The Sun.
London, England, 1857-01-15 00:00:00

THE_ SUN, LONDON, THURSDAY EVENING, JAN GARY I IS, 1857.

THE GREAT GOLD ROBBERY.

CENTRAL CRIMINAL COURT--JAN. 14.
SECOND DAY.
[The following appeared in part of our impression of
yesterday :--]
(Before Mr. Baron Martin and Mr. Justice Willes.)
The learned judges took their seats on the bench at 10
o'clock this morning, when the prisoners Pierce, Burgess,
and Tester were placed at the bar.
Thomas Sharman, who now keeps the Torrington Arms
at Mereworth, Kent, deposed that in October and Novem-
ber, 1854, he was station clerk at Folkestone, and he then
saw Agar and Tester together there. He spoke to them,
and went to the Pavilion Hotel with them and had some
refreshment. [This witness is the " sedate young man"
whom Agar, in his examination yesterday, said he could
not corrupt.]
By Mr. Sergeant Ballantine—He did not recollect if
Tester introduced Agar to him. Hasel, the policeman, had
previously cautioned him that Agar was a suspicious cha-
racter. He went to the Pavilion at Tester's invitation.
After he saw Agar he informed Hasel that he thought he
was mistaken about him.
Mr. G. H. Ham], inspector of police on the South-Eastern
Railway, deposed that in May, 1854, he was stationed at
Folkestone. He saw Pierce and Agar there on
severs: occasions. They walked on the pier and watched tke
arrival and departure of the boats. He had a reason at
that time for watching Pierce more than any ordinary per-
son. He made a communication to Steer, of the Folke-
stone police, respecting Agar and Pierce. He saw Agar in
October, 1851, at the booking office. Sharman was in the
office making up his money. On the following day he
saw him speaking to Tester on the pier, and they after-
wards walked in the direction of the Pavilion Hotel. Tester
left for London the same night.
Cross-examined by Mr. Sergeant Ballantine—Most
people, when at Folkestone, walked on the pier to see the
arrival and departure of the boats.
Mr. Sergeant Ballantine—There is nothing else to see
there.

Witness—Not that I know of. (Laughter.) Tester
afterwards left the company's employ with a good character,
and went on a railway in Sweden. He did not know if he
surrendered to take his trial for this charge. He did
not like the appearance of Agar, and he therefore cautioned
Sharman against him. He did not say anything to Tester
about him, because he appeared to know him so well.
By Mr. Sergeant Parry—Pierce was ticket printer to
the company, and was well known on the line.
By Mr. Gifford—Burgess had been in the company's
service about 10 or 11 years.
Mr. J. Steer, superintendent of Folkestone police, cor-
roborated Agar's evidence as to his and Pierce's visits to
Dover and Folkestone together, and their being on the
pier on the arrival and departure of the boats. When.
ever they saw him they separated and walked away, par-
ticularly Agar. On one occasion he saw Burgess with
Pierce on Folkestone harbour.
Henry Williams was on duty at Dover on the night of
the 15th May, when the bullion train arrived. Burgess
and Kennedy were the guards. Just before the departure
of the up express train, at two o'clock a.m., he noticed
two men go through the office. Burgess, Kennedy, and
himself were standing together in the office at the time.
One was taller than the other; one dark, and the other
light complexion. Witness was going to speak to them,
but seeing another porter go to them and speak to them he
did not do so. They afterwards want on the platform.
Witness only issued two tickets for that train. The two
men above referred to did not take tickets.
Joseph Witherdon, porter in the company's employ—
He was on duty on the night of the 15th May, 1355. Just
before the departure of the up 2 o'clock a.m. train, two
nen with carpet bags, and wearing short cloaks, came on to
the platform without taking tickets. From the manner in
which they carried the bags they appeared to be heavy.
He spoke to theta about their tickets, and they produced
two Ostend return tickets. One of them gave him money.
He asked them if their luggage had passed the Custom.
house, and they replied that they came over the previous
night.

