell has grown a great deal—I did not say anything before the Lord Mayor about telling him about goods being taken away that he knew of—I wish to explain: I said that I came to see him respecting a boy who was in custody for having a lot of pepper and other things that he knew of, because he had been spoken to by another officer—I have known Bell ten years, and he always seemed to me a respectable man.

GEORGE ALBERT PINNOCK . I live at 109, Peckham Rye, and am a clerk in the service of White, Palmer, and Co. (Limited), spice merchants, of 9, Mincing Lane—I was shown this property at Seething Lane Police-station, and identified it as my masters'; the value is about 10l.—it would take some time for one man to move it, it weighs about 4 cwt.—to the best of my belief every bag of that was in the saleroom on Saturday when it was locked up.

Cross-examined by MR. FORDHAM. I did not lock it—I do not know of my own knowledge that it was locked—after the rooms are locked the charwoman unlocks them to go in, and when she has done, it is her duty to give the key back to the watchman—this is a very large place, there are four flights of stairs and three floors to each staircase, with, I should think, about 60 tenants—these bags are of various weights and sizes, and the pepper bags weigh about 20 lb. each.

JOHN HILL . I am housekeeper at 9, Mincing Lane, City—the key of Messrs. White, Palmer, and Co.'s office is kept in my lodge; the key of the outer gate is kept by the watchman—on Sunday, 28th November, I left my lodge and keys in Bell's charge, and left him in charge of the place—on Sundays the two gates, one leading into Whitechapel and the other into Mincing Lane, are both kept locked—Bell is called the day watchman; he comes in the week during the day, and on Sundays he comes at 8.30 and leaves about 9 p.m.—the charwoman does not come on Sundays; the only person in charge on Sunday would be Bell.

Cross-examined by MR. FORDHAM. I left Bell in charge on Saturday night about 5 o'clock; I can't say whether the keys were then handed up and hanging in the lobby—the charwoman would have a right to take them out of the lobby—I don't know whether the gates were locked on Sundays or not—another watchman named Bateman came on on Sunday night; Bell had relieved him in the morning—the lodge is not a room, it is a sentry-box in the corridor; there is no fireplace in it—I have no particular recollection of this Sunday being a cold day—the watchman ought to have the keys on the front banister facing the gates or in his pocket—he has no right to go out for refreshment, he ought to bring it with him—we did not expect him to be in his box the whole time; he had to deliver letters on the Sunday over the whole building, and other work, so that he would be perfectly justified in leaving this gate for some time, but he would be within hearing of the gate bell—Brooks has been in the habit of coming to 9, Mincing Lane for some years; he is a wastepaper dealer, and Bell would know him to speak to—if anybody got in at the outer gate they would have no trouble in taking the keys out of the lobby if the door was open—I have known Bell 25 years, and he has been in my employment 12 or 14 years, and I have always had the highest opinion as to his honesty.

Re-examined. The gates ought to be kept locked on Sunday, and he ought to carry the keys with him.

FREDERICK BLUNT (Policeman 849). About a quarter to 10 p.m. on 8th December I arrested Brooks at a public-house in Globe Road—I walked across to him and touched him on the shoulder and said "Mr. Brooks, I want you"—he said "How do you know my name is Brooks?"—I said "I know you very well, I shall take you in custody for being concerned with two other men now in custody in stealing some spices"—he said "All right"—when I got in the Mile End Road he said "I will speak the truth; Joe the watchman unlocked the gates and let me in; he then went to the lobby, took the key from the hook on the board, took me to Messrs. White and Palmer's office on the first floor, and assisted me in bringing the stuff downstairs"—he also stated that the arrangement was made on the Friday previous to the Sunday, in the Ship public-house, Tower Street—I took him to the station and he was charged—on the way to the Mansion House last Friday, in the presence of Detective Harding, he said "I gave Joe, the watchman, a sovereign," pointing to the ship public-house as we passed, "and I was going to give him some more on the Monday."

Cross-examined. Bell was not within hearing when Brooks made this statement about him, and I have never got Bell to repeat it in his presence—I have known Bell for seven years, and have always known him to be an honest and respectable man.

Brooks's Defence. I am sure this man helped me to carry these bags downstairs, I could not carry them myself; and how should I know where White and Palmer's key was in that lobby? I admit I have been there of a night, but not in the daytime.

BROOKS— GUILTY .— Eighteen Months' Hard Labour. BELL— NOT GUILTY .
CHARLES HEATH PINNOCK, witness name in trial of FREDERICK BURDON,  7th January 1895. ~~~ Deception > fraud ~~~ [Show/Hide]
157. FREDERICK BURDON (20) , Unlawfully obtaining carpets and other goods, from William Whiteley, Messrs. Maple and Co., and John Barker and Co., Limited, by false pretences.

MESSRS. GRAIN and KERSHAW Prosecuted, and MR. HUTTON Defended.

HARRY DIX . I am carpet salesman to Maple and Co., Tottenham Court Road—on November 5th the prisoner came and said his name was Harvey, of 30, Talbot Road, Bayswater, and he wanted a carpet; he chose one, price £6 10s.—I said, "Will you pay cash?"—he said, "No, I am buying for my father"—I said, "Who are your father's bankers? I want a reference"—he said his father gave him no authority to do so, but added, "If you wish for a reference, we are well known at Whiteley's"—I left him for a few minutes, and returned and said, "We will accept a reference to Whiteley's "—he left, and in consequence of what he said, I allowed the goods to go.

Cross-examined. He purchased the carpet for his father—he simply said, "F. Harvey"—I have nothing to do with the counting-house.

CHARLES ROBERTS . I am a salesman in the carpet department of Maple and Co.—on November 6th the prisoner came for 11 3/4; yards of under felt, for putting under a carpet—it came to 15s. 8d—he then selected some linoleum and goods to the value of £3 9s. 5d.—he gave the name of F. Harvey, Esq., 30, Talbot Road, Bays water—I asked him if he would pay for the goods—he said, "No"—I said, "Have you an account?"—he said, "Yes; I want the goods home to-day"—I went to the counting-house, and in consequence of what was done there I let the goods go.

THOMAS JAMES GAMBLE . I am a salesman in the bedding department of Maple and Co.—on November 7th the prisoner came and selected bedding and other articles, which came to £5 8s. 6d.—he wanted them entered to his father-in-law, F. Harvey, Esq., 30, Talbot Road, who had an account with us, and gave the name of Russell, 24, Northumberland Place, Bays water—I went to the counting-house for instructions, and the goods were stopped.

Cross-examined. He did not give his own name as F. Harvey—Russell was the name where the goods were to be sent—this is my note-book—it contains an entry of the transaction—there is no person named Russell a customer of ours.

JOHN ARTHUR WHEATLEY . I am a clerk in the counting-house of Maple and Co.—on November 5th, in consequence of what Dix said, I telephoned to Whiteley's, and received a reply, in consequence of which I ordered the carpet to be delivered.

ERNEST EDWARD ELLIS . I am a ledger clerk at Maple and Co.'s—I have power to let goods go if I am satisfied with the references—on November 5th and 6th I authorised these goods to be sent—on the 7th I sent a letter, of which this is a copy, to Mrs. F. Harvey, 30, Talbot Road, Bayswater. (Enclosing an account for £15 3s. 7d.)—I received this reply.

HENRY SIMONS LAMBERT . I am a clerk in Messrs. Whiteley's counting-house, and was so when the prisoner was a clerk there—I have seen him write; this is his writing. (This acknowledged the receipt of the account, and requested them to send a full account when he had completed his order, and in the meantime to send the bedstead to his sonrin-law, and in future to address him, "F. Harvey, Esq.," and not "Mrs. Harvey.")

E. E. ELLIS (Continued). I then sent this letter. (To F. Harvey, Erg., dated November 9th, and requesting him to send £10 on account.)—I heard no more of him; we have not been paid.

H. S. LAMBERT (Continued). I know the prisoner as Frederick Burdon—he was in the counting-house up to August last—he was there about ten months, and had an opportunity of learning who were credit customers of Mr. Whiteley—Mrs. Harvey, of 30, Talbot Road, was one of them, and had been for some time—she was the only Mrs. Harvey in Talbot Road who was a customer—on November 7th we received this letter. (Signed H. Russell, 24, Northumberland Place, Bayswater, ordering tea, coffee, and chocolate, and giving as a reference F. Harvey, Esq., their customer.)—that is in the prisoner's writing—the goods were sent, but not being paid for they were returned—all these letters, postcards, and memoranda are in the prisoner's writing. (These were signed "F. Harvey," 30, Talbot Road, and one of them requested that the account might be kept separate from Mrs. Harvey's account. They ordered blankets, a quilt, ties, brushes, curtains, wine, a ham tobacco, cigarettes, and other articles.)—all those goods were delivered, except a bedstead and a fender—on the 19th or 20th we sent an account of all the goods in the provision department to Mrs. Harvey, and she made a communication to Mr. Whiteley—on November 23rd I went to 4, Chapel Street, Lamb's Conduit Street, where I saw the prisoner, and recognised him as my fellow-clerk, Burdon—he was living there as Burdon—I said, "You have been living at 30, Talbot Road, in the name of Harvey?"—he hesitated, and then said, "Yes, I have"—I said, "You have obtained goods from Mr. Whiteley in that name?"—he said, "Yes, I can use any name I please; a fellow must do something for a living, have I done anything that they can put me away for? most of the goods here do not belong to me, however did you know I was here? when I first went to 30, Talbot Road, I did not know that the occupier's name was Harvey, but having seen goods left without payment, I thought I might as well have a bit out of old Billy"—I suppose that meant Mr. William Whiteley—I said, "Come to Westbourne Grove"—he went there, and was detained while inquiries were being made—these two documents in Mr. Barker's case are both in his writing—he did not tell me he had got money in the bank and was going to pay.

Cross-examined. He had received a bill for £1 9s., and one of £8 had been sent in for the mattrass—I know that 30s. for the mat trass had been given to his landlady—he had been four years at Pawson's before he came to Whiteley's—each ledger clerk assists in posting the ledgers—the prisoner sat opposite W to Z, not opposite the ledger with Mrs. Harvey's name—he did not tell me he had just been married; he told me he was living then with a fellow who was in business in the City—I saw these new things all about the room; they are in the hands of the police.

By the COURT. I saw Mr. Whiteley's goods in the room—the value of the things consumed is very trifling; only the wine and a portion of the ham.

EDMUND ALLEGUEN . I am a ledger clerk at Mr. Whiteley's—on November 10th an order was produced to me, and I referred to the ledger, and finding that Mrs. Harvey, of 30, Talbot Road, was a customer, I gave orders for it to be delivered, without payment on delivery—if I had known that Harvey was Burdon, formerly a ledger clerk, I would not have parted with the goods.

CHARLES HEATH PINNOCK . I am confidential clerk to John Barker and Co., of Kensington—on November 17th this order form was handed to me with other letters of a similar character—we enclose the forms with the patterns. (This ordered 8 1/2 yards of fringe, handkerchiefs, and other articles to pattern, and stated, "Mr. Harvey wishes to open an account with you. Please enter to F. Harvey, Esq., not Mrs. Harvey. Reference to Whiteley.")—I believed that Harvey had an account there, and that he was justified in referring to Whiteley—had I known that his name was not Harvey, but that he was Burdon, a ledger clerk, I would not have sent the goods—we received this letter without date, but our reply is dated the 19th. (Ordering a lamp and shade, saucepans, and table-covers, giving the measurements.)—that order was executed; we have never been paid—the value is £4 0s. 10 1/2 d.

Cross-examined. The goods are all in the hands of the police except two handkerchiefs.

EDITH HARVEY . I am the tenant of 30, Talbot Road, Bayswater, and let part when I can—at the end of October the prisoner took a furnished bedroom at 7s. 6d. a week, and gave the name of Harvey—he is not a relative of mine—I am a widow—soon after he took possession some goods were delivered, and the bill was directed to Mrs. Harvey—I am a credit customer—I showed it to him; he said it was a mistake, and he would get it rectified—the goods were taken away by a cart, and I suggested that he had better get other lodgings.

