<!-- © 2003-2008 Old Bailey Proceedings Online -->
<TEI.2>
<text>
<body>
<div0 type="sessionsPaper" id="t18811212">
<interp inst="t18811212" type="uri" value="sessionsPapers/18811212"/>
<interp inst="t18811212" type="date" value="18811212"/>
<xptr type="pageFacsimile" doc="188112120001"/>
<xptr type="transcription" doc="18811212"/>
<div1 type="frontMatter" id="f18811212">
<interp inst="f18811212" type="uri" value="sessionsPapers/18811212"/>
<interp inst="f18811212" type="date" value="18811212"/>
<p>CENTRAL CRIMINAL COURT</p>
<p>Sessions Paper.</p>
<p>ELLIS, MAYOR.</p>
<p>SECOND SESSION, HELD DECEMBER 12TH, 1881.</p>
<p>MINUTES OF EVIDENCE.</p>
<p>TAKEN IN SHORT-HAND, BY</p>
<p>JAMES DROVER BARNETT</p>
<p>AND</p>
<p>
<persName id="t18811212-name-1">
<interp inst="t18811212-name-1" type="gender" value="male"/>
<interp inst="t18811212-name-1" type="surname" value="BUCKLER"/>
<interp inst="t18811212-name-1" type="given" value="ALEXANDER"/>ALEXANDER BUCKLER</persName>,</p>
<p>Short-hand Writers to the Court,</p>
<p>ROLLS CHAMBERS, No. 89, CHANCERY LANE.</p>
<p>THE POINTS OF LAW AND PRACTICE</p>
<p>REVISED AND EDITED BY</p>
<p>EDWARD T. E. BESLEY, ESQ.,</p>
<p>OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.</p>
<p>LONDON:</p>
<p>STEVENS AND SONS, 119, CHANCERY LANE,</p>
<p>Law Booksellers and Publishers.</p>
<xptr type="pageFacsimile" doc="188112120002"/>
<p>THE</p>
<p>WHOLE PROCEEDINGS</p>
<p>On the Queen's Commission of</p>
<p>OYER AND TERMINER AND GAOL DELIVERY</p>
<p>FOR</p>
<p>The City of London,</p>
<p>AND GAOL DELIVERY FOR THE</p>
<p>COUNTY OF MIDDLESEX, AND PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION</p>
<p>OF THE</p>
<p>CENTRAL CRIMINAL COURT,</p>
<p>Held on Monday, December 12th, 1881, and following days,</p>
<p>
<hi rend="smallCaps">BEFORE THE RIGHT HON</hi>.
<hi rend="largeCaps">JOHN WHITTAKER ELLIS, LORD MAYOR</hi> of the City of London; The Hon. Sir
<hi rend="smallCaps">
<persName id="t18811212-name-2" type="judiciaryName">
<interp inst="t18811212-name-2" type="gender" value="male"/>
<interp inst="t18811212-name-2" type="surname" value="MATHEW"/>
<interp inst="t18811212-name-2" type="given" value="JAMES CHARLES"/>JAMES CHARLES MATHEW</persName> </hi>, Knt., one of the Justices of the High Court of Justice; Sir
<hi rend="smallCaps">
<persName id="t18811212-name-3" type="judiciaryName">
<interp inst="t18811212-name-3" type="gender" value="male"/>
<interp inst="t18811212-name-3" type="surname" value="CARDEN"/>
<interp inst="t18811212-name-3" type="given" value="ROBERT WALTER"/>ROBERT WALTER CARDEN</persName> </hi>, Knt., M.P., Sir
<hi rend="smallCaps">
<persName id="t18811212-name-4" type="judiciaryName">
<interp inst="t18811212-name-4" type="gender" value="male"/>
<interp inst="t18811212-name-4" type="surname" value="DAKIN"/>
<interp inst="t18811212-name-4" type="given" value="THOMAS"/>THOMAS DAKIN</persName> </hi>, Knt., Sir
<hi rend="smallCaps">
<persName id="t18811212-name-5" type="judiciaryName">
<interp inst="t18811212-name-5" type="gender" value="male"/>
<interp inst="t18811212-name-5" type="surname" value="LUSK"/>
<interp inst="t18811212-name-5" type="given" value="ANDREW"/>ANDREW LUSK</persName> </hi>, Bart., M.P., Sir
<hi rend="smallCaps">THOMAS SCAMBLER OWDEN</hi>, Knt., and Sir
<hi rend="smallCaps">CHARLES WHETHAM</hi>, Knt., Aldermen of the said City; Sir
<hi rend="smallCaps">
<persName id="t18811212-name-6" type="judiciaryName">
<interp inst="t18811212-name-6" type="gender" value="male"/>
<interp inst="t18811212-name-6" type="surname" value="CHAMBERS"/>
<interp inst="t18811212-name-6" type="given" value="THOMAS"/>THOMAS CHAMBERS</persName> </hi>, Knt., Q.C., M.P., Recorder of the said City;
<hi rend="smallCaps">
<persName id="t18811212-name-7" type="judiciaryName">
<interp inst="t18811212-name-7" type="gender" value="male"/>
<interp inst="t18811212-name-7" type="surname" value="FIGGINS"/>
<interp inst="t18811212-name-7" type="given" value="JAMES"/>JAMES FIGGINS</persName> </hi>, Esq., and
<hi rend="smallCaps">
<persName id="t18811212-name-8" type="judiciaryName">
<interp inst="t18811212-name-8" type="gender" value="male"/>
<interp inst="t18811212-name-8" type="surname" value="STAPLES"/>
<interp inst="t18811212-name-8" type="given" value="JOHN"/>JOHN STAPLES</persName> </hi>, Esq., other of the Aldermen of the said City; Sir
<hi rend="smallCaps">
<persName id="t18811212-name-9" type="judiciaryName">
<interp inst="t18811212-name-9" type="gender" value="male"/>
<interp inst="t18811212-name-9" type="surname" value="CHARLEY"/>
<interp inst="t18811212-name-9" type="given" value="WILLIAM THOMAS"/>WILLIAM THOMAS CHARLEY</persName> </hi>, Knt., Q.C., D.C.L., Common Serjeant of the said City; and
<hi rend="smallCaps">
<persName id="t18811212-name-10" type="judiciaryName">
<interp inst="t18811212-name-10" type="gender" value="male"/>
<interp inst="t18811212-name-10" type="surname" value="KERR"/>
<interp inst="t18811212-name-10" type="given" value="ROBERT MALCOLM"/>ROBERT MALCOLM KERR</persName> </hi>, Esq., LL.D., Judge of the Sheriffs' Court: Her Majesty's Justices of Oyer and Terminer, and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-11" type="judiciaryName">
<interp inst="t18811212-name-11" type="gender" value="male"/>
<interp inst="t18811212-name-11" type="surname" value="HANSON"/>
<interp inst="t18811212-name-11" type="given" value="REGINALD"/>REGINALD HANSON</persName> </hi>, Esq., Alderman,</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-12" type="judiciaryName">
<interp inst="t18811212-name-12" type="gender" value="male"/>
<interp inst="t18811212-name-12" type="surname" value="OGG"/>
<interp inst="t18811212-name-12" type="given" value="WILLIAM ANDERSON"/>WILLIAM ANDERSON OGG</persName> </hi>, Esq.,</p>
<p>
<hi rend="italic">Sheriffs.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-13" type="judiciaryName">
<interp inst="t18811212-name-13" type="gender" value="male"/>
<interp inst="t18811212-name-13" type="surname" value="BAYLIS"/>
<interp inst="t18811212-name-13" type="given" value="EDGAR ALEX"/>EDGAR ALEX. BAYLIS</persName> </hi>, Esq.,</p>
<p>
<hi rend="smallCaps">JABEZ MCDIARMID</hi>, Esq.,</p>
<p>
<hi rend="italic">Under-Sheriffs.</hi> </p>
<xptr type="pageFacsimile" doc="188112120003"/>
<p>
<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi>.</p>
<p>
<hi rend="largeCaps">ELLIS, MAYOR. SECOND SESSION</hi>.</p>
<p>
<hi rend="italic">A star</hi> (*)
<hi rend="italic">denotes that prisoners have been previously in custody</hi>
<hi rend="italic">two start</hi> (**)
<hi rend="italic">that they have been more than once in custody—a dagger</hi> (†)
<hi rend="italic">that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.</hi> </p>
<p>
<hi rend="largeCaps">LONDON AND MIDDLESEX CASES</hi>.</p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Monday, December</hi> 12
<hi rend="italic">th,</hi> 1881.</p>
<p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t18811212-86">
<interp inst="t18811212-86" type="uri" value="sessionsPapers/18811212"/>
<interp inst="t18811212-86" type="date" value="18811212"/>
<join result="criminalCharge" id="t18811212-86-charge-1" targOrder="Y" targets="def1-86-18811212 t18811212-86-offence-1 t18811212-86-verdict-1"/>
<p>86.
<persName id="def1-86-18811212" type="defendantName">
<interp inst="def1-86-18811212" type="gender" value="male"/>
<interp inst="def1-86-18811212" type="age" value="43"/>
<interp inst="def1-86-18811212" type="surname" value="FORD"/>
<interp inst="def1-86-18811212" type="given" value="RICHARD"/>
<hi rend="largeCaps">RICHARD FORD</hi> (43)</persName> was indicted
<rs id="t18811212-86-offence-1" type="offenceDescription">
<interp inst="t18811212-86-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18811212-86-offence-1" type="offenceSubcategory" value="simpleLarceny"/>for stealing two bottles of perfume of
<persName id="t18811212-name-15" type="victimName">
<interp inst="t18811212-name-15" type="gender" value="male"/>
<interp inst="t18811212-name-15" type="surname" value="THOMPSON"/>
<interp inst="t18811212-name-15" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18811212-86-offence-1 t18811212-name-15"/>William Thompson</persName>.</rs> </p>
<p>
<hi rend="smallCaps">MR. J. P. GRAIN</hi>,
<hi rend="italic">For the Prosecution, offered no evidence.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18811212-86-verdict-1" type="verdictDescription">
<interp inst="t18811212-86-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18811212-86-verdict-1" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18811212-87">
<interp inst="t18811212-87" type="uri" value="sessionsPapers/18811212"/>
<interp inst="t18811212-87" type="date" value="18811212"/>
<join result="criminalCharge" id="t18811212-87-charge-1" targOrder="Y" targets="def1-87-18811212 t18811212-87-offence-1 t18811212-87-verdict-1"/>
<join result="criminalCharge" id="t18811212-87-charge-2" targOrder="Y" targets="def1-87-18811212 t18811212-87-offence-2 t18811212-87-verdict-2"/>
<p>87.
<persName id="def1-87-18811212" type="defendantName">
<interp inst="def1-87-18811212" type="gender" value="male"/>
<interp inst="def1-87-18811212" type="age" value="42"/>
<interp inst="def1-87-18811212" type="surname" value="LONGMAN"/>
<interp inst="def1-87-18811212" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES LONGMAN</hi> (42)</persName>
<rs id="t18811212-87-offence-1" type="offenceDescription">
<interp inst="t18811212-87-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18811212-87-offence-1" type="offenceSubcategory" value="embezzlement"/>, Embezzling the sum of 1
<hi rend="italic">l</hi>. 1
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>., and 5
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., received on account of
<persName id="t18811212-name-17" type="victimName">
<interp inst="t18811212-name-17" type="gender" value="male"/>
<interp inst="t18811212-name-17" type="surname" value="SMITH"/>
<interp inst="t18811212-name-17" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18811212-87-offence-1 t18811212-name-17"/>William Smith</persName> and another, his masters.</rs> </p>
<p>
<hi rend="smallCaps">MR. BURNIE</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-18" type="witnessName">
<interp inst="t18811212-name-18" type="gender" value="male"/>
<interp inst="t18811212-name-18" type="surname" value="STONE"/>
<interp inst="t18811212-name-18" type="given" value="JOHN WALTER CLEMENT"/>JOHN WALTER CLEMENT STONE</persName> </hi>. I live with my mother, Harriet Stone, a fruiterer, of 29, Princes Terrace, Regent's Park—on 23rd June the prisoner came and said that he called from Messrs. Oliver and Smith for their account, and 1
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>. was paid to him in my presence by my sister, and he gave a receipt.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-19" type="witnessName">
<interp inst="t18811212-name-19" type="gender" value="female"/>
<interp inst="t18811212-name-19" type="surname" value="WYATT"/>
<interp inst="t18811212-name-19" type="given" value="SARAH JANE"/>SARAH JANE WYATT</persName> </hi>. I live at St. Pancras Almshouses—in June last I saw the prisoner about a headstone to be placed over my late husband's grave—he said if I would give him a little in advance he would do it for 3
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.—he said he was a partner in the firm of Oliver and Smith—I paid him at first 10
<hi rend="italic">s</hi>. on account and 1
<hi rend="italic">l</hi>. the week after, for which he gave me receipts.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-20" type="witnessName">
<interp inst="t18811212-name-20" type="gender" value="female"/>
<interp inst="t18811212-name-20" type="surname" value="BAKER"/>
<interp inst="t18811212-name-20" type="given" value="MARTHA"/>MARTHA BAKER</persName> </hi>. I am a widow—I keep the City of London Tavern, in York Road, King's Cross—the prisoner came to me several times about a monument to be erected to my husband—he did not say on whose behalf he came—he said it would come to about 15
<hi rend="italic">l</hi>., but it came to 17
<hi rend="italic">l</hi>.—I gave him a deposit of 2
<hi rend="italic">l</hi>., and he gave me a receiptr—I after
<lb/>wards gave him 10
<hi rend="italic">l</hi>. the day the stone was finished—he then gave me a receipt for 12
<hi rend="italic">l</hi>., and tore up the other receipt.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-21" type="witnessName">
<interp inst="t18811212-name-21" type="gender" value="male"/>
<interp inst="t18811212-name-21" type="surname" value="SMITH"/>
<interp inst="t18811212-name-21" type="given" value="WILLIAM"/>WILLIAM SMITH</persName> </hi>. I am a member of the firm of Oliver and Smith, monumental sculptors, of Swaine's Lane, Highgate Road—the prisoner came into our service about 28th May last as a traveller on a commission of 10 per cent, on all orders not recommended—he also had a salary of</p>
<xptr type="pageFacsimile" doc="188112120004"/>
<p>10
<hi rend="italic">s</hi>. a week—it was his duty to attend at the office every morning, and to account for all moneys he received as soon as he came home at night or in the morning—I have never received the 1
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>. from Mrs. Stone or the 30
<hi rend="italic">s</hi>. from Mrs. Wyatt or anything from Mrs. Baker—in conse
<lb/>quence of something that occurred Mr. Oliver spoke to the prisoner.</p>
<p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> I have been in partnership with Mr. Oliver since March last—I never asked you to recommend me to a loan of 10
<hi rend="italic">l</hi>. from Mr. Gilbert, of Great Portland Street—you told me that I could get a loan from him, as you had had one—you were not in our service then—I have not employed you since you left—I went to your house when I found this out, out I did not charge you then, because you said "Don't make a noise, my wife is ill; it will be all right in the morning"—you did not write out an I O U for 20
<hi rend="italic">l</hi>.; I never saw one—you did not pay me 5
<hi rend="italic">l</hi>.—I saw you with 10
<hi rend="italic">l</hi>. or 15
<hi rend="italic">l</hi>. in your possession, and you said you should go to the races and make more of it, and next day you came back penniless—I have been to your house perhaps half a dozen times since this embezzlement; I don't know exactly on what business—your wife asked me to give you employment.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-22" type="witnessName">
<interp inst="t18811212-name-22" type="gender" value="male"/>
<interp inst="t18811212-name-22" type="surname" value="OLIVER"/>
<interp inst="t18811212-name-22" type="given" value="WILLIAM"/>WILLIAM OLIVER</persName> </hi>. I am the senior partner in the firm—the prisoner was in our employ from about the 28th May till about the end of June, when we discharged him on finding out the embezzlement—I went with my partner to his house, and said I had come for an explanation about Mrs. Baker's account—he said "Don't make a noise, my wife is very ill; I will call and see you in the morning"—he called in the morning, and he said he had been horseracing, and had lost the money on Peter, but his wife had some money coming in the next day, and he would pay us directly—I told him I should lock him up—I did not, because I found the expense was too great—he did not call and settle next day—I met him once afterwards in Camden Town, and said I should lock him up, and I gave him a pint of beer to start with, because he said he was hard up and hungry and dry—he said "Don't lock me up; I can't help it; I am going to get employment at Messrs. Gilby's if I can"—I gave him into custody on 29th October.</p>
<p>
<hi rend="smallCaps">
<rs id="t18811212-87-verdict-1" type="verdictDescription">
<interp inst="t18811212-87-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18811212-87-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p>
<p>
<hi rend="italic">There was another indictment against the prisoner </hi>
<rs id="t18811212-87-offence-2" type="offenceDescription">
<interp inst="t18811212-87-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t18811212-87-offence-2" type="offenceSubcategory" value="forgery"/>
<hi rend="italic">for forging the receipt for</hi> 12
<hi rend="italic">l</hi>.,</rs>
<hi rend="italic">upon which no evidence was offered.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18811212-87-verdict-2" type="verdictDescription">
<interp inst="t18811212-87-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18811212-87-verdict-2" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18811212-88">
<interp inst="t18811212-88" type="uri" value="sessionsPapers/18811212"/>
<interp inst="t18811212-88" type="date" value="18811212"/>
<join result="criminalCharge" id="t18811212-88-charge-1" targOrder="Y" targets="def1-88-18811212 t18811212-88-offence-1 t18811212-88-verdict-1"/>
<p>88.
<persName id="def1-88-18811212" type="defendantName">
<interp inst="def1-88-18811212" type="gender" value="male"/>
<interp inst="def1-88-18811212" type="age" value="59"/>
<interp inst="def1-88-18811212" type="surname" value="WEST"/>
<interp inst="def1-88-18811212" type="given" value="ROBERT"/>
<hi rend="largeCaps">ROBERT WEST</hi> (59)</persName>
<rs id="t18811212-88-offence-1" type="offenceDescription">
<interp inst="t18811212-88-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18811212-88-offence-1" type="offenceSubcategory" value="libel"/>, Unlawfully publishing a defamatory libel of and concerning
<persName id="t18811212-name-24" type="victimName">
<interp inst="t18811212-name-24" type="gender" value="male"/>
<interp inst="t18811212-name-24" type="surname" value="WARD"/>
<interp inst="t18811212-name-24" type="given" value="HENRY"/>
<join result="offenceVictim" targOrder="Y" targets="t18811212-88-offence-1 t18811212-name-24"/>Henry Ward</persName>.</rs> </p>
<p>
<hi rend="smallCaps">MR. J. P. GRAIN</hi>
<hi rend="italic">Prosecuted</hi>;
<hi rend="smallCaps">MR. BESLEY</hi>
<hi rend="italic">Defended.</hi> </p>
<p>
<hi rend="italic">The libel in this ease was on a post-card, the handwriting upon which the Jury were of opinion was too doubtful to be traced to the prisoner. He was therefore found.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18811212-88-verdict-1" type="verdictDescription">
<interp inst="t18811212-88-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18811212-88-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18811212-89">
<interp inst="t18811212-89" type="uri" value="sessionsPapers/18811212"/>
<interp inst="t18811212-89" type="date" value="18811212"/>
<join result="criminalCharge" id="t18811212-89-charge-1" targOrder="Y" targets="def1-89-18811212 t18811212-89-offence-1 t18811212-89-verdict-1"/>
<join result="criminalCharge" id="t18811212-89-charge-2" targOrder="Y" targets="def1-89-18811212 t18811212-89-offence-2 t18811212-89-verdict-1"/>
<p>89.
<persName id="def1-89-18811212" type="defendantName">
<interp inst="def1-89-18811212" type="gender" value="male"/>
<interp inst="def1-89-18811212" type="age" value="31"/>
<interp inst="def1-89-18811212" type="surname" value="ALDOUS"/>
<interp inst="def1-89-18811212" type="given" value="ALFRED GRAY"/>
<hi rend="largeCaps">ALFRED GRAY ALDOUS</hi> (31)</persName>
<rs id="t18811212-89-offence-1" type="offenceDescription">
<interp inst="t18811212-89-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18811212-89-offence-1" type="offenceSubcategory" value="forgery"/>
<hi rend="smallCaps">
<rs id="t18811212-89-verdict-1" type="verdictDescription">
<interp inst="t18811212-89-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18811212-89-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to four indict
<lb/>ments for forging and uttering Post-office orders,</rs>
<rs id="t18811212-89-offence-2" type="offenceDescription">
<interp inst="t18811212-89-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t18811212-89-offence-2" type="offenceSubcategory" value="forgery"/>
<hi rend="italic">also</hi> to feloniously issuing 36 money-orders with intent to defraud. </rs>
<hi rend="italic">
<rs id="t18811212-89-punishment-1" type="punishmentDescription">
<interp inst="t18811212-89-punishment-1" type="punishmentCategory" value="imprison"/>
<interp inst="t18811212-89-punishment-1" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-89-18811212 t18811212-89-punishment-1"/>He received a good character.—Five Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18811212-90">
<interp inst="t18811212-90" type="uri" value="sessionsPapers/18811212"/>
<interp inst="t18811212-90" type="date" value="18811212"/>
<join result="criminalCharge" id="t18811212-90-charge-1" targOrder="Y" targets="def1-90-18811212 t18811212-90-offence-1 t18811212-90-verdict-1"/>
<join result="criminalCharge" id="t18811212-90-charge-2" targOrder="Y" targets="def1-90-18811212 t18811212-90-offence-2 t18811212-90-verdict-1"/>
<p>90.
<persName id="def1-90-18811212" type="defendantName">
<interp inst="def1-90-18811212" type="gender" value="male"/>
<interp inst="def1-90-18811212" type="age" value="31"/>
<interp inst="def1-90-18811212" type="surname" value="BAYLIS"/>
<interp inst="def1-90-18811212" type="given" value="THOMAS GEORGE"/>
<hi rend="largeCaps">THOMAS GEORGE BAYLIS</hi> (31)</persName>
<rs id="t18811212-90-offence-1" type="offenceDescription">
<interp inst="t18811212-90-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18811212-90-offence-1" type="offenceSubcategory" value="mail"/> to stealing whilst employed in the Post-office 27
<hi rend="italic">l</hi>.,</rs>
<rs id="t18811212-90-offence-2" type="offenceDescription">
<interp inst="t18811212-90-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t18811212-90-offence-2" type="offenceSubcategory" value="fraud"/>
<hi rend="italic">also</hi> to unlawfully imitating an entry in a savings-bank book.</rs>
<hi rend="italic">
<rs id="t18811212-90-punishment-2" type="punishmentDescription">
<interp inst="t18811212-90-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t18811212-90-punishment-2" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-90-18811212 t18811212-90-punishment-2"/>Eighteen Months' Hard Labour.</rs> </hi>
<rs id="t18811212-90-verdict-1" type="verdictDescription">
<interp inst="t18811212-90-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18811212-90-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18811212-91">
<interp inst="t18811212-91" type="uri" value="sessionsPapers/18811212"/>
<interp inst="t18811212-91" type="date" value="18811212"/>
<join result="criminalCharge" id="t18811212-91-charge-1" targOrder="Y" targets="def1-91-18811212 t18811212-91-offence-1 t18811212-91-verdict-1"/>
<join result="criminalCharge" id="t18811212-91-charge-2" targOrder="Y" targets="def2-91-18811212 t18811212-91-offence-2 t18811212-91-verdict-1"/>
<p>91.
<persName id="def1-91-18811212" type="defendantName">
<interp inst="def1-91-18811212" type="gender" value="male"/>
<interp inst="def1-91-18811212" type="age" value="40"/>
<interp inst="def1-91-18811212" type="surname" value="SHAW"/>
<interp inst="def1-91-18811212" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN SHAW</hi> (40)</persName>
<rs id="t18811212-91-offence-1" type="offenceDescription">
<interp inst="t18811212-91-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18811212-91-offence-1" type="offenceSubcategory" value="burglary"/>to burglary in the dwelling-house of
<persName id="t18811212-name-28" type="victimName">
<interp inst="t18811212-name-28" type="gender" value="female"/>
<interp inst="t18811212-name-28" type="surname" value="EWART"/>
<interp inst="t18811212-name-28" type="given" value="MARGARET"/>
<join result="offenceVictim" targOrder="Y" targets="t18811212-91-offence-1 t18811212-name-28"/>Margaret Ewart</persName>, having been before convicted.</rs>
<hi rend="italic">
<rs id="t18811212-91-punishment-3" type="punishmentDescription">
<interp inst="t18811212-91-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t18811212-91-punishment-3" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-91-18811212 t18811212-91-punishment-3"/>Ten Years' Penal Ser
<lb/>vitude,</rs> </hi> and
<persName id="def2-91-18811212" type="defendantName">
<interp inst="def2-91-18811212" type="gender" value="male"/>
<interp inst="def2-91-18811212" type="age" value="30"/>
<interp inst="def2-91-18811212" type="surname" value="JENKINS"/>
<interp inst="def2-91-18811212" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN JENKINS</hi> (30)</persName>
<rs id="t18811212-91-offence-2" type="offenceDescription">
<interp inst="t18811212-91-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18811212-91-offence-2" type="offenceSubcategory" value="receiving"/>to feloniously receiving the said property.</rs>
<hi rend="italic">
<rs id="t18811212-91-punishment-4" type="punishmentDescription">
<interp inst="t18811212-91-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t18811212-91-punishment-4" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-91-18811212 t18811212-91-punishment-4"/>Twelve Months' Hard Labour.</rs> </hi> And.