fir. W. Clark, landlord of the Rose Hotel, Dover, de-
poned that two men—one a tall, dark man, the other a
short, light complexioned man, came to his house and had
some refreshment, and remained the night. It was in the
early part of 13-51. They asked the way to Dover, and
left in that direction.
Robert Clark, waiter at the Dover Castle, Dover, re •
collected two men coining to the hotel in May, 1155 ; one
was sh„rter than the other ; they left about half-past one
o'clock to go by the up two o'clock a.m. express train ;
previous to their leaving they had some brandy in a soda-
water bottle ; they had bags with them.
Matthew Dickinson, policeman, stationed at London-
bridge—On the night of the 15th May he was a porter. He
recollected the arrival of the train at London-bridge at
half-past 4 o'clock ; only four passengers, he believed, came
by that train. From the carriage he opened two men came
out ; one man was taller and of darker complexion than
the other. The man who first stepped out of the carriage
had a bag with him; he believed they had no other luggage.
The one he spoke to had on a cape, and had dark hair and
whisters. The two men went down the platform together,
They dechlued his offer to procure them a cab.
William Woodhouse, a porter on duty on the morning
01 the 16th May, gave similar evidence to the above wit•
ness. There was no other luggage in the van that

morning.
Stephen Jones, gavel en the South Eastern Railway,
deposed that on the night of the 15th of May Tester came
up by his train to London. Ho had a black leather bag
with him. He had seen Pierce and another man four or
rive times on Folkestone pier. In 1833 he saw Burgess,
Pierce, and Agar together at Stearne's public-house in
Tolley-street.
Cross-examined by Mr. Sergeant Ballantine—He was
examined in June, 1855, about the robbery, but he never
said anything about the black bag until after Agar's exa-
mination, which directed his attention to it. He did not
see anything unusual about their bag.
Me. Frederick Ruasell, clerk at the London sta-
tion of the Greenwich Railway, deposed that one
night in May, 1855, Tester came to the office about ten
o'clock. lie said he had come up from Reigate
and he left a black leather bag in the office whilst he
went somewhere. He returned in time to go down to
Greenwich by the last train. Tester then lived at Lewis-
ham. Tester was not in the habit of going down by the
last Greenwich train. It was before I heard of the robbery.
Tester was mania,' about two months before the robbery.
John Perry, night watchman at the Greenwich Railway,
deposed that on the night when Tester left the bag in the
office, he moved it. It felt " lumpy" and heavy, as if a
stone were in it.
Mr. Chubb, of the firm of Chuhh and Son, the eminent
locksmiths, said they made four bullion chests for the com-
pany. There were two different locks on each safe. All
the right bond locks were the same, and the left handlecks
were all alike. This evidence was corroborative of Agar's
statement that the robbery was delayed in consequence of
some repairs and alterations being made in the locks of the
bullion chests.
Mr. Knight, successor to Mr. Brown, superintendent of
the line, deposed that Tester was a clerk iu his dice. In
May, 1855, it was Tester's duty to regulate the guards of
the trains. The April guard-list of that year, with the
names of Burgess and Kennedy in it, as guards of the
mail train for that month, hail the words " and May"
added to it, thereby continuing the April list for
the month of May. lie called Tester's attention to it, and
be replied it was usual for it to be done. Tester had no
control over the keys of the bullion chest ; they were kept
by Mr. Browne, who directed Tester when to use them.