Cross-examined. A mattrass was sent to him, the bill for which was sent to me—he paid me for it.

Re-examined. It was charged to my account—he gave me 30s., and I allowed him to take it away—he came next morning and asked for the 30s. back—I would not give it to him.

LUCY WILLIAMS . I live at 24, Northumberland Place, Bayswater, and let a portion of the house—on a Tuesday early in November, the prisoner came and took an unfurnished room at 3s. a week—he gave the name of Russell—I asked for a deposit, but did not get one—he said, "You had better not have a personal reference, write to Mr. Harvey; he is something in the City"—I did not do so—some grocery was brought—I refused to pay for it, and it was taken back—when he came I told him so, and never saw him again till he was at the Police-court—he never slept in the house—he came the following Saturday to know if the goods had come—he did not say that he had a banking account.

Cross-examined. He did not say he was taking the room for a man named Russell, he said for himself.

THOMAS MURGATROYD . I am a builder, of 4, Chapel Street, Lamb's Conduit Street—early in November the prisoner took two unfurnished rooms in my house, in the name of Frederick Burdon—he paid 10s., which was a week's rent, in advance, as a deposit—he only spent one night there, which was the night before he was arrested—the furniture came in, and he spent one night there with his wife.

JOSEPH PATON . I am a carman—on November 21st I went to 39, Chichester Road, Kilburn, and from there, with the prisoner, to 30, Talbot Road, Bayswater, and took about half a load of articles to Chapel Street, Lamb's Conduit Street.

ROBERT FULLER (Detective Officer) On November 23rd I went to "Whiteley's and saw Lambert and others, who made a statement in the prisoner's presence—a number of documents were shown to me—I said something about forging a request—the prisoner said, "Not so bad as that; I have not forged anyone's name "—he was taken to the station and charged with this offence—I found on him seven keys, some pawntickets, and 9d.—on the 24th I went to Chapel Street, Lamb's Conduit Street, and took possession of some goods, of which I have a list—all those things have been identified—on the way to the station he said, "I have been ill, or I should not have done this."

Cross-examined. He said, "Surely I may give what name I like?"—I found he was at Pawson's four years.

GUILTY — Nine Months' Hard Labour.
CHARLES HEATH PINNOCK, witness name in trial of FORRESTER KENNEDY, HENRY ROBERT ELTON, 3rd February 1896. ~~~ Deception > fraud ~~~ [Show/Hide]
223. FORRESTER KENNEDY (28) and HENRY ROBERT ELTON, Unlawfully conspiring to obtain, and obtaining, by false pretences from Mary Harriet Maclean, £100, and other sums from other persons with intent to defraud.

MESSRS. C. F. GILL, BODKIN, and GUY STEPHENSON Prosecuted, MR. MARSHALL, Q.C., and MR. TRAVERS HUMPHREYS Defended Elton, and MR. J. P. GRAIN Defended Kennedy.

HARRY FREDERICK CHITTOCK . I am a clerk in the office of the Registrar of Joint Stock Companies—I produce the file of the American and Parisian Massage Company, Limited, which was registered on July 3rd, 1894, by Messrs. Lever and Nelson—the nominal capital appears to be £10,000, in 2,000 £5 shares—the original signatories are Bragg, Broad-bridge, Marks, Willmore, Blackburn, Romilly, and Atkinson, with one share each—the registered office is 6, Artillery Street, E.C.—I find a letter on the file signed Forrester Kennedy, and dated December 19th, 1894, enclosing the annual return—the shareholders in that are the seven original signatories, each with one share, with the addition of Kennedy, who holds 900 £5 shares—I find by the articles and memorandum of association that the object of the company is to carry out an agreement between Kennedy and the company—there is no such agree-ment on the file.

Cross-examined by MR. MARSHALL. The contract may be in existence, but unfiled—the latest paper I have here is December 19th, 1894—Elton's name does not appear here.

Cross-examined by MR. GRAIN. I have no prospectus here.

THOMAS WILLIAM WATSON . I am a gun-maker at 29, Old Bond Street—in May, 1894, my first floor was to let—I got into communication through a house agent, with Kennedy who wanted it for the offices of a massage company—I agreed to let the two rooms and a lavatory on the first floor for £150 a year—the first quarter's rent was to be paid in advance, and was paid—some time after the rooms were taken Kennedy went there—furniture was brought into the front room, and there may have been some in the back room, but unimportant—Kennedy came in the morning and left in the evening—a brass plate, with the name of "The American and Parisian Massage Co., "was put up on the street door posts—Mr. Faithful appeared to be there daily, and took part in the business that was going on—on one occasion a number of ladies came, on separate days—it came to our knowledge that they came in answer to an advertisement—on several occasions Kennedy spoke of the company being formed, and said it was going on swimmingly—a few days before Michaelmas quarter-day, when the next rent would be due, I saw Mr. Faithful giving directions for some furniture to be taken away—Kennedy afterwards said that he had been very badly served; that it was practically taken away from him—as to the rent, he said we should not lose anything—I did not get my rent—some days afterwards I got the keys—that was the last I saw of Kennedy.

Cross-examined by MR. MARSHALL. I did not see Elton in the matter.

Cross-examined by MR. GRAIN. Faithful was much more regular in attendance than Kennedy, and more frequently there, and seemed to take the general conduct of the matter more actively than Kennedy—I saw him after I got possession of the premises—he said he would do his best to get me the rent—there was a three years' agreement.

ARTHUR HERBERT FAITHFUL . I am employed at 2, Coleman Street—in June, 1894, I answered an advertisement in a newspaper for a secretaryship—I received an answer, and went to 29, Bond Street, where I saw Kennedy—he said he wanted a secretary for the American and Parisian Massage Company, and showed me a prospectus of it—my salary was to be £150 a year—an arrangement was made for me to go to Mr. Sherwin White's office in the Wool Exchange—I went there and saw Kennedy and White, and was practically engaged as secretary—that day or next day there was a meeting of the signatories of the company, at which I was present—I took these minutes. (These were dated July 17th, 1894, and stated that Blackburn, Marks, Broadbridge, Willmore, and Romilly were precent; and that it was resolved that the draft contract referred to in the memorandum and articles of association be adopted; that one share each be allotted to the signatories and 900 to Forrester Kennedy; that Mr. Trimnel be solicitor, Mr. Faithful be secretary at £150 a year, Mrs. Emily Wilson be lady superintendent at £100 a year and 2 1/2 persent, on the next proceeds of the Bond Street Branch; and that Dr. O'Connor be medical officer of the company.) I took up my secre-tarial duties at Old Bond Street—I had very little to do; a few applications for posts as massueurs came in, otherwise no business was done—I was there from ten a.m. till four or five p.m.—I had not much to do; I smoked a pipe, and wrote a few letters occasionally, and went to Sherwin White's occasionally—a few people came in every day—Kennedy was there nearly every day—he did some correspondence, and saw people who came—no books were kept, except this minute book—no money was ever paid in to my knowledge—no shares were taken—Kennedy gave me some shares to try and dispose of—if I had sold them the money would have been paid into the bank—I did not dispose of them—I did not bother much, because I saw no money coming in—my brother hat them now; he paid nothing for them, they were deposited with him—Mr. Bridge was a visitor at the office—I was present at a second meeting of the signatories when they appointed Major Claridge and Or. Burrell as directors—they each had a qualification of five shares; Major Claridge's were given to him by Kennedy out of his 900; Dr. Burrell was going to pay for his, I understood—I received no money from either of them—I don't think the five shares were ever given to Dr. Burrell—rafter about two months I got letters from Claridge and Burrell, resigning; I showed them to Kennedy—we had no dealings with the City Bank, Bond Streets who were named as the company's bankers; nothing was ever paid in or out—I did not get one halfpenny of my salary—I asked Kennedy for it; he always put me off—I took the furniture on August 31st, and sold it; for £10, which I kept in lieu of salary—I saw Mrs. Emily Wilson; she was appointed manageress of the Bond Street Branch; but it was never opened—I think, if money had come in, the branch was to be started at once on other premises—I saw this prospectus of July 20th, 1894—I have here the agreement of July 17th, 1894, between Kennedy and the company, and this memorandum of association which I read out at White's office to the signatories, and then it was handed to the solicitor of the company.

Cross-examined by MR. MARSHALL. I never saw Elton—as far as I know Sherwin White was promoter of the company—he told me about the first time I saw him that £3,000 was promised to be subscribed to the company—I believe Mr. Trimnell, who was solicitor at that time to the company, is very respectable—he was a friend of my brother; he acted for the company as solicitor as long as I knew the company.

Cross-examined by MR. GRAIN. I am now clerk to my brother who is secretary to the Buenos Ayres Western Railway—I was in the Navy as sub-lieutenant—I told Kennedy I had no doubt I could procure subscriptions to the extent of £1,000 for this company if £3,000 were already found—I said I thought Mr. Somerset, a friend of mine, would go in for the company—I then believed in the bona fides of the company—I believe if the money had been there it would have paid very well, and if conducted by persons who understood the massage business—Kennedy would have come down a great deal in his terms to the company—he was, ready to do that; and then it would have paid very well if we had got the money—he was hopeful and sanguine as to the success of. the company; and I was hopeful at first—I have brought no action against Kennedy for my salary; about £24 was due when I took the furniture—I sold it for £10—I got the furniture man to come and value it, and take it away—Kennedy was a medical student, at Edinburgh, I believe—Mrs. Wilson called several times, I have not met any of the other ladies.

Re-examined. I left the Navy in 1885—I thought this would turn out a good thing if it were started—I have no doubt Kennedy would have taken less than £4,500; I daresay he would have been content with £200 in the end, because he had not much to sell, only "Dr. Wilson's Skin Tonio"—I don't know that he would have taken anything from £4,500 to £5.

EMILY WILSON . I live at Blackpool, and am a widow—in May, 1894, my attention was attracted by this advertisement in the Daily Telegraph, to which I replied—I received this answer from Kennedy on May 15th, 1894 (asking her to call, and stating that a small sum would have to be invested as security)—I desired to obtain employment where the duties were light—I came to (own, and saw Kennedy at 4, Abingdon Villas, and afterwards went to 31, Wool Exchange, where I saw White—Kennedy told me I had been appointed as lady superintendent to the company at £4 a week, but that I should be required to find £200 as security for the money that passed through my hands—I returned home, and on May 21st I forwarded a cheque for £100 to Mr. White—I received a letter of May 22nd from Kennedy, acknowledging the receipt of the cheque for £100 by White—I afterwards forwarded a second cheque for £100 on May 24th to White—on June 1st I received this acknowledgment from Kennedy. (The receipt was for the balance due for preliminary expenses in accordance with the agreement; and the agreement was that in consideration of her providing £200 towards the preliminary expenses of promoting the company the would be appointed superintendent at £4 a week, and receive 200 shares as security.) I subsequently came to town, and went to 4, Abingdon Villas and Bond Street—no business was done there—I got no employment—I asked Kennedy for my money back, but could riot get any of it—I have lost the whole £200—I had no money passing through my hands—I saw a printed prospectus like this, with my name on it—I never saw Mr. Trimnell, the solicitor, or Mr. Clarkson, the auditor, or Dr. O'Connor, the medical officer—I saw Mr. Faithful once.

Cross-examined by MR. MARSHALL, I never saw Elton.

Cross-examined by MR. GRAIN. White was the company promoter—as far as I saw he was really the active person; he was to find the money—I understood that from Kennedy all along—White was to finance and promote the company—Kennedy always expressed the belief that, if the money was found, the company would be a paying concern—he said he had many promises through White and others that the shares would be taken up—he expressed himself on several occasions disappointed that the promises had not been fulfilled—he was always in hopes—both the cheques I sent were payable to White's order and crossed, and were paid bearing his endorsement—I did not talk over the matter with Mr. Deighton, my solicitor, before I parted with either cheque, I did afterwards consult him—I took no proceedings to recover the money—the Public Prosecutor communicated with me about last December; up to that time I had no idea of taking proceedings against Kennedy or any one else.

