The Sun.
London, England, 1866-10-04 00:00:00

MIDDLESEX SESSIONS—Oct. 3.

(Before Mr. Payne.)
MORE POLICE EVIDENCE.

John Bishop, who pleaded guilty last sessions to an in-
dictment charging him with having house-breaking imple-
ments in his possession, and against whom judgment was
deferred, was again placed at the bar.
It will be remembered that after the prisoner pleaded
guilty, Sergeant Bridle, 404 A, stated that the prisoner was
charged in 1860 with house-breaking at the Old Bailey, in
the name of Epsworth, when he was sentenced to be kept.
in penal servitude for four years.. He was indicted with
another who gave the name of Jackson. The assertion,
corroborated as it was by five other sergeants and four
constables, the prisoner positively denied, and said to show
how careless the police were in cases of identity, he would
state, notwithstanding that statement might criminate him-
self, that in 1860 he was serving a part of a sentence of six
years' penal servitude passed upon him in 1857, and there-
fore he could not have received a sentence of four yekrs'
penal servitude in 1860. Ho challenged the fullest inquiry
into all the facts, and said that if inquiry was made at Mill-
bank it would be found that he was there in the name of
O'Donohue, that he worked as a plumber there with a man
named White. Afterwards he went to Portland, and from
thence he was sent to Bermuda, returning to England in
1861, which, of course, precluded the possibility of his hav-
ing committed another crime in 1860. On Monday, when
this matter was brought before the court Mr. Payne di-
rected that some person from Millbank should to-day be in
attendance to prove whether the prisoner vas the same
person who was recorded in their books as O'Donohuo,
and was sent to Bermuda prior to 1860. On the prisoner
being again placed at the bar this day,
Mr. Payne said—Before I go into this case, I want to
know what witnesses are here ?

Sergeant Bridle said the sergeant was present who had
made the inquiries.

Mr. Payne—l want to know if there is any one here
who can say that O'Donohue is the same person as was
sentenced at the Old Bailey in the name of William Eps-
worth ?

Sergeant Bridle—l do not think there is any one hereto
prove that. The master of the plumbers' shop in Millbank
Prison is here.

Mr. Payne—There is no doubt that a person of the name
of O'Donohuo was convicted at the Central Criminal
Court, was received from Bermuda on the 23d of October,
1861, and discharged in November 1861, with the licence
No. 10,080, but unless you can identify the prisoner with
that licence we shall make little progress with the mat
ter. However, let the prisoner be given in charge of the
jury.

Mr. llodgkinson, the deputy clerk of the peace, then said
the prisoner was charged with having been convicted of
housebreaking at tha Central Criminal Court on the 7th of
May, 1860, in the name of William Epsworth, and son-
tencod to be kept in penal servitude for four years, to
which indictment he had pleaded not guilty, and it would
be their duty to inquire whether he was guilty or not.
A police-sergeant put in the formal record from Mill-
bank of O'Donohue having been in that prison, and sen-
tenced to penal servitude for six years, and also as to his
discharge on his return from Bermuda.
John White said—l was in Millbank Prison for twelve
y ears. I have left there six years this month. I was
employed on the establishment. I left on the 31st of
October, 1851.,. I did not belong to the prison when
O'Donohue came homo from his punishment at Bermuda.
I know that the prisoner at the bar was in the prison, and
that he worked with me, but the date I cannot call to
mind. Ido not know when he came in or whoa ho went
away. le was employed sometimes as a plumber, painter,
or glazier with me. Whether he was there for six or four
years I cannot tell.
The prisoner—l was only in Milbank six months.

Mr. Payne—This man does not show that the certificate
from Millbank applies to the prisoner, or that it applies to
the man of the name of O'Donohuo, who was discharged in
November, 1861. Had he been at liberty there are hun-
dreds of people in London to prove that, but he has done
nothing of the sort. Have you any witnesses who, after
the 11th November, 1861, can tell us where you were
and what you did ?

The Prisoner-1 went home to my friends, and I have
been there ever since.

Sergeant Bridle—Ho admits that ho has had twelve
months sinco.

The prisoner—Hero is a man brought from tlAe
Mill-
bank establishment who proves that in 1858 I was under
his care, and six months afterwards I was transferred to
Portland.

Mr. Payne (to White)—Aro you quite sure that this man
was in Alillbank before you wero discharged ?
White—l am quite sure he was there.

Mr. Payne—lle would have not been there unless
he had been under sentence of penal servitude ? White—
I do not know what he was there for:

Mr. Payne—The simple question is—Are these people
mistaken ? Is this the man O'Donohno ?