He knew of no besinees of the company requiring Tester's
attendance at Folkestone, except on one occasion, in Sep-
tember, 1854.
Cross-examined by Mr. Sergeant Rallantine—On Iwo or
three occasions in 12 months the guards had been kept on
the trains for the second month. Kennedy, the ander-
guard of the train at the time of the robbery, had been on
it in March, April. and May.
Mr. Matthews, from Messrs. Massey, money-changers,
St. Mary Axe, proved that he bought 210 American gold
eagles on the 16th May. He gave 2131. 10s. It was about
nine o'clock in the morning that he bought them. He could
not identify the man of whom he bought them. He paid
for them in English gold at the man's desire. The man
appeared tired, as if he had travelled.
Mr. R. Brommiell, money-changer in the Haymarket,
deposed that on the 16th May he purchased 200 American
eagles for 2031. GA. Bd. by cheque on the Union Bank, pay-
able at the branch at Pall-mall, East.
Mr. Alexander White, clerk at the Pall-mall branch of
the Union Bank, proved caching the above cheque.
Mary Ann Porter proved that she knew Agar in the
name of Adams. He lived with her about two years ago
in Herleyford-road, Vauxhall. He lived with a female
who passed as his wife. Pierce visited Adams in the name
of Peckham. The latter assisted Agar when he left to
move his furniture.
John Honour, hairdresser, of Lambeth-walk. deposed
that when Pierce lived in Walnut-tree-walk he drawled a
dark wig for him. 1t eves in November, lese,
Poland Kay was then called and examined by
Iw asacgaVfuntnb ediwidigtehAAtagtaillrj.
was
. FannyengagedSergeant
Sn ht eh e
e.
refreshmente fo r
room
Burgess introduced her to Agar,bywhti,i)lmpemer,
seheehadba child.lBs4
She lived with him at various places
t whenhat
bweiftehreeaAchgaorthweern.
went to
sh theyehad wentgee
seen
o Agar and
pit;
Pierce
to retogethersite. very Previousefoften.
nto
Td
ihdeyn
eatpspeeea rßeidi
rtgoe essi
nwtehl le
larcqeoutualpnatentyi
Shepherd's-bush. Pierce went by the name o
Slay,Peckham.
She recollected her child going to be weaned in
fortnight Charlotte a
fPainterterle
fthen n
a livedsen
dwaiyt h.
hher
wents a t o servant.see it,bli BAd
after the death of Mrs._Bessell, hernesxbtefredeoo,r
annedig.
woeuerk,
on the 18th of May, 1855. A few days
after Agar was sbsent all night. It was on the Tuesday or
Wednesday. Sho next saw him in the afternoon with
Pierce. They came in a ca,t, and she believed they had two
bags with them, which they carried in to the wash-house. She
did not see the bags opened. After that Pierce came
daily. After the 21st of May, he and Agar were on the
first floor, she looked into it once, and she saw they had
the stove out, and a bright fire ; they both ran to the door
and prevented her going in ; previous to that they
had been notch in the wash-house together, when she
heard them hammering. They had drab shooting leather
bags. When they were upetaioi, she heard a noise like
the roaring of a large fire ; she heard that for several days.
She saw Pierce bring down from the room what appeared
to bo square pieces of stone. When they came down to
their meals they appeared hot and dirty, and to her in-
quiries what they were about, they replied " leather apron
weaving." She heard them in their conversation mention
Burgess and Tester's mums. Afterwards, she noticed that
in the upstairs room the stove had been replaced and black-
ened, and that the floor was burnt in two places. Pierce
and Agar had short cloaks. She had seen Pierce with more
hair about his face than now, but it was his own. She
then detailed Agar's leaving her, and his visiting her before
he was arrested. Her child then was at itotheihithe with
a cousin of his. Some time after he left her she resided