<rs id="t18811212-91-verdict-1" type="verdictDescription">
<interp inst="t18811212-91-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18811212-91-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18811212-92">
<interp inst="t18811212-92" type="uri" value="sessionsPapers/18811212"/>
<interp inst="t18811212-92" type="date" value="18811212"/>
<join result="criminalCharge" id="t18811212-92-charge-1" targOrder="Y" targets="def1-92-18811212 t18811212-92-offence-1 t18811212-92-verdict-1"/>
<xptr type="pageFacsimile" doc="188112120005"/>
<p>92.
<persName id="def1-92-18811212" type="defendantName">
<interp inst="def1-92-18811212" type="gender" value="male"/>
<interp inst="def1-92-18811212" type="age" value="24"/>
<interp inst="def1-92-18811212" type="surname" value="JONES"/>
<interp inst="def1-92-18811212" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS JONES</hi> (24)</persName>
<rs id="t18811212-92-offence-1" type="offenceDescription">
<interp inst="t18811212-92-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18811212-92-offence-1" type="offenceSubcategory" value="pocketpicking"/> to stealing a watch of
<persName id="t18811212-name-31" type="victimName">
<interp inst="t18811212-name-31" type="gender" value="male"/>
<interp inst="t18811212-name-31" type="surname" value="HAWKINS"/>
<interp inst="t18811212-name-31" type="given" value="JOHN GILBERT"/>
<join result="offenceVictim" targOrder="Y" targets="t18811212-92-offence-1 t18811212-name-31"/>John Gilbert Hawkins</persName> from his person, having been before convicted.—</rs>
<hi rend="italic">
<rs id="t18811212-92-punishment-5" type="punishmentDescription">
<interp inst="t18811212-92-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t18811212-92-punishment-5" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-92-18811212 t18811212-92-punishment-5"/>Fifteen Months' Hard Labour.</rs> </hi>
<rs id="t18811212-92-verdict-1" type="verdictDescription">
<interp inst="t18811212-92-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18811212-92-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Monday, December</hi> 12
<hi rend="italic">th,</hi> 1881.</p>
<p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18811212-93">
<interp inst="t18811212-93" type="uri" value="sessionsPapers/18811212"/>
<interp inst="t18811212-93" type="date" value="18811212"/>
<join result="criminalCharge" id="t18811212-93-charge-1" targOrder="Y" targets="def1-93-18811212 t18811212-93-offence-1 t18811212-93-verdict-1"/>
<p>93.
<persName id="def1-93-18811212" type="defendantName">
<interp inst="def1-93-18811212" type="gender" value="female"/>
<interp inst="def1-93-18811212" type="age" value="19"/>
<interp inst="def1-93-18811212" type="surname" value="TOWNSEND"/>
<interp inst="def1-93-18811212" type="given" value="MARY"/>
<hi rend="largeCaps">MARY TOWNSEND</hi> (19)</persName>
<rs id="t18811212-93-offence-1" type="offenceDescription">
<interp inst="t18811212-93-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18811212-93-offence-1" type="offenceSubcategory" value="coiningOffences"/>
<hi rend="smallCaps">
<rs id="t18811212-93-verdict-1" type="verdictDescription">
<interp inst="t18811212-93-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18811212-93-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>, to feloniously uttering counterfeit coin.—</rs> </p> </div1>
<div1 type="trialAccount" id="t18811212-94">
<interp inst="t18811212-94" type="uri" value="sessionsPapers/18811212"/>
<interp inst="t18811212-94" type="date" value="18811212"/>
<join result="criminalCharge" id="t18811212-94-charge-1" targOrder="Y" targets="def1-94-18811212 t18811212-94-offence-1 t18811212-94-verdict-1"/>
<join result="criminalCharge" id="t18811212-94-charge-2" targOrder="Y" targets="def2-94-18811212 t18811212-94-offence-1 t18811212-94-verdict-2"/>
<p>94.
<persName id="def1-94-18811212" type="defendantName">
<interp inst="def1-94-18811212" type="gender" value="female"/>
<interp inst="def1-94-18811212" type="age" value="19"/>
<interp inst="def1-94-18811212" type="surname" value="TOWNSEND"/>
<interp inst="def1-94-18811212" type="given" value="MARY"/>
<hi rend="largeCaps">MARY TOWNSEND</hi> (19)</persName> was
<hi rend="italic">again</hi> indicted with
<persName id="def2-94-18811212" type="defendantName">
<interp inst="def2-94-18811212" type="gender" value="female"/>
<interp inst="def2-94-18811212" type="age" value="28"/>
<interp inst="def2-94-18811212" type="surname" value="BROWN"/>
<interp inst="def2-94-18811212" type="given" value="EMILY"/>
<hi rend="largeCaps">EMILY BROWN</hi> (28)</persName>
<rs id="t18811212-94-offence-1" type="offenceDescription">
<interp inst="t18811212-94-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18811212-94-offence-1" type="offenceSubcategory" value="coiningOffences"/>for unlawfully uttering counterfeit coin, to which </rs>
<hi rend="largeCaps">TOWN
<lb/>SEND</hi>
<hi rend="smallCaps">
<rs id="t18811212-94-verdict-1" type="verdictDescription">
<interp inst="t18811212-94-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18811212-94-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>**—
<hi rend="italic">
<rs id="t18811212-94-punishment-6" type="punishmentDescription">
<interp inst="t18811212-94-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t18811212-94-punishment-6" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-94-18811212 t18811212-94-punishment-6"/>Fifteen Months' Hard Labour,</rs> and</hi>
<hi rend="smallCaps">MR. LLOYD</hi>
<hi rend="italic">offered no evidence against</hi>
<hi rend="largeCaps">BROWN</hi>.</p>
<p>
<hi rend="smallCaps">
<rs id="t18811212-94-verdict-2" type="verdictDescription">
<interp inst="t18811212-94-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18811212-94-verdict-2" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18811212-95">
<interp inst="t18811212-95" type="uri" value="sessionsPapers/18811212"/>
<interp inst="t18811212-95" type="date" value="18811212"/>
<join result="criminalCharge" id="t18811212-95-charge-1" targOrder="Y" targets="def1-95-18811212 t18811212-95-offence-1 t18811212-95-verdict-1"/>
<p>95.
<persName id="def1-95-18811212" type="defendantName">
<interp inst="def1-95-18811212" type="gender" value="male"/>
<interp inst="def1-95-18811212" type="age" value="35"/>
<interp inst="def1-95-18811212" type="surname" value="STANLEY"/>
<interp inst="def1-95-18811212" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN STANLEY</hi> (35)</persName>
<rs id="t18811212-95-offence-1" type="offenceDescription">
<interp inst="t18811212-95-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18811212-95-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. LLOYD</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">COOKS</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-36" type="witnessName">
<interp inst="t18811212-name-36" type="gender" value="female"/>
<interp inst="t18811212-name-36" type="surname" value="SHARPE"/>
<interp inst="t18811212-name-36" type="given" value="EMILY"/>EMILY SHARPE</persName> </hi>. I keep the King's Head, Broad Street, Bloomsbury—on 30th November, about 8.30 p.m., I served the prisoner with some lemonade, which came to 2
<hi rend="italic">d</hi>.; he put down a florin, I bent it in the tester, and told him it was bad—he said nothing, but put it in his pocket and gave me a bad half-crown—I told him it was bad—he said "That is not the one I gave you; you have got my good one"—I said "It is"—I noticed that it had a Queen's head on it—he went out with both the coins, and was brought back by a constable—this half-crown (
<hi rend="italic">produced</hi>) is not the one he gave me; the other, was black, and bent like a piece of lead.</p>
<p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> I sent the barman after you—I can swear that this is not the half-crown.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-37" type="witnessName">
<interp inst="t18811212-name-37" type="gender" value="male"/>
<interp inst="t18811212-name-37" type="surname" value="THORPE"/>
<interp inst="t18811212-name-37" type="given" value="WILLIAM"/>WILLIAM THORPE</persName> </hi>. I am barman at the King's Head—I saw the prisoner there on 30th November—Sharpe showed me a bad half-crown; it was dark-looking—I did not observe whether it had a filing's head or a Queen's—I tried it in the tester, and it bent like a piece of lead—I gave it back to the landlady—the prisoner took it up, and said "I will carry it back to the one I took it from"—I followed him, and found him stand
<lb/>ing still in Museum Street, 60 or 80 yards off—I told him I wanted him, and he ran away—a constable caught him, and I said that he had passed some bad money—he said that he had not—we went back—he was searched at the public-house in my presence most carefully—this half-crown is not the one he passed—I did not have it in my hand, but I saw it on the counter.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-38" type="witnessName">
<interp inst="t18811212-name-38" type="gender" value="male"/>
<interp inst="t18811212-name-38" type="surname" value="LEE"/>
<interp inst="t18811212-name-38" type="given" value="GEORGE"/>GEORGE LEE</persName> </hi> (
<hi rend="italic">Policeman E</hi> 402). I saw the prisoner standing at the corner of Museum Street—Thorpe shouted out "That man has been passing bad money in our house, policeman!"—I said "Stop him, then!" and the prisoner commenced to run—Thorpe and I stopped him together, and I asked him where the bad money was—he said "I have not got any"—Thorpe said "Yes, you have, you have been trying to pass a two
<lb/>shilling piece and a half-crown in our house, and they are both bad"—he said "I know the two-shilling piece was bad, but the half-crown is good, and the landlord has got it"—I searched him in the street, but found nothing—I took him to the King's Head, and searched him again, but found nothing—he was taken to Bow Street and charged—on the</p>
<xptr type="pageFacsimile" doc="188112120006"/>
<p>next day he was in the waiting-room with a lot more prisoners, and he called me to him and said "Oh, policeman, here is the half-crown!"—I said "Why did not you give it to me before?"—he said "I did not know I had got it"—he then gave me the good half-crown which I have produced—I asked him about the florin—he said he never had one—he gave his address 1, Stamford Street, Lambeth, but there is no No. 1—Nos. 2, 3, and 4 are one large hat shop.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-39" type="witnessName">
<interp inst="t18811212-name-39" type="gender" value="male"/>
<interp inst="t18811212-name-39" type="surname" value="STILLWELL"/>
<interp inst="t18811212-name-39" type="given" value="EDWARD"/>EDWARD STILLWELL</persName> </hi> (
<hi rend="italic">Police Sergeant E</hi> 27). I was with Lee, and saw the prisoner standing on the opposite side of the way—Thorpe called out "Somebody has been passing bad money at our house!" and the prisoner commenced running—I ran after him, but was not present when he was stopped; he was searched on the spot to see that he had no money in his hands or pockets, and was then taken to the King's Arms and searched carefully, but we found nothing—I said "Where is the bad money you have been passing?"—he said "The landlady has got it, the half-crown was a good one, but the florin was bad"—he was taken to Bow Street, searched again carefully a third time, and nothing was found.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> I gave the landlady the florin, she looked at it, and gave it back to me. I produced the half-crown, she bent it, and gave it back to me. I put it in my pocket and walked out. She sent the bar
<lb/>man after me, and I was brought back, and that is the half-crown which has been produced. She says that she gave it to the barman, but she could not give it to him and to me too.</p>
<p>
<rs id="t18811212-95-verdict-1" type="verdictDescription">
<interp inst="t18811212-95-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18811212-95-verdict-1" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">of uttering the florin.</hi> </rs>
<hi rend="italic">
<rs id="t18811212-95-punishment-7" type="punishmentDescription">
<interp inst="t18811212-95-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t18811212-95-punishment-7" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-95-18811212 t18811212-95-punishment-7"/>Nine Months, Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18811212-96">
<interp inst="t18811212-96" type="uri" value="sessionsPapers/18811212"/>
<interp inst="t18811212-96" type="date" value="18811212"/>
<join result="criminalCharge" id="t18811212-96-charge-1" targOrder="Y" targets="def1-96-18811212 t18811212-96-offence-1 t18811212-96-verdict-1"/>
<p>96.
<persName id="def1-96-18811212" type="defendantName">
<interp inst="def1-96-18811212" type="gender" value="male"/>
<interp inst="def1-96-18811212" type="age" value="19"/>
<interp inst="def1-96-18811212" type="surname" value="JONES"/>
<interp inst="def1-96-18811212" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM JONES</hi> (19)</persName>
<rs id="t18811212-96-offence-1" type="offenceDescription">
<interp inst="t18811212-96-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18811212-96-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. LLOYD</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">COOKE</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-41" type="witnessName">
<interp inst="t18811212-name-41" type="gender" value="male"/>
<interp inst="t18811212-name-41" type="surname" value="PEACOCK"/>
<interp inst="t18811212-name-41" type="given" value="AUGUSTUS GILLETT"/>AUGUSTUS GILLETT PEACOCK</persName> </hi>. I am assistant to Hope Brothers, 88, Regent Street—on 23rd November, about 5 o'clock, somebody came in and tendered half a crown for a 3 1/2
<hi rend="italic">d</hi>. collar—I gave him the change, and gave the coin to the cashier, and about half an hour afterwards our manager called my attention to a half-crown.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-42" type="witnessName">
<interp inst="t18811212-name-42" type="gender" value="male"/>
<interp inst="t18811212-name-42" type="surname" value="SOANE"/>
<interp inst="t18811212-name-42" type="given" value="HERBERT"/>HERBERT SOANE</persName> </hi>. I am cashier to Messrs. Hope—on 23rd November Peacock gave me a half-crown to change—I gave him the change, and two or three minutes afterwards found the coin was bad, and gave it to the manager.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-43" type="witnessName">
<interp inst="t18811212-name-43" type="gender" value="male"/>
<interp inst="t18811212-name-43" type="surname" value="KITCHEN"/>
<interp inst="t18811212-name-43" type="given" value="EDWARD"/>EDWARD KITCHEN</persName> </hi>. I am manager to Hope Brothers—on 23rd Novem
<lb/>ber I saw the prisoner in the shop buying a collar of Peacock—after he left Mr. Soane gave me this half-crown—I doubled it up in a piece of wood, and these are the pieces (
<hi rend="italic">produced</hi>)—it had been put in an empty till which had been cleared at 5 o'clock—on 25th November, about 6.40, the prisoner came again for a collar; Hollis served him, and brought me a half-crown—I told the prisoner I had two or three bad coins, and should detain him—I said "Have you any more of them?"—he said "No"—I asked where he got it—he said that he had had it in his pocket since Monday—I marked it, and locked him up—a dog kept sniffing the prisoner's legs, which caused me to take more notice of him.</p>
<p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> The cashier never touched the coin or saw it—Mr. Hollis brought it to me directly.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-44" type="witnessName">
<interp inst="t18811212-name-44" type="gender" value="male"/>
<interp inst="t18811212-name-44" type="surname" value="COLE"/>
<interp inst="t18811212-name-44" type="given" value="JOHN"/>JOHN COLE</persName> </hi>. I am assistant to Messrs. Hope—on 23rd November the prisoner came up and asked me for a collar; I asked him to move up higher, as I was serving a lady and gentleman.</p>
<xptr type="pageFacsimile" doc="188112120007"/>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-45" type="witnessName">
<interp inst="t18811212-name-45" type="gender" value="male"/>
<interp inst="t18811212-name-45" type="surname" value="HOLLIS"/>
<interp inst="t18811212-name-45" type="given" value="FREDERICK WILLIAM"/>FREDERICK WILLIAM HOLLIS</persName> </hi>. I am assistant to Messrs. Hope—on the evening of 25th November the prisoner tendered me a half-crown for a collar—I bent it with my teeth and gave it to Kitchen, who spoke to him, and he was given in custody.</p>
<p>
<hi rend="italic">Cross-examined.</hi> The cashier did not see it.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-46" type="witnessName">
<interp inst="t18811212-name-46" type="gender" value="male"/>
<interp inst="t18811212-name-46" type="surname" value="JORDAN"/>
<interp inst="t18811212-name-46" type="given" value="ALFRED"/>ALFRED JORDAN</persName> </hi> (
<hi rend="italic">Policeman C</hi> 274). On 25th November Mr. Kitchen gave the prisoner into my charge with this half-crown (
<hi rend="italic">produced</hi>), and said that he had passed another the week before—I said "How do you account for having this in your possession?"—he said "I cannot account for it; I had a
<hi rend="italic">friendly leed</hi> last week, and I must have had them given to me then"—I searched him at the station, and found 1
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. in silver and five pence.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I have made inquiries and find you bear a good character.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-47" type="witnessName">
<interp inst="t18811212-name-47" type="gender" value="male"/>
<interp inst="t18811212-name-47" type="surname" value="WEBSTER"/>
<interp inst="t18811212-name-47" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. I am inspector of coin to Her Majesty's Mint—these half-crowns are bad.</p>
<p>
<hi rend="italic">The Prisoner's Statement before the Magistrate.</hi> "I was not in the shop on the Tuesday."</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> I had a friendly meeting, and must have got one of the half-crowns there, but I was nowhere near the shop on the Tuesday.</p>
<p>
<hi rend="smallCaps">
<rs id="t18811212-96-verdict-1" type="verdictDescription">
<interp inst="t18811212-96-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18811212-96-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18811212-96-punishment-8" type="punishmentDescription">
<interp inst="t18811212-96-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t18811212-96-punishment-8" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-96-18811212 t18811212-96-punishment-8"/>Twelve Months' Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18811212-97">
<interp inst="t18811212-97" type="uri" value="sessionsPapers/18811212"/>
<interp inst="t18811212-97" type="date" value="18811212"/>
<join result="criminalCharge" id="t18811212-97-charge-1" targOrder="Y" targets="def1-97-18811212 t18811212-97-offence-1 t18811212-97-verdict-1"/>
<p>97.
<persName id="def1-97-18811212" type="defendantName">
<interp inst="def1-97-18811212" type="gender" value="female"/>
<interp inst="def1-97-18811212" type="age" value="17"/>
<interp inst="def1-97-18811212" type="surname" value="TRAVELLER"/>
<interp inst="def1-97-18811212" type="given" value="ELIZABETH ELLEN"/>
<hi rend="largeCaps">ELIZABETH ELLEN TRAVELLER</hi> (17)</persName>
<rs id="t18811212-97-offence-1" type="offenceDescription">
<interp inst="t18811212-97-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18811212-97-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering a medal resembling a sovereign, with intent to defraud.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. LLOYD</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">COOKE</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-49" type="witnessName">
<interp inst="t18811212-name-49" type="gender" value="female"/>
<interp inst="t18811212-name-49" type="surname" value="JAMES"/>
<interp inst="t18811212-name-49" type="given" value="JULIA"/>JULIA JAMES</persName> </hi>. I am assistant to James Lawson, of 124, Edgware Road—on 17th November, about 6.30 p.m., I served the prisoner with some underclothing, which came to 3
<hi rend="italic">s</hi>. 1 1/2
<hi rend="italic">d</hi>.; she gave me a Hanoverian sovereign—I said "Where did you get this from?"—she said "From the baker's"—I said "What baker's?"—she said "The baker's in the Edgware Road give it to me, and I will go and change it"—I said "No, if it is a good one Mr. Lawson will change it," and took it to him—he asked her where she got it—she said "I had it from a Mend"—he said "What friend?"—she said "A gentleman; I don't know his name"—I sent for a policeman.</p>
<p>
<hi rend="italic">Cross-examined.</hi> You said that you got it from the baker's, not that you tried to get change at the baker's.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-50" type="witnessName">
<interp inst="t18811212-name-50" type="gender" value="male"/>
<interp inst="t18811212-name-50" type="surname" value="LAWSON"/>
<interp inst="t18811212-name-50" type="given" value="JAMES"/>JAMES LAWSON</persName> </hi>. I am a linendraper, of 142, Edgware Road—I said to the prisoner "Where did you get this?"—she said "I got it from a young man"—I gave her in custody.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-51" type="witnessName">
<interp inst="t18811212-name-51" type="gender" value="male"/>
<interp inst="t18811212-name-51" type="surname" value="GUNTER"/>
<interp inst="t18811212-name-51" type="given" value="FREDERICK"/>FREDERICK GUNTER</persName> </hi> (
<hi rend="italic">Policeman A</hi> 284). I was called, and said to the prisoner "Where did you get it?"—she said "A young man gave it to me; I don't know his name"—she was searched at the station, but nothing was found on her—Mr. Lawson gave me this coin.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-52" type="witnessName">
<interp inst="t18811212-name-52" type="gender" value="male"/>
<interp inst="t18811212-name-52" type="surname" value="WEBSTER"/>
<interp inst="t18811212-name-52" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. This is a brass counter about the size of a sovereign, but not quite so thick; there is the same knerling as on a sovereign, but it is not so large—it is hardly worth a farthing.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> This is the first sovereign I ever had in my life.</p>
<p>
<hi rend="smallCaps">
<rs id="t18811212-97-verdict-1" type="verdictDescription">
<interp inst="t18811212-97-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18811212-97-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<xptr type="pageFacsimile" doc="188112120008"/>
<p>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Tuesday, December</hi> 13
<hi rend="italic">th,</hi> 1881.</p>
<p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t18811212-98">
<interp inst="t18811212-98" type="uri" value="sessionsPapers/18811212"/>
<interp inst="t18811212-98" type="date" value="18811212"/>
<join result="criminalCharge" id="t18811212-98-charge-1" targOrder="Y" targets="def1-98-18811212 t18811212-98-offence-1 t18811212-98-verdict-1"/>
<p>98.