THOMAS BIRD LEVER . I am a printer, of 9, Gracechurch Street—I registered the American and Parisian Massage Co. at White's request, and, subsequently, at his request, did printing for that company—between May 25th, 1894, and April 11th, 1895, I printed about 17 different prospectuses, each containing alterations, at White's direction—I printed 500 copies of one prospectus, when the premises were opened at Bond Street—I printed this book of 250 share warrants in June, 1895, at Kennedy's request, and gave it to him when he called—the prospectuses were paid for, the share warrants were not—these are specimens of the prospectuses.

Cross-examined by MR. MARSHALL. I had known White for some years, and had done a great deal of business for him; all the orders for printing the prospectuses came from him—I printed the 500 prospectuses in 1894, when the office was in Bond Street; the other prospectuses were limited to proofs; they were substantially the same, the principal difference was the names on the front—I had no orders from Elton—about May, 1895, I saw Elton who asked me if I knew White, and whether he was respectable—I said as far as I knew he was all right; I had done a great deal of work for him, and he had always paid me—he is a company promoter—I think Elton did not know him up to that time—I think I asked whether he was going to pull the company through, and he said he believed he had got some one to put money into it, and he hoped to do so—I only knew by sight Mr. Trimnell whose name appeared on some of the prospectuses as solicitor.

Cross-examined by MR. GRAIN. All directions for the alterations came from White, and I sent in the bill to him and in his name, and he paid it—I was sending the book of share-warrants to White's address when Kennedy came in for them—it would be the practice to send them to the promoter.

Re-examined. I have not seen White lately—no share-warrants have been taken out of this book.

SIDNEY ERNEST STAINSBY . I am a printer, of 180, Brompton Road—at the beginning of July, 1894, Kennedy came and gave me some orders for note headings and envelopes—the printed heading was "The Massage Company, 29, Old Bond Street"—a few days afterwards he came and gave me an order for 250 share warrants for that company, which I printed—I was not paid for anything.

Cross-examined by MR. GRAIN. £2 4s. 6d. is the amount of the unpaid account.

Re-examined. I am subpoenaed by the Treasury here.

GEORGE ROBINSON . I am in the employment of Messrs. Maple and Co.—in June, 1894, Kennedy ordered from us furniture to the value of £19 odd, which was delivered at 29, Old Bond Street—we got no money—we got judgment in the County Court, which was unsatisfied.

Cross-examined by MR. GRAIN. We heard afterwards that it had been removed—after applying for payment, I saw Kennedy on 26th January, 1895, who said he could not make any proposal then for payment, but he would do so as soon as possible—the furniture was ordered for himself—Blackburn, who signed the memorandum of association, held a good position at Maple's over twenty years ago; we knew him as a very respectable man—he is alive—I never heard till this moment that he signed the articles of association.

EDWARD LOWDELL . I have no occupation—I live at 5, Bathurst Street, W.—I saw an advertisment in the Daily Telegraph at the beginning of 1895, and in consequence went to Sherwin White, 31, Wool Exchange—I was looking out for a directorship—I had some conversation with White, and he suggested I might become a director of the American and Parisian Massage Company—I went on one or two occasions to his office, where I saw Miss Shakespear, Mr. Bragg, Dr. Torrance, Walker and the prisoners—about middle February, 1895, there was a meeting at White's office at which I and the prisoners and Miss Shakespear were present, Dr. Torrance being in the chair—there was a discussion that the vendors offered certain things to be sold, and suggested that a place should be opened in Jermyn Street and branches opened in the country—the Jermyn Street place and the branches were to be a going concern before the company took them over—Dr. Torrance suggested that, and that was agreed to by the other directors present—I was not aware I was a director—I invested no money in the company; no one did, so far as I know—I received a letter from White and went to another meeting—I went to Jermyn Street once, at the invitation of one of the prisoners; nothing was going on there; there was some furniture in the house—I saw Miss Maclean there—Kennedy went with us there—I don't believe the name "American and Parisian Massage Company" was up outside then; afterwards I think it was—on another occasion there Kennedy told me that Miss Maclean was a friend of his wife—on one occasion, as I was leaving, she asked me, in Kennedy's presence, whether I thought the business would be a success—I said I could not tell; or words to that effect—Kennedy was behind me on the stairs, and he sort of pushed me, and hurried me on, Miss Maclean being left on the landing—on another occasion I saw Miss Clarke at Jermyn Street—I asked Kennedy about her, and he said she was lady manageress, I think—I was never a director—I think I heard Miss Maclean's name mentioned at the meetings at White's office; I don't think I heard of Miss Clarke there—nothing was said to my knowledge about any money having been paid by either of them—I think something was said at one of the meetings about one of the ladies having paid money—I think I went to two or three meetings; no business was done—after a visit to Jermyn Street, in consequence of what I saw there, I went and saw Miss Clarke at Brentford and made a communication to her—I saw Miss Maclean and told her something—I then sent in a letter refusing to have anything to do with the company—that was about April, 1895, or a little later perhaps—I received at White's office a cheque for two guineas.

Cross-examined by MR. MARSHALL. My first acquaintance with White was when I answered the advertisement in the paper—Dr. Torrance did all the talking at the first meeting, which lasted from one and a-half to two hours—I believe Miss Shakespear had a massage practice to dispose of, or some connection among people who liked that treatment, and that that was the object of her meeting the directors on that day—the company did not want to take over the business in Jermyn Street till Kennedy had got things into working order—I would not be concerned in what I knew to be a swindle—I considered it to be a perfectly bona-fide concern at the time; I did not trouble about information; I simply answered an advertisement and went there—the time was chiefly occupied in going through a draft prospectus that was put on the table; Dr, Torrance went through it and made some alterations—I did no criticism of it—I was not a director then, I went with a view of being a director—when I found there was nothing to sell I did not trouble much about it—I attended at Coleman Street after that because Mr. White wrote me some letters—I wrote on February 7th, 1895, "On the conditions arranged between us I shall be glad to become a director of the American and Parisian Massage Company"—on that date I was prepared to become a director—if it is stated in the depositions that I said the day I was appointed a director may have been March 15th, it is correct—I dispute that I was appointed a director—I saw a prospectus with my name as a director; I understood it was only a draft, and that none were issued to the public—I cannot say if a resolution was passed on March 15th, 1895, that Mr. Trimnell's resignation be accepted, and that Mr. Elton be appointed solicitor to the company; if it is down it was—I understood I was to be qualified by having a certain number of shares presented to me—my interest in the company was to be nil—I was willing at that time that my name should appear as a director—my remuneration was to be a guinea at each meeting—no shares were ever allotted that I know of—a resolution was passed on May 16th, "That the appointment of Mrs. Norris as secretary be cancelled, for the reason that she has not fulfilled the qualification"—I dispute that I was a director—at the first meeting it was settled that when the vendor established the thing as a going concern we would take it over; as we had not taken it over, I can only surmise that the company was not constituted—I received a cheque for £2 2s., but I dispute that I was a director—I had that money for the trouble in going there as a prospective director; the waste of time—mention was made of Mrs. Norris, but I don't remember any suggestion being mode that her money should be returned to her—I remember a resolution on May 22nd that Kennedy be appointed a director to join the Board after allotment—I resigned my connection with the company soon after June 7th, 1895, when Elton resigned his position as solicitor—at one of the meetings Elton said he had engaged Miss Maclean—he did not have notice on behalf of the company to engage a lady manager—the arrangement between Kennedy and the company was that he should engage the staff, and that the company should take to it when the company was completed—he did not mention the terms on which he had engaged her.

Cross-examined by MR. GRAIN. I made White's acquaintance through the advertisement—from the beginning to the end of my transactions with reference to this company, all the matters were practically with White—my negotiations were with White and Kennedy—I believe White was the promoter of the company—the public were to find the money, I believe—this is my signature to the minute that Kennedy be a director, to join the Board after allotment.

Re-examined. The advertisement was for a director—I attended four or five meetings—Dr. Torrance and Mr. Hughes Walker were there as directors—I know nothing about the bank, the auditor or the medical officer of the company—I do not think I read the prospectus; Dr. Torrance read it at the first meeting; that was a preliminary meeting—I thought the thing was in the future—I had no knowledge of Mrs. Wilson or Miss Clarke—I am not a director of any company introduced to me by White—I am the director of a Leicester quarry company—I am not a director of the Ventor Gap; I was asked to be, and my name was on the prospectus—White introduced that to me—this thing turned out so badly that I refused to have anything to do with it.

GEORGE HENRY TORRANCE , M.R.C.P (Ireland). About the beginning of 1894 I became acquainted with White—I received a communication from him, and went and saw him at Coleman Street—at the beginning of 1895 I attended a meeting at which Lowdell, White, Kennedy, Miss Shakespear, and some other proposed director were present—I had received a draft prospectus before I went, and had gone through it; it was something like this one; the names of two directors were written on it—my name was there, but they did not know who I was for they put me down M.R.C.S.—we discussed this prospectus at the meeting, and the articles of association, and when that had been done I asked White what Kennedy bad got to sell for this large sum—he said he had some skin wash or something, which I said was perfectly worthless; I did not countenance it at all, and I told him I did not think that was worth consideration—I said, "Is there any business to sell to the company?"—I was referred to Miss Shakespear, who was present—either White or Kennedy said that she had a connection as a masseuse—I asked her had she a business to dispose of—she said she had a good connection with the medical profession, and she thought she could concentrate it if a place was established—I said, "You will establish this business first; when you have a business to sell, I will reconsider the matter; until then I will not have anything to do with it—both my brother directors acquiesced in that; and White said, "Now, Miss Shakespear, you hear what you have to do;" and then the matter terminated, and from that day until June, when I got this letter from Elton, I heard nothing of the company—that was my whole connection with it—I could not have been a director because I never subscribed one penny—that was the only meeting I attended—I never authorised my name being put upon a prospectus—it afterwards came to my knowledge that my name was upon a prospectus—I received a letter from Elton last June. (This stated that in consequence of Forrester's improper conduct at his office that morning he, Elton, had resigned his position as solicitor to the company.) I sent this reply on June 8th. (Stating that he had no idea the Massage Company was in existence; that he had said he would join it if it was formed, but that he had heard nothing of it since.) I called and saw Elton, and I afterwards saw Kennedy—I asked why my name appeared on the prospectus. I received no explanation—I said, "Under the circumstances I must request you to write me a letter stating that my name was used without my knowledge and sanction, and you must undertake to have all the prospectuses destroyed on which my name appears, and not to solicit subscriptions on those prospectuses"—I received this letter from Kennedy to that effect—I also went to White and requested him to see the chairman of the meeting at which he said the directors were appointed, and get him to write me a similar letter—he would not do that, but he wrote to say the chairman had signed the minutes of a meeting stating that I had not been appointed a director—I had no knowledge of money being obtained from Mrs. Wilson, Miss Clarke, Mrs. Norris and Miss Maclean.

Cross-examined by MR. MARSHALL. Before I went to the meeting I received a prospectus, which I went through—there was no chairman at the meeting; it was only a gathering together of proposed directors—I did the great part of the talking—the meeting may have lasted half-an-hour—we discussed the prospectus paragraph by paragraph—I said there should be a business first formed, and then consult us to see if a company could be formed; I considered that suggestion was adopted, and there-upon the meeting terminated—I suggested that Kennedy and Miss Shakespear should get the connection into a concentrated form and make a business of it, and then form it into a company—I understood Miss Shakespear was there to offer a connection, but when I came to question her I found she had no business; she had a connection with medical men, but no business established—she said she could bring business to the proposed premises—I suggested when that was arranged it should be handed over to the company—I heard nothing of a meeting in May—White got me a statement from the chairman of the meeting which appointed the directors stating that I was not appointed at that meeting—I always thought the business itself was a good idea; if it had been properly carried out I should not have minded putting money into it; I thought it would have succeeded well.