in George's-road, and Agar provided for her till the Janu-
ary following. Ho was to have allowed her 1/. a weak,
but he did not do so. In January she went to Pierce's to
reside, and remained there till April. She left on account
of a disagreement. Agar had two trunks there ; they
contained his clothes and tools. She saw his watch, ring,
and a set of shirt studs there, but no money. She saw in
Pierce's possession a bag of sovereigns before she went to
live with him. Pierce before that said he had asked Agar
for a sovereign, and he refused him, and that sometimes
he could get money out of him and sometimes not. Pierce
once asked her to lend him a shilling in 1854. Previous
to the robbery Pierce used to have Agar's old clothes. He
used to take them away. After the robbery she saw in
Pierce's hand a roll of notes. After she left Pierce's house
she became distressed, and applied to Pierce for relief.
Mr. Sergeant Parry objected to this evidence.
Mr. Sergeant Shee—l shall follow it with another. Did
she make a statement ?
Mr. Baron Martin—l don't think it is evidence.
Witness continued—She repeatedly applied to Pierce
for money without success, and after that she made a com-

munication to Mr. Weatherhead, the governor of Newgate,
and then to Mr. Rees.

Cross•examined by Mr. Sergeant Parry—She was 23
years of age. She left Tunbrige-etatio❑ in 1852. She was
dismissed, but not for dishonesty. She had not lived with
any one else than Agar. She knew a person of the name
of Treas. She did not consider her conduct had been im-
proper with him. She knew a person named Hart. She
did not live with him. He came to see her in town. He
I had given her a sovereign or two, but not for an improper
purpose. He was no relation of hers. Tress gave her St.
after she left Tunbridge. She did not know why she was
dismissed. She had 121. a year and her board and lodging
at Tunbridge. She was not dismissed for impropriety
of conduct at Tunbridge. She knew a gentleman named
" Bill Barber." He was under-guard. He never gave
her money. She remained at home with her mother
about eight months, and she then went to Johnson's-street,
Somar's-town and she had work from Mears. Crosse and

Blackwell's, Soho square. Hart called there and saw her.
She lived then with her mother, but Hart, who visited her
then, never saw her. It was there she knew A gar as
Adam. He left her twice, but not that she was aware of
for her drunken habits. She was not in the habit of doing
so. When the child was registered and christened she
knew Agar's name. That was in July, 1854. She
only knew him in the names of Agar and Adams.
She knew a person named Hodges. He used to give her
money. He used to give her a sovereign at a time. He
was not with her a long period at a time. She had been
out two nights whilst at Pierce's. She quarrelled with
him on account of a letter she had from Agar, and not on
account of her drunkenness. She would not swear she
had not been brought home there drunk. She did not re-
collect tieing brought home drunk in a wheelbarrow at
Shepherd's-hash, but it might have happened. (Laughter.)
She had not been to Portland to see Agar. The Railway
Company had supported her since last October. She knew
Pierce to be what was called a betting or sporting man.
She had not seen him with money he said he had
won on races. She never saw him with a betting-book.
She would undertake to say she had received 801.
of Pierce. She would venture to swear it was not
1001. Mrs. Pierce had only in a friendly way advised her
not to get drunk. She had no occasion to complain of her
whilst in her house.
By Mr. Oiffard—She was introduced by Burgess to Agar
at the Green Man public-hous3, Tooley-street. After that
she never saw Burgess and Agar together. She did not
kn.♦ till after Agar's conviction that he lived with a per-
son named Campleell.
Re•examined by Mr. Sergeant Shee—Hart made hon-
ourable proposals to me, and after he loft Tunbridge she
was engaged to him. It was during that time—after her
mother's death—that he gave her money. Hodges did
not give her money for an improper purpose. Pierce saw
Agar's letter to her, and said he was mad— he never had
any money. She never heard of a sum of 3,0001. being left
for her and her child.
Mr. Baron Martin—l must certainly knon if it be true.
Because Agar said he gave to Mr. Wontner 3,0.:01. to b 3
invested for her and her child.
Witness continued—ln the letter she received from Agar
he directed, amongst other things, that she was to pur-
chase a silver cup for her child and Pierce's son, and that
Pierce would let her have the money. She never had the
money to do it. She was now living with Inspector
Thornton.
By Mr. Baron Martin—Have you ever heard of 3,0001.
being invested for you and your child S'
Witness—No, my lord.
Mr. Sergeant Parry—lt is in the hands of the railway
company.
Mr. Bodkin—No, it is not. It is a mistake.
Mr. Sergeant Parry—Mr. Wontner made an explanation
before the magistrate, and he was ready to explain now if
he were to be considered a witness for the prosecution.
Mr. Sergeant Shee—Certainly not.
Mr. Sergeant Parry—Then I decline to put him in the
box.