<persName id="def1-98-18811212" type="defendantName">
<interp inst="def1-98-18811212" type="gender" value="male"/>
<interp inst="def1-98-18811212" type="age" value="37"/>
<interp inst="def1-98-18811212" type="surname" value="HUDDY"/>
<interp inst="def1-98-18811212" type="given" value="EDWARD"/>
<hi rend="largeCaps">EDWARD HUDDY</hi> (37)</persName>
<rs id="t18811212-98-offence-1" type="offenceDescription">
<interp inst="t18811212-98-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18811212-98-offence-1" type="offenceSubcategory" value="wounding"/>, Feloniously assaulting
<persName id="t18811212-name-54" type="victimName">
<interp inst="t18811212-name-54" type="gender" value="male"/>
<interp inst="t18811212-name-54" type="surname" value="RICHARDS"/>
<interp inst="t18811212-name-54" type="given" value="HENRY"/>
<join result="offenceVictim" targOrder="Y" targets="t18811212-98-offence-1 t18811212-name-54"/>Henry Richards</persName>, and drawing the trigger of a loaded pistol, with intent to murder him.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. POLAND</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">WILLIAMS</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-55" type="witnessName">
<interp inst="t18811212-name-55" type="gender" value="male"/>
<interp inst="t18811212-name-55" type="surname" value="CRAWLEY"/>
<interp inst="t18811212-name-55" type="given" value="HENRY"/>HENRY CRAWLEY</persName> </hi>. I live at 17, St. James's Place—on 28th November, about 10.15 p.m. I was coming out of the Army and Navy Club, Pall Mall, and saw the prisoner five or six yards off holding a pistol in my direction, but he dropped his arm and put it in his pocket and walked slowly away—he was a stranger to me—I followed him and spoke to a police inspector, who seized him, and I heard the snap of a cap—I then saw the inspector and the prisoner struggling on the ground—I took the pistol from him and gave it to the inspector.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-56" type="witnessName">
<interp inst="t18811212-name-56" type="gender" value="male"/>
<interp inst="t18811212-name-56" type="surname" value="RICHARDS"/>
<interp inst="t18811212-name-56" type="given" value="HENRY"/>HENRY RICHARDS</persName> </hi> (
<hi rend="italic">Police Inspector C</hi>). On 29th November, about 10.20 p.m., I was in Pall Hall in uniform; Mr. Crawley spoke to me and the prisoner came towards me; I turned round to arrest him, but he stood away from me, presented a pistol deliberately at my face, and I saw the flash from the cap exploding—I rushed at him. threw him down, and said "Give me the pistol"—he said "I won't; I intend shooting some of the b—s"—I struggled with him some time—Mr. Crawley took the pistol from and handed it to me—on the way to the station he said "I am very sorry the charge did not go off"—I said "I don't see why you should want to shoot me"—he said "I would just as soon shoot you as any one else; I should like to shoot you as well as any of the b—authorities" the pistol was not a revolver; it was loaded with powder and ball—I found on him four bullets, some percussion caps, and this discharge from the Army. (
<hi rend="italic">Dated 23rd November,</hi> 1874,
<hi rend="italic">giving him a good character, and stating that he had four good conduct badges.</hi>) I also found this statement showing a balance of 57
<hi rend="italic">l</hi>. for certain claims—he said that he had come from the country to get his claim settled; he had been to the War Office, and finding he could get no one to take notice of it he shot some one for the purpose of drawing attention to his claim—on being removed to a cell he said "I did not intend to hurt you"—he was perfectly sober.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-57" type="witnessName">
<interp inst="t18811212-name-57" type="gender" value="male"/>
<interp inst="t18811212-name-57" type="surname" value="HUDDY"/>
<interp inst="t18811212-name-57" type="given" value="PATRICK"/>PATRICK HUDDY</persName> </hi>. I am a tailor of 12, Lower North Street, Poplar—the prisoner is my brother; he lived there with me for two years—he has not been in the Army—he is sometimes right in his mind and sometimes he is failing—he often threatened to go to the War Office and shoot some one—he said that the Government was playing upon him—I had once to take a pistol from him—he once shot at a window of the Mansion House, and was sent to Stone, in Kent, and from there to Colney Hatch.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-58" type="witnessName">
<interp inst="t18811212-name-58" type="gender" value="male"/>
<interp inst="t18811212-name-58" type="surname" value="SHEPHERD"/>
<interp inst="t18811212-name-58" type="given" value="EDGAR"/>EDGAR SHEPHERD</persName> </hi>. I am medical superintendent of the County Lunatic Asylum, Colney Hatch—the prisoner was admitted there on 14th August, being transferred from the City of London Asylum at Stone—he was discharged on 18th November—while he was there I had great doubt whether he was insane—he behaved very quiet and very well; he certainly had delusions when he first came.</p>
<p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> You had a delusion about the Duke of Cambridge, and said that if you had a pistol you would shoot him.</p>
<p>
<hi rend="italic">The Prisoner.</hi> I told you nothing of the sort.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-59" type="witnessName">
<interp inst="t18811212-name-59" type="gender" value="male"/>
<interp inst="t18811212-name-59" type="surname" value="GIBSON"/>
<interp inst="t18811212-name-59" type="given" value="JOHN ROWLAND"/>JOHN ROWLAND GIBSON</persName> </hi>. I am surgeon of Her Majesty's Gaol of New
<lb/>gate—my</p>
<xptr type="pageFacsimile" doc="188112120009"/>
<p>attention has been specially directed to the prisoner since he was admitted, a fortnight ago to-day—he is suffering from delusions; he believes he is entitled to the Crown of England, and that the Royal Family, particularly the Duke of Cambridge, hold positions which he should hold, and have property which belongs to him, and that whenever he got a situation the Duke of Cambridge had written to the papers and to his masters—I have no doubt that his delusions are thoroughly genuine, and that he is not right in his mind, and does not know the nature and character of the acts he has done—I think he was dange
<lb/>rously at large.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> I have been in the service nine years and 323 days, and a balance of 5
<hi rend="italic">l</hi>. 18
<hi rend="italic">s</hi>. 2 1/2
<hi rend="italic">d</hi>. has been due to me for six or seven years. I went up to the War Office last month, and could find no authorities, and got no satisfaction. The night I came to the Army and Navy House and drew the pistol I did not present it; the cap was broken, it would not ignite, and there was only one cap. I just presented the pistol at him, and then put it in my pocket, and the policeman rushed at me. I did not fire it at the police-officer. I did it that I should get my money, because it had been in the hands of the Government so many years, but the Duke of Cambridge has nothing to do with this.</p>
<p>
<rs id="t18811212-98-verdict-1" type="verdictDescription">
<interp inst="t18811212-98-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18811212-98-verdict-1" type="verdictSubcategory" value="nonComposMentis"/>
<hi rend="smallCaps">NOT GUILTY</hi> on
<hi rend="italic">the ground of insanity.</hi> </rs>
<hi rend="italic">
<rs id="t18811212-98-punishment-9" type="punishmentDescription">
<interp inst="t18811212-98-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t18811212-98-punishment-9" type="punishmentSubcategory" value="insanity"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-98-18811212 t18811212-98-punishment-9"/>To be detained during Her Majesty's pleasure.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18811212-99">
<interp inst="t18811212-99" type="uri" value="sessionsPapers/18811212"/>
<interp inst="t18811212-99" type="date" value="18811212"/>
<join result="criminalCharge" id="t18811212-99-charge-1" targOrder="Y" targets="def1-99-18811212 t18811212-99-offence-1 t18811212-99-verdict-1"/>
<join result="criminalCharge" id="t18811212-99-charge-2" targOrder="Y" targets="def2-99-18811212 t18811212-99-offence-1 t18811212-99-verdict-2"/>
<join result="criminalCharge" id="t18811212-99-charge-3" targOrder="Y" targets="def3-99-18811212 t18811212-99-offence-1 t18811212-99-verdict-1"/>
<p>99.
<persName id="def1-99-18811212" type="defendantName">
<interp inst="def1-99-18811212" type="gender" value="male"/>
<interp inst="def1-99-18811212" type="age" value="47"/>
<interp inst="def1-99-18811212" type="surname" value="HEYMAN"/>
<interp inst="def1-99-18811212" type="given" value="MAC MORITZ"/>
<hi rend="largeCaps">MAC MORITZ HEYMAN</hi> (47)</persName>,
<persName id="def2-99-18811212" type="defendantName">
<interp inst="def2-99-18811212" type="gender" value="male"/>
<interp inst="def2-99-18811212" type="age" value="52"/>
<interp inst="def2-99-18811212" type="surname" value="JACOBI"/>
<interp inst="def2-99-18811212" type="given" value="SELLI"/>
<hi rend="largeCaps">SELLI JACOBI</hi> (52)</persName>, and
<persName id="def3-99-18811212" type="defendantName">
<interp inst="def3-99-18811212" type="gender" value="male"/>
<interp inst="def3-99-18811212" type="age" value="41"/>
<interp inst="def3-99-18811212" type="surname" value="TUESKI"/>
<interp inst="def3-99-18811212" type="given" value="JACOB"/>
<hi rend="largeCaps">JACOB TUESKI</hi> (41)</persName>
<rs id="t18811212-99-offence-1" type="offenceDescription">
<interp inst="t18811212-99-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18811212-99-offence-1" type="offenceSubcategory" value="fraud"/>, Unlawfully obtaining 12 knives, one clock, and other articles by false pretences.
<hi rend="italic">Other counts</hi> for conspiracy.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. POLAND</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MONTAGU WILLIAMS</hi>
<hi rend="italic">Prosecuted</hi>;
<hi rend="smallCaps">MR. BESLEY</hi>
<hi rend="italic">appeared</hi> </p>
<p>
<hi rend="italic">for Heyman, and</hi>
<hi rend="smallCaps">MR. CLARKE</hi>, Q.C.,
<hi rend="italic">for Jacobi.</hi> </p>
<p>
<hi rend="largeCaps">HEYMAN</hi>
<hi rend="italic">and</hi>
<hi rend="largeCaps">TUESKI</hi>
<rs id="t18811212-99-verdict-1" type="verdictDescription">
<interp inst="t18811212-99-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18811212-99-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>
<hi rend="italic">having stated in the hearing of the Jury that thy were</hi>
<hi rend="smallCaps">GUILTY</hi>,
<hi rend="italic">the Jury found that verdict—</hi> </rs>
<hi rend="largeCaps">HEYMAN</hi>
<hi rend="italic">
<rs id="t18811212-99-punishment-10" type="punishmentDescription">
<interp inst="t18811212-99-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t18811212-99-punishment-10" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-99-18811212 t18811212-99-punishment-10"/>Five Years' Penal Servitude.</rs> </hi>
<hi rend="largeCaps">TUESKI</hi>
<hi rend="italic">
<rs id="t18811212-99-punishment-11" type="punishmentDescription">
<interp inst="t18811212-99-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t18811212-99-punishment-11" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-99-18811212 t18811212-99-punishment-11"/>Twelve Months' Hard Labour.</rs> No evidence was offered against</hi>
<hi rend="largeCaps">JACOBI</hi>.—
<hi rend="smallCaps">
<rs id="t18811212-99-verdict-2" type="verdictDescription">
<interp inst="t18811212-99-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18811212-99-verdict-2" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18811212-100">
<interp inst="t18811212-100" type="uri" value="sessionsPapers/18811212"/>
<interp inst="t18811212-100" type="date" value="18811212"/>
<join result="criminalCharge" id="t18811212-100-charge-1" targOrder="Y" targets="def1-100-18811212 t18811212-100-offence-1 t18811212-100-verdict-1"/>
<p>100.
<persName id="def1-100-18811212" type="defendantName">
<interp inst="def1-100-18811212" type="gender" value="male"/>
<interp inst="def1-100-18811212" type="age" value="19"/>
<interp inst="def1-100-18811212" type="surname" value="FORTESCUE"/>
<interp inst="def1-100-18811212" type="given" value="HERBERT"/>
<hi rend="largeCaps">HERBERT FORTESCUE</hi> (19)</persName>
<rs id="t18811212-100-offence-1" type="offenceDescription">
<interp inst="t18811212-100-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18811212-100-offence-1" type="offenceSubcategory" value="theftFromPlace"/>
<hi rend="smallCaps">
<rs id="t18811212-100-verdict-1" type="verdictDescription">
<interp inst="t18811212-100-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18811212-100-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to stealing a pianoforte of
<persName id="t18811212-name-64" type="victimName">
<interp inst="t18811212-name-64" type="gender" value="male"/>
<interp inst="t18811212-name-64" type="surname" value="SHINBERG"/>
<interp inst="t18811212-name-64" type="given" value="JULIUS"/>
<join result="offenceVictim" targOrder="Y" targets="t18811212-100-offence-1 t18811212-name-64"/>Julius Shinberg</persName> in his dwelling-house.—</rs>
<hi rend="italic">
<rs id="t18811212-100-punishment-12" type="punishmentDescription">
<interp inst="t18811212-100-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t18811212-100-punishment-12" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-100-18811212 t18811212-100-punishment-12"/>Twelve Months' Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18811212-101">
<interp inst="t18811212-101" type="uri" value="sessionsPapers/18811212"/>
<interp inst="t18811212-101" type="date" value="18811212"/>
<join result="criminalCharge" id="t18811212-101-charge-1" targOrder="Y" targets="def1-101-18811212 t18811212-101-offence-1 t18811212-101-verdict-1"/>
<join result="criminalCharge" id="t18811212-101-charge-2" targOrder="Y" targets="def2-101-18811212 t18811212-101-offence-1 t18811212-101-verdict-1"/>
<p>101.
<persName id="def1-101-18811212" type="defendantName">
<interp inst="def1-101-18811212" type="gender" value="male"/>
<interp inst="def1-101-18811212" type="age" value="22"/>
<interp inst="def1-101-18811212" type="surname" value="WLLSEND"/>
<interp inst="def1-101-18811212" type="given" value="FRANZ"/>
<hi rend="largeCaps">FRANZ WLLSEND</hi> (22)</persName> and
<persName id="def2-101-18811212" type="defendantName">
<interp inst="def2-101-18811212" type="gender" value="female"/>
<interp inst="def2-101-18811212" type="age" value="24"/>
<interp inst="def2-101-18811212" type="surname" value="WILSEND"/>
<interp inst="def2-101-18811212" type="given" value="MARY"/>
<hi rend="largeCaps">MARY WILSEND</hi> (24)</persName>
<rs id="t18811212-101-offence-1" type="offenceDescription">
<interp inst="t18811212-101-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18811212-101-offence-1" type="offenceSubcategory" value="pocketpicking"/>, Stealing a watch and chain of
<persName id="t18811212-name-67" type="victimName">
<interp inst="t18811212-name-67" type="gender" value="male"/>
<interp inst="t18811212-name-67" type="surname" value="BATTERSBY"/>
<interp inst="t18811212-name-67" type="given" value="ISAAC"/>
<join result="offenceVictim" targOrder="Y" targets="t18811212-101-offence-1 t18811212-name-67"/>Isaac Battersby</persName> from his person.</rs> </p>
<p>
<hi rend="smallCaps">MR. RIBTON</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-68" type="witnessName">
<interp inst="t18811212-name-68" type="gender" value="male"/>
<interp inst="t18811212-name-68" type="surname" value="BATTERSBY"/>
<interp inst="t18811212-name-68" type="given" value="ISAAC"/>ISAAC BATTERSBY</persName> </hi>. I live at 23, Coleshill Street, Eaton Square, and am a clerk to the London and North-Western Railway—one evening at the end of August or beginning of September I left the station and was going home and lost my watch and chain—I have no recollection of what happened to me; I might have been touched with chloroform—I don't remember anything happening to me, or any one interfering with me till I found myself in a cell at the Southwark Police-station, and my watch was gone—two or three months afterwards it was shown to me by a policeman; this is it, it has not the same chain on it now.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-69" type="witnessName">
<interp inst="t18811212-name-69" type="gender" value="male"/>
<interp inst="t18811212-name-69" type="surname" value="KING"/>
<interp inst="t18811212-name-69" type="given" value="HENRY"/>HENRY KING</persName> </hi> (
<hi rend="italic">Policeman R</hi> 145). On 25th November I apprehended the two prisoners in the New Cross Road, Deptford, on another charge of stealing from furnished lodgings—I searched the man, and found this watch (
<hi rend="italic">produced</hi>) on him—I know nothing about how Mr. Battersby got to the station—I made inquiries at Southwark.</p>
<p>
<hi rend="smallCaps">
<rs id="t18811212-101-verdict-1" type="verdictDescription">
<interp inst="t18811212-101-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18811212-101-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18811212-102">
<interp inst="t18811212-102" type="uri" value="sessionsPapers/18811212"/>
<interp inst="t18811212-102" type="date" value="18811212"/>
<join result="criminalCharge" id="t18811212-102-charge-1" targOrder="Y" targets="def1-102-18811212 t18811212-102-offence-1 t18811212-102-verdict-1"/>
<join result="criminalCharge" id="t18811212-102-charge-2" targOrder="Y" targets="def2-102-18811212 t18811212-102-offence-1 t18811212-102-verdict-2"/>
<xptr type="pageFacsimile" doc="188112120010"/>
<p>102.
<persName id="def1-102-18811212" type="defendantName">
<interp inst="def1-102-18811212" type="gender" value="male"/>
<interp inst="def1-102-18811212" type="age" value="22"/>
<interp inst="def1-102-18811212" type="surname" value="WILSEND"/>
<interp inst="def1-102-18811212" type="given" value="FRANZ"/>
<hi rend="largeCaps">FRANZ WILSEND</hi> (22)</persName> and
<persName id="def2-102-18811212" type="defendantName">
<interp inst="def2-102-18811212" type="gender" value="female"/>
<interp inst="def2-102-18811212" type="age" value="24"/>
<interp inst="def2-102-18811212" type="surname" value="WILSEND"/>
<interp inst="def2-102-18811212" type="given" value="MARY"/>
<hi rend="largeCaps">MARY WILSEND</hi> (24)</persName> were
<hi rend="italic">again</hi> indicted for
<rs id="t18811212-102-offence-1" type="offenceDescription">
<interp inst="t18811212-102-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18811212-102-offence-1" type="offenceSubcategory" value="theftFromPlace"/>stealing two rings and two chains and 2
<hi rend="italic">l</hi>. 14
<hi rend="italic">s</hi>. of
<persName id="t18811212-name-72" type="victimName">
<interp inst="t18811212-name-72" type="gender" value="male"/>
<interp inst="t18811212-name-72" type="surname" value="JERLOCK"/>
<interp inst="t18811212-name-72" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18811212-102-offence-1 t18811212-name-72"/>John Jerlock</persName> in his dwelling-house.</rs> </p>
<p>
<hi rend="smallCaps">MR. RIBTON</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-73" type="witnessName">
<interp inst="t18811212-name-73" type="gender" value="male"/>
<interp inst="t18811212-name-73" type="surname" value="JERLOCK"/>
<interp inst="t18811212-name-73" type="given" value="JOHN"/>JOHN JERLOCK</persName> </hi>. I live at 1, Bell Place, St. George's-in-the-East, and am a glass manufacturer—the female prisoner came to my house as housekeeper on 1st October, and left at 9 o'clock on 26th without notice—the male prisoner used often to come while she was there; she slept in the house, and he came every night—I found a box broken open at 7 in the night, and missed two chains, two rings, and 2
<hi rend="italic">l</hi>. 14
<hi rend="italic">s</hi>. in money—these articles (
<hi rend="italic">produced</hi>) are mine, with the exception of this locket—I went with the policeman to Bromley, in Kent, and there I saw them.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-74" type="witnessName">
<interp inst="t18811212-name-74" type="gender" value="female"/>
<interp inst="t18811212-name-74" type="surname" value="YOHAS"/>
<interp inst="t18811212-name-74" type="given" value="EMILY"/>EMILY YOHAS</persName> </hi>. I am Mr. Jerlock's stepdaughter, and live with him—I remember the female prisoner coming there as housekeeper—the male prisoner used to come there every night for about a fortnight—the woman left on 26th October—on the morning before she went away she asked if my father had plenty of money; I said "I know nothing about father's money"—on that morning I saw them both in father's bedroom; the man was sitting on father's box, and had this part of the chain in his hand, and she was on the chair—she told me three times to go down
<lb/>stairs; they said if I said anything to father about the man sleeping there they would kil me. I went down, and when I was coming up again I heard them run out—I did not look at the box—I stayed down
<lb/>stairs till father came in—the lid of the box was not broken; they broke the lock.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-75" type="witnessName">
<interp inst="t18811212-name-75" type="gender" value="male"/>
<interp inst="t18811212-name-75" type="surname" value="PAEIL"/>
<interp inst="t18811212-name-75" type="given" value="CHRISTOPHER"/>CHRISTOPHER PAEIL</persName> </hi>. I am a pawnbroker at Bromley—I advanced 15
<hi rend="italic">s</hi>. on this chain on 2nd November to the male prisoner—this is the duplicate I gave him.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-76" type="witnessName">
<interp inst="t18811212-name-76" type="gender" value="male"/>
<interp inst="t18811212-name-76" type="surname" value="ENDACOT"/>
<interp inst="t18811212-name-76" type="given" value="GEORGE"/>GEORGE ENDACOT</persName> </hi>. I live at 62, High Street, Deptford, and am a pawnbroker—this piece of chain and seal were pawned at my place on 7th November by the male prisoner for 5
<hi rend="italic">s</hi>.—I have got the duplicates here; these are they; I gave him the corresponding part.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-77" type="witnessName">
<interp inst="t18811212-name-77" type="gender" value="female"/>
<interp inst="t18811212-name-77" type="surname" value="HAWKINS"/>
<interp inst="t18811212-name-77" type="given" value="MARY"/>MARY HAWKINS</persName> </hi>. I am a female searcher—on the 25th November I searched the female prisoner at the station; I found these two duplicates on her and a purse and some bad money.</p>
<p>
<hi rend="italic">The Prisoners' Statements before the Magistrate.</hi>"We are not guilty."</p>
<p>
<hi rend="italic">The male Prisoner stated that he found the two tickets in the street, and did not pawn anything.</hi> </p>
<p>
<hi rend="italic">The female prisoner stated that she never took anything from the man, and that she was his wife.</hi> </p>
<p>
<hi rend="largeCaps">FRANZ WILSEND</hi>
<hi rend="smallCaps">
<rs id="t18811212-102-verdict-1" type="verdictDescription">
<interp inst="t18811212-102-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18811212-102-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18811212-102-punishment-13" type="punishmentDescription">
<interp inst="t18811212-102-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t18811212-102-punishment-13" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-102-18811212 t18811212-102-punishment-13"/>Six Month' Hard labour.</rs> </hi> </p>
<p>
<hi rend="largeCaps">MARY WILSEND</hi>
<hi rend="smallCaps">
<rs id="t18811212-102-verdict-2" type="verdictDescription">
<interp inst="t18811212-102-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18811212-102-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18811212-102-punishment-14" type="punishmentDescription">
<interp inst="t18811212-102-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t18811212-102-punishment-14" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-102-18811212 t18811212-102-punishment-14"/>Three Months' Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18811212-103">
<interp inst="t18811212-103" type="uri" value="sessionsPapers/18811212"/>
<interp inst="t18811212-103" type="date" value="18811212"/>
<join result="criminalCharge" id="t18811212-103-charge-1" targOrder="Y" targets="def1-103-18811212 t18811212-103-offence-1 t18811212-103-verdict-1"/>
<p>103.
<persName id="def1-103-18811212" type="defendantName">
<interp inst="def1-103-18811212" type="gender" value="female"/>
<interp inst="def1-103-18811212" type="age" value="32"/>
<interp inst="def1-103-18811212" type="surname" value="RILEY"/>
<interp inst="def1-103-18811212" type="given" value="MARY"/>
<hi rend="largeCaps">MARY RILEY</hi> (32)</persName>
<rs id="t18811212-103-offence-1" type="offenceDescription">
<interp inst="t18811212-103-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18811212-103-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing a metal cock of
<persName id="t18811212-name-79" type="victimName">
<interp inst="t18811212-name-79" type="gender" value="male"/>
<interp inst="t18811212-name-79" type="surname" value="STARNES"/>
<interp inst="t18811212-name-79" type="given" value="THOMAS AUGUSTUS"/>
<join result="offenceVictim" targOrder="Y" targets="t18811212-103-offence-1 t18811212-name-79"/>Thomas Augustus Starnes</persName> and others.</rs> </p>
<p>
<hi rend="smallCaps">MR. HARRY GIFFARD</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-80" type="witnessName">
<interp inst="t18811212-name-80" type="gender" value="male"/>
<interp inst="t18811212-name-80" type="surname" value="SPOONER"/>
<interp inst="t18811212-name-80" type="given" value="ALFRED"/>ALFRED SPOONER</persName> </hi>. I am shopkeeper to Messrs. Starnes and Sons, ironmongers, of 4, New London Street—about a quarter-past two o'clock on 5th October I was in charge of the shop; a man came in, and the prisoner followed him—the man wanted to buy a steam gauge, pointed to one in the window, and said he would like to buy one a size smaller—while I was showing him one I saw the prisoner stooping down—I said</p>
<xptr type="pageFacsimile" doc="188112120011"/>
<p>to the man, "Cannot you call at three o'clock? and then the governor will be in," and he said, "I cannot call to-day," and he was going to say something else, when the prisoner said, "Cannot you call at three?" and he said, "Yes," and she walked out of the shop in a hurry—I followed, because I had some suspicion—I looked on the floor, and saw a cock missing—I saw the prisoner walking down London Street, and I saw she had something under her shawl—I followed, and said, "What have you got under your shawl?" and she said, "Nothing"—she laid it down on a doorstep and ran away—I followed her into Fenchurch Street, crying, "Stop thief!"—I caught her up, two policemen came—I gave her in charge—she wanted to give me her address and let her go, but I said she might not give me her right address—she was locked up.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I did not see you take anything—you were outside the shop not half a minute before the man came out.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-81" type="witnessName">
<interp inst="t18811212-name-81" type="gender" value="male"/>
<interp inst="t18811212-name-81" type="surname" value="SANDERS"/>
<interp inst="t18811212-name-81" type="given" value="GEORGE"/>GEORGE SANDERS</persName> </hi> (
<hi rend="italic">Policeman</hi> 844). I was in Fenchurch Street and heard a cry of "Stop thief!" and saw the prisoner running—I stepped in front of her, and directly I did so she turned round and accused the boy Spooner of throwing the steam-cock and hitting her on the left side of her face—there was no sign of a mark, and the boy had it in his hand—the boy then said, "She has taken it from our shop in London Street"—I then went with him down to the shop, and he showed me where the cock had been taken from off the floor—on the road from the shop to the station the prisoner said that a man had taken it from the shop, and asked her to carry it, she refused to do so, and he threw it at her, hitting her on the left leg with it—she was searched by the female searcher at the station, and no vestige of any mark whatever was found on her.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-82" type="witnessName">
<interp inst="t18811212-name-82" type="gender" value="male"/>
<interp inst="t18811212-name-82" type="surname" value="STARNES"/>
<interp inst="t18811212-name-82" type="given" value="THOMAS AUGUSTUS"/>THOMAS AUGUSTUS STARNES</persName> </hi>. I am a member of the firm of Starnes and Sons, New London Street—the steam-cock is the property of our firm, and is worth thirty-five shillings—on 15th November it was in our shop.</p>
<p>
<hi rend="italic">The Prisoner's Statement before the Magistrate,</hi> "I have nothing to say—I call no witnesses."</p>
<p>
<hi rend="smallCaps">
<rs id="t18811212-103-verdict-1" type="verdictDescription">
<interp inst="t18811212-103-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18811212-103-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<p>
<hi rend="italic">The Prisoner then</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">to a conviction of felony at Clerkenwell on 7th November,</hi> 1874,
<hi rend="italic">in the name of
<persName id="t18811212-name-83">
<interp inst="t18811212-name-83" type="gender" value="female"/>
<interp inst="t18811212-name-83" type="surname" value="EVANS"/>
<interp inst="t18811212-name-83" type="given" value="na"/>Evans</persName>, and several other convictions were proved against her,—
<rs id="t18811212-103-punishment-15" type="punishmentDescription">
<interp inst="t18811212-103-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t18811212-103-punishment-15" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-103-18811212 t18811212-103-punishment-15"/>Twelve Months' Hard Labour, to be concurrent with a term of sentence which she was then undergoing</rs>.</hi> </p> </div1>
<p>
<hi rend="largeCaps">FOURTH COURT</hi>.—
<hi rend="italic">Tuesday, December</hi> 13
<hi rend="italic">th,</hi> 1881.</p>
<p>
<hi rend="italic">Before Robert Malcolm Kerr, Esq.</hi> </p>
<div1 type="trialAccount" id="t18811212-104">
<interp inst="t18811212-104" type="uri" value="sessionsPapers/18811212"/>
<interp inst="t18811212-104" type="date" value="18811212"/>
<join result="criminalCharge" id="t18811212-104-charge-1" targOrder="Y" targets="def1-104-18811212 t18811212-104-offence-1 t18811212-104-verdict-1"/>
<p>104.