Cross-examined by MR. GRAIN. I have been in considerable practice—I should not allow my name to be used in connection with a company unless I thought it was bona-fide—if what White said had been correct I should have had no objection to joining the company, I quite approved of the scheme—I should have put several hundred pounds into it if it had been carried out according to my idea—I only saw Kennedy once at the meeting, and once at Jermyn Street—it was my own impression that it would be successful if carried out, and I imparted that to White—I do not remember having any conversation with Kennedy on that particular subject.

CHARLES JOHN WILLIAMS . I am a clerk in the Bank of England—these three £10 notes, 36,069, 36,070, 36,075, dated January 21st, 1895, were paid into the Bank of England; the first on May 11th, 1895, by the Capital and Counties Bank; the second on April 29th by the London and County Bank; it is stamped Oxford Street Branch, and would be sent from there to the head office; and the third on April 27th by the Capital and Counties Bank—this £5 note (91,564) was paid in on April 29th, 1895, by the London and Westminster Bank; and this £5 note (29,147) on November 2nd, 1895, by the same bank—on the note, 91,564, is the endorsement, Hy. R. Elton.

THOMAS WILLMORE . I live at 5, Uverdale Road, Chelsea, and am a commercial traveller—I am acquainted with Kennedy—in July, 1894, I met him, and he asked me to go with him to the Wool Exchange to recommend Kennedy to the secretary or manager of the Massage Company—I went and saw White, and attended a meeting at which four or five gentlemen were present, with Mr. Blackburn in the chair—I did not pay much attention to what took place; I had no interest in it at all—I attended one other meeting at which someone came to tell the meeting that a lady at Bond Street had resigned—I saw no lady there—I took no share in the company; one was sent me by post; I don't know by whom—I did not pay for it—I did not sign my name to the articles of association; it appears there—I gave no authority to anyone to sign it.

Cross-examined by MR. MARSHALL. I attended a meeting on December 5th; my name appears in my writing in the minutes as attending—I was not aware I was a director—I do not know whether a resolution was then passed that the agreement with the vendor be filed at Somerset House—I took no interest in it—the meeting lasted perhaps a quarter of an hour—I went at Kennedy's request—I did not know it was a meeting of directors—I signed the minutes of the company's meeting, because Kennedy asked me to do so, and said it was all right; there was no responsibility—I don't know that, in consequence of that resolution, instructions were given to the solicitor to file the agreement with the vendor—I believe Mr. Elton was there as solicitor, not Mr. Trimnell—I do not know that Elton had no connection with the company at that time—I don't know that a resolution was passed that Miss Clarke should be appointed superintendent of the company at £200 a year—I did not attend a meeting after that—I was not at a meeting on March 15th, and did not sign this—I believe I was present at a meeting at which Elton was appointed solicitor, and was present after he was appointed—I said before the Magistrate I was present when he was appointed, but I don't know if he was appointed then or not—I was not present on March 15th.

Cross-examined by MR. GRAIN. I do not know Albert Blackburn's writing; I had letters from him twenty years ago—I am not a glass manufacturer now; I was once—this writing is not my son's, or anything like it—I did not tell Kennedy I would go into the office and sign it when I had the articles of association presented to me; I had no office then—I swear I know nothing about this signature—at the first meeting Kennedy gave me £1 1s. for going there and recommending him, I suppose—I don't know what I received it for; I was surprised to receive it—Kennedy said he was applying for a berth in the company, and wanted somebody to recommend him—Kennedy introduced me to White about a month before.

Re-examined. This signature, purporting to be mine, appears to be in a different writing to the other signatures in both places, and they both purport to be witnessed by Kennedy—they are not at all like my writing.

JAMES MARTIN . I am clerk to J. A. Lound, solicitor, of 11, Great Turnstile, Holborn—I had the letting of 132, Jermyn Street, for the owner, Mr. Wharton—on November 30th, 1894, the first and second floors of that house were let to Miss Shakespear—the solicitor acting for her was Henry Elton—her references were Elton and Lewis—I subsequently ascertained that Lewis was Elton's clerk—the rent was £110 a year, and the lease was for five years and a-half—on January 22nd she wrote-suggesting that she should assign her interest—I saw Elton and it was suggested that Miss Shakespear being unable to carry out the terms of her lease, it should be surrendered, and that he was in treaty with parties to take an assignment—I received this letter from him of February 5th. (Stating that he was in treaty with the American and Parisian Massage Company with reference to the lease of the premises.) I wrote to Elton as to the circumstances under which the lease had been obtained, and in consequence of my threatening to take proceedings, I received this letter from him. (Hoping that his client would be able to make some arrangement in the course of a few days.) Miss Shakespear paid nothing—I saw Elton, and then received this letter of February 12th, when Kennedy's name first cropped up. (This stated that an agreement between Miss Shakespear and the authorised agent of the Company had been signed, and asked for the usual license to assign.) On March 1st, 1895, the assignment was executed to Kennedy, Elton being the witness—I communicated, with a reference, J. Sinclair Kennedy, of Londonderry—so Kennedy got possession of the premises—he did not pay any rent when it became due—I first got some money from him about May—I was paid £11 1s., for my costs in reference to the assignment, by this cheque of April 23rd, drawn on the National Provincial Bank by John Mackenzie—this cheque for £27 10s. on the National Provincial Bank, drawn by Mackenzie in favour of Mr. Wharton, was paid for rent in May—that is all we were paid—I distrained for the rest after June—we took possession, and Kennedy executed a surrender.

Cross-examined by MR. MARSHALL. I applied for rent at Christmas—as Miss Shakespear took the premises from Christmas day nothing would be due till Lady day unless there was a covenant to pay in advance—after some correspondence, the date in the lease when the first payment would be due was altered from December to March—Kennedy went into occupation on March 1st under the assignment, and nothing was due till he went into possession—the distress was some time in July—the drawing-room was fairly furnished and there were two massage couches on trestles—I saw the foundations for baths, but no baths—there were a good many towels—I received a notice on June 7th from Elton that he had resigned his connection with the company—I think Elton told us the company would take over the premises, but that in the meantime a gentleman would take over the business and make it a going concern; that was referring to Kennedy.

Cross-examined by MR. GRAIN. He said a company would be formed and that he proposed to have the lease in Kennedy's name as agent for the company—I had a satisfactory reference to Kennedy before the assignment took place—Kennedy paid the half quarter's rent which Miss Shakespear had agreed to pay, when he paid the costs; he also paid the rent due in March—we distrained for the quarter due in June—Kennedy came to me with Miss Clarke; she said in his presence that she had already advanced some money, and if I could advise her to go further into it she was prepared to do so—she seemed to have some knowledge of the company—I asked Kennedy to retire while I consulted with her, and then said, "My advice to you, Miss Clarke, is, don't invest"—she said she had a very good opinion of massage treatment, and there was a profit to be made out of it—she discussed the matter fairly with me, and said she was very anxious to invest her money, and would speculate if Kennedy gave his mind to it; it was a question of investing another £200 in the company.

Re-examined. She said she had already put money into it—I had no knowledge then of money having been obtained from Mrs. Wilson—I knew money had been obtained from Miss Maclean—I knew Miss Clarke had already invested £200, and I advised her not to invest any more.

GEORGE ABEL HARRISON . I am a decorator, of 3, Jermyn Street—about December, 1894, Kennedy came and asked me to do certain work at 132, Jermyn Street, which I had given an estimate for to Miss Shakespear—about two months elapsed between giving the estimate and Kennedy's calling—I asked Kennedy for a reference, and he gave me Elton—I called on Elton in Chancery Lane, and asked him if it was all right to go on—he said, "Yes," and I went on with the work—I asked Kennedy for money, and he gave me a cheque for £15 on 2nd March; that left £16 10s. owing—I have never had that—I finished the work for which I had contracted—some time after that Kennedy came to my office with Miss Clarke, bringing a bill of exchange for £200, I believe, and asked me to discount it—I declined; he left it with me—two or three days after he called, and I gave it back to him—I put the matter of the balance of £16 10s. into my solicitor's hands—later on I heard what the massage business was going to be, but at the first start I did not know—the work I did was decorating walls.

Cross-examined by MR. MARSHALL. I did not know at first that Miss Shakespear was starting a massage institution, but soon afterwards Kennedy came and asked me to put some baths—Elton told me Kennedy was going to form it into a company and issue a prospectus—I understood that when Kennedy came on the scene Miss Shakespear retired from it.

Cross-examined by MR. GRAIN. My first introduction to the company was through Miss Shakespear—I don't know if White or Kennedy gave me the £15 cheque—I do not know White—the cheque was paid—I understood that Miss Shakespear was to pay half the money and Kennedy the balance; two months elapsed and she did nothing, and then Kennedy came and asked me to do the work—I agreed to the terms, provided she gave me a bill backed by two good names—she never gave me such a bill—she asked me long before I knew Kennedy to go through the house and make out an estimate of what the decorations would be; and when Kennedy came I agreed to do the work on the same terms that I had agreed with Miss Shakespear—I took him as my creditor from that time—I looked on it as an ordinary business transaction—I have wiped the debt off as a bad one.