Mr. Baron Martin—You must take your own course.
Mr. Sergeant Shoe—l wont take advantage of Mr. Wont-
ner'e statement to claim a reply.
Mr. Sergeant Parry—Then, as your lordship wishes to
have the matter explained, I will call him.
Mr. Baron Martin—l have no wish for it being done
personally. If the money is invested for her, she ought to
have it forwarded. The Crown had no claim on it.
Mr. Wootner—But, your lordship, I think, after what
has transpired, that I ought to have an opportunity of
explaining.
Mr. Baron Martin—l think you should, Mr. Wootner.
Mr. Wontner, —Agar, whom I defended, had had a sum
of 3,0001. invested for a considerable period in the 3 per
cents., and at his request I sold it out, realising 2,7001. for
it. A number of payments were made out of the money
realised, which reduced it to 2,5001. Agar sent me a writ-
ten order, which I acted on, and paid the money ever to
Pierce as requested, which he has invested in Turkish
Bonds. The Benda have been naked by the prosecution,
and they are now in their possession. I have taken the
trouble to trace out the notes paid to Pierce and the notes
with which he purchased the Turkish Bonds, and I find
they correspond. lam prepared to prodace the documents
in reference to the transaction.
Agar was then recalled at the request of Mr. Serjeant
Bal,antine, and said that Pierce communicated to him
that he had heard from Tester that one of the keys of the
safe on board the Folkestone boat was lost. Witness was
not on board the boat when the key was lost.
Evidence was then called to prove that Agar and Pierce
had been driven by cabmen to St. Thomas-street several
times previous to the robbery, and also that Burgess,
Pierce, and Agar were frequently together before
the robbery. Mr. Stearns was also called, and proved that
he kept the White Hart in St. Thomas-street previous to
May, 1855, and that Burgess and Pierce frequented his
house. He had seen Agar there, but he could not say when
it was, in companywith Pierce and Burgess. He proved that
he received from the barman a parcel that had been left
there for Burgess, and his calling for it, when it was pro-
duced and opened to him. Ho then gave witness 5001. to
invest for him. As Burgess objected to deposit it at a
banker's, witness lodged it at hie brewer's, Messrs. Reed
and Co., who paid him interest for it, which he handed
over to Burgess.
Mr. Lee, of Charles-street, Camberwell, stock-jobber,
said he knew the three prisoners at the bar, and was in the
habit of meeting them at Stearne's He purchased
five hundred pounds' worth of Turkish Bonds
for Burgess in Jan., 1856. He paid 4071. 103. for them
4051. in notes and 21. 103. in gold—which he obtained from
Mrs. Burgess by Burgess's direction. He paid them over
1 to Mr.
Hutchinson,
abroker.
In answer to questions from the learned counsel,
witness said that he afterwards sold the Turkish Bonds for
Burgess, and realised about 50'. by the transaction.
Mr. Bailey, cashier in the Bank of England, said that
on the 28th of May six 100/. notes were paid out of the
Bank in the name of Edgington for gold. One of the
1011. notes came in on the 11th of Sept., with Tester's name
and address on it. Witness produced other notes, which
it was proved had passed through the prisoner's hands, and
the dates at, which they were paid into the bank.
George Raffle, fruiterer, of Warren-street, Fitzroy-
square, proved that he changed a 100/. for Pierce, through
Mr. Fisher, of Leicester-square. He put his name on it,
and the one produced was the same. He also changed
various notes at the Bank of England for Pierce.
Cross-examined by Mr. Sergeant Ballantine—When he
changed the notes for Pierce ho was in his employ at 30s.
a week wages. He was in his employ about 12 months.
He kept a betting shop, and had considerable betting tran-
sactioes. Witness had never changed other notes for him.