<persName id="def1-104-18811212" type="defendantName">
<interp inst="def1-104-18811212" type="gender" value="male"/>
<interp inst="def1-104-18811212" type="age" value="45"/>
<interp inst="def1-104-18811212" type="surname" value="PAIN"/>
<interp inst="def1-104-18811212" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE PAIN</hi> (45)</persName>
<rs id="t18811212-104-offence-1" type="offenceDescription">
<interp inst="t18811212-104-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18811212-104-offence-1" type="offenceSubcategory" value="bigamy"/>
<hi rend="smallCaps">
<rs id="t18811212-104-verdict-1" type="verdictDescription">
<interp inst="t18811212-104-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18811212-104-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to marrying
<persName id="t18811212-name-85" type="victimName">
<interp inst="t18811212-name-85" type="gender" value="female"/>
<interp inst="t18811212-name-85" type="surname" value="COLEGATE"/>
<interp inst="t18811212-name-85" type="given" value="EMILY"/>
<join result="offenceVictim" targOrder="Y" targets="t18811212-104-offence-1 t18811212-name-85"/>Emily Colegate</persName>, his wife
<persName id="t18811212-name-86" type="victimName">
<interp inst="t18811212-name-86" type="gender" value="female"/>
<interp inst="t18811212-name-86" type="surname" value="PAIN"/>
<interp inst="t18811212-name-86" type="given" value="ISABELLA"/>
<join result="offenceVictim" targOrder="Y" targets="t18811212-104-offence-1 t18811212-name-86"/>Isabella</persName> being alive.—</rs>
<hi rend="italic">
<rs id="t18811212-104-punishment-16" type="punishmentDescription">
<interp inst="t18811212-104-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t18811212-104-punishment-16" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-104-18811212 t18811212-104-punishment-16"/>One Day's Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18811212-105">
<interp inst="t18811212-105" type="uri" value="sessionsPapers/18811212"/>
<interp inst="t18811212-105" type="date" value="18811212"/>
<join result="criminalCharge" id="t18811212-105-charge-1" targOrder="Y" targets="def1-105-18811212 t18811212-105-offence-1 t18811212-105-verdict-1"/>
<p>105.
<persName id="def1-105-18811212" type="defendantName">
<interp inst="def1-105-18811212" type="gender" value="male"/>
<interp inst="def1-105-18811212" type="age" value="16"/>
<interp inst="def1-105-18811212" type="surname" value="MURRAY"/>
<interp inst="def1-105-18811212" type="given" value="MONTAGUE"/>
<hi rend="largeCaps">MONTAGUE MURRAY</hi> (16)</persName>
<rs id="t18811212-105-offence-1" type="offenceDescription">
<interp inst="t18811212-105-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18811212-105-offence-1" type="offenceSubcategory" value="burglary"/>, Burglary in the dwelling house of
<persName id="t18811212-name-88" type="victimName">
<interp inst="t18811212-name-88" type="gender" value="male"/>
<interp inst="t18811212-name-88" type="surname" value="BAKER"/>
<interp inst="t18811212-name-88" type="given" value="CHARLES WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18811212-105-offence-1 t18811212-name-88"/>Charles William Baker</persName>, and stealing a metal pipe and three yards of tubing, the goods of
<persName id="t18811212-name-89" type="victimName">
<interp inst="t18811212-name-89" type="gender" value="male"/>
<interp inst="t18811212-name-89" type="surname" value="VINEY"/>
<interp inst="t18811212-name-89" type="given" value="WILLIAM HENRY"/>
<join result="offenceVictim" targOrder="Y" targets="t18811212-105-offence-1 t18811212-name-89"/>William Henry Viney</persName>.</rs> </p>
<p>
<hi rend="smallCaps">MR. SAUNDERS</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-90" type="witnessName">
<interp inst="t18811212-name-90" type="gender" value="male"/>
<interp inst="t18811212-name-90" type="surname" value="KEAR"/>
<interp inst="t18811212-name-90" type="given" value="WILLIAM ALEXANDER"/>WILLIAM ALEXANDER KEAR</persName> </hi>. I live at 21, Mercer Street—I am employed by Mr. Viney, of Gerard Street, Soho—on 15th November, about a quarter to eight o'clock, I found the place had been broken into—four squares of glass were broken of the workshop window, and four bars taken from the railings—the framework of the window was also</p>
<xptr type="pageFacsimile" doc="188112120012"/>
<p>broken—on going inside I missed a gas-pipe and some india-rubber tubing which had been in the workshop—I had left at 9.30 the previous night, and shut up the place—the entrance to the kitchen is through a passage and down the kitchen stairs.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-91" type="witnessName">
<interp inst="t18811212-name-91" type="gender" value="male"/>
<interp inst="t18811212-name-91" type="surname" value="BAKER"/>
<interp inst="t18811212-name-91" type="given" value="CHARLES WILLIAM"/>CHARLES WILLIAM BAKER</persName> </hi>. I live at 7, Gerard Street—on the morning of 15th November I was in Gerard Street, on my way home—I saw two men standing outside a house, one was looking over the area railings—when I went across the road to speak to them I saw a light in the area—I spoke to them, and followed them—I afterwards went back to the house—I told some friends of mine to stop round the house while I fetched a policeman—I went into the area with the policeman—we found the prisoner crouched up in the cellar in the area under the pavement, and opposite the kitchen—we found this tubing outside in the area.</p>
<p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> At the police-court I mentioned that at about nine o'clock, when I went out, I noticed two men in the passage; I did not take further notice then, but when I returned from my club about 1.30 a.m. I saw the men and followed them to Newport Market; I did not see a policeman, and as I was by myself I was afraid to do anything further—my door is usually open when I am in, but I lock it on going out—no one could come in the passage without my hearing—I saw you before the constable did—I heard you say something to the constable, but not what it was.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-92" type="witnessName">
<interp inst="t18811212-name-92" type="gender" value="male"/>
<interp inst="t18811212-name-92" type="surname" value="RYDER"/>
<interp inst="t18811212-name-92" type="given" value="HENRY"/>HENRY RYDER</persName> </hi> (
<hi rend="italic">Policeman C</hi> 49). I was in Gerard Street on the morning of 15th November, and saw the prisoner in a cellar—I said, "What are you doing here?" he said, "They told me to get down here"—I took him to the station—I found on him a piece of candle and a pocket-knife.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-93" type="witnessName">
<interp inst="t18811212-name-93" type="gender" value="male"/>
<interp inst="t18811212-name-93" type="surname" value="SMITH"/>
<interp inst="t18811212-name-93" type="given" value="ARTHUR"/>ARTHUR SMITH</persName> </hi> (
<hi rend="italic">Policeman C</hi> 24). I went to these premises about 2 a.m.—I found the area railing broken, sufficient to allow the prisoner to get through—the area window was broken away, and a gas-pipe was in the area close to where the prisoner was arrested—the prisoner gave an address, 53, Dean Street—I went there.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> I lived in a common lodging house, and not having any money I went there a little after 12 for three or four hours of the night because the police won't let me walk the streets. A policeman came and woke me, and I was taken to the station. Two men were in the passage. How did they get there? They may have watched the man out and broken the window, removed the bracket, and stolen the bank book which was mentioned at Marlborough Street.</p>
<p>
<hi rend="smallCaps">
<rs id="t18811212-105-verdict-1" type="verdictDescription">
<interp inst="t18811212-105-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18811212-105-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18811212-106">
<interp inst="t18811212-106" type="uri" value="sessionsPapers/18811212"/>
<interp inst="t18811212-106" type="date" value="18811212"/>
<join result="criminalCharge" id="t18811212-106-charge-1" targOrder="Y" targets="def1-106-18811212 t18811212-106-offence-1 t18811212-106-verdict-1"/>
<p>106.
<persName id="def1-106-18811212" type="defendantName">
<interp inst="def1-106-18811212" type="gender" value="male"/>
<interp inst="def1-106-18811212" type="age" value="28"/>
<interp inst="def1-106-18811212" type="surname" value="O'CONNOR"/>
<interp inst="def1-106-18811212" type="given" value="PATRICK"/>
<hi rend="largeCaps">PATRICK O'CONNOR</hi> (28)</persName>
<rs id="t18811212-106-offence-1" type="offenceDescription">
<interp inst="t18811212-106-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18811212-106-offence-1" type="offenceSubcategory" value="burglary"/>, Burglariously breaking and enter
<lb/>ing the dwelling house of
<persName id="t18811212-name-95" type="victimName">
<interp inst="t18811212-name-95" type="gender" value="male"/>
<interp inst="t18811212-name-95" type="surname" value="CARDWELL"/>
<interp inst="t18811212-name-95" type="given" value="WILLIAM HENRY"/>
<join result="offenceVictim" targOrder="Y" targets="t18811212-106-offence-1 t18811212-name-95"/>William Henry Cardwell</persName> with intent to steal.</rs> </p>
<p>
<hi rend="smallCaps">MR. SAUNDERS</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-96" type="witnessName">
<interp inst="t18811212-name-96" type="gender" value="male"/>
<interp inst="t18811212-name-96" type="surname" value="CARDWELL"/>
<interp inst="t18811212-name-96" type="given" value="WILLIAM HENRY"/>WILLIAM HENRY CARDWELL</persName> </hi>. I keep the Albany public-house, Duke Street—on 27th November I went to bed about 2 a.m.—I saw the prisoner making his way through the window—I asked him what he was doing there—he said "Pray let me go, I am starving"—I said "How did you get up here?"—he said "By the lamp and the window"—I never saw him before—I do not think anything was touched.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-97" type="witnessName">
<interp inst="t18811212-name-97" type="gender" value="male"/>
<interp inst="t18811212-name-97" type="surname" value="HAMMOND"/>
<interp inst="t18811212-name-97" type="given" value="JAMES DENNIS"/>JAMES DENNIS HAMMOND</persName> </hi> (
<hi rend="italic">Policeman C</hi> 40). I took the prisoner—he said "I was hungry and was starving, and I got in at the window."</p>
<p>
<rs id="t18811212-106-verdict-1" type="verdictDescription">
<interp inst="t18811212-106-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18811212-106-verdict-1" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi>.—</rs>
<rs id="t18811212-106-punishment-17" type="punishmentDescription">
<interp inst="t18811212-106-punishment-17" type="punishmentCategory" value="noPunish"/>
<interp inst="t18811212-106-punishment-17" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-106-18811212 t18811212-106-punishment-17"/>
<hi rend="italic">Judgment respited.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18811212-107">
<interp inst="t18811212-107" type="uri" value="sessionsPapers/18811212"/>
<interp inst="t18811212-107" type="date" value="18811212"/>
<join result="criminalCharge" id="t18811212-107-charge-1" targOrder="Y" targets="def1-107-18811212 t18811212-107-offence-1 t18811212-107-verdict-1"/>
<xptr type="pageFacsimile" doc="188112120013"/>
<p>107.
<persName id="def1-107-18811212" type="defendantName">
<interp inst="def1-107-18811212" type="gender" value="male"/>
<interp inst="def1-107-18811212" type="age" value="35"/>
<interp inst="def1-107-18811212" type="surname" value="LILL"/>
<interp inst="def1-107-18811212" type="given" value="ENOCH"/>
<hi rend="largeCaps">ENOCH LILL</hi> (35)</persName>
<rs id="t18811212-107-offence-1" type="offenceDescription">
<interp inst="t18811212-107-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18811212-107-offence-1" type="offenceSubcategory" value="forgery"/>, Forging and uttering an endorsement to an order for the payment of 5
<hi rend="italic">s</hi>. with intent to defraud.</rs> </p>
<p>
<hi rend="smallCaps">MR. AUSTIN METCALFE</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-99" type="witnessName">
<interp inst="t18811212-name-99" type="gender" value="male"/>
<interp inst="t18811212-name-99" type="surname" value="LEE"/>
<interp inst="t18811212-name-99" type="given" value="THOMAS WILLIAM RAWLINGS"/>THOMAS WILLIAM RAWLINGS LEE</persName> </hi>. I live at 6, The Grove, Hammer
<lb/>smith—I am the proprietor of the
<hi rend="italic">Kensington and Hammersmith Reporter</hi>—I employed the prisoner as reporter from 30th May till about the middle of July, at 30
<hi rend="italic">s</hi>. a week—he gave me a reference, Mr. King, of Richmond—a few days afterwards I saw him (
<hi rend="italic">King</hi>)—he made a statement—I told Lill he must not receive money on my account—he said "Yes, I was going to say I would not have anything to do with money matters"—Mr. Mugford owed me 5
<hi rend="italic">s</hi>. for an advertisement—this is the prisoner's receipt on the bill and this is the cheque (
<hi rend="italic">produced</hi>)—the signature, "
<hi rend="largeCaps">T. W. R</hi>. Lee," is not my writing—I have had many oppor
<lb/>tunities of seeing the prisoner write—I believe my signature is the prisoner's writing.</p>
<p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> I was satisfied with your testimonials till I made inquiries—I do not recollect saving that my previous reporter handled my money too freely—I might have said it—I did not say to you I wanted a change—I said you could do your work well if you liked—the bill and the cheque were brought to my house together—I heard the detective's evidence as to your writing—I should not suppose the signatures to the cheque and bill are written by the same person—I have no proof that the signature to the cheque was written by you, that you uttered it, or benefited by it—I did not owe you 15
<hi rend="italic">s</hi>. when I discharged you—you left on the Wednesday or Thursday—I sent you somewhere on the following Monday—you did not work for me on the following Tues
<lb/>day or Wednesday—I discharged you for being late at a vestry meeting—you went at 10 o'clock, when it was over—I wrote a note to you, and I received this letter from you. (
<hi rend="italic">Stating that he was late at a meeting at he could not find the place, but had obtained a report from another reporter, and should be happy to remain in Mr. Lee's service till Saturday.</hi>) I wrote you again—I received no letter from you claiming 15
<hi rend="italic">s</hi>.—your table and papers in the office were accessible to the three printers employed.</p>
<p>
<hi rend="italic">Re-examined.</hi> The prisoner never gave me the cheque.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-100" type="witnessName">
<interp inst="t18811212-name-100" type="gender" value="male"/>
<interp inst="t18811212-name-100" type="surname" value="MUGFORD"/>
<interp inst="t18811212-name-100" type="given" value="HERNE"/>HERNE MUGFORD</persName> </hi>. I am a surveyor, of 36, Anson Road, Fulham—I am secretary to the Association for Clearing the Fulham Small-pox Hos
<lb/>pital—in June last I owed Mr. Lee 5
<hi rend="italic">s</hi>. for an advertisement on behalf of the association—on 15th June I saw the prisoner—I asked him if he was employed by Mr. Lee, and if he was empowered to receive money on behalf of his employer—he said "Yes"—I said "If you will receipt this I will give it to you"—I showed him the account and handed him this give it to you cheque for 5
<hi rend="italic">s</hi>.—some time afterwards Mr. Lee applied for the payment, and I said I had already paid it, and got the cheque from the bank.</p>
<p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> I asked you if you were empowered to to take money, because, as a rule, reporters are not allowed to take it—I did not say "Is Mr. Lee about?" because I was accustomed to meet him at the Board of Works—I said I had carried the cheque in my pocket for three weeks—you receipted the bill, and nothing further passed—I may have given you a report, I have been in the habit of doing so—I do not remember telling you that Tattersall's Hospital Committee had given me the account.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-101" type="witnessName">
<interp inst="t18811212-name-101" type="gender" value="male"/>
<interp inst="t18811212-name-101" type="surname" value="WINZSAR"/>
<interp inst="t18811212-name-101" type="given" value="JOHN"/>JOHN WINZSAR</persName> </hi> (
<hi rend="italic">Detective Officer T</hi>). On the 28th October I found the</p>
<xptr type="pageFacsimile" doc="188112120014"/>
<p>prisoner at Nottingham—I said "Good evening, Mr. Lill; I understand you deny your identity; is your name F. E. Hill?"—he said "No; Enoch Lill is my name"—I asked him for his address at Nottingham, which he wrote on a piece of paper—I then said to him "Where did you previously live?"—he said "In Devonport Road, Shepherd's Bush"—I said "While there you worked for Mr. Lee on the
<hi rend="italic">Kensington and Hammersmith Reporter</hi>"—he said "No, I did not work for him, I reported for him"—I said "As you are already aware, I am an officer from Lon
<lb/>don; I am satisfied as to your identity; I charge you with forging a receipt for 5
<hi rend="italic">s</hi>., also with forging a cheque payable to Mr. Lee, received for him at the same time"—he said "All right; the money I received, but as for the cheque, I know nothing about it"—on the way to London he said "I was writing a descriptive account at the Bell and Anchor public-house; I lost my papers; I have not seen the cheque till you showed it to me"—the charge was read to him at the station, and he said "I will explain this if you will allow me."</p>
<p>
<hi rend="italic">Cross-examined.</hi> I have not learnt all that—I ascertained you were chief reader to the
<hi rend="italic">Nottingham Guardian</hi>—you held a respectable position in the town.</p>
<p>
<hi rend="italic">The Prisoner's Statement before the Magistrate.</hi> "I solemnly deny having committed the forgery. I reserve my defence, as I believe I shall have evidence at the trial which will overset all the evidence you have heard."</p>
<p>
<hi rend="italic">The Prisoner in his defence said that his table in the office was exposed to the printers, that he had not seen the cheque after losing it till it was shown him at Nottingham, that he had forgotten on whose account he had received it, and asked Mr. Mugford, who said that it was from Tattersall's Hospital Committee, and that he may have lost it when he wrote his report of the Botoling Green, the same day he left the vestry meeting. He received a good character.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18811212-107-verdict-1" type="verdictDescription">
<interp inst="t18811212-107-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18811212-107-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18811212-108">
<interp inst="t18811212-108" type="uri" value="sessionsPapers/18811212"/>
<interp inst="t18811212-108" type="date" value="18811212"/>
<join result="criminalCharge" id="t18811212-108-charge-1" targOrder="Y" targets="def1-108-18811212 t18811212-108-offence-1 t18811212-108-verdict-1"/>
<p>108.
<persName id="def1-108-18811212" type="defendantName">
<interp inst="def1-108-18811212" type="gender" value="male"/>
<interp inst="def1-108-18811212" type="age" value="48"/>
<interp inst="def1-108-18811212" type="surname" value="CARTWRIGHT"/>
<interp inst="def1-108-18811212" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN CARTWRIGHT</hi> (48)</persName>
<rs id="t18811212-108-offence-1" type="offenceDescription">
<interp inst="t18811212-108-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18811212-108-offence-1" type="offenceSubcategory" value="embezzlement"/>, Embezzling 12
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>. and two other sums, received by him for and on account of a copartnership between himself and one
<persName id="t18811212-name-103" type="victimName">
<interp inst="t18811212-name-103" type="gender" value="male"/>
<interp inst="t18811212-name-103" type="surname" value="HARRIS"/>
<interp inst="t18811212-name-103" type="given" value="WALTER"/>
<join result="offenceVictim" targOrder="Y" targets="t18811212-108-offence-1 t18811212-name-103"/>Walter Harris</persName>.</rs> </p>
<p>
<hi rend="smallCaps">MR. WILDEY WRIGHT</hi>
<hi rend="italic">Prosecuted</hi>;
<hi rend="smallCaps">MR. KEITH FRITH</hi>
<hi rend="italic">Defended.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-104" type="witnessName">
<interp inst="t18811212-name-104" type="gender" value="male"/>
<interp inst="t18811212-name-104" type="surname" value="HARRIS"/>
<interp inst="t18811212-name-104" type="given" value="WALTER"/>WALTER HARRIS</persName> </hi>. I am the prosecutor—on 4th April I entered into a co-partnership with the prisoner as law stationers at 35, Basinghall Street—about 6th August I received two allowance tickets for unused stamps—I handed them to the prisoner to get them cashed—he told me he had taken them to Messrs. Drew, Wood, and Sons, law stationers, of Basinghall Street—about a fortnight afterwards I asked him for the money—he said he had not received it yet—I repeated the question about 20 different times—he said Mr. Wood had gone out of town, and would sign a cheque when he came back—his duty on receiving money was to enter it in the cash-book—I went to Drew and Son's about the end of October, and saw the manager, and had a conversation with him about these stamps—I afterwards told the prisoner that Mr. Smith had told me he had paid him the money months ago—he then said he had spent it, but he would work hard and pay it back—he also offered me a bill of sale on his furniture, not exceeding 50
<hi rend="italic">l</hi>., to cover my loss—pre
<lb/>vious to 9th July I kept the books—the prisoner requested we should make up our accounts—I made out an account which showed a balance of 8
<hi rend="italic">l</hi>.; the prisoner said I ought to have more, and showed me a difference</p>
<xptr type="pageFacsimile" doc="188112120015"/>
<p>of 14
<hi rend="italic">l</hi>.—I said, "I will pay you this difference on condition you keep them the way you want me to keep them"—he kept the books from that time—previous to that the books were kept at 35, Basinghall Street—I saw them up to 4th November—this is the cash-book (
<hi rend="italic">produced</hi>) in which the prisoner should have entered all sums received by him—on 12th August I see no entry of 12
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>.—he has never accounted to me for it—on 10th September he has entered 10
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., and on 17th 7
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>.—he has not accounted for the difference between 10
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. and 12
<hi rend="italic">s</hi>. 5
<hi rend="italic">d</hi>., nor 7
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>. and 10
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.—I had a conversation with him about the end of October.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I was not three weeks trying to obtain a pecuniary settlement, but about a week—the prisoner was paid at the end of the week—he had no customers of his own, they were the firm's customers—I had not previously to this partnership been a law stationer; the prisoner had been for yean—I never recognised private customers—it is true that four months after the agreement between us the prisoner said to me, "There must be something wrong, as we are making a profit of 25
<hi rend="italic">s</hi>. a week, and we do not show that profit"—I did not tell him we had 8
<hi rend="italic">l</hi>. in hand—he said that I had it—he was wrong, and I can prove it—we did not go through the accounts together; I made out my account—I said before the Magistrate, "We went through the accounts"—he made out an account of what he said I received—each of us signed it, and I signed this duplicate (
<hi rend="italic">produced</hi>)—he said the writers' seat rents were not shown—I said he had made a mistake—I was employed by Messrs. Herbert and Kingston, solicitors, but used to go to this office in a morning, I also worked there in my dinner hour, and after 6 p.m.—I advanced money to the prisoner personally, and for the purposes of the business—he has not told me that the books would show a balance in his favour, or suggested that they should be gone through, and whichever owed money should pay it—I have seen him make out memorandums and statements—he received what was shown to be due to him—I know there would be a balance in my favour—I could never get the prisoner to make up the accounts—I removed the furniture because the prisoner was behind hand in his rent, and I had to pay the landlord 2
<hi rend="italic">l</hi>. 1
<hi rend="italic">s</hi>. and did not want to incut more rent—I have not started in business as Harris and Co.—I have not said the prosecution was to see if he would pay—I carry on no business now—my brother is finding the money for this prosecution—I have no money.</p>
<p>
<hi rend="italic">Re-examined.</hi> I have not taken any money from the firm without accounting for it—the prisoner offered me 10
<hi rend="italic">l</hi>., but I said I would not have it, but would go on with the prosecution—the sums I received appeared in the books to which the prisoner had access; also the seat rents.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-105" type="witnessName">
<interp inst="t18811212-name-105" type="gender" value="male"/>
<interp inst="t18811212-name-105" type="surname" value="SMITH"/>
<interp inst="t18811212-name-105" type="given" value="FREDERICK JAMES"/>FREDERICK JAMES SMITH</persName> </hi>. I am manager to Messrs. Drew, Wood, and Son, law stationers, of Basinghall Street—on 6th August I received two stamps—on 12th August I gave the prisoner a cheque for 12
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>. for our firm—he endorsed it and it was paid over the counter—this (
<hi rend="italic">produced</hi>) is a list of sums I have paid the prisoner for our firm—it is in my writing—on 10th September I paid him 12
<hi rend="italic">s</hi>. 5
<hi rend="italic">d</hi>., not 10
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., and on 17th 10
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>., not 7
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>.—I have handed the receipts for those sums to the prosecutor.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I do not know of any commissions being given to a boy for bringing the stamps.</p>
<xptr type="pageFacsimile" doc="188112120016"/>
<p>
<hi rend="italic">Re-examined.</hi> The receipts (
<hi rend="italic">produced</hi>) are in the name of Cartwright and Harris—I did not receive them till this charge was made.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-106" type="witnessName">
<interp inst="t18811212-name-106" type="gender" value="male"/>
<interp inst="t18811212-name-106" type="surname" value="ESAU"/>
<interp inst="t18811212-name-106" type="given" value="ERNEST"/>ERNEST ESAU</persName> </hi>. On Friday evening, 3rd November, I heard that Cart
<lb/>wright admitted taking certain sums, and offered Mr. Harris a bill of sale on his furniture to the amount of 50
<hi rend="italic">l</hi>.—he also said that he would pay him back—Mr. Harris asked him how, and he said by hard work.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I do not recollect what I was doing the previous Friday, or the Friday afterwards—Harris also said "I consider you no longer a partner with me, because of the way you have acted"—I have had about three conversations with Harris in the prisoner's presence—I heard the prisoner say he should bring the day-book and papers when he thought proper; also that he should make out a statement of accounts when he thought proper, but not that whoever the balance was against should pay—the prisoner said the bill of sale would secure Harris.</p>
<p>
<hi rend="smallCaps">
<rs id="t18811212-108-verdict-1" type="verdictDescription">
<interp inst="t18811212-108-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18811212-108-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18811212-108-punishment-18" type="punishmentDescription">
<interp inst="t18811212-108-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t18811212-108-punishment-18" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-108-18811212 t18811212-108-punishment-18"/>Twelve Months' Hard Labour.</rs> </hi> </p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday, December</hi> 14, 1881.</p>
<p>
<hi rend="italic">Before Mr. Justice Mathew.</hi> </p>
<div1 type="trialAccount" id="t18811212-109">
<interp inst="t18811212-109" type="uri" value="sessionsPapers/18811212"/>
<interp inst="t18811212-109" type="date" value="18811212"/>
<join result="criminalCharge" id="t18811212-109-charge-1" targOrder="Y" targets="def1-109-18811212 t18811212-109-offence-1 t18811212-109-verdict-1"/>
<p>109.