BERTHA JANE CLARKE . I live at the Maisonette, Brentford—in September, 1894, I saw in the Daily Telegraph this advertisement to which I replied, and I got into correspondence with Kennedy—shortly after I went to see Kennedy at Oakley or Redcliffe Square. (The advertisement was for a lady to receive and interview ladies, salary £4 a week, of good appearance and address, and in a position to invest a small amount of capital.) Kennedy told me a company was being formed for massage treatment; he handed me a prospectus to read—he said I should obtain good interest for money, as it was likely to be a very good concern, and there was nothing infra dig. about it—he said all the directors were men of good position, and would bring good interest to bear on it; that the lady who was going to take a position in it must be able to invest a small amount of capital—I asked him what capital he thought necessary—he said he had not thought anything about it, but equivalent to the first year's salary; it was a guarantee of respectability, and he thought he might say about £200—he said, the company would be a gigantic success, and would pay at the very least 40 per cent.—I was to interview people who came—I noticed the name of the City Bank in the prospectus—there was "Lady Superintendent" without any name being given; he said my name would be put there—I was to send a cheque for the amount I invested, and was to receive 40 share warrants—I said I should require a reference—he said he could offer me 100 if I liked—I said I should like to consult my solicitor, and that he should see the promoter of the company—Kennedy then gave me the name of Shir win White—an arrangement was made for my solicitor, Mr. Woodbridge, to see White—I had a communication from Mr. Woodbridge, and after that saw Kennedy again, and told him Mr. Woodbridge had no faith in the company, and had advised me, the same as my other friends, against investing in it—he said that was absurd, evidently they were jealous; he said of course, a solicitor was always very cautious, and erred on the side, if anything, of over-caution, that he had an uncle a solicitor, who was the same; but it was perfectly genuine; in a manner it was a speculation, naturally—after hearing what he had to say, I was over-persuaded by him, and agreed to let him have the money—this (produced) is an agreement between me and Kennedy as a student of medicine who has agreed to sell 40 shares in the American and Parisian Massage Company, and obtain for me a situation at £200 a year; but he said he was a doctor—I sent my solicitor's cheque for £200, and endorsed it to the order of Kennedy and White to whom I had it made payable—it has been paid—I got warrants for forty shares on red ink forms—I also got what purports to be an extract from the company's books, "Resolved that Miss Bertha Jane Clarke be and is hereby appointed secretary to the company at a salary of £200 per annum"—I had seen the prospectus—I afterwards wrote to Kennedy and enclosed a prospectus with the name filled in—I wished to adopt my mother's name, Mulcock; and it was so settled "J. Mulcock"—I wrote to Kennedy once or twice between December and May, but did not see him; I got a telegram in May and went to Jermyn Street and saw him, and asked him what he wanted, he said, "What do you think I want? Cannot you come on Monday?"—I saw him on the Monday at Mr. Elton's office, Chancery Lane, that was the first time I had heard of Mr. Elton—Kennedy introduced me to Mr. Elton as solicitor to the company—I said that I had £200 invested and I wished to know if it was all right before I invested any more—I asked Mr. Elton if it was a genuine concern—he said, "Yes, if it is once started it is a genuine concern, an absolute certainty"—he introduced me as the lady-superintendent—it was in consequence of what passed in Jermyn Street, that I went to Elton—I paid a cheque for £100—he wanted me to get my friends to take shares—I said no, if anyone had to take up shares, it would be myself—I drew a cheque for £100 a day or two afterwards, and it was arranged that I should send it to Elton's office; but Kennedy wrote to me and asked me to send it to him, to save delay—it was my own cheque—I received a letter from Kennedy in reply—he promised to let me have the share warrants, but I never got them—I received this letter from him on June 18th. (Stating that in consideration of her advancing a further £100 to aid in completing the premises, he agreed to hand her more shares, and to refund the money advanced, if the company were not successful.) I several times went to Jermyn Street, beginning in May I believe—sometimes I went two or three times a week, sometimes a fortnight or three weeks would elapse between my visits—the premises there were partially famished—I never saw any massage being done there—I went by appointment with Kennedy, relative to opening the business—Kennedy wanted to borrow more money; he said friends who were going to invest were abroad, and most plausible tales—he mentioned Mr. and Mrs. Lee as people of very high position, and with a great deal of money, they were abroad—he wished to start the business as soon as he possibly could, and if I would let him have the money he would give me high interest and make over shares in the company to me—he did not fix a sum at first, then he wanted £100 and the £50, and then he asked me to pay the rent of the premises in Jermyn Street—before I invested the second £100 I told Mr. Woodbridge, and he said I was very silly—I heard of Miss Maclean through Mr. Lowdell—I told Kennedy before I invested any further money I desired to know who Miss Maclean was, and he wanted to know how I had heard of her, and I said Mr. Lowdell had written about her; he considered it was a great piece of impertinence, and how did Mr. Lowdell get my address?—I said I did not know except from White—I wanted to know who she was, and Kennedy, after a great many excuses, said, "Miss Maclean is to sleep on the premises; she has taken up shares in the Company, and for that she is to have the privilege of sleeping on the premises," I suppose as a sort of caretaker—I did not agree to put in an extra £100; he got no more from me—at the end of August 1895, Kennedy came down to see me at Brentford—I said I could not understand his coming down to see me; I thought it rather peculiar; and he said, well, it seemed such a shame that such a good thing as the massage business might prove to be should break up completely for the sake of a few pounds; would not I consent to give a little more money?—I said I was letting my house for six months, and I wanted all my money for current expenses—he said could not I let him have a little—I said, "No"—after some hesitation he took out a paper from his pocket—I said, "What is that?"—he handed it to me—I laughed when I saw it—he asked if I was hysterical—I said it was strange; my friends had said he would do it—it was a bill of exchange at three months for £200, which he wanted me to accept—he said his wife would sign, and would be answerable for it, but she had not got it just then; but that when her brother came of age he could dispose of his property, and if anything went wrong he would return it in full; but it could not go wrong—I said I could not do it, but I would think over it, and he left me the paper—he came the next night, and I told my maid to say I was not at home—then I had letters from him saying that it was very important—I went into Derbyshire and heard nothing more of him—the first night after my return I had a letter from him asking for an appointment, and at last I saw him—he said everything would have to be sold up if I did not see him at such and such an hour on a certain day, and so I went up—I said I could not sign—he called his wife in, and they talked to me, and ultimately I put my name to the bill—I had a letter from his wife in which she agreed to be answerable for £100—on the following Sunday I talked to my brother about the bill; and afterwards my brother came to London and saw Kennedy, who gave a sort of explanation—my brother asked him if he had the bill and might he see it (He had tried to pass it with Mr. Harrison)—he handed it to my brother who destroyed it—my brother forbade Kennedy coming to my house, so he sent his wife instead—I had no communication with him after that—I had no part of my salary—I had no work to do—I did not get a farthing of ray money back.

Cross-examined by MR. MARSHALL. I had only one interview with, and no letter from, Elton—before I saw him I had been to Jermyn Street, and seen the premises—the only words of his I am certain of are, if once the company was started its success was an absolute certainty—I could not be certain of anything else—he may have said that, as far as he could answer for it, it stood a good chance of success; but I know he said that if it started its success was absolutely certain—Kennedy had had £200 in 1894, before I saw Elton—the matter of the £100 was arranged with Kennedy in Elton's office; it was agreed I should direct it to Kennedy at Elton's office; but Elton wrote that, to save time, he preferred me to send it to his private address—Elton said to Kennedy, "This lady has already invested £200, and she is appointed lady superintendent"—I parted with my money in consequence of what Kennedy said entirely—the last hundred I should not have parted with had not someone else told me it was genuine; thereon, Kennedy told my brother it would open in three days, certain—I parted with my money in consequence of what Kennedy said, but he said it in front of Elton, who was a solicitor—I thought at first it was simply to obtain the post—I should not have paid the second sum if only one man had been there—I should have had to obtain someone else's opinion—Mr. Woodbridge said to me, "I am an old-fashioned man of business"—I exercised my own judgment, and chose to advance the money, but I was influenced by the fact that Elton was a solicitor, and gave me thin advice.

Cross-examined by MR. GRAIN. I placed before Mr. Woodbridge what Kennedy had told me; he does not hold with ladies speculating—I thought this was a good company; Kennedy said one lady made £40 or £50 a week with two or three assistants—I never speculated before, and shall not again—I thought I was going to make a good thing by investing this money; I understood what 40 per cent, means—I first went to Jermyn Street at the end of February or beginning of March, 1895—the premises were incomplete, no business was being carried on; the decorators were in—I saw no towels or goods being delivered—there was a place for a bath—there were things in the waiting and reception rooms—I went several times—I had then parted with £200—I did not make up my mind then that the company was a fraud—I did not think I had really lost my money until I resigned my appointment—I believed exactly what Kennedy told me, and that if sufficient money came in, or if it were once started, the company would be a financial success—I first met the prisoner's wife in June or July, 1895; she was introduced as his wife—she said her husband was such an honourable man he would not have anything to do with anything otherwise; that he refused invitations to dinner because he was unable to return them to the people who invited him—I first came to the conclusion that I had been defrauded after my brother destroyed the bill—when I told my brother about the bill he said, "If you don't go and get that bill back I shall go to Scotland Yard"—I went the first thing on Monday morning to Harrison because Kennedy had told me he was going to discount it for him—in September 1895 after I asked for the bill back, but before it was destroyed, I gave Mr. Wood-bridge instructions to prosecute Kennedy—he said Miss Maclean was first—Kennedy said the furniture was to be put in by Barker of Kensington, and that the delay was owing to their dishonourable conduct—I spoke to my friends of what I was going to do; they said I should not do it—White was not the chief spokesman as to the success of the company, not so much as Kennedy—I only saw White once and Mr. Woodbridge saw him once—Kennedy made infinitely more impression on me than White.

Re-examined. When I first answered the advertisement I did it more out of fun than anything else; I did not expect to have a reply—when I parted with my money I supposed I was going to get employment—I believed the statements that were made to me at the first interview; I read the prospectuses then—no mention was made to me then of Mrs. Wilson—I had no idea that £300 had been obtained from her; if I had known it I should not have had anything to do with the concern—I wrote to him on September 10th:—"Sir, I consider you have acted most disgracefully with me;" that was when my brother went to see, him about getting back the bill—I thought I had as good a judgment as any one else—£150 was due to me as nine months' salary—I got no farthing of that or the £300.

ALEXANDER PECK . I am a clerk in the advertisement department of the Daily Telegraph—some of the advertisements went through my hands, one marked 95 appears in the paper of October 21st, 1894; it bears on the back of it F. Kennedy, 41—I also produce another, marked 97, which appeared on March 13th, 1895: "Lady Secretary wanted for West-end office. Address Lady Secretary"—I produce another, No. 96, which appeared in April, 1895; that bears on the back, F. Kennedy, care of Elton, Solicitor, 55 and 56, Chancery Lane: "Lady required for reception-room; preference given to a widow. Care of Elton, Chancery Lane"—No. 98 appeared in October, 1895: "Lady required; £4 a week, with room, gas and coal; duties light; receiving patients. Preference given to one willing to invest a small amount. F. Kennedy, 31, Grown Road, N.W "

THOMAS MUGLISTON . I am a cashier in the Bond Street Branch of the City Bank—in July, 1894, Mr. Faithful suggested to our manager the opening of an account with us in the name of the American and Parisian Massage Co.—I was shown a prospectus like this—we consented to our name appearing on it as bankers of the company if the preliminaries were satisfactory, i.e., that the certificate of incorporation be exhibited, and enquiries to references as to respectability, and the genuineness of the concern—no money was tendered; no account was opened—on September 3rd, 1894, our manager, Mr. Mullins, wrote to Faithful withdrawing our name, and after that date the company had no authority to use it as that of their bankers.

Cross-examined by MR. MARSHALL. I gave my consent to the account being opened—enquiries were made at the outset as to the respectability of the company, and they were satisfactory for some time.

CHARLES HEATH PINNOCK . I am a confidential clerk in the employment of Messrs. Barker's, Kensington High Street—about the end of March, 1895, I was instructed to make enquiries about Kennedy, and I saw him on several occasions—at that time we had done certain work at 132, Jermyn Street, and received orders for further work—after several conversations I told Kennedy we should require a considerable amount paid down before we completed the amount of work he had ordered, which was about £120 worth—I agreed to do the work on condition that £40 was paid down, and the balance paid by two instalments, one at one month, and one at two months—I then went to Elton's office at Kennedy's suggestion—Elton said he had no money to pay with; an appointment was made for the following morning, 27th April, when I saw the prisoners at Elton's office—I then received four £10 notes from Elton for which I gave a receipt—Elton was very anxious that I should give an undertaking that all work and orders in hand should be completed within a very short time—I absolutely declined to execute the orders by any given time, as some contingencies might arise that might prevent us carrying out the orders, some of the goods being special goods, massage couches and so on, to be specially made—I should think we had done about £60 or £70 worth of work when that £40 was paid; when we stopped work we had done £135 altogether; we had exceeded the contract—we only got the £40—our firm received further orders for work to be done—at the beginning of May I saw Kennedy, and pointed out that We had done work to the extent of £135 on the £120 arrangement—he was very anxious that we should go on and complete the work—we had orders amounting to something like £70, more than that at the time—his explanation was that as soon as we had completed the things a company could be formed, and with the shareholders' money we should be paid—before I applied for the instalment of £40 I called on Kennedy, and pointed out that the contract had been exceeded by £15, and we had another £70 order in hand, and he promised to let me have a payment—I called several times, and he made various promises to send money to our office, and then, on May 30th, I met him at the corner of Chancery Lane one day, and he said, "I have a cheque in my pocket for you now;" and we went into a public-house, and he handed me Mr. Mackenzie's cheque for £35 on account of the £120; it was met—we continued to work; the plumbers were fitting a bath—we did work altogether to the extent of £170, and we got £75 in all—we got judgment in the County Court by default for the instalment of £40—it is still unsatisfied; the other amount we have not obtained judgment for.

Cross-examined by MR. MARSHALL. The £75 worth of work would complete the orders which had been given, including the bath—we supplied a lot of furniture—there were two massage couches, six were ordered—the other £75 would have completed the orders which had been given; I cannot say it would complete the furnishing of the place—it included one bath; the fittings were provided and the bath delivered, but Kennedy objected to it and it was removed, as it was not the class of bath he ordered—then the difficulties about the instalments occurred, and we did not supply it—I sued Kennedy for the balance—I did not regard Elton as a debtor.