Witness took notes for him in business, and he had seen
considerable sums— more than '?00/.—in his possession at
a time. Pierce used to go the racing circuits. (Laughter.)
Re-examined—Pierce was living in Crown-terrace when
he saw so ranch money in his possession. It was in the
spring time of 1855. He did not tell him how he got the
money. Witness took a pair of boots out of pledge for him
early in the spring of 1855.
By Mr. Sergeant Parry—ln 1855 he was engaged with
Pierce at the Boar's Head in making up a betting book
with him to the extent of about 100/. It was the time
when Saucebox won the St. Leger.
Mr. Smith, cashier to Messrs. Reed and Co., proved re-
ceiving the notes from Mr. 2tetirne. He afterwards paid
them into Messrs. Roberts and Co.'s.
Mr. Young proved purchasing Spanish bonds for Agar
in August, 1854, in the name of Adams.
Mr. Forrester, stockbroker—When clerk to Mr. Shaw,
Tester was introduced to him by his father. In January,
1856, he sold out two bonds by direction of Mr. W. Tester,
the prisoner's father-MI purchased it with the proceeds of
other Spanish bonds which Mr. Tester brought us to sell.
The bond purports to be for 1,1201. Its value at 52
.per
cent. discount would be about 4891. I have had various
dealings with with Mr. Tester, the father, and always
looked upon him as a highly respectable man.
Mr. W. C. Furney, a clerk in the Bank of Eugland,
proved the payment in May last of six 1001. notes, num-
bered 45,420 to 45,425 inclusive. The name given at the
time was Edgington, Duke-street.
Mr. Griffin, also a clerk in the Bank of England, proved
the exchange of the 100/. note, 45,422, endorsed with the
name of Tester, for sovereigns.
Mr. Francis, of the firm of Edgington and Co., Duke-
street, was called to show that no person had been sent by
their firm to exchange geld for notes to the amount of 6001.
during the month of May, 1855.
Mr. Lee, recalled, stated that in March laid he got a
Spanish bond, numbered the same as the one left by Agar
in his trunk when arrested, sold for Pierce.
Mr. Cousins, a stockbroker, who sold the bond, also
gave evidence to the same effect.
r investigation.M trhprosecution,Reea
I went up to K
solicitor to the South-Eastern Railway
Company, examined by Mr. Bodkin—l am the solicitor
fopantry,
of
nYtireyr
leadingneath th6lef'
had been filled up withcciders.p
pantry, and, on searching
in this
a
d had been
from
foe arrest,
found
eta hpnbhfnea
dug,
soot
,nannh::thydenle.
ahl;gaaon:
nvr(ons have conducted
set heoars cfs
(Pierre's
whatgrhresidence)
s garden
odtfheh enesaithrwee d)ph fosfo.r rnlooenmt
utoh.fenA( andglthis
eaaryr.
disturbed and
a hole had been du
the cinders, and the claw of should ,
' only recently been filled up, for the
re
were
the natural
ayt
hclap
1.
th
had
he
deeds, and securities of diff'ereieitamsorts. The green tool-
box l e a rne.st
was in the attic. I also wenetorutlnoutiC°teafm2fr
ilseWsrhi°d'ig"ef-lvelallsae
Shepherd's-bush
IthfeorugesnaidtdeetnihCleo residence,
,h,it (Agar's where
three
re e
fiar
relc e e the
b bre m
goldw h
re
cahs
meltedhad ee
vi'dnaonpwdr-n t)).ehi Ini had thproduced and identified by Agar.
t',T,hce chimney
(ow was very
bore evident marks of having been
The floor between the fireplace and the great heat.
much burnt. I had the boards taken andup,pwinl underneath
were a number of small bits of gold, which had evidently
run through the floor. When I saw the man Agar at
Portland I did not say anything to him about what I had
seeCnroast his house.sexamined by Mr. Giffardz,lt Was about the middle
of October when Agar made the statement.
F. Williamson, a detective officer, examined by Mr. Ser-
geant Sheo—l went with Mr. Rees to Kilburn-villa, and,
besides the property mentioned by him. I found there a
gold watch and chain, which I produce. The watch has a.
representation of Windsor Castle on the dial, and the