<persName id="def1-109-18811212" type="defendantName">
<interp inst="def1-109-18811212" type="gender" value="male"/>
<interp inst="def1-109-18811212" type="age" value="50"/>
<interp inst="def1-109-18811212" type="surname" value="MURPHY"/>
<interp inst="def1-109-18811212" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN MURPHY</hi> (50)</persName> was indicted
<rs id="t18811212-109-offence-1" type="offenceDescription">
<interp inst="t18811212-109-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18811212-109-offence-1" type="offenceSubcategory" value="manslaughter"/> for, and charged on the Coroner's Inquisition with, the manslaughter of
<persName id="t18811212-name-108" type="victimName">
<interp inst="t18811212-name-108" type="gender" value="male"/>
<interp inst="t18811212-name-108" type="surname" value="ALEXANDER"/>
<interp inst="t18811212-name-108" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t18811212-109-offence-1 t18811212-name-108"/>James Alexander</persName>.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. POLAND</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MONTAGU WILLIAMS</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-109" type="witnessName">
<interp inst="t18811212-name-109" type="gender" value="male"/>
<interp inst="t18811212-name-109" type="surname" value="GRANGE"/>
<interp inst="t18811212-name-109" type="given" value="HENRY"/>HENRY GRANGE</persName> </hi>. I live at 17, Paradise Street, Marylebone, and am a House-painter—between 9 and 10 o'clock on Saturday night, 15th Oct., I was standing at the corner of High Street and Paradise Street—I saw the prisoner and deceased James Alexander turn the corner of High Street into Paradise Street; they seemed to be wrangling—Murphy put up his hands in a fighting attitude—Alexander said "You don't mean that, do you?" and before he got the words out of his mouth Murphy struck him in the face with his fist, and he went right flat back on his head, a dead fall, in the middle of the road, and I saw blood flowing from the wound—the witness Robson came across the road and said "You ought to be given in charge for knocking the man down in that cowardly manner"—the prisoner said "If you ain't off I'll serve you the same"—two policemen then came up, and Alexander was taken away—the prisoner went away—I did not know him before—I had known Alexander 30 years; he lived in the neighbourhood—they had both been drinking a little, but not out of the way, they were capable of knowing what they were doing—they were not intoxicated.</p>
<p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> I did not see the deceased come out of the public-house—I will swear that he never rose his hand to you—he did not say "Come on, now"—there were very few people about—the deceased fell off the kerb in the middle of the road from the blow.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-110" type="witnessName">
<interp inst="t18811212-name-110" type="gender" value="male"/>
<interp inst="t18811212-name-110" type="surname" value="ROBSON"/>
<interp inst="t18811212-name-110" type="given" value="HENRY JOSEPH"/>HENRY JOSEPH ROBSON</persName> </hi>. I am a marine store dealer in Paradise Street, Marylebone—on Saturday night, 15th October, about 10 minutes to 10, I saw the prisoner strike the deceased with his fist, and he fell in the road—I heard nothing said—I crossed over and said to the prisoner "You ought to be locked up;" he said "If you don't go away I will serve you the same"—the police then came up—the prisoner had had a little to drink, but was not drunk—there was plenty of light from the lamps and the shops—I knew them both before by sight.</p>
<xptr type="pageFacsimile" doc="188112120017"/>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-111" type="witnessName">
<interp inst="t18811212-name-111" type="gender" value="male"/>
<interp inst="t18811212-name-111" type="surname" value="MORAY"/>
<interp inst="t18811212-name-111" type="given" value="ROBERT"/>ROBERT MORAY</persName> </hi>. I am a coach-maker, and live at 3, New Paradise Street—on Saturday night, 15th October, I was outside the Shepherd and Flock, in High Street, and heard a noise as of something like a gun going off. I saw a few people gathered outside the Queen's Head, in Paradise Street—I went up, and saw the prisoner standing on the kerb, and the deceased lying in the road—I picked him up and took him to Dr. Percy's, in High Street.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-112" type="witnessName">
<interp inst="t18811212-name-112" type="gender" value="male"/>
<interp inst="t18811212-name-112" type="surname" value="GREENWOOD"/>
<interp inst="t18811212-name-112" type="given" value="WILLIAM"/>WILLIAM GREENWOOD</persName> </hi> (
<hi rend="italic">Policeman D</hi> 274). I was on duty in Paradise Street, and saw the prisoner—from what I heard I told him I should detain him till the deceased was brought back—he was brought back by two friends, and I asked if he would come to the station and charge the prisoner—he said no, he would summons him, he knew where he lived—the prisoner said he did not mean to knock the man down, he did not do it out of any ill will—he was under the influence of beer, but was not drunk—the deceased also appeared to be under the influence of beer.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-113" type="witnessName">
<interp inst="t18811212-name-113" type="gender" value="female"/>
<interp inst="t18811212-name-113" type="surname" value="HAWES"/>
<interp inst="t18811212-name-113" type="given" value="ELIZABETH"/>ELIZABETH HAWES</persName> </hi>. I live at 3, Old Paradise Place, with my husband, a coachsmith—I knew the deceased, James Alexander, he had lived in the same house for some time—he went out about half-past 8 o'clock on Saturday night, 15th October, came in a few minutes after 9, and went out again to buy my little boy a cake—in about half an hour he was brought back by two friends—I saw blood coming from his head—I assisted in putting him to bed; he was not sensible—he remained in bed next day—on the Monday the doctor came, who attended him till he died, on Thursday morning—I noticed a small bruise on his left eye when he was brought home; it was not there when he went out.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-114" type="witnessName">
<interp inst="t18811212-name-114" type="gender" value="male"/>
<interp inst="t18811212-name-114" type="surname" value="FYNES"/>
<interp inst="t18811212-name-114" type="given" value="LAURENCE KINGSTON"/>LAURENCE KINGSTON FYNES</persName> </hi>, M.E.R.S., 23, Manchester Street, Mary
<lb/>lebone. On Monday, 17th October, I was sent for to attend the deceased, he was suffering from injury to the brain—he died on Thursday morning—he had a mark over the left eye, such as might be inflicted by a blow from a man's fist—he had an injury at the back of the head, such as might be caused by being knocked down and his head coming in contact with the ground; the skin was broken—I afterwards assisted Dr. Spurgin in making a
<hi rend="italic">post-mortem</hi> examination—there was a fracture of the skull, which caused injury to the brain, and that caused death—there must have been considerable violence—I doubt very much if he would have been killed had he fallen on a macadamised road, but this road was paved with granite cubes—a fall on one of those would be likely to cause the injury.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-115" type="witnessName">
<interp inst="t18811212-name-115" type="gender" value="male"/>
<interp inst="t18811212-name-115" type="surname" value="DALEY"/>
<interp inst="t18811212-name-115" type="given" value="DANIEL"/>DANIEL DALEY</persName> </hi> (
<hi rend="italic">Police Inspector</hi>). I took the prisoner into custody after the inquest—he made a statement, of which I took this note: "On Saturday night, 15th instant, I left my lodging and went up High Street; on passing one of the private doors of the Queen's Head, Alexander came out, put up his fists, and said 'Come on.' He was sparring about, and I put up my hands to guard my face, thinking he was going to strike me, and in the struggle between us he chanced to fall off the kerbstone into the road."</p>
<p>
<hi rend="italic">The prisoner in his defence repeated this statement.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18811212-109-verdict-1" type="verdictDescription">
<interp inst="t18811212-109-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18811212-109-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18811212-110">
<interp inst="t18811212-110" type="uri" value="sessionsPapers/18811212"/>
<interp inst="t18811212-110" type="date" value="18811212"/>
<join result="criminalCharge" id="t18811212-110-charge-1" targOrder="Y" targets="def1-110-18811212 t18811212-110-offence-1 t18811212-110-verdict-1"/>
<p>110.
<persName id="def1-110-18811212" type="defendantName">
<interp inst="def1-110-18811212" type="gender" value="male"/>
<interp inst="def1-110-18811212" type="age" value="21"/>
<interp inst="def1-110-18811212" type="surname" value="NEWMAN"/>
<interp inst="def1-110-18811212" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES NEWMAN</hi> (21)</persName>
<rs id="t18811212-110-offence-1" type="offenceDescription">
<interp inst="t18811212-110-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18811212-110-offence-1" type="offenceSubcategory" value="manslaughter"/> was charged, on the Coroner's Inquisi
<lb/>tion only, with the manslaughter of
<persName id="t18811212-name-117" type="victimName">
<interp inst="t18811212-name-117" type="gender" value="male"/>
<interp inst="t18811212-name-117" type="surname" value="BEEDHAM"/>
<interp inst="t18811212-name-117" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18811212-110-offence-1 t18811212-name-117"/>John Beedham</persName>.</rs> </p>
<p>
<hi rend="smallCaps">MR. GRIFFITHS</hi>,
<hi rend="italic">for the Prosecution, offered no evidence, the Grand Jury having ignored the bill.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18811212-110-verdict-1" type="verdictDescription">
<interp inst="t18811212-110-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18811212-110-verdict-1" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18811212-111">
<interp inst="t18811212-111" type="uri" value="sessionsPapers/18811212"/>
<interp inst="t18811212-111" type="date" value="18811212"/>
<join result="criminalCharge" id="t18811212-111-charge-1" targOrder="Y" targets="def1-111-18811212 t18811212-111-offence-1 t18811212-111-verdict-1"/>
<xptr type="pageFacsimile" doc="188112120018"/>
<p>111.
<persName id="def1-111-18811212" type="defendantName">
<interp inst="def1-111-18811212" type="gender" value="male"/>
<interp inst="def1-111-18811212" type="age" value="39"/>
<interp inst="def1-111-18811212" type="surname" value="HAMMETT"/>
<interp inst="def1-111-18811212" type="given" value="RICHARD"/>
<hi rend="largeCaps">RICHARD HAMMETT</hi> (39)</persName> was indicted
<rs id="t18811212-111-offence-1" type="offenceDescription">
<interp inst="t18811212-111-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18811212-111-offence-1" type="offenceSubcategory" value="murder"/> for, and charged on the Coroner's Inquisition with, the wilful murder of
<persName id="t18811212-name-119" type="victimName">
<interp inst="t18811212-name-119" type="gender" value="male"/>
<interp inst="t18811212-name-119" type="surname" value="HAMMETT"/>
<interp inst="t18811212-name-119" type="given" value="ARTHUR"/>
<join result="offenceVictim" targOrder="Y" targets="t18811212-111-offence-1 t18811212-name-119"/>Arthur Hammett</persName>.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. POLAND</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MONTAGU WILLIAMS</hi>
<hi rend="italic">Prosecuted</hi>;
<hi rend="smallCaps">MR. HORACE AVORY</hi>
<hi rend="italic">defended, at the request of the</hi>
<hi rend="smallCaps">COURT</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-120" type="witnessName">
<interp inst="t18811212-name-120" type="gender" value="male"/>
<interp inst="t18811212-name-120" type="surname" value="HAMMETT"/>
<interp inst="t18811212-name-120" type="given" value="WILLIAM"/>WILLIAM HAMMETT</persName> </hi>. I am 14 years of age—I have been living with my father (the prisoner) and mother at 20, Lancing Street, St. Pancras—I work as a machine boy—my father is a machine minder, and has been employed for 26 years at Mr. Stacey's works—he worked there up to the time that his leg was bad, when he was away from work two or three weeks—he used to be in bed in the back kitchen; the front kitchen was our sitting-room—there is a door between the two—my mother and the two children, Albert and Arthur, slept with my father in the back kitchen—Albert was about three years of age, and Arthur a little under one—on Tuesday morning, 13th September, I was in the front kitchen with Arthur and my little brother Charles; he is about seven or eight—my father was in bed in the back room—Albert was there too—mother went out to fetch a doctor to see father—he was worse that morning—while she was out father called to me "Bill, bring the baby in to me—I took Arthur into his room—he told me to put him on the bed, and I put him on—I did not notice where Albert was at that time; he was not in the front kitchen—father told me to go out and shut the door—I did so, and went into the front kitchen—mother had been out about 20 minutes, when I took the baby in—father called out to me again "Bill, bring the hammer in to me"—I got it, and took it—this is it (
<hi rend="italic">produced</hi>)—he opened the door two or three inches, and took it from me—he could reach it from the bed—lie then shut the door again—a little time after
<lb/>wards mother returned—she went into the back room, and called out "Father's leg has burst!"—I went into the room, and saw a quantity of blood on the bed and on the floor by the side of the bed—I saw the children on the bed—I did not notice what state they were in—I came out of the room; mother screamed out—I saw somebody come and take the baby away to a doctor—I afterwards saw Albert brought into the front room—tne baby was then brought back, and the police and the doctor came—I saw this knife (
<hi rend="italic">produced</hi>) on the Monday night; father was eating his meals with it in the bedroom—I did not see it on the Tuesday morning.</p>
<p>
<hi rend="italic">Cross-examined.</hi> Father's leg had been bad a long while; several weeks—he had been attending to his work with his bad leg for some time—he had been in bed ever since the Friday before the Tuesday before that—he used sometimes to come early on account of his leg; there were sore places on it—in July five of us children had scarlet fever; we were very ill with it, and my little sister died of it; she was our only sister—father was very fond of her; he was very much grieved at her death—I did not notice any difference in him; he used to grieve about her—I used to see him in bed between the Friday and the Tuesday—I did not notice that he seemed worse on the Sunday—I did not talk to him much; he has spoken to me when I went in—I did not notice anything in the wav he spoke to me—on the Tuesday morning he was undressed; only his shirt on—Albert was in bed with him when I first went in, sitting up and having breakfast with him—the baby had been taken out of the room and dressed—father seemed quite friendly and affectionate to him—I did not notice any difference in his manner then—he was always very fond of us all—when</p>
<xptr type="pageFacsimile" doc="188112120019"/>
<p>we were ill he used to sit up with us at night and nurse us—mother said when she went out that she was going for a doctor, and he said "Be quick, come back"—I did not hear him say why she was to be quick, or how he felt—I never heard him say anything unkind about me or the other children.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-121" type="witnessName">
<interp inst="t18811212-name-121" type="gender" value="male"/>
<interp inst="t18811212-name-121" type="surname" value="BAKER"/>
<interp inst="t18811212-name-121" type="given" value="ARTHUR"/>ARTHUR BAKER</persName> </hi> (
<hi rend="italic">Policeman E</hi> 69). On Tuesday morning, 13th Sep
<lb/>tember, about 10.20, I went to 20, Lancing Street—I was the first constable to arrive there—in the front kitchen I saw the body of the little boy Albert lying on the sofa dead—he had an injury to the neck—the baby was not there then; it had been taken to a doctor—he was brought back after
<lb/>wards—I went at once into the backroom—I there saw the prisoner lying on his left side on the bed; the clothes were all of a heap at the foot of the bed—I felt his body; he seemed quite cold—I thought at first that he was dead—I turned him on his back, and then noticed a white pocket-handkerchief tied tightly round his throat; there were two knots, tying it tightly round, and then this knife placed across, and two other knots, so as to tie the knife in, and enable it to twist the handkerchief tight—the blade and also the handle had wet blood on it—I at once undid the handkerchief, and the prisoner then began to breathe freely—he did not speak a word—Dr. Davis came and attended to him, and he was after
<lb/>wards taken to the station—in the meantime the little boy Arthur had been brought back to the front-room and put on the sofa—I saw this hammer, and that and other things were taken possession of by Sergeant Pontin.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I did not speak to the prisoner at all—the knife was twisted once in the handkerchief so as to make it quite tight.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-122" type="witnessName">
<interp inst="t18811212-name-122" type="gender" value="male"/>
<interp inst="t18811212-name-122" type="surname" value="PONTIN"/>
<interp inst="t18811212-name-122" type="given" value="CHARLES"/>CHARLES PONTIN</persName> </hi> (
<hi rend="italic">Police Sergeant Y</hi> 35). On 13th September I went to 20, Lancing Street; I found both the children lying on the sofa in the front kitchen; Albert was fully dressed, and Arthur partially; they were both stabbed in the throat—Dr. Davis came—I saw the prisoner in the back room; his clothing and legs were saturated with blood; he was unconscious—I took him to the station; he seemed to be in a daze, unconscious all the way—Dr. Andrews saw him at the station and ordered him to be taken to University College Hospital—I took possession of the hammer, knife, and other things—on 3rd December I took him into custody on this charge—I told him what he was charged with—before that he said, "I know what you have come for"—he burst into tears at the hospital, but made no further statement.</p>
<p>
<hi rend="italic">Cross-examined.</hi> The inquest had been held on 16th September—he was unconscious all the way to the station—he never spoke at all, nor I to him.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-123" type="witnessName">
<interp inst="t18811212-name-123" type="gender" value="male"/>
<interp inst="t18811212-name-123" type="surname" value="DAVIS"/>
<interp inst="t18811212-name-123" type="given" value="HENRY PARRETT"/>HENRY PARRETT DAVIS</persName> </hi>. I am an M.D. and surgeon, of Euston Square—on Tuesday morning, 13th September, between 10 and 11, a young man brought the boy Arthur to my house; I examined him, and found he had been stabbed in the neck; the larger vessels had been severed, and he must have died almost directly; the body was warm—it was such a stab as might have been inflicted by this knife—I had him carried back, and I went also—I saw the boy Albert lying on a sofa in the front room; he was quite dead, and warm; he had a similar stab in the neck, only more deep; it had penetrated the large vessels, and a large quantity of blood must have occurred at once and caused death—I went into the back room and saw the prisoner—the handkerchief had</p>
<xptr type="pageFacsimile" doc="188112120020"/>
<p>just then been taken off his neck by the officer; I saw a little scratch on his neck; it was a skin wound, a scratch—he was unconscious, possibly from partial strangulation, and also from a blow on the head—there was extravasation and a large swelling on the right temple; it was such an injury as might have been done by giving himself a blow with this hammer; it was a very severe blow indeed—I administered stimulants, and when he had rallied a little I had him taken to the station, so that he might be taken to the hospital—I did not see him afterwards.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I think the blow on the head was as heavy a one as he could have inflicted himself, nature would resist—I could not say whether the stab on the child's neck was a prolonged stab; there was only one mark, but it went apparently quite across the neck, through the large vessels—I did not examine his leg because they said it was of long standing; it was bound up; I did not disturb the bandages.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-124" type="witnessName">
<interp inst="t18811212-name-124" type="gender" value="male"/>
<interp inst="t18811212-name-124" type="surname" value="ANDREWS"/>
<interp inst="t18811212-name-124" type="given" value="HENRY CHARLES"/>HENRY CHARLES ANDREWS</persName> </hi>, M.D. I live at Oakley Square, and am divisional surgeon to the police—on 13th September I saw the two children—I have heard Dr. Davis's evidence, and agree with him—I afterwards saw the prisoner at University College Hospital about mid
<lb/>day; he was partly conscious, in a comatose state, almost insensible, resulting from two causes, from erysipelas probably, poisoning of the blood, and a very severe blow on the forehead, near the temple, on the right side—the erysipelas would undoubtedly affect the brain by poison
<lb/>ing the blood, and cause delirium—while in that state the person would only be partly conscious, and not responsible for his actions, I think; not conscious of what he was doing, nor capable of arranging his affairs—I saw him twice at the hospital; I visited him some time after—Dr. Bond, the medical officer, was present.</p>
<p>
<hi rend="italic">Cross-examined.</hi> The first day I visited him very shortly after the occur
<lb/>rence, and I saw him again some weeks afterwards; he was then recovering—on the first occasion he would make no statement; he muttered—the comatose condition was not attributable solely to the blow on the head; his condition was more comatose than I should expect from that alone; two causes would combine—no doubt the erysipelas contributed to a very great extent—it would, no doubt, be caused by the passage of the poisoned blood through the brain—there might be intermissions—I was told afterwards at the hospital that he had delirium intermittently.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-125" type="witnessName">
<interp inst="t18811212-name-125" type="gender" value="male"/>
<interp inst="t18811212-name-125" type="surname" value="BOND"/>
<interp inst="t18811212-name-125" type="given" value="JAMES WILLIAM"/>JAMES WILLIAM BOND</persName> </hi>. I am resident medical officer at University College Hospital—on Tuesday, 13th September, the prisoner was brought there—when put to bed he remained quite still, his eyes being open and staring fixedly in front of him—his cheeks were a little flushed, his mouth partly open—I noticed the bruise on the temple—the limbs were rather cold—I attributed those appearances partly to the blow on the head and partly to the erysipelas—I examined both legs—there were three or four ulcers on the right leg, and the erysipelas was there—he was in a very bad state physically—I noticed a scratch on the neck, and marks of blood about his hands and clothes—I had him removed to the erysipelas ward—I found no trace of the strangulation—I spoke to him before he was removed to the erysipelas ward, but he was not suf
<lb/>ficiently conscious to answer then—about 4 o'clock he did answer me, and I made this note at the time of what he said: "This morning my wife went out to fetch me some medicine from a dispensary; I remember this, and also that about 9 o'clock I was in bed with two of my children;</p>
<xptr type="pageFacsimile" doc="188112120021"/>
<p>after this I remember nothing. At that time he answered rationally, but not as a healthy person would have done—he was stupid, and answered very slowly—about 9.30 next morning I asked him some more questions, and he said "Last Friday, Saturday, and Sunday I was shivering, and retched on the Sunday, but did not vomit, having no food in me, by reason of my bad appetite; I had shooting pains up along the inside of my right thigh since the Friday, and on Friday the feet became very red and blue. From Friday to yesterday (Tuesday) I had only a little gruel, some tea, one egg on the Sunday morning, and a bit of bread; no meat, fish, or broth. On Tuesday I sent my wife for a doctor at 9 o'clock, and then felt my head throbbing round and round." He was in the hospital in a dangerous condition till the 19th—the danger arose from the erysipelas, and from the effects of it; he had in
<lb/>flammation of both lungs and abscesses in the right foot, the right leg, and the right thigh—he was not conscious when he first came in, and next day he was delirious—he was nearly constantly delirious until the 19th, but less so in the morning than the afternoon, and not as a rule—he refused food at first, the day after his admission—the delirious con
<lb/>dition was the result of the erysipelas, which caused blood-poisoning—he was violent—he hurt one of the nurses a day or two after admission, and afterwards, I believe, he struck a policeman—in doing injury to himself or others he might be conscious at the time, but could not control him
<lb/>self, and would not know the consequences of his action—he might know that he was taking the life of the child, but would not be able to control himself—I think in some cases a delirious person may know what he is doing—after he got better he was a quiet, well-behaved man.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I have no doubt that the excitement was caused by the erysipelas—he was also very feverish, which would increase the delirium—I have no doubt that he knew that he struck the policeman, but I don't think he knew it was wrong—I believe his statement to be true that he remembered nothing of what had occurred.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-126" type="witnessName">
<interp inst="t18811212-name-126" type="gender" value="male"/>
<interp inst="t18811212-name-126" type="surname" value="PEPPER"/>
<interp inst="t18811212-name-126" type="given" value="AUGUSTUS JOSEPH"/>AUGUSTUS JOSEPH PEPPER</persName> </hi>. I am a B.M. of London and F.B.C.S. of 122, Gower Street—by direction of the Coroner I made a
<hi rend="italic">post-mortem</hi> examination of the two children—they both died from the wounds in the throat—this knife would produce them—there must have been great violence—the knife had passed completely through the neck in one case, and nearly so in the other—I have heard Dr. Bond's description of the prisoner; in my judgment the delirium was the result of the erysipelas—I do not think that a man so suffering would be conscious in doing these acts that he was doing wrong—I don t think he would know the difference between right and wrong.</p>
<p>
<hi rend="italic">Cross-examined.</hi> In all probability there was original weakness of brain power—mental suffering and anxiety would predispose the brain to delirium, added to the low condition of body from the ulcers in the leg.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-127" type="witnessName">
<interp inst="t18811212-name-127" type="gender" value="male"/>
<interp inst="t18811212-name-127" type="surname" value="APPLEFORD"/>
<interp inst="t18811212-name-127" type="given" value="JOSEPH"/>JOSEPH APPLEFORD</persName> </hi> (
<hi rend="italic">Police Inspector</hi>). On 3rd December I was present at the station when the prisoner was charged—he said "Why would I hurt them? I sat up with them night and day when they were ill."</p>
<p>
<rs id="t18811212-111-verdict-1" type="verdictDescription">
<interp inst="t18811212-111-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18811212-111-verdict-1" type="verdictSubcategory" value="nonComposMentis"/>
<hi rend="smallCaps">NOT GUILTY</hi>
<hi rend="italic">on the ground of insanity.</hi> </rs>
<hi rend="italic">
<rs id="t18811212-111-punishment-19" type="punishmentDescription">
<interp inst="t18811212-111-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t18811212-111-punishment-19" type="punishmentSubcategory" value="insanity"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-111-18811212 t18811212-111-punishment-19"/>Ordered to be detained until Her Majesty's pleasure be known</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18811212-112">
<interp inst="t18811212-112" type="uri" value="sessionsPapers/18811212"/>
<interp inst="t18811212-112" type="date" value="18811212"/>
<join result="criminalCharge" id="t18811212-112-charge-1" targOrder="Y" targets="def1-112-18811212 t18811212-112-offence-1 t18811212-112-verdict-1"/>
<join result="criminalCharge" id="t18811212-112-charge-2" targOrder="Y" targets="def2-112-18811212 t18811212-112-offence-1 t18811212-112-verdict-1"/>
<join result="criminalCharge" id="t18811212-112-charge-3" targOrder="Y" targets="def1-112-18811212 t18811212-112-offence-2 t18811212-112-verdict-2"/>
<join result="criminalCharge" id="t18811212-112-charge-4" targOrder="Y" targets="def2-112-18811212 t18811212-112-offence-2 t18811212-112-verdict-2"/>
<xptr type="pageFacsimile" doc="188112120022"/>
<p>112.