Cross-examined by MR. GRAIN. I took it from what Kennedy told me, that a company was to be formed at Jermyn Street—a massage business was to be formed; I could not say whether it was a genuine affair or not—Kennedy said the company was about to be formed, and that, if the public subscribed, the company would be a success in his opinion—he represented that if we furnished the place money would be forthcoming; there was a lady who would find him the money, and we should be paid off—I think I asked him twenty or thirty times for the £40 instalment; he represented that through our not completing the work he had not been able to raise money from the public, and therefore the company had not that a company was to be formed at Jermyn Street—a massage business was to be formed; I could not say whether it was a genuine affair or not—Kennedy said the company was about to be formed, and that, if the public subscribed, the company would be a success in his opinion—he represented that if we furnished the place money would be forthcoming; there was a lady who would find him the money, and we should be paid off—I think I asked him twenty or thirty times for the £40 instalment; he represented that through our not completing the work he had not been able to raise money from the public, and therefore the company had not been a success.

SUSAN JANE NORRIS . I am a widow—in March, 1895, I was stay ing at Bristol—on March 12th I saw this advertisement in the Daily Telegraph for a lady secretary for a company, preference given to one willing to invest a certain amount—I answered that—on March 19th I received a letter signed Forrester Kennedy. (Asking her to meet him next day at Elton's office.) I came to. London the next day, and went direct to 55, Chancery Lane, about four o'clock—I there saw the prisoners—I said I came in regard to the letter and advertisement—they showed me this prospectus with the names of directors, and bankers, and solicitor, and the auditor and the registered offices—I read it through—they both asked if I was willing to invest money to obtain the post of secretary—I said I would willingly invest money if it was a bona-fide thing; I said that I could not afford to lose my money—I was most desirous then of getting employment—they said I should receive a salary of two guineas a week, my engagement to begin in ten days' time—I should have to do secretary's work—it was optional where I lived—they wanted me to in vest £100—I said I had not got it to invest—they asked me how much I could pay down, and I said £50—Kennedy said, "When will you let me have the other £50?"—Elton at once said, "Let that be at Mrs. Norris's convenience"—I said my money was at my bank in Plymouth, where my home was—I said that after I was in receipt of the salary I should be allowed to pay the balance at my convenience; that I could pay it out of my salary, and I ultimately agreed to do so—it was suggested that I should go and see White at the Wool Exchange the same evening, and I went there with Kennedy about 5.30 or six—I was introduced to White—I asked him if it were a bona-fids thing I was entering into; and he assured me it was—Kennedy was there all the time—as well as I remember, he asked me to draw a cheque on a half sheet of paper, as I had not my cheque-book—I drew a cheque on a piece of paper to Kennedy's order, and he endorsed it—I then went with Kennedy and had some refreshment—I went back to Elton's office, but found he had gone—I then went back to Bristol the same night—I read the whole of the prospectus, including the part about Miss Shakespear's large connection—they furnished me with the stamp for the cheque on the blank sheet of paper—I signed an agreement at Elton's office before I went to White's; it was written while I was there. (The agreement was she should advance money, and receive vendor's shares and the appointment of secretary.) Some days afterwards I received a letter from Kennedy asking me to remit him some money—I received these letters from Elton. (The first stated that he had taken a flat for her, and would be glad to know what steps she was taking. The second stated that, owing to Mr. Lowdell having to leave town, the Directors' meeting could not take place the day before; and asked her to send £50 within the next ten days.)—I made no promise to pay more; I distinctly said I could not pay the money; the arrangement I made was to pay the other £50 out of my two guineas a week—I told White I could not pay the other £50—I also received this letter from Kennedy. (Asking her to send the balance by return, as more money was needed for furnishing; stating that she was purchasing some of his shares; that the Directors had made him defray the cost of opening the first branch, and that he hoped to arrange for her to live on the premises.) I received this copy of a supposed resolution as to my appointment as secretary, and I believed my salary of two guineas a week was to commence from March 25th—I had not got the money he was asking for on March 26th—at the end of April I unexpectedly met the prisoners in Bristol, just outside the house at which I was staying—they said they had come to see me, and wanted to know why I had not written to them for some days—I explained that I had been ill and unable to attend to business, and they said they should like to have a talk with me, and they asked which was the nearest hotel—we went into the coffee-room—I was to have share warrants for my money, and I was to sign them—they wanted to know if I could draw any more money—I said I had a little—I thought then I had more at my bank than I had—they suggested I should draw what I could—I drew cheques for £15 and £10 I think—I think Kennedy took them—they went away together to return to London—I think it was one cheque for £25 that I signed, and not two—I know now that I had not got sufficient money at the Bank to meet that cheque or cheques—Elton wrote saying it was dishonoured—on April 26th I received this letter from Elton. (Stating that unless her dishonoured cheques for £40 were taken up and the equivalent value paid by Monday the Directors would, at their meeting, cancel the resolution under which she was appointed secretary.) I became alarmed, and came to London, and went to Elton's office, and saw the prisoners—I replied to their letter that I had not the money to meet the cheques for £40, and preferred the agreement to be cancelled and for my £50 to be returned, with the expenses of my journeys to town—before I drew the £50 I showed Elton my pass-book, which showed that I had £61 upon which I could draw—I drew this cheque on April 13th for £10 to Kennedy and it has been paid through my bank, so that I have parted with £60—having said I could not pay the other £40 I came to London and went to Jermyn Street, where I saw Kennedy—I asked for my money back but did not get any of it—I have had no situation and no wages of any kind—I saw no directors to my knowledge—on June 7th Elton wrote telling me as he had nothing more to do with the company, to address communications in future to Kennedy—afterwards another lady instituted a prosecution, and I communicated with the Treasury authorities, and I was called as a witness—after Miss Maclean had prosecuted Kennedy, and before the Treasury had taken it up, Kennedy came to see me; I had written to him to say I had determined to take legal proceedings—he asked me not to pursue a prosecution; that he had some money promised him by his mother, and if I did not pursue this course he would pay me my share and quit the country—meantime I had spoken to my solicitor about it, and he advised me to have nothing to do with the matter—I said to Kennedy, "I hope you will get the money and pay me," and there it ended—I drew this, cheque for £25 on April 3rd.

Cross-examined by MR. MARSHALL. Kennedy was the spokesman at first when I was handed the prospectus and asked what I thought of it—I saw Lowdell's name on it—I understood that as soon as the place was fitted up and furnished it would be started as a massage institution, and that would be in about ten days' time—and they asked if I would be prepared to enter on my duties at that time—he said Barkers of Kensington had the furnishing in hand, and he expected it would have been completed by that time—my salary was to commence from the 25th.—I did not know anything about massage—I had no doubt from what Elton and White told me that it would be a successful thing—from what other people said I conceived a favourable idea of a system of establishing a place of the kind—I daresay I was at White's for an hour and a half—I was anxious to hear what he had to say—he went into it thoroughly, all the time was taken up about this matter—although the agreement was signed at Elton's office before I went to White's there was an under-standing that it was not to take effect unless I was satisfied with what White said as promoter—I relied a good deal on what White said—I paid the £50 cheque in his office to White's order, and handed it to Kennedy—my other cheques were handed to Kennedy—before I left Elton at his office, he said "Before you pay your money, you had better go and see White, who is the promoter of the company"; that was because he could give more information about the company and about the undertaking generally than anyone else—I understood Elton was acting as solicitor to the Company; and I applied to him as to whether it was a bona-fide company, and he assured me it was; as solicitor to the company I thought I could depend on him—at Bristol they wanted me to sign share warrants, and I did sign some, not all, and they took them back—I said I could not pay another £50 in a fortnight's time—the cheques for £25 and £15 were not given on the same day—I wrote a letter to the effect that I would see whether my bankers would give me a small overdraft—I think I drew cheques for £15 and £10 at Bristol, and a cheque for £25 at another time—I wrote and asked my bankers for an overdraft in Elton's office, and at his request, he dictated the letter—I have a small annuity—that was when I drew the cheque for £25—it was after I was told that the money would be required for completing the furnishing that the suggestion was made about the £25 cheque, and I believed they wanted the money to help the furnishing—after giving the £25 cheque I went to Jermyn Street several times; the first time was some time in May—I met Kennedy once on the stairs; that was the early part of May, I think—the place was partly furnished—I asked him why the business had not been started, and he said he could not get the place furnished, that Barkers had been delaying with the work.

Cross-examined by MR. GRAIN. I paid attention to what Kennedy said; it induced me to part with my money—I daresay I asked Kennedy how much money I should have to invest in shares, and he said £100—I said I had not £100 to invest—my annuity is not sufficient for my maintenance—I was not desirous of speculating; my idea was to obtain an engagement with good remuneration, as I thought, and I parted with my money because I thought I should gain good wages; I should not have done it otherwise—on the strength of what the prisoners and White told me, I believed that if money was forthcoming from the public it would be a successful concern—I handed the £50 cheque to White, and he handed it to Kennedy—I understood White was the motive power in forming the company—I relied on what he told me to a very great extent, not altogether.

By MR. MARSHALL. I am quite sure that Elton did not suggest that I should take the advice of an independent solicitor—I may have been to Jermyn Street two or three times before April 6th; I thought it was later.

Re-examined. I am quite sure I signed the agreement in Elton's office before I saw White.

EDWARD TOWERS . I am principal clerk in charge of the records in the Patent Office—a register is kept there of patents, including medicines, and such like things—I cannot find any entry relating to Dr. Wilson's skin tonic, or any name of that kind; probably I should have found it if it were there.

Cross-examined by MR. MARSHALL. A patent would be registered at our office if granted—I have nothing to do with trade marks.

