The Sun.
London, England, 1860-09-19 00:00:00

SINGULAR CHARGE OF STEALING £305.

Yesterday, at the Manchester City Police Court,
two women, each named Elizabeth Kellett, mother
and daughter, who had been admitted to bail since
Thursday, were charged under warrant with steal-
ing £305, the property of Thomas Goulden, a coal
agent carrying on business in Manchester. Mr.
W. P. Roberts, who appeared for the prosecutor,
stated the facts of the case, which are given in the
evidence.

Thomas Goulden said—l have known the pri-
soners about two years and a half, having lodged
with them on first corn ing to Manchester 12 months.
At that time my wife was living in the neighbour-
hood of Legh, where I had previously been engaged
in the service of the same colliery owners. I left
the prisoners' house 18 months ago; and about four
months since I took my money to deposit with
them. It was in a box which was locked, and I
kept the key. There was £lBO in notes, and £125
in gold. Abont three weeks ago I discovered that
the money had been abstracted from the box, and
although I have made several attempts since to get
if, I have not succeeded.
Cross-examined by Mr. R. B. B. Cobbett (who
defended the prisoners)—On first coming to Man-
chester, I took lodgings with theprisoners the same
evening : the mother had previously kept some
premises for my employers, and has done so since.
do not deny that about five months ago I became
exceedingly intimate with the daughter, but the
mother was not then away from home. That inti-
macy continued until the last three or four weeks.
I was 27 years of age last June, and have been mar-
ried seven years. I was led to deposit my money
with the prisoners on account of the bad conduct of
my wife. I was fully aware that banks are the most
usual places in which to deposit money ; but I had
saved mine bit by bit, and I liked to look at it now
and then. (Laughter.) I had an " idea" of going to
America, and taking the younger prisoner with me ;
but I only said to her that I would go to America if my
wife did not alter. I never proposed to take a
house in Manchester for her. She has said several
wmieshaelal tomhyewrsieflef. (Laughter.)
was dead, so that
she ems
itghhatt
hsahvee
Mr. Cobbett—And that did not shake your
affection for her ?
Prosecutor—Not a bit. (Renewed laughter.) I
desired to have the money back as soon as she
proved inconstant to me. I considered her incon-
cash-box. (Laugh-
aed been done three
ter.)
I t wlielenarshaeedbrtohkaet openthis h
th
weeks last Saturday. I had an appointment with
her at eleven o'clock that morning to take her some
herbs, I suppose for her 0% s purpose. I did
not know that she was in the family way, but
I suppose that she did, and that the herbs were
to procure abortion. It was at her own pro-
position that I got the herbs. She gave
me the recipe, and I bought them in the market.
She said she had been to a lady Mend and had
copied the recipe from a book. She told me that
if I dial not get the herbs she would poison herself,
and under these circumstances I complied. I have
at different times made her presents, the last one
being a gold watch, value £B. I have given her
ear-rings, and a ring for her finger. I have not
asked to have them back. I have insisted on ,
having the money back since the box was broken
open.
Two letters, which the prosecutor admitted were
in his handwriting, were then put in and read.
The first, dated Sept. 3, two days after discovery
that the money WS gone, was as follows:

Dear Miss Kellett,—l find myself completely at your
mercy; and on go;ng over my accounts I End I am defi-
cient of £2O, which makes me very uneasy. I did not care
my being short while I knew that I could make it up ; but
in my present position I hope you will think how kind and
honourably I have acted towards you of late. If you will
only thi'ik the case over you NN al not wonder at my defi-
ciency. However, I will leave the case in your hands, and
will come to see you to-morrow afternoon, say one o'clock.
—Yours sincerely, THOMAS GOULDEN.

The second letter, dated September 4, was of
a similar character, but stated that the prose-
cutor had ascertained that his deficiency amounted
to £35 15s. It concluded, " I really don't
know what to do.—Yours truly, Thomas Goulden."
The prosecutor, in continuation, said—l wanted all
the money when I wrote those letters; but it was
my policy to get it back as I could. Since I have
charged the prisoners with felony, I have not offered
to settle the matter by giving them a considerable
sum of money. An agreement, in the handwriting
of the prosecutor, having been banded to him, he
said—l drew this up at the dictation of Mr. Frede-
rick Brown, a relative of the prisoners, who
called upon me to see if some arrangement could
not be come to. His proposal was that I should
give the daughter £6O and himself £25, to defray
the legal expenses which had been incurred; but
after writing out the agreement, I refused to
sign it.
Re-examined by Mr. Roberts—On Sunday, the
2d inst., I called upon Mrs. Kellett, and asked her
for the money. She said her daughter had told her
that I had got the money, and I replied, " Nothing
of the kind ; I have never seen it." The daughter
was out, but I called the same evening, and she
said she would try to get it for me. I called next
morning, when she told me that she had banked the
money, and I might go to the -- for it. I have
heard her say that she is 27 years of age : perhaps
she is more. The recipe for the herbs was in her
handwriting; I destroyed -it for fear my wife
should get it. I pressed her not to take anything,
but let it take its conrse. When Mr. Brown called
upon me about the settlement, I offered to give the
daughter £5O, but he said that was not gentle.
manly. (Laughter.)
By the Court (at Mr. Cobbett's request)—l saw
the daughter last week in bed ; she was ill. I called
for a musical box which I had left at the horse.

Superintendent Maybury, of the detective de-
partment, stated—l went to the prisoners' house,
in Canal-street, on Monday week, and read the
warrant to them. The daughter admitted that she
had received the money, but she said the prosecutor
had given it to her for an improper purpose. The
mother said it had all taken place while she had
been away. I asked for the money, when the
daughter replied that the greater part of it was in
Messrs.. Heywood's bank ; but the remainder, which
was in the house, she handed to me. There were
£29 in gold, £1 in silver, and a bank book (show-
ing that £270 had been deposited in the bank, in
her own name) in this box (the prosecutor's), which
was locked. The box appears to have been broken
open, and afterwards repaired. The daughter told
me that the key, which she handed to me, was given
to her by the prosecutor, after the box had been
broken open.
The prosecutor, in explanation, stated that as the
daughter said she would not give him the money
until the box had been repaired, he gave her the
key for that purpose.
Mr: Cobbett, addressing the magistrates, said the
question which they had to determine was whether
this was a case in which it was incumbent upon
them to commit the prisoners to take their trial for
felony. The only evidence before them was that of
the prosecutor. He had called no witnesses—pro-
bably he could not—and the proceeding ho had
elected to take against the prisoners wns such as to
shut them out from giving evidence. If the prose-
cutor really felt himself injured-- w hich he (Mr.
Cobbett) did not believe--the proper thing for
him was to go to a civil tribunal where both sides
would he heard, and bring an action for the re-
covery of the money. The prisoners were both
women of undoubted respectability, until this unfor-
tunate intimacy arose between the daughter and
the prosecutor, so detrimental to her interest. Mr.
Cobbett commented in severe terms upon the pro-
secutor's conduct, portions of whose evidence was
at variance with the instructions which he (Mr.
Cobbett) had received. The suggestion to attempt
to procure abortion, he was told, came from the
prosecutor.
Mr. Ellison, after consulting amongst the magis-
trates, said they had no doubt that the case was
one in which a jury would not convict the pri-
soners ; and it was, therefore, not their intention
to send them to tAke their trial. The magistrates