<persName id="def1-112-18811212" type="defendantName">
<interp inst="def1-112-18811212" type="gender" value="male"/>
<interp inst="def1-112-18811212" type="age" value="42"/>
<interp inst="def1-112-18811212" type="surname" value="MERRIFIELD"/>
<interp inst="def1-112-18811212" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN MERRIFIELD</hi> (42)</persName> and
<persName id="def2-112-18811212" type="defendantName">
<interp inst="def2-112-18811212" type="gender" value="female"/>
<interp inst="def2-112-18811212" type="age" value="45"/>
<interp inst="def2-112-18811212" type="surname" value="MERRIFIELD"/>
<interp inst="def2-112-18811212" type="given" value="CHARLOTTE"/>
<hi rend="largeCaps">CHARLOTTE MERRIFIELD</hi> (45)</persName> were indicted for
<rs id="t18811212-112-offence-1" type="offenceDescription">
<interp inst="t18811212-112-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18811212-112-offence-1" type="offenceSubcategory" value="manslaughter"/>the manslaughter of
<persName id="t18811212-name-130" type="victimName">
<interp inst="t18811212-name-130" type="gender" value="female"/>
<interp inst="t18811212-name-130" type="surname" value="OSBORNE"/>
<interp inst="t18811212-name-130" type="given" value="ANNIE"/>
<join result="offenceVictim" targOrder="Y" targets="t18811212-112-offence-1 t18811212-name-130"/>Annie Osborne</persName>.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. KEITH FRITH</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">BRANSTONE HICKS</hi>
<hi rend="italic">Prosecuted</hi>;
<hi rend="smallCaps">MESSRS. KISCH</hi> </p>
<p>
<hi rend="italic">and</hi>
<hi rend="smallCaps">WILLES</hi>
<hi rend="italic">defended Charlotte Merrifield.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-131" type="witnessName">
<interp inst="t18811212-name-131" type="gender" value="male"/>
<interp inst="t18811212-name-131" type="surname" value="GARDINER"/>
<interp inst="t18811212-name-131" type="given" value="NOAH"/>NOAH GARDINER</persName> </hi>. I am a bricklayer, of 20, George Street, Notting Hill—the deceased lived with me for about seven or eight years—I had known her about 22 years—she was 44 or 45 years of age—on 17th October I was outside the Prince of Wales public-house at Kensal New Town, about 3 or 4 o'clock in the afternoon—in consequence of what I heard I went inside the house—I saw Mrs. Smith, the landlady, holding the taproom door—she said "I am glad you have come in, if you had not Mrs. Osborne would have been killed on the spot"—the female prisoner was in the bar at the time, and near enough to hear what was said—I then went outside to take the deceased home—she seemed quite deranged—I took her home—she gradually got worse—I went for Dr. Berry about the third or fourth day, and from what he said she was taken to the infirmary—she died on 5th November—she had been a very healthy woman all the time I knew her, and sober; not a total abstainer, but a regular living woman—I know the prisoners, and lived next door to them nearly seven years—there had been a quarrel going on between Mrs. Osborne and the prisoners between two or three years—it com
<lb/>menced by suspecting Mrs. Merrifield of dishonesty.</p>
<p>
<hi rend="italic">Cross-examined by Charlotte Merrifield.</hi> I did not strike you—you came to strike the deceased and I prevented you—I did not knock you down.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-132" type="witnessName">
<interp inst="t18811212-name-132" type="gender" value="female"/>
<interp inst="t18811212-name-132" type="surname" value="LONDON"/>
<interp inst="t18811212-name-132" type="given" value="BRIDGET"/>BRIDGET LONDON</persName> </hi>. I am a widow and live at 4, Murchison Road North, Kensington—on Monday, 17th October, between 2 and 3 o'clock, I was in the Prince of Wales public-house—I saw both the prisoners in front of the bar—Mrs. Merrifield was treating her husband to a drop of something to drink—Mrs. Evans and two or three more were there—Mrs. Osborne was standing by the side of the bar in one corner—I saw her pick up a bundle of wood off the bar, and she called Mrs. Merrifield "a nasty, ugly, jeering, old Guy Fawkes," and then hit her in the face with the wood—Mrs. Merrifield then went to hit at her, but before she could hit her Mrs. Osborne hit her again in the face with the wood—she was blinded with the blood for the moment—I said "My gracious, what a shame to serve your face like that," and I wiped the blood off her face with my apron—the women then both quarrelled again in the bar—they struck each other—I could not say whether there was more than one blow—Mrs. Evans and I parted them, and Mrs. Osborne went into the taproom and sat on the form—Merrifield said to his wife "If you don't pay her I will pay you," and she then went to Mrs. Osborne into the taproom, and they both quarrelled again—I could not see into the taproom—the barmaid called the landlady, and she went and parted them—Mrs. Osborne seemed perfectly sober—Mrs. Merrifield was neither drunk nor sober.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. KISCH</hi>. I did not see the deceased trying to get out of the window—I saw her outside—I cannot tell how she got there—she must have got out of the window, there was no other way of her getting out—she did not get out by the door.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-133" type="witnessName">
<interp inst="t18811212-name-133" type="gender" value="female"/>
<interp inst="t18811212-name-133" type="surname" value="EVANS"/>
<interp inst="t18811212-name-133" type="given" value="ELLEN"/>ELLEN EVANS</persName> </hi>. I am the wife of William Thomas Evans, a gas
<lb/>riveter, 23, Boswell Road, Westbourne Park—on 17th October, between 2 and 3 o'clock in the afternoon, I was at the Prince of Wales public-house—I</p>
<xptr type="pageFacsimile" doc="188112120023"/>
<p>saw Mrs. Osborne there standing at the bar by herself—the prisoners came in one after another—I did not see the slightest provoca
<lb/>tion given until Mrs. Osborne struck the female prisoner and caller her "an ugly, jeering old Guy Fawkes"—I saw her strike her with the wood two or three times—I could not swear to the third time—Mrs. London wiped the blood off Mrs. Merrifield's face, and then they com
<lb/>menced fighting at the end of the bar, near the taproom—I and Mrs. Smith, the landlady, helped to separate their hands from each other's hair—Mrs. Osborne was then shut in the taproom, and Mrs. Smith held the handle of the door—I afterwards saw them outside—Mrs. Merrifield was going to strike at Mrs. Osborne, and Gardiner put his hand to Mrs. Merrifield's bosom and
<hi rend="italic">shoved</hi> her down on her back; and Mrs. Osborne said "Let the b—dray run over her, and kill her"—there was a dray standing there—while they were quarrelling together by the tap-room I heard the male prisoner say to his wife "If you don't pay her I will pay you"—none of us were drunk and none of us were sober.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. KISCH</hi>. I drink neat gin when I drink it at all, but two glasses have no effect on me—we had had a drop of beer together in the morning—Mrs. Osborne was not at all intoxicated—she was not in our company—the landlady told Mrs. Merrifield to leave the house—a shutter fell down while they were in the taproom—I can't say whether it struck Mrs. Osborne's head—she was on the form at the time—I did not notice whether she was in a great rage.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-134" type="witnessName">
<interp inst="t18811212-name-134" type="gender" value="female"/>
<interp inst="t18811212-name-134" type="surname" value="SMITH"/>
<interp inst="t18811212-name-134" type="given" value="ANN"/>ANN SMITH</persName> </hi>. I am a widow and keep the Prince of Wales—on the afternoon of 17th October, from 3 to 4 o'clock, in consequence of what my barmaid said, I went downstairs to the bar, where the deceased and Mrs. Merrifield were quarrelling—I saw Mrs. Merrifield striking the deceased upon the head as she was sitting inside the taproom on the form—Mrs. Merrifield's face was covered with blood—I said "Good gracious, Mrs. Merrifield! what are you doing? I am ashamed of you!"—I pushed her away, closed the taproom door, and held it in my hand, leaving Mrs. Osborne sitting inside the taproom on the form—there were other people there—I did not see any shutter fall down—there were three shutters, which stood upon the form where the deceased was sitting, but they were a short distance from the wall, and if one fell it could not have struck her—I saw Mrs. Merrifield leave the house.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I have known Mrs. Osborne for the last seven years as a constant customer—she was not a person of violent character at all; I should call her a moderate kind of woman, a very decent, hard-working one—I may have seen her a little the worse for liquor, but nothing par
<lb/>ticular; I never refused to serve her—I did not order her out of the house; I told my servant to let her through the taproom window to save any more bother—I could not positively say whether it was with her fist or her hand that Mrs. Merrifield struck her, but I should think it was with the fist—I did not hear the male prisoner say "I will pay you."</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-135" type="witnessName">
<interp inst="t18811212-name-135" type="gender" value="male"/>
<interp inst="t18811212-name-135" type="surname" value="NETHERCLIFT"/>
<interp inst="t18811212-name-135" type="given" value="WILLIAM HENRY"/>WILLIAM HENRY NETHERCLIFT</persName> </hi>. I am medical superintendent of Chelsea Infirmary—Mrs. Osborne was admitted there on 28th October; she was in a very dazed condition; she was put to bed—I imagined she was suffering from concussion of the brain from her symptoms—I had the back of her head shaved, and I then noticed a mottled-pink blush over the whole of the back of her head; I concluded that was from some injury, from what I was told—the surface was high in</p>
<xptr type="pageFacsimile" doc="188112120024"/>
<p>temperature—on 31st she became quite unconscious; on 1st and 2nd November she became semi-conscious, on 3rd she became quite uncon
<lb/>scious again, and died on the 5th in a state of unconsciousness—I made a
<hi rend="italic">post-mortem</hi> examination next day—I found the whole of the brain much congested; there was blood effused under the membranes of the posterior part of the brain, corresponding with the blush on the outside of the head; there was a laceration in the brain structure on the right side of the anterior lobe, about an inch in extent, and within that there was a large clot of blood; all round the clot a bruised appearance was presented—I believe the cause of death was the lacera
<lb/>tion of the brain and general concussion—the arteries were perfectly healthy, and the other organs quite normal—there was no sign of any active disease anywhere—there was no evidence of intemperance in any organ.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I examined the state of the back of the head very closely; I should say the appearances pointed to the injury being some days old, I can't say how many—I could not swear that it had not been caused five days before.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-136" type="witnessName">
<interp inst="t18811212-name-136" type="gender" value="male"/>
<interp inst="t18811212-name-136" type="surname" value="PIKE"/>
<interp inst="t18811212-name-136" type="given" value="ALEXANDER"/>ALEXANDER PIKE</persName> </hi> (
<hi rend="italic">Police Sergeant X</hi>). I apprehended the prisoners; they were together—I addressed the female first, and said the Coroner's Jury had returned a verdict of wilful murder against them, and that I was going to take her into custody for causing the death of Annie Osborne by striking her on the head, and Merrifield with aiding and abetting; she said "I have nothing to say;" he said "I never spoke"—at the station the female turned round to the male prisoner, and said "You never spoke."</p>
<p>
<hi rend="italic">Cross-examined.</hi> The Coroner's Jury found a verdict of wilful murder; the Magistrate committed for manslaughter, and allowed the prisoners out on two sureties of 10
<hi rend="italic">l</hi>. each.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-137" type="witnessName">
<interp inst="t18811212-name-137" type="gender" value="male"/>
<interp inst="t18811212-name-137" type="surname" value="LOW"/>
<interp inst="t18811212-name-137" type="given" value="WILLIAM"/>WILLIAM LOW</persName> </hi> (
<hi rend="italic">Police Sergeant X</hi> 25). I took the prisoners to the station in a cab—on the way the male prisoner said "I never said a word, there wasn't time; it was all done in five minutes. I know who did this for me, that Mrs. London"—the female prisoner said "No, John, you stood like a statue, drinking the rum and water that I called for for you, and were too ill, Dr. Gill had been attending you"—I found upon the male prisoner this written statement, which is the evidence he gave before the Coroner.</p>
<p>
<hi rend="italic">The male prisoner in his statement, and also in his defence, alleged that the deceased was the aggressor, but that he never interfered, and said nothing.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18811212-112-verdict-1" type="verdictDescription">
<interp inst="t18811212-112-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18811212-112-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p>
<p>
<hi rend="italic">They were also charged on the Coroner's Inquisition with
<rs id="t18811212-112-offence-2" type="offenceDescription">
<interp inst="t18811212-112-offence-2" type="offenceCategory" value="kill"/>
<interp inst="t18811212-112-offence-2" type="offenceSubcategory" value="murder"/>the wilful murder of
<persName id="t18811212-name-138" type="victimName">
<interp inst="t18811212-name-138" type="gender" value="female"/>
<interp inst="t18811212-name-138" type="surname" value="OSBORNE"/>
<interp inst="t18811212-name-138" type="given" value="ANNIE"/>
<join result="offenceVictim" targOrder="Y" targets="t18811212-112-offence-2 t18811212-name-138"/>Annie Osborne</persName> </rs>, upon which no evidence was offered.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18811212-112-verdict-2" type="verdictDescription">
<interp inst="t18811212-112-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18811212-112-verdict-2" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>
<hi rend="italic">Wednesday, December</hi> 14
<hi rend="italic">th,</hi> 1881.</p>
<p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t18811212-113">
<interp inst="t18811212-113" type="uri" value="sessionsPapers/18811212"/>
<interp inst="t18811212-113" type="date" value="18811212"/>
<join result="criminalCharge" id="t18811212-113-charge-1" targOrder="Y" targets="def1-113-18811212 t18811212-113-offence-1 t18811212-113-verdict-1"/>
<join result="criminalCharge" id="t18811212-113-charge-2" targOrder="Y" targets="def2-113-18811212 t18811212-113-offence-1 t18811212-113-verdict-1"/>
<p>113.
<persName id="def1-113-18811212" type="defendantName">
<interp inst="def1-113-18811212" type="gender" value="male"/>
<interp inst="def1-113-18811212" type="age" value="49"/>
<interp inst="def1-113-18811212" type="surname" value="DALE"/>
<interp inst="def1-113-18811212" type="given" value="FRANK"/>
<hi rend="largeCaps">FRANK DALE</hi> (49)</persName> and
<persName id="def2-113-18811212" type="defendantName">
<interp inst="def2-113-18811212" type="gender" value="male"/>
<interp inst="def2-113-18811212" type="age" value="36"/>
<interp inst="def2-113-18811212" type="surname" value="BODE"/>
<interp inst="def2-113-18811212" type="given" value="FREDERICK"/>
<hi rend="largeCaps">FREDERICK BODE</hi> (36)</persName>
<rs id="t18811212-113-offence-1" type="offenceDescription">
<interp inst="t18811212-113-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18811212-113-offence-1" type="offenceSubcategory" value="fraud"/>, Unlaw
<lb/>fully obtaining 52
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. by false pretences.
<hi rend="italic">Other counts</hi> for conspiracy to defraud.</rs> </p>
<p>
<hi rend="smallCaps">MR. J. P. GRAIN</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. BOVILL SMITH</hi>
<hi rend="italic">Prosecuted</hi>;
<hi rend="smallCaps">MR. THORNE COLE</hi>
<hi rend="italic">appeared for Dale, and</hi>
<hi rend="smallCaps">MR. PUBCELL</hi>
<hi rend="italic">For Bode.</hi> </p>
<xptr type="pageFacsimile" doc="188112120025"/>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-141" type="witnessName">
<interp inst="t18811212-name-141" type="gender" value="male"/>
<interp inst="t18811212-name-141" type="surname" value="HISCOCK"/>
<interp inst="t18811212-name-141" type="given" value="HENRY"/>HENRY HISCOCK</persName> </hi>. I am cashier to Mr. Whiteley, of Westbourne Grove—on 17th October, about 6 p.m., Dale presented this cheque, and pointed to the name of Foiling, a large customer of ours, on the back—I said "What is his address?" and he either wrote on it "Queen's Wood, Elt
<lb/>ham," or else it was there before—I handed it to Mr. Rudd with certain instructions—it was passed on, and a communication made to the counting-house—it was then handed to Oram—I saw Dale for about three minutes—a few days afterwards my attention was called to the dishonour of the cheque, and I gave a part description of the man who presented it—on 17th November I went to Lawrence Fountney Hill and saw the prisoners come out of a house—I recognised Dale at once.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. COLE</hi>. Mr. Ashburn went with me—I saw a great many persons at the bank—I had never seen Dale before—I believe he wore a black silk hat—I have no recollection of his dress—he had a moustache—I said that he had a military appearance—I did not say that he was very tall—I saw his full face I believe.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-142" type="witnessName">
<interp inst="t18811212-name-142" type="gender" value="male"/>
<interp inst="t18811212-name-142" type="surname" value="ORAM"/>
<interp inst="t18811212-name-142" type="given" value="CHARLES"/>CHARLES ORAM</persName> </hi>. I am one of Mr. Whiteley's cashiers—on the 17th of October, Rudd, another clerk, gave me this cheque with certain directions—I cashed it for the prisoner Dale, and gave him nine 5
<hi rend="italic">l</hi>. notes and 7
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. in gold—I was behind the counter near him while the particulars were being ascertained, and had a good opportunity of seeing him—after the cheque was returned the matter was called to my attention, and I gave a description of him—on 16th November I went with Littlechild to watch at 1, Lawrence Pountney Hill, City, and watched some premises which I had watched one or two days before—I saw Dale go in, and afterwards saw both prisoners come out, each with a parcel—they got into an omnibus, and we got in also—they got out in Oxford Street, and I got out also, but did not follow them—I have no doubt that Dale is the man to whom I gave the money.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. COLE</hi>. I had never seen the person who pre
<lb/>sented the cheque before—I am a clerk in the bank—there are three clerks and the manager—we do a very good business—lots of people come in and out all day—it is fitted up witn a counter and brass railings, and I am behind—I did not notice the person's dress, or whether he had an overcoat, or whether it was light or dark—he had a high hat; a silk hat—I did not hear the evidence of my brother clerk at the police-court—I did not know that he said it was a tall silk hat; to-day is the first time I have heard it—it was a silk hat—I said at the police-court he was not wearing a silk hat, but a kind of "billycock"—I am quite certain of that—there can be no mistake—it was a dark colour, and a felt one—my evidence was read over to me, and I pointed out a "billycock" which was on the desk, and said that it was like that—it was not the sort of hat which the clerks in the bank wear, but we are hatters as well—the "universal provider and banker" sells hats, but I cannot say whether this, was one of them—I went to the "Cock and Bottle" with Littlechild—I described the man as a tall military looking man, middle-aged, with a moustache—I do not remember whether it was a light or dark moustache—I described him as a rather robust person.</p>
<p>
<hi rend="italic">Re-examined.</hi> I cannot say whose hat it was that I pointed out, but it was a high hat; it was higher than the ordinary "billycock," but not a chimney-pot: half way between—the lawyer asked me what sort of a</p>
<xptr type="pageFacsimile" doc="188112120026"/>
<p>hat it was, and I said "Something like that," pointing to one—we hardly ever have people in the bank at 6 o'clock.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-143" type="witnessName">
<interp inst="t18811212-name-143" type="gender" value="male"/>
<interp inst="t18811212-name-143" type="surname" value="BURDGE"/>
<interp inst="t18811212-name-143" type="given" value="THOMAS GEORGE"/>THOMAS GEORGE BURDGE</persName> </hi>. I am manager to Mr. Whiteley in the banking department—Mr. Feiling is a considerable customer of his—this cheque was brought to me on 17th October, and alter inquiring and find
<lb/>ing that Mr. Foiling was one of our best customers, I gave instructions for it to be cashed—I believed it to be his signature.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-144" type="witnessName">
<interp inst="t18811212-name-144" type="gender" value="male"/>
<interp inst="t18811212-name-144" type="surname" value="FEILING"/>
<interp inst="t18811212-name-144" type="given" value="CHARLES HERMANN"/>CHARLES HERMANN FEILING</persName> </hi>. I am a stockbroker, of Queen's Wood, Eltham—this is not my signature on the back of this cheque; I gave no authority for it to be written—I have never seen either of the prisoners before.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-145" type="witnessName">
<interp inst="t18811212-name-145" type="gender" value="male"/>
<interp inst="t18811212-name-145" type="surname" value="MCGRUER"/>
<interp inst="t18811212-name-145" type="given" value="ALEXANDER"/>ALEXANDER MC GRUER</persName> </hi>. I am manager of the Finsbury branch of the London and South-Western Bank—Bode had an account there as F. Matthews and Co., of 64, Basinghall Street—it was opened on 13th De
<lb/>cember, 1880, and in July there was a balance of 6
<hi rend="italic">s</hi>. 11
<hi rend="italic">d</hi>., which sum was drawn out by his trustee in September—that closed the account—we issued these cheques to F. Matthews and Co.—several blank cheques were outstanding belonging to the same bank when the account closed—we have a system of entering blank forms when they are returned, but none of these have been returned—this cheque was presented about 18th October, and returned marked "No account"—I know nothing of Mr. Goodenough, the drawer—this pass-book (
<hi rend="italic">produced</hi>) was made up for the trustee after the account was closed, and while there was only 6
<hi rend="italic">s</hi>. 11
<hi rend="italic">d</hi>. these three cheques were presented signed by Matthews and Co.—they were returned dishonoured—one of them was for 26
<hi rend="italic">l</hi>. 16
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.—they were returned dishonoured—one of them was for 26
<hi rend="italic">l</hi>. 16
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PURCELL</hi>. I have here a book of returned unpaid cheques and bills—the third cheque of 13th September for 51
<hi rend="italic">l</hi>. seems to be a bill—I have no particulars when it was drawn—it was presented to us through the clearing-house by the National Bank, and returned to them—I cannot tell whether it was a bill—it would not be our duty to protest it—this book says that it was an acceptance—the cheque which closed the account was one out of the cheque-book—we purchase blank cheques, which are not used—I am able to say that the cheque which was cashed by Mr. Woodley was not given over the counter—one of the cashiers received it from him—it is not here—I was not present—my in
<lb/>formation is from what he has told me, and the cheque is in our book—the cheque was not purchased over the counter—the cheque for 26
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>. was returned unpaid—the entry was made by a clerk who is not here.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-146" type="witnessName">
<interp inst="t18811212-name-146" type="gender" value="male"/>
<interp inst="t18811212-name-146" type="surname" value="STACEY"/>
<interp inst="t18811212-name-146" type="given" value="HENRY ALFRED"/>HENRY ALFRED STACEY</persName> </hi>. I am a clerk in the Record Office, Bank
<lb/>ruptcy Court—I produce a file of the proceedings in bankruptcy of F. Matthews and Co., of 64, Basinghall Street.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-147" type="witnessName">
<interp inst="t18811212-name-147" type="gender" value="male"/>
<interp inst="t18811212-name-147" type="surname" value="WOODLEY"/>
<interp inst="t18811212-name-147" type="given" value="CHARLES"/>CHARLES WOODLEY</persName> </hi>. I am a chartered accountant, of 1, Basinghall Street—I knew Bode, trading as F. Matthews and Co. at 64, Basinghall Street—he was adjudicated bankrupt on the creditors' petition about 13th August, and I was appointed trustee on 1st September—I went to the premises that day to take possession in the interests of the creditors, I only found a few empty bottles, but nothing belonging to the bank
<lb/>ruptcy—I traced the goods by some straw, to Gurney, Son, and Co., 6, New Basinghall Street, where I found the two prisoners together and some empty bottles and some cases of tools, which I said I should take away as part of the estate of Matthews and Co.—there was also a box of papers and circulars, but no ledgers or journals—I found one book with 20 in
<lb/>voices</p>
<xptr type="pageFacsimile" doc="188112120027"/>
<p>pasted into it—I sold the tools and other things—they fetched 2
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.—no statement of affairs was filed—I think from what Bode has told me that his liabilities are about 2,000
<hi rend="italic">l</hi>.—the 2
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. and the 6
<hi rend="italic">s</hi>. 11
<hi rend="italic">d</hi>. which I drew out was all I realised—I afterwards received from Mr. Botwright this box (
<hi rend="italic">produced</hi>)—it contained a pass-book and some paid cheques also (?)—I cannot say where I obtained the cheque by which I drew out the 6
<hi rend="italic">s</hi>. 11
<hi rend="italic">d</hi>.—on 7th December I examined Bode, and asked him to produce his blank cheque-book—he promised to let me have it the next before—I think Littlechild saw Bode in my office, and they had some conversation at Mr. Verned's office—I went on there with them.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PURCELL</hi>. One of my clerks received this cigar box in my presence, and it was opened within half an hour—it was brought by one of Mr. Verned's clerks—the cheque by which I drew out the 6
<hi rend="italic">s</hi>. 11
<hi rend="italic">d</hi>. might have been a loose cheque in the box—I filled it in and presented it myself—I drew it at the bank—I was under the im
<lb/>pression that there was a large balance there or I should not have gone there—I cannot recollect whether the cheque was given me over the counter.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-148" type="witnessName">
<interp inst="t18811212-name-148" type="gender" value="male"/>
<interp inst="t18811212-name-148" type="surname" value="BOTWRIGHT"/>
<interp inst="t18811212-name-148" type="given" value="RICHARD"/>RICHARD BOTWRIGHT</persName> </hi>. I am managing clerk for Mr. Verned, a solici
<lb/>tor—I acted for Bode in his bankruptcy—he did not hand me a blank cheque-book—a cigar-box was handed to me with papers, and a bankers pass-book in it—that is all the books or papers I received.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PURCELL</hi>. The cigar-box was left at my office—I examined it when I came in—I did not take a note in writing of the contents.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-149" type="witnessName">
<interp inst="t18811212-name-149" type="gender" value="male"/>
<interp inst="t18811212-name-149" type="surname" value="MCGRUER"/>
<interp inst="t18811212-name-149" type="given" value="na"/>A. Mc GRUER</persName> </hi> (
<hi rend="italic">Re-examined</hi>). I believe those cheques to be all in F. Mathews and Co.'s writing, both the bodies and signatures.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PURCELL</hi>. This is the pass-book, and at the bottom of it is a cheque for 26
<hi rend="italic">l</hi>. 6
<hi rend="italic">d</hi>. paid—that is not the cheque which I refer to as being unpaid, that was for 26
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-150" type="witnessName">
<interp inst="t18811212-name-150" type="gender" value="male"/>
<interp inst="t18811212-name-150" type="surname" value="POTTING"/>
<interp inst="t18811212-name-150" type="given" value="RICHARD"/>RICHARD POTTING</persName> </hi>. I am landlord of 6, New Basinghall Street—I know Dale—he came on 1st August and took my first floor as Francis Gurney and Co.—he entered into this agreement (
<hi rend="italic">produced</hi>) on 1st August, 1881, and this is his signature—he left the next month without paying any rent.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. COLE</hi>. I did not appear at the police-court.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-151" type="witnessName">
<interp inst="t18811212-name-151" type="gender" value="male"/>
<interp inst="t18811212-name-151" type="surname" value="WALKER"/>
<interp inst="t18811212-name-151" type="given" value="ROBERT"/>ROBERT WALKER</persName> </hi>. I am the landlord of 1, Laurence Pountney Hill—I know Dale as F.A. Gurney—on 31st August he took some cellars of me and signed this agreement (
<hi rend="italic">produced</hi>) in my presence—he paid me 2
<hi rend="italic">l</hi>. in advance for the half quarter, but I got no more—he referred to
<hi rend="largeCaps">T. B</hi>. Campbell and Co., 17, Old Tower Street—I saw very little business going on, but I was at the front and he at the back.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-152" type="witnessName">
<interp inst="t18811212-name-152" type="gender" value="male"/>
<interp inst="t18811212-name-152" type="surname" value="STRATTON"/>
<interp inst="t18811212-name-152" type="given" value="FRANCIS"/>FRANCIS STRATTON</persName> </hi>. I am clerk to Martin Hall and Co., electro-plate dealers, of 28, Bouverie Street, Fleet Street—I know Bode by sight—on 11th November he called and brought this card, "Gurney, Sons, and Co., wine and spirit merchants, 1, Laurence Pountney Lane, E.C."—he wanted drawings of tea and coffee services, which he had to send out, two sets to a customer abroad—we received this letter next day. (
<hi rend="italic">Selecting from the drawings two tea and coffee services at</hi> 20
<hi rend="italic">l</hi>. 7
<hi rend="italic">s</hi>.