MARY HARRIET MACLEAN . I have been a governess—in April, 1895, I was living in Guilford Street—I saw an advertisement in the Daily Telegraph on April 8th. (This was for a lady for reception room, salary £3 a week, a moderate amount to be invested; preference given to widow. Apply Surgeon, care of Elton, solicitor, 55 and 56, Chancery Lane.) I am unmarried—I replied to that advertisement and received an answer from Elton, and I kept the appointment he made at his office—I saw the prisoners there—I was desirous of obtaining employment of that kind—I said I had come after the advertisement and about the letter I had received—they showed me the prospectus, and told me particulars of the situation—I read the name of the bank and the directors' names, and Kennedy, I believe, showed me in the directory their addresses—they asked me if I had any idea what kind of situation I had come after—I said, "The idea that came to me was it was a specialist's reception room;" from the advertisement I concluded it was a doctor's; that I had no idea, it was connected with massage, of which treatment I had no knowledge—they said the directors were all men of good social standing and well off, and that the Bank was in Bond Street, I think—they said they wished to have a staff of ladies of good social standing by birth as well as education, so as to ensure their place being successful; that the qualification of the directors was £200 each; that my duties would be to write letters and send out circulars, and see after people who came to be treated, and arrange the price and take their fees; that they required me to invest £200 as security, the same amount as the directors gave—I cannot say who said that; the one corroborated what the other said—they said the directors were going to make the appointment very soon, at the next meeting; that they had bad heaps of applicants—I told them I did not wish to invest as much as £200; and after discussing the matter at considerable length I came away—they told me they had one or two ladies who could invest the amount; and mentioned one, a friend of Mrs. Patrick Campbell—I said I did not wish to invest in anything that was not absolutely safe—the same evening I got a telegram, "Wait till I call dinner"—my interview with them had been at one or 1.30—after the telegram they both came to where I lived; Kennedy came in, Elton waited outside—we could not discuss the matter in the dining-room with other people there, and they told me that the directors' meeting was coming on on Friday; this was Wednesday—I went to dine with them at the Roma Restaurant in Holborn to discuss the matter—Elton said they very often went to dinner there—we talked about the matter all the time—I told them that I had no money that I could immediately realise—I told them I had Rome bank shares, and some other money that I had been rather unfortunate with, and they thought they might realise some of that, and get a loan on it, I mentioned the North of Scotland and Canada Mortgage Company, where I had £120 on deposit—I said I did not wish to withdraw that—they arranged for me to go to Elton's office again the next day, and I did so; but they had to go to the City—I think they asked me if meanwhile I would go home and see about those bank shares; and I was to call at the bank and ask if they would take them off my hinds, and then come back to Elton—I went back and saw them, and was introduced to Mackenzie, a friend of Kennedy—they said he was a rich man, whom Kennedy had known a very long time, and that through his brokers he could sell those bank shares for me—both prisoners were present—they told me they would take £100—on Friday, 12th, Kennedy called on me about ten or eleven a.m, and asked me to go to Elton's office with him—I said, as it was Good Friday, the office would not be opened—he said he was going to get his letters and meet Elton—I went; the office was closed—coining back we met Elton in Russell Square—Elton said the directors' meeting was postponed till Tuesday—on April 14th I got a letter from Kennedy, asking me to call at Elton's office on the Tuesday, and I went—I gave to one of them, in the presence of the other, my bank shares—I had to communicate with the Canadian Mortgage Company to get the money—on the Tuesday I was introduced to Mrs. Kennedy—I asked her if it was with her full sanction and approval that I went into these things, and she said, "Certainly"—I asked her why they should reduce the sum they required from £200 to £100 on account of me—that conversation was in Elton's office—I am not sure whether the prisoners were there—I was to have a costume, a kind of uniform, different from that of the nurses—I was to be allowed a long holiday in the autumn, and a piano in the reception-room—I wrote to the secretary of the company in Aberdeen, where some of my money was deposited, and gave authority that it might be dealt with—my first idea was to get a loan on it from the National Provincial Bank of England through Mackenzie, but two years' notice had to be given before it could be withdrawn—while this was going on I received the offer of a situation in Russia—I went to Elton's office and showed him the letter and said, "I think I had better go there because there is no money to be paid down"—they told me Russia was a frightful place to live in; and I preferred staying in London—they said I could not withdraw without treating them rather badly—it was the day before the money was paid, and it was really on the way—the same day I went to Elton's office to sign an agreement; he was out—I went to the City, and when I came back to the office I signed a letter; I had signed one before; I signed three, two drawn by Elton and one by Kennedy—on 25th a boy came for me and I went to Elton's—I saw the prisoners, Mackenzie, and Lewis, Elton's clerk—I then signed this document, dated April 24th: "I hereby authorise you to receive from Mr. Mackenzie, as my solicitor, all moneys payable to me as between myself and Kennedy, being the balance of a sum of £100, after allowing £11 payable to Mr. Lound—I had no idea that Elton was my solicitor—I thought a cheque for £100 was handed to Elton—I did not see it; they had no right to spend my money before I had given it to them—Mackenzie handed me a cheque for £20—I got no employment after that—I got no money back—Elton has now a bank share certificate of mine that I paid £140 for in addition to this other matter—I did not give it to him; I gave it to Lewis to look at, and Elton put it in his safe and locked it up; I asked him to give it back, but he said it was not a business-like proceeding—it is not worth £140 now—Elton was extremely anxious to act for me—I said I did not require it—I went to the Jermyn Street premises, before parting with my money—I saw Bragge there very often—I" went with Kennedy and his wife—I and Mrs. Kennedy were introduced to Mr. Lowdell one day at Jermyn Street—another day Mr. Lowdell was coming downstairs, and I asked him if he thought this thing would be a success, and Kennedy, who was going downstairs behind Mr. Lowdell said, "Go on, go on"—after Mr. Lowdell had gone, Kennedy said I should not speak to him like that—I did not know at the time about another lady manageress being engaged—I knew that perhaps Mrs. Norris was going to, be secretary, but she would not pay enough money—two days after I saw Mr. Lowdell going downstairs, and after I had parted with my money, Mr. Lowdell told me about Miss Clarke—I think I asked him to write to her—I asked Kennedy what she was going to be; he said "superintendent"—I said there seemed very little difference between the two—I saw no business to manage or superintend—I received, on July 22nd, this letter from Elton. (Stating that his bill of costs against her had been, delivered and he must request settlement by Wednesday.) He said that Because I sent Mr. Lound, the solicitor, with a letter to try and get my Bank share certificate from him—one bill of costs was £14; there were two bills together amounting to over £24—I had no situation and our money.

Cross-examined by MR. MARSHALL. These bills from Elton were charged against me for taking my money—I believe they told me that the massage establishment was going to be furnished by Barkers—I do not think that was on the first day—they told me on that occasion that the place was already started, or that it was about to be started in a few days; I was to be manageress—they said that the work was being hurried on, to get the place ready as soon as practicable—I do not think that I understood that my money would go towards paying the expenses—Elton told me to pay it to him, because he would see that it was properly used—I thought that it was to be invested in the company, and that I should get the dividend on it—Elton told me he would pay it into the bank—I should not expect it to lay idle—I gave it as a sign of good faith, and to bring me in some interest—I do not know that it occurred to me what was to be done with it—I did not ascertain that there was any banking account before I paid my money—I do not know why the cheques were cashed through Mackenzie; I believed what the prisoners told me—I cannot tell which prisoner told me about the directors' qualification; no one was present except them—I was with them for about an hour—Kennedy told me he thought he knew my brother at the Edinburgh University, but it is quite a mistake; my brother was there, but he was no friend of his—I spoke to Lewis, Elton's articled clerk; I did not tell him that that was so—my brother was not a student with Kennedy, and does not know him, he told me so last summer—I have not been with Kennedy to the La Fonda wine buffet; I have been out with him, but I do not remember the name of any place except the Roma and the Star and Garter in Oxford Street—Mrs. Kennedy and Mrs. Elton were there; it was about April 26th, immediately before or after I paid my money—this matter was being freely talked over then—I may have gone to another place with Kennedy, I do not remember the name—he took me to the Central Hotel in Whitcomb Street—we did not talk the matter over there—I was never angry with him—it was on Good Friday when he called for me in the afternoon and he was rather disagreeable in the house and made rather a disturbance, and to get him to go away I went out with him and we drove there in a cab—he said that Mr. Elton was coming there, and I thought it better to wait there as I did not want him to come back to my house and make a row—I was not alone in his company after that; his wife or Elton were there too—the amount realised from my property was £120, of which I ultimately had £20, after Elton had kept it for some weeks—if I saw £11 handed to Mr. Lound's clerk, I did not know it had reference to me—I did not understand the amount handed to Elton was £82—I signed this document of April 24th without reading it; Lewis read it out; I had already signed two letters bearing on the same matter—I don't remember seeing Mr. Lound's name on it, I may have done—I saw Mr. Lound the day before I paid the £100 to Elton—Mr. Lound was at the office, and I was told he had something to do with the lease, and we all four walked down to the bank together, and Mr. Lound and I stood outside while the prisoners went in; I did not know it had any bearing on my money—I signed one letter which Elton read and another which Kennedy read, authorising Mackenzie to get this money—on the day I paid the money I went with Lewis and Elton to Barkers' to get some patterns for the costumes; they went to the counting-house to order baths, I think, I did not know anything about that—there was no friction between me and Mrs. Kennedy—Mrs. Elton circulated a scandal about me with regard to Kennedy taking me to the Central Hotel, and I told Elton I was surprised she should do so as he knew it was absolutely untrue—I wished to sell my shares in the Universal Bank if I could get anything like their value for them—I said I thought it was a very bad speculation; I did not put the matter into Elton's hands to recover the money on them; Lewis suggested that they should try to sell them for me, and they were to put an advertisement into a paper, for which I paid Lewis 6s. or 7s., and it was never put in—they did not endeavour to realise the shares; Elton was very anxious to take counsel's opinion about it, and I said I would first have an auditor's opinion—it was not put into Elton's hands, and it would only have been if the auditor corroborated their ideas.

Cross-examined by MR. GRAIN. I had a little money before I saw this advertisement—my brother is a graduate of a Scotch university—I am merely here as a witness—if some one offered me my money back I should have no objection to take it—if they had acted honourably by me I should not have prosecuted.

JOHN MACKENZIE . I was in March and April, 1895, the licensee of the King's Head, in Aldersgate Street—I had known Kennedy for many years—about April, 1895, he came with Elton, whom he introduced as the solicitor for the Massage Company—Kennedy asked me to cash a cheque for £25, which it was explained was given by a lady, who was obtaining a situation in the company, and buying some shares—it was written on a half-sheet of paper, which made me hesitate—I afterwards advanced £5 in gold on it to one or other of the prisoners—I paid the cheque into my bank—Elton assured me it was a good one—next day the prisoners called and had refreshment, and I advanced a second £5; I afterwards advanced a third £5; £15 in all—a few days afterwards the cheque came back, marked "N.S."—I went to Elton's office on April 17th and made a complaint about it, and asked to be repaid—the prisoners and Lewis were there—Elton was very much put out about it, and could not understand it—Mrs. Norris was sent for, and when she came, Elton asked her about her balance—a little later she fetched her bank-book, which showed a balance of £12—she then drew a cheque for £10, which Elton handed to me—it was paid in and honoured; that left me £5 to the bad—I was to be paid that when they got it; they said there was a lot more money expected—a few days afterwards Miss Maclean was brought to me, and there was a conversation about some Scotch shares she had, and I arranged with my bankers to realise them—I took her to the manager and introduced her—a little while afterwards I learnt from the bank that £120 had been received, and I went to Elton's office, taking my cheque-book—a statement of what was to be paid was drawn up by Elton—later on, in the presence of the prisoners and Miss Maclean, I drew this open cheque for £82 in favour of Elton or order (that was cashed the same day at my bank); this cheque, for £11 1s., in favour of Mr. Lound; a cheque for £2 to Kennedy; £20 was given to Miss Maclean, and the balance of £6 19s. I advanced to Kennedy in small accounts from time to time—a little while after I received further visits from the defendants, and I at their request paid into my bank a cheque for £100 drawn by Miss Clarke in favour of Kennedy—with the money represented by that I drew a cheque to Messrs. Barker for £35, a cheque to Mr. Wharton, the landlord, of Jermyn Street, for £27 10; repaid myself the £5, which I was to the bad on Mrs. Norris's £25 cheque; and drew some smaller cheques to Lowdell, Hughes, Walker and the Gas Light and Coke Company, Electric Light Company, and to Kennedy for £12 5s.—I knew Kennedy in Scotland many years ago—I was asked to invest money in shares in this company; I said no.

Cross-examimd by MR. MARSHALL. I kept £6 19s. from the £120 as owing to me by Kennedy I think—of the £82 Elton gave Kennedy £10 on the same day—Miss Maclean gave the £20 she received to Elton to keep for her; it was made out in Mr. Murray's name—she came back afterwards and got me to give her a cheque in her own name, and the other was cancelled—I thought she seemed to thoroughly understand the business—she made the arrangement with the manager of the National Provincial Bank herself, the prisoners remaining in the street while she did it.

HARRY BERTRAM WILKINS . I am a clerk in the Aldersgate Street Branch of the National Provincial Bank—Mr. Mackenzie has an account there—on April 25th, 1895, a cheque for £82 was presented and cashed on his account by seven £10 notes, 36,069 to 36,075 inclusive; two £5 notes, 91,564 and 29,147, and £2 gold.

ARTHUR BAXTER . I am a clerk in the Holborn Branch of the London and Westminster Bank; the Holborn Restaurant keeps an account there—on April 26th a £5 note, 91,564, was paid into the credit of their account.

ARTHUR THOMAS GRANT . I am a clerk in the Oxford Street Branch of the London and County Bank; Louis Cossavella, a restaurant keeper, has an account there—on April 27th, 1895, a £10 note, number 36,070, was paid into his account.

GEORGE GABB . I keep the Haunch of Venison, Bell Yard; I know Elton as a casual customer—I bank with the Capital and Counties Bank, Ludgate Hill; on May 10th I paid in £35 altogether in notes.

