454. ALFRED COLE BISS and GEORGE DREW , stealing 1 tub, value 1s.; and 2 cwt. of pork, value 5l. 10s.; the goods of George Penson, the master of Biss.
MR. PAYNE conducted the Prosecution.
GEORGE PENSON. I am a wholesale cheesemonger, of Newgate-street, and have a warehouse in Bath-street. Biss was my carman eight or nine months, and was so at the beginning of March - the barrel of pork, of which this (produced) is the head, belongs to me - it is worth about 5l. 12s. - it is marked "F 74" - I had such on my premises in Bath-street - this particular barrel had not been sold - it was Biss's duty to load goods into his cart - he had access to the barrels of pork in Bath-street - those of which No. 74 was one, were safe on my premises on Monday, 3rd March - it was Biss's duty, when he took out goods to a customer, to deliver them, and bring back a receipt - he has brought no receipt for No. 74 - in consequence of what Russell said to me, I spoke to Biss on 7th March - the officer and my manager, Mr. Milne, were present - when I was called in, Mr. Milne told me that Biss had admitted having a barrel of pork - I asked him what the meaning of this was, this robbery which had been going on, and asked him to tell me what he knew about it - I did not say that it would be better for him - he told me about this barrel, without any promise whatever - I said nothing in allusion to this barrel, except that I had been told that there was a barrel of pork - he said that he had taken it in the cart, and delivered it to Drew, in Hatton-garden, put it into his truck - that was not the way that his cart ought to have gone.
Cross-examined by MR. DOYLE Q. Do you, in met, know anything about the receipt of these barrels? A. No - I did not take them in - I saw the bills - I did not compare them with the letter of advice to see if the same numbers were there, but the same number came in that were advised - I swear that I had this barrel of pork.
Cross-examined by MR. CHARLES SMITH. Q. Were these barrels full of pork? A. Yes-there has been a Scotch mark on this head, but it has been rubbed over with lime or chalk, to disguise it - that appears quite recent - I also know the pork by the cut of it - I have had it from the same man for many years - there is a peculiarity in the cut - I have heard that the prisoners have been seen at a public house together - Biss did not say that he had given it to Drew - he said that he only helped to steal one barrel, that was another barrel, three months ago - he never said that he gave anything else to Drew.
MR. PAYNE. Q. Is the barrel you speak of, the one which the officer produced? A. Yes; and he said that he had stolen it, and given it to Drew.
EDWARD SHEWLAND . I work for Mr. King, of Hosier-lane, Smithfield. On, I believe, Tuesday, 6th March, Drew came there about 8 o'clock, and brought a barrel in a truck - he put it up our yard, and said that my master was going to have a look at it next morning; he left it there and took away the truck - Russell afterwards came and took away the barrel.
Cross-examined by MR. C. SMITH. Q. Are you certain that that was the same barrel? A. I did not notice any mark on it, but there was no other there - I told Mr. King of it - I have known Drew long, but never heard any dishonesty of him.
JOHN KING . I am a meat salesman, in Newgate-market, and have a slaughterhouse in Hosier-lane. On the morning of 5th March, between 9 and 10 o'clock, I saw Drew at Newgate-market - he told me that he had left a barrel of pork at my yard, and asked if I would buy it - I asked him where he got it; he said that he should not tell me, and I said that I should not buy it, as I should suspect it was stolen - he made no answer to that, and I told Russell the officer - on that evening I saw a barrel of pork on my premises, and Russell took it away - I never dealt in potatoes, I have bought potatoes of him for feeding pigs, he served the different yards round Smithfield, and never dealt in anything else.
Cross-examined by MR. O. SMITH. Q. What character has Drew borne? A. I always thought him a respectable and honest man.
GEORGE RUSSELL, (City policeman, 34). I execute my vocation in plain clothes - on the morning of 7th March, in consequence of information, I went to Mr. King's slaughterhouse, saw Drew, and asked him how he became possessed of the barrel of pork which he had offered Mr. King for sale - he said, "What barrel of pork?" - I said, "I will soon show you," and took him into the yard where it stood, and said, "That is the barrel of pork I mean" (I had an officer in uniform with me) - he gave me no answer - I called the constable's attention to that, and then he said, "Why should I give you any answer, I do not know who you are?" - I said, "I am a policeman," but he still refused to give any account - I took him to the station, and found on him 3d. and a knife - I took the barrel of pork away, this is the head of it.
MR. DOYLE called
JOHN MILNE . I am manager of the Scotch goods department of Mr. Penson's business. I hire and discharge the workmen and carters in that department - Biss was under my orders - on 4th March, I heard from the policeman about the barrel of pork, about 6 o'clock in the evening, and about twelve or fifteen minutes before I had the conversation with Mr. Penson, I had a conversation with Biss - I said, "Do you know a man named Drew?" he said, "No" - I said, "Will you tell me that you do not know a man of that name, that you are in the habit of meeting at your brother or cousin's house in Farringdon-street?" - he held down his head, and said, "Yes" - I said, "Alfred, I did not think you were one of the thieves," and I think I immediately afterwards said, "When did you take the barrel of pork, which has now turned up, from our place?" - he said, "On Tuesday morning" - I had not at that time said, that if he told the truth he should not be sent to prison - I ought to say, that immediately on confessing his fault, he said that he was ruined by a man named Grant - I do not think I used the word prison, but I advised him to take the course to be made evidence against him - I advised him to tell all he knew about it, and I expect I said, that it would be better for him - I cannot charge my memory, but my impression is, that I did not say anything about being sent to prison only for a short time - when he said that he took it on Tuesday morning, I said, "Where did you take it?"-he said, "To Hatton-garden," and while there, Drew took it out of the cart - before he went in to Mr. Penson, I said that I hoped he might live to be a good boy, and I would not turn my back upon him; I forget the precise words, but I meant that he should go out of the country.
(MR. DOYLE inquired of the COURT, whether, after this evidence, the evidence of Mr. Penson was admissible. The COURT considered that it was.)
MR. C. SMITH called
WILLIAM HILBECK . I am a fireman. On 8th March, I was at the fire at Covent-garden, from 5 in the morning till 6 o'clock at night I saw Drew there from a quarter past 5 o'clock, till between half past 10 and 11 o'clock.
(Biss received a good character.)
BISS - GUILTY. Aged 20. - Recommended to mercy by the Jury and prosecutor. - Confined Two Months.
DREW - GUILTY of receiving. Aged 35. - Confined Eighteen Months.
Source: The Proceedings of the Old Bailey - oldbaileyonline.org