<hi rend="italic">and</hi> 20
<hi rend="italic">l</hi>.—
<hi rend="italic">cast in one month, and giving W. Dare as a reference. Signed, "Gurney, Son, and Co., per C.B."</hi>)—I did not go to Mr. Dare—I packed the goods for shipment</p>
<xptr type="pageFacsimile" doc="188112120028"/>
<p>and sent them, and on 16th November I received this letter. (
<hi rend="italic">Ordering a kettle and stand to match the coffee service, and asking for a duplicate invoice without discount. Signed, per Gurney and Son, C.B.</hi>)—it is not the custom to send duplicate invoices without discount, to go abroad—on 16th or 17th November I went to Laurence Pountney Hill and saw Bode; I asked him if he would let me have a piece of one of the services to make a kettle to match—he said that he could not because they had gone forward—on 18th November I received this letter. (
<hi rend="italic">From Gurney and Sons, request
<lb/>ing to know how long it would take to make a kettle from the drawings.</hi>) we did not execute that order—these are the goods (
<hi rend="italic">produced</hi>).</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PURCELL</hi>. Bode saw me first—I did not under
<lb/>stand that he wanted the goods for himself—I went to the address given and found Bode standing at the cellar door—that was a little after 10 o'clock—I did not want to wait—Bode did not say that he could not tell me anything till Gurney came—I saw a padlock on the place—he gave me the information I asked for—the understanding was cash in a month.</p>
<p>
<hi rend="italic">Re-examined.</hi> The invoice was 30
<hi rend="italic">l</hi>. 7
<hi rend="italic">s</hi>.—we have got no money.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-153" type="witnessName">
<interp inst="t18811212-name-153" type="gender" value="male"/>
<interp inst="t18811212-name-153" type="surname" value="RAPER"/>
<interp inst="t18811212-name-153" type="given" value="JOSEPH"/>JOSEPH RAPER</persName> </hi>. I am a pawnbroker, of 32, Great Queen Street—I know both prisoners—on 16th November they both came and pledged these two plated tea and coffee services—I lent 6
<hi rend="italic">l</hi>. on each, and paid the 12
<hi rend="italic">l</hi>. to Bode—these are the contract notes—I had not transacted any business with Bode for 12 months, but I had seen him there—I believe he showed me some samples of knives on 16th November similar to these produced, but they were only samples.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PURCELL</hi>. I did not know Dale—he did not ask for 15
<hi rend="italic">l</hi>.—I offered 9
<hi rend="italic">l</hi>. or 10
<hi rend="italic">l</hi>.—Bode did not suggest 12
<hi rend="italic">l</hi>., nor did I agree to give it if he took the pledge upon himself—Bode did not introduce Dale—the pledge was in Bode's name.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-154" type="witnessName">
<interp inst="t18811212-name-154" type="gender" value="male"/>
<interp inst="t18811212-name-154" type="surname" value="ADDIMAN"/>
<interp inst="t18811212-name-154" type="given" value="CHARLES WILLIAM"/>CHARLES WILLIAM ADDIMAN</persName> </hi>. I am assistant to John Nowel and Sons, cutlers, of 32, Hatton Garden—on or about 31st October Bode called and gave me a card with "Gurney, Sons, and Co." on it, and asked for patterns of table cutlery—they were shown to him, and he took the prices down in a pocket-book of Nos. 435, 448, and another number, and said that they were for abroad—three days afterwards he came and brought a pattern, and asked why our goods were so expensive, and said that he should want six sets of articles which he named—I afterwards received this letter confirming the order, and stating that they were to be packed in a tin-lined case, and nailed up in the ordinary way—we send goods abroad, and I saw that done—some of the samples are here, No. 448—I sent them by messenger to Suffolk Lane, and an invoice for 32
<hi rend="italic">l</hi>. 11
<hi rend="italic">s</hi>.—we have never been paid.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PURCELL</hi>. This is the first time I have given evidence—Bode was a stranger to us; he presented the card, and said that he represented that firm.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-155" type="witnessName">
<interp inst="t18811212-name-155" type="gender" value="male"/>
<interp inst="t18811212-name-155" type="surname" value="HARRISSON"/>
<interp inst="t18811212-name-155" type="given" value="EDGAR GEORGE"/>EDGAR GEORGE HARRISSON</persName> </hi>. I am secretary of the Kanzra Valley Tea Company, of 3, Robert Court, City—about 30th October Dale called and presented one of these cards (
<hi rend="italic">Gurney, Son, and Co</hi>), and asked if we would sell him some tea—I sold him three chests, value 24
<hi rend="italic">l</hi>., and asked for a reference—he referred to Mr. Cameron, 7, Little Tower Street—I wrote to Mr. Cameron, but got no answer, but I let the tea go—on 8th September we received this letter. (
<hi rend="italic">Ordering five chests of the same tea, or 10</hi> </p>
<xptr type="pageFacsimile" doc="188112120029"/>
<p>
<hi rend="italic">half-chests, signed Gurney, Sons, and Co., per F. B.</hi>)—we sent them—the value was 64
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.—we have never been paid—we received an application for five more chests, which we did not supply.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. COLE</hi>. I was not at the police-court—I do not know who prosecutes this case.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-156" type="witnessName">
<interp inst="t18811212-name-156" type="gender" value="male"/>
<interp inst="t18811212-name-156" type="surname" value="LITTLECHILD"/>
<interp inst="t18811212-name-156" type="given" value="JOHN GEORGE"/>JOHN GEORGE LITTLECHILD</persName> </hi> (
<hi rend="italic">Police Inspector</hi>). I received instructions about 20th October—I did not know Bode then—I went to Matthews and Co., but found the place closed—I then kept observation near Lawrence Pountney Hill, and on 2nd November, about two o'clock, I saw Bode with Mr. Woodley at a public-house at the corner; I told him who I was, and said that a cheque from his book had been uttered at Mr. Whiteley's—he said that he knew nothing about it, his cheque-book was given up to his trustee in bankruptcy—he denied all knowledge of the cheque—I accompanied him to Mr. Verned's, his solicitor; we saw Mr. Bottomley, who said that he knew nothing about the cheque-book—Mr. Woodley was present, and said that he knew nothing about the cheque-book—I said to Bode, "Surely you can give me some idea about that cheque?"—he said that he could not, and I left him—I kept observation on the house, and on 16th November, at five o'clock, the two prisoners came out, each carrying a parcel; they got into an omnibus at the Mansion House, and I got outside—they got out at Oxford Street, and I followed them to Mr. Raper's—when they left I went in and spoke to Mr. Haper, and then went to Scotland Yard and saw Oram, who had been keeping observation with me—on the 18th I received a warrant for Dale's arrest for uttering this cheque, and on that day I went to Lawrence Pountney Hill, and saw the two prisoners together—Bode was writing a letter—I said to Bode, "I think you remember me?" he said "Yes"—I said to Dale, "I think your name is Dale?"—he said "Yes"—I said, "I hold a warrant for your arrest for uttering a cheque for 52
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., with intent to defraud Mr. Whiteley"—he made no reply—I said to Bode, "I shall likewise arrest you, and charge you with being concerned in uttering the cheque"—he said, "What have I to do with it? I know nothing about the affair but what I told you the other day, why did not you arrest me then?"—I said, "I thought you were a respectable man, but finding you in company with this man it is a different thing"—he said, "I merely came here to receive my letters; that gentleman receives my letters"—I asked for the key to lock the place up; Bode took it from his pocket and handed it to me—they were taken to Paddington Police
<lb/>station, where this deposit note was found on Dale, and these knives were taken from Bode's pocket in my presence by Inspector Lansdowne, who is very ill—I went next day to Lawrence Pountney Hill, and under a ladder leading to the cellar I found another pocket-book, which I showed to Bode, who said that it was his—I found in it this other deposit note, marked "Bode, No. 1"—I said, "Here is your pocket-book—he said, "Oh, yes; don't show it; it is only betting transactions"—I took this other pocket-book and papers from Dale—the deposit notes were each in their respective pocket-books—Nowel's invoice for the knives was in Dale's pocket-book—my impression is that this is the letter Bode was writing. (
<hi rend="italic">Signed "C. B.," inquiring about fifty boxes of cigars ordered on the 10th of Messrs. Robinson.</hi>) I searched the premises, and found in a box in the cellar some more knives and forks wrapped in brown paper, and put away with some rubbish—on comparing</p>
<xptr type="pageFacsimile" doc="188112120030"/>
<p>them with the invoices I found that some were missing—I saw part of a tin case which had been cut up—Dale applied at the police-court to have a ring given up, and I saw him write this authority.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. COLE</hi>. That was for my protection; it emanated from me, not from the solicitor for the prosecution—I did not get it for the purpose of getting his writing, I could have got plenty of that if I wished it—I have not subpoenaed Mr. Chabot—I have seen him here—this is not a Treasury prosecution; it is Mr. Whiteley's, I believe—Oram said that the man who uttered the cheque was dressed in dark clothes—I did not tell Bode that the man who cashed the cheque wore a light overcoat—Oram said that he was a middle-aged man, thirty-five years of age or older, preserved, with a military appearance, and shaved clean.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PURCELL</hi>. I told Bode at the police station that probably other charges would be made against him—I did not charge him with obtaining the dinner and tea service by fraud.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-157" type="witnessName">
<interp inst="t18811212-name-157" type="gender" value="male"/>
<interp inst="t18811212-name-157" type="surname" value="CHABOT"/>
<interp inst="t18811212-name-157" type="given" value="CHARLES"/>CHARLES CHABOT</persName> </hi>. I am an expert in handwriting, of long experience—I have compared this, cheque with the letters and the two agree
<lb/>ments—all the body of the cheque, except the date, is in Dale's writing—I have got the document written by Bode, and I say that the "Oct. 17" and the "81" is Bode'e writing.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. COLE</hi>. I was first concerned in this case last Thursday, by Messrs. Harrisson—I don't know who they prosecute for.</p>
<p>
<hi rend="smallCaps">
<rs id="t18811212-113-verdict-1" type="verdictDescription">
<interp inst="t18811212-113-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18811212-113-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.
<hi rend="largeCaps">DALE</hi>
<hi rend="italic">had been previously convicted of a like offence.—
<rs id="t18811212-113-punishment-20" type="punishmentDescription">
<interp inst="t18811212-113-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t18811212-113-punishment-20" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-113-18811212 t18811212-113-punishment-20"/>Five Years' Penal Servitude.</rs> </hi>
<hi rend="largeCaps">BODE</hi>
<hi rend="italic">
<rs id="t18811212-113-punishment-21" type="punishmentDescription">
<interp inst="t18811212-113-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t18811212-113-punishment-21" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-113-18811212 t18811212-113-punishment-21"/>Eighteen Months' Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18811212-114">
<interp inst="t18811212-114" type="uri" value="sessionsPapers/18811212"/>
<interp inst="t18811212-114" type="date" value="18811212"/>
<join result="criminalCharge" id="t18811212-114-charge-1" targOrder="Y" targets="def1-114-18811212 t18811212-114-offence-1 t18811212-114-verdict-1"/>
<p>114.
<persName id="def1-114-18811212" type="defendantName">
<interp inst="def1-114-18811212" type="gender" value="male"/>
<interp inst="def1-114-18811212" type="age" value="28"/>
<interp inst="def1-114-18811212" type="surname" value="BROMLEY"/>
<interp inst="def1-114-18811212" type="given" value="GEORGE FRANCIS"/>
<hi rend="largeCaps">GEORGE FRANCIS BROMLEY</hi> (28)</persName>
<rs id="t18811212-114-offence-1" type="offenceDescription">
<interp inst="t18811212-114-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18811212-114-offence-1" type="offenceSubcategory" value="extortion"/>, Feloniously sending to
<persName id="t18811212-name-159" type="victimName">
<interp inst="t18811212-name-159" type="gender" value="female"/>
<interp inst="t18811212-name-159" type="surname" value="KEMP"/>
<interp inst="t18811212-name-159" type="given" value="CHARLOTTE"/>
<join result="offenceVictim" targOrder="Y" targets="t18811212-114-offence-1 t18811212-name-159"/>Charlotte Kemp</persName> a letter demanding money, with menaces, and without any reasonable or probable cause.</rs>
<hi rend="italic">Upon the opening speech of</hi>
<hi rend="smallCaps">MR. FULTON</hi>,
<hi rend="italic">for the Prosecution,</hi>
<hi rend="smallCaps">SIR HARDINGE GIFFARD</hi>,
<hi rend="italic">for the Prisoner, contended that a threat to take legal proceedings was not such a menace as came within the meaning of the Statute, and did not amount to an offence, the same thing being done by solicitors every day</hi>. (See
<hi rend="italic">Reg.</hi> v.
<hi rend="italic">Allen, Central Criminal Court Sessions Paper, Vol.</hi>
<hi rend="largeCaps">LXXVIII</hi>
<hi rend="italic">, page</hi> 430.)—
<hi rend="smallCaps">MR. FULTON</hi>
<hi rend="italic">submitted that this case was different to Allen's case, as here no money teas due, and therefore this was a case for a Jury to decide.—The</hi>
<hi rend="smallCaps">RECORDER</hi>
<hi rend="italic">considered that the ease did not fall within the meaning of the Statute, the letter being only a threat to enforce a legal remedy.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18811212-114-verdict-1" type="verdictDescription">
<interp inst="t18811212-114-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18811212-114-verdict-1" type="verdictSubcategory" value="fault"/>NOT GUILTY</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18811212-115">
<interp inst="t18811212-115" type="uri" value="sessionsPapers/18811212"/>
<interp inst="t18811212-115" type="date" value="18811212"/>
<join result="criminalCharge" id="t18811212-115-charge-1" targOrder="Y" targets="def1-115-18811212 t18811212-115-offence-1 t18811212-115-verdict-1"/>
<p>115.
<persName id="def1-115-18811212" type="defendantName">
<interp inst="def1-115-18811212" type="gender" value="male"/>
<interp inst="def1-115-18811212" type="surname" value="MCMAHON"/>
<interp inst="def1-115-18811212" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS McMAHON</hi>,</persName>
<rs id="t18811212-115-offence-1" type="offenceDescription">
<interp inst="t18811212-115-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18811212-115-offence-1" type="offenceSubcategory" value="robbery"/>Robbery with violence on
<persName id="t18811212-name-161" type="victimName">
<interp inst="t18811212-name-161" type="gender" value="male"/>
<interp inst="t18811212-name-161" type="surname" value="FITZGERALD"/>
<interp inst="t18811212-name-161" type="given" value="THOMAS SHAW"/>
<join result="offenceVictim" targOrder="Y" targets="t18811212-115-offence-1 t18811212-name-161"/>Thomas Shaw Fitzgerald</persName>, and stealing a chain his property.</rs> </p>
<p>
<hi rend="smallCaps">MR. DOUGLAS</hi>
<hi rend="italic">Prosecuted</hi>;
<hi rend="smallCaps">MESSRS. FRITH</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">LEVY</hi>
<hi rend="italic">Defended.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-162" type="witnessName">
<interp inst="t18811212-name-162" type="gender" value="male"/>
<interp inst="t18811212-name-162" type="surname" value="FITZGERALD"/>
<interp inst="t18811212-name-162" type="given" value="THOMAS"/>THOMAS FITZGERALD</persName> </hi>. I live at Tavistock Chambers, Covent Garden—on Sunday, 16th October, about midnight, I was in Great St. Andrew's Street, and was surrounded by six or seven people and tripped up—I fell on my back, and felt hands all over me and in my pockets—I missed my watch-chain, but not my watch—I got up and shouted "Police!" and they ran away—I cannot identify any of them—it was a dark night.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-163" type="witnessName">
<interp inst="t18811212-name-163" type="gender" value="male"/>
<interp inst="t18811212-name-163" type="surname" value="DODGE"/>
<interp inst="t18811212-name-163" type="given" value="WILLIAM"/>WILLIAM DODGE</persName> </hi> (
<hi rend="italic">Policeman E</hi> 316). On Sunday morning, 6th Octo
<lb/>ber, about 12.30, I was in Great St. Andrew's Street, and saw Mr. Fitz
<lb/>gerald struggling with the prisoner and three others—the prisoner seized him by his right arm, threw out his foot, and tried to trip him up—he shouted "Police!"—I gave chase, and caught one of them—the prisoner escaped, but I followed him some time—he is the man.</p>
<xptr type="pageFacsimile" doc="188112120031"/>
<p>
<hi rend="italic">Cross-examined.</hi> I was 20 yards off when I first saw him, but I was not 10 yards off when they started off—they did not run till he had shouted several times—I saw the prisoner kick him when I got closer—one was on each side of him, one behind him, and one in front—they hemmed him round—the prisoner faced me, and the others had their backs to me—I was in uniform—it was rather a light night—the prisoner had on much the same sort of coat as he has now—I cannot say whether he had that necktie—I gave evidence here a Session or two ago against John
<lb/>son, and swore that I could identify the colour of a coat and the material 20 yards off—the Jury acquitted him of the felony, but found him guilty of an assault.</p>
<p>
<hi rend="italic">Re-examined.</hi> I got within a yard of the prisoner when he turned round and came back, and then I took Johnson—I had a clear view of the prisoner, and gave a description of him—I looked out for him after that night.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-164" type="witnessName">
<interp inst="t18811212-name-164" type="gender" value="male"/>
<interp inst="t18811212-name-164" type="surname" value="LANE"/>
<interp inst="t18811212-name-164" type="given" value="ALFRED"/>ALFRED LANE</persName> </hi> (
<hi rend="italic">Policeman C</hi> 128). I was on the look-out for the prisoner from the description given me, and took him on 21st November in Castle Street, Leicester Square—I told him the charge—he said "If I had seen you to-night you would not have caught me to-night"—I had chased him two or three times before, but he is an expert in running.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I knew before that his father lives somewhere in Broad Street, Golden Square, and I kept observation there night after night—if I had gone from house to house instead of waiting six weeks, somebody would have told him I wanted him—I did not know his father's number, and it is a very long street.</p>
<p>
<hi rend="italic">Witnesses for the Defence.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-165" type="witnessName">
<interp inst="t18811212-name-165" type="gender" value="male"/>
<interp inst="t18811212-name-165" type="surname" value="MCMAHON"/>
<interp inst="t18811212-name-165" type="given" value="TERENCE"/>TERENCE MCMAHON</persName> </hi>. I am a journeyman tailor, of 36, Broad Street, Golden Square—on Saturday, 15th October, about 9.45 p.m., I came back from market—I fix the date because I was very busy that week—I did not go out again that evening as I was too tired—I had been up all the night before—when I came in I saw the outline of the prisoner on the bed he usually occupied and the outline of his younger brother beside him—I rested satisfied that he was there, and did not take the sheet off his face; he generally lies like that—I went to bed at a few minutes before 1 a.m., and at 20 minutes to 1 I gave him some water, and he asked me if I had got paid for a velveteen coat—I said "No"—he was then in bed—I had a new street-door key, which I kept in my pocket—there was only one.</p>
<p>
<hi rend="italic">Cross-examined.</hi> The new lock was put on between two and three months ago—I saw the outline of my son about 9.45, and it seemed that his face was turned towards me—when I went out to market between 7 and 8 o'clock my son was sitting on the bed with his clothes on—I deny saying to the Magistrate "I came from market about 9.45, I will not be sure that I saw him then"—he slept in the same room with me then—I un
<lb/>fortunately forgot to tell the Magistrate that I spoke to him at 20 minutes to 1 o'clock because I was plagued with another question, but I said that I sat up till 12.30 reading the paper.</p>
<p>
<hi rend="italic">Re-examined.</hi> This is my book of work (
<hi rend="italic">produced</hi>); here is the entry of the velveteen coat—I put it down on Saturday, 15th October, to get paid for it, but I did not, because it was not made, and I put it down again and did not get paid for it because it was not finished—I am a good deal deaf.</p>
<xptr type="pageFacsimile" doc="188112120032"/>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-166" type="witnessName">
<interp inst="t18811212-name-166" type="gender" value="female"/>
<interp inst="t18811212-name-166" type="surname" value="MCMAHON"/>
<interp inst="t18811212-name-166" type="given" value="ANNIE"/>ANNIE MCMAHON</persName> </hi>. I am the wife of the last witness, and am the prisoner's mother—on 15th October I went to market with my husband, leaving the prisoner at home, and when we returned he was in bed—I did not see him that night, but I awoke a little later, and heard him ask my husband if there was any water—that was not very long before my husband came to bed—I feel convinced that the prisoner did not leave the place between our coming from market and that conversation, for I am a very light sleeper, and I should inevitably have heard him—I was asleep before 11.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I remained asleep till I heard my husband speaking—I do not know what time that was because I was in bed—I saw the prisoner in bed when I returned from market—I did not see his face, but saw part of his forehead—I told the Magistrate that his head was covered by the sheet—I did not wish to wake him up because he is a very light sleeper and is in bad health—it was not his little brother's forehead that I saw; he is a good deal younger.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-167" type="witnessName">
<interp inst="t18811212-name-167" type="gender" value="female"/>
<interp inst="t18811212-name-167" type="surname" value="MCMAHON"/>
<interp inst="t18811212-name-167" type="given" value="MARIA"/>MARIA MCMAHON</persName> </hi>. The last witness is my mother—I was examined at the police-court on a Wednesday, I think, and on the Saturday before that, which was about six weeks ago, my brother was in bed reading a book called
<hi rend="italic">Young Folks,</hi> the date of which was 15th October—I have not got a copy with me—I was reading it that Saturday evening, and my brother was in the room all the evening—I went to bed about 20 minutes to 10—he was then in bed—I slept in the next room and saw him again the next morning—he sleeps with a younger brother nine years old.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I like that paper, and there was a new tale in it—I read it every Saturday night—my brother always lives at home—I saw him go to bed that night about 8.20—it was Saturday, 15th October—he generally goes to bed at 10 or 11 o'clock—he sometimes goes out at night about 8 o'clock—he works with my father—there is no general time for leaving off—I don't know that he sometimes keeps out late on Saturday night.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-168" type="witnessName">
<interp inst="t18811212-name-168" type="gender" value="male"/>
<interp inst="t18811212-name-168" type="surname" value="HUTCHINGS"/>
<interp inst="t18811212-name-168" type="given" value="FREDERICK"/>FREDERICK HUTCHINGS</persName> </hi>. I am a tailor—I know the prisoner—on Satur
<lb/>day, 15th October, about 9.30 or 9.45, I went there for the remainder of my money—I had closed my work on Monday the 10th, and that makes me remember the date—I stayed there half an hour, and left at 10 o'clock—I had been working for McMahon—I made the velveteen coat, but it was not finished.</p>
<p>
<hi rend="smallCaps">
<rs id="t18811212-115-verdict-1" type="verdictDescription">
<interp inst="t18811212-115-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18811212-115-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Thursday, December</hi> 15
<hi rend="italic">th, and Friday,</hi> 16
<hi rend="italic">th,</hi> 1881</p>
<p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t18811212-116">
<interp inst="t18811212-116" type="uri" value="sessionsPapers/18811212"/>
<interp inst="t18811212-116" type="date" value="18811212"/>
<join result="criminalCharge" id="t18811212-116-charge-1" targOrder="Y" targets="def1-116-18811212 t18811212-116-offence-1 t18811212-116-verdict-1"/>
<p>116.