ERNEST FREDERICK ANDERSON . I am a clerk in the Capital and Counties Bank, Ludgate Hill; Mr. Gabb has an account there—on May 10th, 1895, he paid in a £10 note numbered 36,069.

WILLIAM MOODY . I am chief letter clerk at the Capital and Counties Bank—Nicholas Sherwin White had an account there; I know his writing—these two bundles of cheques are signed by him; most of them are in favour of Kennedy apparently.

JOHN KANE (Police Sergeant E). I was in charge of this case, and in the course of it I got into communication with Bragge—I received from him a bundle of documents, including some original minutes; some draft prospectuses and agreements and letters—Mr. Frayling afterwards handed me a letter containing these two bundles of cheques ranging from January 9th, 1894, to April 9th, 1895; I took out the amounts of the cheques; the total amount of cheques drawn in favour of Kennedy by White is £222 3s.

Cross-examined by MR. MARSHALL. This statement of accounts is headed, "List of payments made to and on account of Forrester Kennedy from May 22nd, 1894, to July 1st, 1895;" the payments altogether amount to £400.

Cross-examined by MR. GRAIN. I know nothing of White—I prefer not to say whether there is a warrant out against him.

ELTON received a good character.

KENNEDY GUILTY on all counts.

ELTON GUILTY on the first, third, and fourth counts of obtaining money from Miss Maclean—

( NOT GUILTY on the second count, charging the obtaining of £50 from Mrs. Norris ).

Kane stated that he believed Bragge had been led astray by Kennedy. Bragge received a good character.

BRAGGE— Nine Months' Hard Labour. KENNEDY— Nine Months' Hard Labour upon the forgery indictment; Five Years' each upon the second and fourth counts of the misdemeanour indictment; these sentences to run concurrently. ELTON— Judgment Respited.

The COURT and GRAND JURY strongly commended the conduct of Sergeant Kane.

Before Mr. Justice Lawrance.
 

 

JOHN PINNOCK, 47, defendant name in trial of JOHN PINNOCK, ALFRED GIBSON, 19th November 1900. ~~~ Theft > pocketpicking ~~~ [Show/Hide]
10. JOHN PINNOCK (47) and ALFRED GIBSON (41) , Stealing a watch from the person of a man whose name is unknown.

MR. RAVEN Prosecuted.

ARTHUR OWEN . I am a salesman, of 36, Ludgate Hill—on Saturday, October 27th, I was standing outside No. 36 about 9.30 p.m.—I saw a man coming down the street waving a flag—about half a dozen men ran into the roadway and surrounded him—I saw the two prisoners going through his pockets—he was standing up—the two prisoners went into the roadway and went towards St. Paul's Cathedral—my employer was with me—I followed the prisoners—opposite Warwick Lane I saw a man, who is not in custody, walking on Pinnock's left and saying something—I saw Pinnock look at his own hand, and I saw a watch in his hand—I was about 1 ft. away from him—I waited till we got to where there were two constables, when I said to them, pointing to Gibson, "Seize him"—Pinnock made a rush towards the left of the crowd—I followed him—he passed his right arm through the crowd—I seized his arm, and caught hold of his hand—there was no watch in it—I handed him over to the police.

Cross-examined by Pinnock. I did not see you take the watch—I saw it in your hand—I did not expect to find it in your pocket at the station—I thought it was passed—I do not think I have ever seen you before.

Cross-examined by Gibson. There was a great crowd on this night—the people were expecting the C.I.V.'s—I did not say anything to the man who was robbed, because it was all done so suddenly—I was 5 ft. or 6 ft. from him while it was going on—I was not sure he was being robbed when he was surrounded—your hands were in the direction of the man's trousers pocket.

JOHN F. BALL . On October 27th I was coming out of my premises at 36, Ludgate Hill with my wife between 9 and 9.30—my attention was called to a mob of men and women—there was a gentleman who had a little flag in his hand—I saw Gibson with his hands in the gentleman's pocket—I saw Pinnock embracing the man from the back, and leaning over his shoulder, he took his watch from a pocket in front—I saw his hand come over his shoulder with the watch in it—the streets were full, but not particularly crowded on our bide—I followed the two men—they separated; they went into the middle of the road and then came together—I was by their side—Pinnock took a watch from his pocket and turned it over in his right hand and replaced it in his pocket—I saw the dial of the watch and the engraving on the back—the last witness called a constable's attention to the men, and they were taken into custody—I saw Pinnock hand something to a woman, but I cannot swear it was a watch—I held his left arm—I was quite close to them till the policeman took them.

Cross-examined by Pinnock. I went to the station with you—I did not go to the Mansion House on the first hearing, I had other business to attend to—I was not asked to go—I did not go 50 yards away from you—I had never seen you before—I caught hold of you—I had not hold of you when you took the watch—I did not give you a chance to throw it away.

Cross-examined by Gibson. I said I did not see you take anything—I did not tell the gentleman he was being robbed, because I had not time—I told the inspector I had seen a watch taken.

—HUBBARD (361, City). I was on duty on Ludgate Hill on October 27th about 9.30 p.m.—Owen spoke to me—I arrested Gibson, and Owen caught hold of Pinnock—I took Gibson to the station—Pinnock was brought in afterwards—they made no reply to the charge.

Cross-examined by Pinnock. I did not ask you to pull the watch out of your pocket—I searched you; I did not find a belt on you; you were only searched once—I was not exactly surprised to find that you had not the watch—I asked you about your character—you refused to say where you had been working.

Cross-examined by Gibson. At the station you were put into a room, but I was with you.

ALBERT DAY (302, City). I was at the bottom of Ludgate Hill—Owen said something to me, and I caught hold of Pinnock's arm—he said, "What is this for?"—Owen said, "For a watch"—I told him I should take him to the station—he said, "I will go to the station, but I do not know what I have done."

Cross-examined by Pinnock. I expected that the watch was in your pocket—I helped to search you—I do not know anything about your character.

By the COURT. He gave a correct name and address—he is a plumber.

Cross-examined by Gibson. Owen said that Pinnock had stolen the watch.

Pinnock, in his defence, on oath, stated that he was on Ludgate Hill, when he began sneezing, and that his false teeth came out; that he stopped to replace them, when he was seized by a man who said he had stolen a watch; that he was taken to the station; that he did not know Gibson, and had not stolen any watch.

Gibson, in his defence, said that he did not know Pinnock; that the witnesses must have mode a mistake; that he had had nothing to do with the watch, and that if he had, he would have pleaded guilty.

NOT GUILTY .
CLARA PINNOCK, victim name in trial of HARRY MEARS,  13th November 1905. ~~~ Sexual Offences > rape ~~~ [Show/Hide]
66. HARRY MEARS (29) , Unlawfully and carnally knowing Clara Pinnock, a girl above thirteen and under sixteen years of age.


MR. HUTTON and MR. CURTIS BENNETT Prosecuted; MR. WARBURTON and MR. METHVEN Defended.

GUILTY . Three months in the Second Division.
ARTHUR PINNOCK, witness name in trial of EDWARD DUNDERDALE, 15th November 1910. ~~~ Violent Theft > robbery ~~~ [Show/Hide]
DUNDERDALE, Edward (29, porter) , robbery with violence upon Edward Toner and stealing from him 9s. 3d., his moneys.

EDWARD TONER , labourer, 6, Radnor Street, Kentish Town. About 12.20 a.m. on November 2 I went to a common lodging-house in Howard Street, Kentish Town, for a bed. I gave the deputy a half-sovereign and he gave me 9s. 6d. in change. I went out and bough a pint of ale which I brought in. I sat down in the kitchen and was having my supper, when prisoner and another man walked in. Prisoner took up my can of ale and handed it to the other man, but he refused to drink. I told him if he drank it he would have to pay for some more. He came over to my side and struck me a severe blow on the left side of the jaw, knocking me on the floor and smashing two of my teeth. He then jumped on my stomach. He put his right hand into my left-hand trouser pocket and took out my purse containing 9s. 3d. I got up to protect myself and he struck me on the temple and again jumped on my stomach, causing me great pain. I am still feeling the effects of the violence; food makes me vomit. I shouted, "Murder!" and "Help!" and the deputy came down. I told him what had happened. Prisoner and his friend ran away. Two days afterwards I identified him at the police-station.
See original Click to see original

Cross-examined by prisoner. When you came down I was not singing and dancing with three or four others and I did not spill some beer over you. I have never said you knocked me insensible.

GEORGE SIMPSON . On the morning of November 2 I was acting as Assistant deputy at the common lodging-house at 104, Howard Street. I have known prisoner to come there occasionally. About 12.45 prosecutor came in with a can of beer and sat down. Prisoner, who came in with a lad, drank from it. Prosecutor asked him if he was going to pay for some more and prisoner struck him on the left side of the face and in the stomach. There was some wrestling and they fell to the floor twice. When they got up the second time prisoner ran away. Prosecutor showed me his pocket, which was torn. I did not see prisoner bring in any ale nor did I see prosecutor spill any beer over him. I identified prisoner two days after.

To Prisoner. I was there all the time you were fighting. It must have been a foul fight, because he offered no resistance; you could not call it a fight really.

Dr. THOMAS MARSHALL, divisional surgeon, Y Division. At 9 p.m. on November 4 I was called to see prosecutor. There was a very recent scar on the inside of his mouth caused by the cheek being forced against the teeth, and there was one tooth in the upper jaw out and one badly broken. Such injuries could only have been caused by a violent blow with the fist. He complained also of a blow on the forehead, and I saw a little swelling there. He did not mention any injury to his stomach; he ought to have done so.

ADOLPHUS WILLIAM LANE , deputy at the common lodging-house, 104, Howard Street, Kentish Town. About 12.30 a.m. on November 2 prisoner, whom I know well, came in. I asked him to go out, but he refused. Previously to this prosecutor had come in, paid 6d. for a bed, tendering half a sovereign, from which I gave him the change; he then went out, returning with a can of beer at 12.30 a.m. he went down in the kitchen. Prisoner then came in and went down there. He afterwards ran out, and I ran after him with a hammer.

To Prisoner. You went down to the kitchen at about 12.45 a.m.

Police-constable ARTHUR PINNOCK, Y Division. On November 2 I took statements from prosecutor and (Simpson. At 5 p.m. on November 4, at the Caledonian Road Police Station, I explained to prisoner the evidence I had received, and he said, "I had some of his beer, but I did not have his money. What is the charge going to be? I have been told it is highway robbery with violence." I told him the charge would be for assaulting prosecutor and stealing 9s. 3d. from him. I took him to Kentish Town Police Station. On the way he said, "You know this might mean the 'nickers' (penal servitude) for me." He was identified by prosecutor and the deputy without hesitation. On being charged he turned to prosecutor and aid, "Did you spend your money in drink, or did I have it?" Prosecutor made no reply.

EDWARD DUNDERDALE (prisoner, not on oath). I went to this common lodging-house on this evening with a can of beer, when I found prosecutor with the deputy and other men singing and dancing.

Prosecutor spilt some beer over me, whether accidentally or not I do not know, and I asked him to apologise. He would not, and we had a fair stand-up fight.

Verdict, Guilty.

Prisoner confessed to a previous conviction of felony on May 17, 1910, at Marylebone Police Court.

HARRY BARLOW (warder, Pentonville Prison) proved this conviction and the following: November, 1896, Marylebone Police Court, bound over for larceny; September, 1897, same court, three months as a rogue and vagabond; July, 1901, North London Sessions, 21 months, possession of housebreaking implements; and five further convictions in 1906, 1907, and 1909, all for assaults on the police and private persons.

ARTHUR PINNOCK (recalled) stated that he had known prisoner since he was 17; that he had served in the Army from 1903 to 1906, leaving with a good character; that he was noted for his violence, and that he in the majority of cases struck his victims in the stomach.

Sentence, 20 months' hard labour.

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