initials "E. R. A." on the back. There were also betting-
books and same I 0 ll's taken from Pierce's house.

This concluded the case for the prosecution.

Mr. Sergeant Parry said that, before addressing the jury
for Pierce, he should like to have the opinion of the Court
whether there was evidence on the last count, which in-
dicted Pierce for larceny as servant of the company ; and
also whether he could be properly said to have been a re-
ceiver. The third count charged him with robbery from a
dwelling-house, but he apprehended that a railway carriage
could scarcely be called a dwelling house.
Mr. Baron Martin said Mr. Justice Willes and himself
were both of opinion that it was clearly disproved that
Pierce was a servant of the company at the time of the rob-
bery. On that count of the indictment there was no evi-
dence to g o'.o the jury. His learned brother and himself
were also of opinion that Pierce could not be called a re-
ceiver. As to the third count there could scarcely be any
Dec to trouble the jury on that.
Tin Court then adjourrecl until 10 o'clock to-morrow
(this) morning, the jury being reconducted to the Lon-
' don Coffee-house under the charge of the officers of the
Court
It was arranged that the trial of Redpath should be take's
on Friday morning.

neatly. I did not threaten to leave him on account of die.
honest practices, and I did not know that he had been con-
victed. We went to Cottage-lane about a fortuiLebt before
Christmas. I think it was in March when I saw Saward.
I do not know the day that he called, but it was the mid-

dle of the week, because I was washing. It was my
habit to wash on a Tuesday or Wednesday. He called
once on a Saturday. Atwell and Saward spoke before
me, but in so low a tone that what they said did not reach
me. I recollect Mrs. Ilaydon coming into the room when
the cheques were lying on the table not rolled up, but
doubled in half. I only saw the back of them. Atwell

gave them to me the same day, when I put them on the
mante'piece. I opened them. Atwell took them away.
I believe the name of Smith, Payne, and Smith was on
them. I saw them on Monday last. I knew beforo that that
they were cheques on Messrs. Smith, Payne, and Smith.
Atwell had them back. I saw them before he got into
trouble. I did not read the engraving on the back. I can
only read a little. I did not read it myself. I was told what
it was by the party at whose house they were left, and
from which place I brought them. I have had a communi-
cation with Atwell since he was convicted. The last time
was three or four weeks ago, before he gave evidence here.
I saw Mrs. Haydon on Monday. I did not have any con-
versation with her in particular. I did not say anything
about Cottage-lane. She told me she should know Saward
again, and I her that I should know him. Atwell did
not say anything to me about Saward after his conviction.
I never saw Saward except at Cottage-lane. He wore a
brown coat and a black hat, rather broad in the brim. I
think the coat had a velvet collar. He had no moustache
then. I spoke to him. I have not seen him from that
time till now.
Re-examined by Mr. Mullens—Atwell spoke to me about
Saward before his conviction, but only once. I have seen
Atwell in Newgate each time that I have been permitted
to go there. When Saward came in I was in the room
Further cross-examined by Mr. James—lt is not quite
three months $l.O that I went to Trafalgar-place. It wis
before the trial, and since which I have not been there.
The cheques were put into somebody's care in a brown
paper parcel after Atwell's conviction. I took that parcel
to Newgate, and it was de:ivered to Mr. Mullens in my
presence. The cheques were then taken out of the parcel.
Mr. C. F. Ash—l am an iron merchant, carrying on bu-
siness at No. 20, Upper Thames-street. On the 7th or
Bth of July last my premises were broken into. The nine
cheques produced upon Messrs. Smith, Payne, and Smith,
are my cheques. I missed a number of paid cheques after
the burglary. I also missed two blank cheques from my
cheque hook. At that time I was using the cheque book
No. 15,430. The cheque produced for 911. is taken from
that book. The signature to it is a forgery.
Cross-examined by Mr. James—No one was arrested on
the charge of the burglary.
Mary Anne Fennell—l live with my mother at No. 6,
Oakley-crescent, City-road. In February, 185.1, we had
the drawing-room floor to let. A gentleman, who gave the
name of Hammond, came to hire it. He occupie t the
drawing room for about two hours on two days. The pri-
soner Anderson is something like him. When Hammond
wan at our house the witness James Humphreys called to
see him. The last occasion was on the 19th of February.
I think Mr. Mullens called upon me the same afternoon.
James Humphreys—l am a greengrocer, living at 14,
Chapel-street, Oxford-street. In February last I was out
of employment, and advertised for the purpose of obtaining
a situation. I received a letter in answer, in consequence
of which I went to the house in Oakley-crescent, where
the last witness lives. I there saw a gentleman of the name
of Hammond, who asked me if I had brought the letter,
and I gave it him. The prisoner Anderson is very much
like that person. He engaged sto as a sere, it, and sent
me to the Easton-square station to get his luggage. I re-
turned to the City-road,
pro-
duced for 911. to get cashed. I presented it and was
detained. Ido not k when he gave me the cheque
now the day of the month, but it was
in February.
At this stage of the proceedings Mr. Mullens said he had
no other witness to produce at that moment, and
The Lord Mayer remanded the prisoners for a week.

excite much suipicion, particularly of Cook, the gaoler.
Previous to the examination, and while the prisoner was
seated in the gaoler's room, her husnand made several
efforts to whisper some private communications in her
ear ; and so determined did he appear is his purpose
that the gaoler was compelled to be very peremptory
with him. That officer, who is a kind and humane man,
told him he might be present and say what he liked to
her in hie presence, and that he might hear it, but that
he could net consent to his whispering anything to his
' wife, who was evid, ntly under considerable control or
terror of him. Finding himself foiled, Bacon asked per-
mission to kiss his wife, and this was allowed; but when
about to do so, he was about also to whisper something
in her ear, which, Cook perceiving, at once forbade.
Inspector Young, at a later hour of the evening, in-
formed the magistrate that the fourth note paid into the
bank was not one of those received by Bacon from the
London and Westminster Bank, and that the number of
the missing or alleged stolen note was 28,451.