Sergeant Cole, C division, was then called.
Mr. Payne—You say that this man was tried at the Old
Bailey in the name of O'Donohue ? Sergeant Cole—Yes,
and it has come to my recollection that after he went away
from the Old Bailey he was convicted and sentenced to 12
months. Before he got his six years I saw him daily, as
he had relatives in the neighbourhood of Seven Dials.
Mr. Payne—Are you sure, after the lapse of so many
VsnT°l ti" 7.1, are not mistaken ? Sergeant Cole—l feel
confident, and on my oath to the best of my belief I say
that he is the man.

Mr. Payne—What is his age in the calendar? Sergeant
Cole—lt is 44 now, it was 33 then.
Mr. Payne—lf he came out of prison in 1861 you must
have seen him up to 1866. Sergeant Cole—l will not
swear that I have not seen him during that time.
The prisoner—For the best part of the time I was with
my friends in Northamptonshire.
Mr. Payne—lf you came out in 1861 with a licence,
there must be plenty of people who have seen you up to
this time.

The prisoner—I was convicted at the Old Bailey, and
sentenced to six years' penal servitude, and you have got
black and white to prove it. That at any rate is much
better evidence than the mere word of these policemen
that I am William Epsworth.
Mr. Payne—Have you some evidence that you wore at
large for throe years? The prsoner —lt was in 1860 that I
was accused of this offence, and at that time I was not in
this country.
Mr. Payne—lf you came out of confinement in 1861,
cannot you prove that you were at large from 1861 to 1864 ?
The prisoner—I was convicted at the Old Bailey in 1856,
and liberated in 1861. Sergeant Cole, without any intima-
tion on my part, came forward to prove that I could not be
the person who was convicted in 1860.
Mr. Payne—Nine witnesses swear that this man was
tried at the Old Bailey in 1860. The prisoner—From the
first to the last I said that I was not the man.

Mr. Payne —And Ido not say that you are. The pri-
soner—Let me say one or two words to tho jury before
they give their decision. Sergeant Cole, who was sent for
without any communication from me, said that I was
arrested in 1855, committed to the Old Bailey, and sentenced
to six year's penal servitude. I was transferred to Mill-
bank, and was there for eight months, six months of that
time being under the charge of this man White, who was
in the prison for twelve years, and who is not a de-
graded man like me. I was then transferred to Port-
land Prison, and from there I was sent to Bermuda.
I came back in 1861, and the governor's signature to
the document shows that I was discharged in 1861 :
notwithstanding that those police-constables come for-
ward and say that I was convicted in 1860. Here
is the governor's signature, which is a proof of my
discharge in 1861 from Millbank Prison. I will now tell
how I obtained the name of O'Donohue. When in 1855 .1
was arrested and taken to Marlborough-street I refused to
give either my name or address, and at Newgate I was
tried without any name at all. The deputy-governor of
Newgate, Mr. Humphreys, however, wrote on the top Of
the indictment, " I don't know who," which was made
into O'Donohue, and I served the whole of my sentence
under that name, and under it I was discharged. My
lord, what will satisfy you ? If you want something more,
send me arrested to Millbank, and there I shall be recog-
nised by at least a dozen witnesses. My lord, what further
proof do you want ?
Mr. Payne—l want some one from Millbank to recog-

nise you as the man O'Donohue. It is said that you were
received from Bermuda in Millbank on the 23d of October,
1861, and that you wore discharged on the 7th of Novem-
ber, 1861. If you could bring some one to prove that, that
would be satisfactory evidence.

Sergeant Cole—l recollect that when the prisoner was
taken to Vine-street station, and also at the Old Bailey,
that ho refused to give his name and address. I know him
very well before, but I did not know his proper name. He
was convicted without a name or address, and I saw no-
thing of him till I saw him at the Old Bailey after he was
tried and sentenced. I was present at his trial in 1855, but
I do not know how he got the name of O'Donohue.
The Prisoner—l do this to prove to the Court that police-
men do make mistakes as to identity at times, although, at
the same time, in doing so 1 have brought forward sub-
stantial proof against myself. Last Monday your lordship
said whatever I said would make no difference in passing
your sentence.
Mr. Payne—What I said was, that as you told me you
were discharged in December, 1861, from Milbank Prison,
I want some one from there who saw you after you came
from Bermuda. I want some one to show rue that you
were turned out with this ticket No. 10,080.
The Prisoner—Put me under arrest and send me to Mil-
bank, where I shall soon be identified, and I vrill soon prove
to you that I am not Epsworth.
Police-sergeant P 9 said he had inquired at Milbank, and
was told that no one could identify him.
Mr. Payne (to prisoner)—You have not shown where
you were between 1860 and 1864.
The Prisoner—What has that to do with what occurred
between 1856 and 1861 ?
Mr. Payne—l want nothing but the truth.
The Prisoner—Nor more do I. I Lave committed myself
Prisoner—
atthis Court, for I have made myself worso than they have
attempted to prove. Put me under arrest, and put me in a
condition to prove the truth of my assertion.