<persName id="def1-116-18811212" type="defendantName">
<interp inst="def1-116-18811212" type="gender" value="male"/>
<interp inst="def1-116-18811212" type="age" value="38"/>
<interp inst="def1-116-18811212" type="surname" value="CHALMERS"/>
<interp inst="def1-116-18811212" type="given" value="WILLIAM BRYCE"/>
<hi rend="largeCaps">WILLIAM BRYCE CHALMERS</hi> (38)</persName> was indicted
<rs id="t18811212-116-offence-1" type="offenceDescription">
<interp inst="t18811212-116-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18811212-116-offence-1" type="offenceSubcategory" value="libel"/> for unlaw
<lb/>fully publishing a false and defamatory libel of and concerning
<persName id="t18811212-name-170" type="victimName">
<interp inst="t18811212-name-170" type="gender" value="male"/>
<interp inst="t18811212-name-170" type="surname" value="MACKINTOSH"/>
<interp inst="t18811212-name-170" type="given" value="LACHLAN"/>
<join result="offenceVictim" targOrder="Y" targets="t18811212-116-offence-1 t18811212-name-170"/>Lachlan Mackintosh</persName>;</rs> to this the defendant
<hi rend="smallCaps">PLEADED A JUSTIFICATION</hi>.</p>
<p>
<hi rend="smallCaps">MESSRS. POLAND</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">HORACE AVORY</hi>
<hi rend="italic">Prosecuted</hi>;
<hi rend="smallCaps">MESSRS. EDWARD</hi> </p>
<p>
<hi rend="smallCaps">CLARKE</hi>, Q.C.,
<hi rend="italic">and</hi>
<hi rend="smallCaps">GILL</hi>
<hi rend="italic">Defended.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-171" type="witnessName">
<interp inst="t18811212-name-171" type="gender" value="male"/>
<interp inst="t18811212-name-171" type="surname" value="DUDGEON"/>
<interp inst="t18811212-name-171" type="given" value="PATRICK"/>PATRICK DUDGEON</persName> </hi>. I have private means, and reside near Dumfries, in Scotland—I was formerly in business in China—in the beginning of 1876 I was looking for some employment for my son, Charles John Dudgeon, and about that time I was introduced to the defendant, who was a partner in the firm of Chalmers, Mackintosh, and Co., out at Shanghai, in</p>
<xptr type="pageFacsimile" doc="188112120033"/>
<p>China, I had some conversation with him about my son' going out to China, and it was ultimately arranged between me and the defendant that my son should go out to China to join the firm—my son went out about six months after that, as a clerk, with the understanding that he was to become a partner after a certain time, which he did—that was about July, 1878—the next occasion on which I saw the defendant was in December, 1879—he came to see me at Cargan, Dumfries; he informed me that disputes had arisen between himself and Mr. Mackintosh—I had heard that previously, and I then understood that the partner
<lb/>ship was to end at the end of 1879, and that a new partnership would have to be entered into—some discussion then took place as to my son continuing in the firm with either Mr. Chalmers or Mr. Mackintosh, and ultimately I left it to my son to decide, intimating that I should like him to remain in partnership with Mr. Mackintosh, and my son did so decide—in December, 1879, when the defendant saw me he told me of informa
<lb/>tion he had obtained about Mr. Mackintosh, that he had made a disreputable failure in Glasgow, and that he had tampered with documents, and that he had got corn into his possession which he had no right to, and that he had absconded, to get away from his creditors—upon that I at once made inquiries into the matter—I think Mr. Mackintosh was in Scotland at the time, and I asked him to call at Cargan, and I saw him—I made other inquiries in the matter—I spoke to Mr. Mackintosh when he came to Cargan, and he denied the accusation and said" I will send you a letter to convince you"—he sent me this letter in the handwriting of the defendant. (
<hi rend="italic">This stated that he was convinced, after inquiry, that the imputations against Mr. Mackintosh were unfounded, that he was prepared to refute them whenever made, and that there were many things which redounded to Mr. Mackintosh's credit.</hi>) I did not tell Mr. Mackintosh the whole that I had heard from Mr. Chalmers, I merely mentioned that Mr. Chalmers had stated that he had made a disreputable failure, and that he had left the country in consequence—I did not mention that Mr. Chalmers had charged him with having tampered with documents and got the corn improperly into his own hands—I did not like to make an imputation of that kind without being more certain—after that my son entered into partnership with Mr. Mackintosh and Mr. Beauchamp, and they are now carrying on business in London and Shanghai—my son is now at Shanghai managing the business there—I had previously written a letter to the defendant at the beginning of 1880 with reference to my son—there was some matter with reference to Mr. Chalmers's dealings in China which I wanted cleared up—from that time I heard no more of the matter until October this year—on 23rd October I received by post this letter (
<hi rend="italic">A</hi>) in Mr. Chalmers's handwriting, that enclosed this other letter (
<hi rend="italic">C</hi>), I took that copy of it (
<hi rend="italic">B</hi>), and returned it to Mr. Chalmers with this letter (
<hi rend="italic">D</hi>). (
<hi rend="italic">The letter C was the alleged libel; it purported to be written to the defendant by his solicitor, F: C. Matthews, and described an interview between Mr. Neale and Mr. John Munn, jun., in which the latter was alleged to have stated that Mr. Mackintosh had fraudulently obtained possession of certain corn when in business at Glasgow, that he had bolted from there with a girl, that being followed by Mr. Munn and detectives to Ascot, that he had there changed clothes with the girl and escaped; that he was subsequently traced to Aix la Chapelle, where he was captured by In
<lb/>spector Tanner and brought back to this country. The letter D was dated</hi> 24
<hi rend="italic">th</hi> </p>
<xptr type="pageFacsimile" doc="188112120034"/>
<p>
<hi rend="italic">October 1881, and expressed surprise at the contents of the above letter, especially after having seen the defendant's letter exonerating Mr. Mackintosh from the charges.</hi>) I afterwards came to London and saw Mr. Matheson, who is an old friend of mine, and who I knew had been shown the latter, and afterwards I saw Mr. Mackintosh and showed him the letter, and a few days after these proceedings were commenced—I know that in 1880 an arbitration was appointed as to the disputes—that fell through.</p>
<p>
<hi rend="italic">Cross-examined.</hi> It was in 1876 I first contemplated my son joining the firm of Chalmers and Mackintosh as a clerk—originally it was in con
<lb/>templation that he should be a partner—after serving as a clerk for about 18 months he became a partner, and I found the capital for him—the arrangement at present is for my son to be at Shanghai representing the present firm, Mr. Mackintosh being in London, and having the con
<lb/>trol of the business in England—I do not know Dr. Chalmers, the defendant's father—I never met him—I was introduced to the defendant in 1876, through a friend of his, a partner in the house of Baring and Co. of Liverpool—I have known Mr. Matheson very many years, we were boys together—he is a gentleman of very high position in the City; he is a merchant—I believe he is in the China trade—when Mr. Mackintosh came to see me in 1879 or the beginning of 1880, he denied the accu
<lb/>sations that were made against him—he came to me immediately after his arrival from China—he told me then that he had failed in business as a corn dealer in Glasgow—I had known that before—I don't think I entered into particulars with him on the subject—I don't remember that he told me he had paid all his creditors—he certainly told me that he had settled with them—in my letter of 24th October, I mention that Mr. Chalmers's letter was shown to me before my son consented to join Mr. Matheson in business—that referred to the letter in which he mentions the information that his brother had given him—assuming that the matters contained in this letter had been true, it would of course have been Mr. Chalmers's duty to communicate them to me; it would have enabled me to protect my son's interests, which are considerable.</p>
<p>
<hi rend="italic">Re-examined.</hi> Mr. Matheson either told me at the time he called at the beginning of 1880, that he had failed in Glasgow, or before, because I knew it—I did not go into details at all with him—I do not recollect much more than the mere fact—Mr. Munn's name was mentioned—he told me that he had settled with Mr. Munn—I don't remember his men
<lb/>tioning any other creditor's name—I have been in China for years.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-172" type="witnessName">
<interp inst="t18811212-name-172" type="gender" value="male"/>
<interp inst="t18811212-name-172" type="surname" value="MATHESON"/>
<interp inst="t18811212-name-172" type="given" value="HUGH MACKAY"/>HUGH MACKAY MATHESON</persName> </hi>. I am a member of the firm of Matheson and Co., merchants, of Lombard Street—we are agents for the China house of Jardine, Matheson, and Co.—I have known the defendant for some time, and his father, Dr. Chalmers, for many years—I have not known Mr. Mackintosh at all—I think I heard that he was a gentleman who was connected with Mr. Chalmers, but I knew nothing about it—about 20th October this year the defendant called on me at my office in Lombard Street, and showed me a letter from his solicitor—I believe this (
<hi rend="italic">produced</hi>) to be the letter (
<hi rend="italic">marked C</hi>)—he had sent me a note in the forenoon requesting to see me upon an important matter upon which he wished my advice, and when he came in he explained generally the matter, that there was a disagreement with Mr. Mackintosh, and that in consequence of that he had been making inquiries as to the history of Mr. Mackintosh prior to their partnership, and that he had received this letter, which he</p>
<xptr type="pageFacsimile" doc="188112120035"/>
<p>was anxious I should see and advise him what to do with it—I don't think he said what the particular nature of the disagreement with Mr. Mackintosh was; some matter of account, I understood—I read the letter, and knowing the relation of Mr. Dudgeon to him I said it was his clear duty to send the letter to Mr. Dudgeon, sen., that he might know it—I don't think he said anything about any imputations on his own character, or what caused him to make these inquiries about Mr. Mack
<lb/>intosh, beyond that he had heard things about him—I had not the remotest interest in the matter except as a friend of Mr. Dudgeon—the defendant had never consulted me before, or asked my advice in reference to his partnership with Mr. Mackintosh.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I have for very many years been intimately acquainted with Dr. Chalmers, and for the last fifty years with Mr. Dudgeon, on terms of friendship—Mr. Chalmers said this was a matter of grave importance to him, and that he desired to have my advice as one of his father's oldest friends.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-173" type="witnessName">
<interp inst="t18811212-name-173" type="gender" value="male"/>
<interp inst="t18811212-name-173" type="surname" value="HOOTEN"/>
<interp inst="t18811212-name-173" type="given" value="JAMES GEEVES"/>JAMES GEEVES HOOTEN</persName> </hi>. I am a merchant in the China trade, of Palmerston Buildings, in this city—I know the defendant—I knew Mr. Mackintosh before these proceedings—I knew that they had been in partnership—about 20th October the defendant called at my office and showed me a letter—to the best of my belief this is the letter (
<hi rend="italic">C</hi>)—I read it and returned it to him—I do not remember his saying anything of importance—lie gave no reason for showing me the letter—at the time I was reading it I believe my son, Stanley Hooten, came in, and I think he also saw the letter, but I am not sure—the defendant mentioned Mr. Matheson's name—he simply said he had shown the letter to him.</p>
<p>
<hi rend="italic">Cross-examined.</hi> We have had business relations with Chalmers; Mackintosh, and Co.—we made arrangements that the partner who came over here should share our private rooms, and write their letters there—Mr. Mackintosh did first, and Mr. Chalmers afterwards, when he came over—that began, I think, about '74, and lasted two or three years—I am a creditor of the firm of Chalmers, Mackintosh, and Co. (which has been dissolved), to the amount of more than 1,000
<hi rend="italic">l</hi>. atone time; at present it is much less—I have not been wholly paid—I don't know whether I was the only trade creditor—I refused to become a party to the deed of dissolution; I was asked to do so, I forget when, at the time they were dissolving, that would be about the beginning of 1880; I declined then to sign the deed of dissolution, because I wished to have the security of Mr. Chalmers as well us Mr. Mackintosh—I did not want to release Mr. Chalmers—it did not pass through my mind why Mr. Chalmers showed me this letter; it did not strike me as unnatural—I should think my debt now is about 100
<hi rend="italic">l</hi>. or 200
<hi rend="italic">l</hi>.—the last payment was received about two months ago—I did not communicate to Mr. Mackintosh that I had read this letter.</p>
<p>
<hi rend="italic">Re-examined.</hi> If I had believed the account then given of him it would not have raised him in my estimation—his solicitor called on me—how he found out that I had received the letter I do not know—I believe the deed of dissolution proposed to release Mr. Chalmers, and Mr. Mackintosh would have taken over the liabilities of the firm; I declined that, so that the old firm were liable to me—the remittances paying me off have been made by Mr. Charles Dudgeon, jun., Mr. Mackintosh's partner; that firm is still going on.</p>
<xptr type="pageFacsimile" doc="188112120036"/>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-174" type="witnessName">
<interp inst="t18811212-name-174" type="gender" value="male"/>
<interp inst="t18811212-name-174" type="surname" value="MACKINTOSH"/>
<interp inst="t18811212-name-174" type="given" value="LACHLAN"/>LACHLAN MACKINTOSH</persName> </hi>. I now carry on business under the firm of Mackintosh, Dudgeon, and Co., at Shanghai, and in London as H. L. Beauchamp and Co.—we are still carrying on business in the China trade—I was a partner of the defendant's from 1st January, 1874, to 31st December, 1879—the deed of dissolution was dated in April, 1880, but it was to date from the end of the previous year—differences existed between us, and I and my partner, Mr. Dudgeon, jun., took proceedings against Mr. Chalmers to recover certain moneys which I claimed as being due to me, which proceedings are still pending—there was first an arbitration; that was repudiated by Mr. Chalmers—there was first a private agreement for arbitration, Mr. Chalmers objected to that; then it was made a Rule of Court, and his wife intervened—before I was in partnership with Mr. Chalmers I was myself in trade in China from April, 1867, to the end of 1873—I was first at Hong Kong in the employment of a bank, then a bill broker and commission agent, and carried on that business satisfactorily—my salary at the Hong Kong bank was about 450
<hi rend="italic">l</hi>. a year—I was nominally private secretary to the chief manager, but I joined the bank on the understanding that at the end of the year they would open an agency in Calcutta or Bombay, where they had previously been represented by a Parsee firm, but during the year a great many failures took place in the China trade, and several banks failed, and they decided that they would not open an independent bank; I therefore left the bank—I think I entered their service in the beginning of March, 1866—I had arrived in China in January—my brother was secretary to the North China Insurance Company—I com
<lb/>menced business in Glasgow in 1856, as a broker and agent—I was then 21 years of age—on my twenty-first birthday I was made a partner in the firm of James Steel and Son—three years after that I commenced business for myself, I think about 1861—while in business at Glasgow I had business transactions with a gentleman at Londonderry, John Munn, jun.—he consigned cargoes of oatmeal to me in my own name—the bills of lading were sent to me and the cargoes were lodged in the public store of Matthew Browning in my own name—that was done from time to time—the business was carried on in this way: Mr. Munn would write to me saying that he had made a shipment of a certain quantity of oatmeal by a certain steamer, and enclose either the ship's receipt or a bill of lading for it, and he would send me over a bill drawn for me to accept on account of the cargo, which bill I would accept and return to him at Londonderry; he would discount it, and it would come over to me for payment, through one of the Scotch banks, and I should have to meet it when it became due—I did not sell the cargo; I sold a small portion—I either got a bill from Mr. John Munn with his acceptance and discounted it with my own bankers and took up my acceptance to him, or I would pass a cash order on Mr. John Munn if I was specially instructed to do so, and get the money to take up the bill—the bills were generally sent to me accepted in blank and I filled up the body of the bill afterwards, put my name to it as the drawer, and got the money—that was as near as I can say the practice at that time—I think that went on for two years—I think altogether there were about 1,300 loads—I sold about 200—Mr. Munn wanted to get a better price for them or I should have sold more—the price went down and the quality of the goods was deteriorated, so they suffered in both ways—I</p>
<xptr type="pageFacsimile" doc="188112120037"/>
<p>was not always able to discount Mr. Munn's acceptances; one of them was returned and came back to me through the bank; then, as far as I remember I wrote to him for an explanation, and he asked me to pass a cash order on him for the amount, and I did so; that also came back unpaid, and I then got an advance from Messrs. Clark and Co. upon a portion of the meal to put me in funds for money that I was out of; and sometime after that, about the beginning of 1865 or the end of 1864, Mr. Munn being in Glasgow, I said to him that my bankers had spoken of the continued redrafts and renewals, and that my discount facilities were very limited, and that I should not be able to discount any more of his paper—Mr. Munn then said to me that his discount facilities were also very limited, and that his bankers had raised objections, and that he was afraid he would not be able to draw upon me any more—I said "The meal has been kept a long time, it has not risen in quality, and the market does not appear to be improving, what are we to do with it? Besides that, the bills in circulation against it are much more than the value of the goods"—he said "Well, you have the goods, and you had better get money on them and retire the drafts as far as that will go"—the bills then out were as far as I recollect of greater value than the value of the cargo—I then went to James Clark and Co.; that firm has ceased to exist; Mr. Browning is dead, and his stores are abolished; I told Mr. Clark that I had a quantity of oatmeal which we had held for some time, and I pledged the oatmeal with him, and raised money upon it from time to time—I always had an open account with Clark and Co.; we used to turn over a good many thousands a year—I ultimately stopped payment about the end of May, 1865—there was a bill of Mr. Munn's for 300
<hi rend="italic">l</hi>. due on 31st May; some time before it came due Mr. Munn sent me a blank bill stamp to fill up for 300
<hi rend="italic">l</hi>. with his acceptance across the face of it; I asked my banker whether he would discount it; he said he would not; I then went to James Clark and Co., and told them I required a further advance upon the oatmeal, and they told me that the state of my general account was such that they could not advance me any more—I represented to Mr. Clark that this oatmeal was to be put to the special account—he said he had put it to the general account, and he could not afford to give me any more advances; that he did not know anybody but me in the matter—I then saw that I could not meet this bill on the 31st of the month; I con
<lb/>sidered that Clark and Co. ought to have put these advances to the special account; I then stopped payment—I left Glasgow on 30th May; I had a friend there named G. W. Scott; he is dead; I first wrote a private letter to Mr. Munn telling him that I should not be able to take up the bill, and then I told Mr. Scott the position in which I was placed—he was a merchant and commission agent in the same business as myself; I consulted with him and left him to arrange with my creditors in my absence—he knew I was going; I communicated to him my position with regard to Mr. Munn—at this time my sister Kate was living at Bonn, in Germany; I heard that she was seriously ill—I had corn transactions with Mr. John Christie, of Londonderry—I never heard of Mr. McCall; there is a Mr. McCorkill; I had business transactions with him—I never had a relative of the name of McEwan; there is a tailor of that name—it is not true that corn was stored in those three names, and that I forged delivery and other orders to put the corn into</p>
<xptr type="pageFacsimile" doc="188112120038"/>
<p>my own name—I never forged any delivery orders, or other documents of any sort connected with that transaction, or anything else—I constantly wrote to Mr. Munn as to the state of the market—it is not true that I bolted from Glasgow with a girl; I came to London and slept one night at Llewellyn's Hotel, Duke Street, St. James's; that was not the night of Saturday, the 10th June; I think it was the 2nd June; I had been in the habit of stopping at that hotel three or four years; I always stayed there in my own name; I was well known there as a visitor—I left London for the Continent, I think, on Sunday evening, the 11th June; I had in the meantime frequently written both to Mr. Scott and Mr. Munn; I had also telegraphed to Mr. Munn—it is untrue that I went to Ascot on that occasion; I never was at Ascot in my life; I went to Epsom—I never changed clothes with a girl and by that means escaped from the detectives; it is pure fabrication; there is not the slightest foundation for it—to my knowledge there was no criminal charge against me at the time I left England; I had never heard of a warrant being applied for—I went to Aix la Chapelle and stayed there at Mulen's Hotel in my own name; the porter who was there at the time is here with the hotel hooks—I arrived there on 12th June, I believe, and was there to the middle of July, when I came back; I was ill there for about 10 days or a fortnight—I brought my sister back to England with me on the 15th or 16th July; she was very ill at the time, and died on 2nd October following—it is not true that while I was at the hotel at Aix a detective officer came to me—I had no lady living with me there—I did not burst into tears and beg forgiveness; there was nobody to beg from; it is all a pure romance—I never saw Mr. Munn at Aix la Chapelle; the whole thing is a fiction—on arriving in England I wrote to Mr. Scott saying that I would meet him in Glasgow, and, as far as I remember, he tele
<lb/>graphed to me that he would meet me at Greenock—I met him there the next day, and afterwards went for two or three days to Argyleshire—civil proceedings were taken against me with reference to my debt to Mr. John Munn, jun.—my solicitor was Mr. William Moncrieff, of Glasgow, who is dead; Mr. Hannay was solicitor on the other side—the action was brought against Clarke and Co. and myself jointly; an arrangement was come to between the solicitors, and I insured my life—on 26th February, 1866, I received a letter from Mr. John Munn; this is a copy of it in this press letter-book; it is in the handwriting of Mr. John Munn, jun.; I put the original in the fire some time after (
<hi rend="italic">This letter contained the withdrawal by Mr. Munn of all charges against the witness</hi>)—these were charges in the civil suit between Clarke and Co. and myself as to my right to pledge and Clarke's to appropriate Mr. Munn's oatmeal—I refused to come to any arrangement until Mr. Munn apologised and withdrew the charges, and he sent me that letter; an arrangement was then come to that I was to pay 450
<hi rend="italic">l</hi>. or 500
<hi rend="italic">l</hi>. to settle Mr. Munn's debt, and I gave security by insuring my life—I sent Mr. Munn the 450
<hi rend="italic">l</hi>. after I went to Shanghai—this is Mr. Munn's signature (
<hi rend="italic">This was dated</hi> 1
<hi rend="italic">st January,</hi> 1868,
<hi rend="italic">and stated that in consideration of</hi> 450
<hi rend="italic">l</hi>.
<hi rend="italic">paid by the witness, Mr. Munn exonerated him from all claims, debts, and demands</hi>)—upon that discharge being given me by Mr. Munn all disputes with him were at an end, and the bills were returned to me—at the time I received the letter of 26th February, 1866, I had never heard of any charge of forgery against me, or any criminal charge, except what was said by Mr. Munn in his civil</p>
<xptr type="pageFacsimile" doc="188112120039"/>
<p>suit, stating that I had no right to pledge the meal to Clarke and Co.—I was never sequestrated; I threatened to go into sequestration unless Mr. Munn would apologise—during the tune of my trouble I wrote confidential letters to my brother in China, making him acquainted with my affairs—while I was in China I received this letter from Mr. Chalmers of 5th February, 1874; it is a business letter (
<hi rend="italic">This stated that the witness's brother had been, and gone very fully into the matters connected with his transactions in business in this country, that he was now prepared to give a denial to the injurious reports, and was satisfied that there were many things that redounded greatly to his (Mr. Mackintosh's) credit</hi>)—from February, 1874, until my difference with Mr. Chalmers in partnership matters I was on friendly terms with him—of late I have been in London and Mr. Chalmers has been in China—I have had charge of the London accounts, and produce them—I never altered the London accounts to the detriment of Mr. Chalmers, or tampered with them in any way, or caused them to be altered—they were perfectly accessible to Mr. Chalmers; he has had them frequently—I have not the slightest idea to what the charge of altering the accounts points; I should be glad if he would point it out—I never thought of disappearing when I heard of this imputation—I consulted my solicitor, and appeared at the Mansion House—I have none of the papers relating to Glasgow—my brother is here.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I was about five years in business on my own account in Glasgow—I commenced business in partnership with Steele and Sons; I was then 21; that was on 2nd September, 1856—I was three years with, them, and then I commenced by myself in 1860—I will not under
<lb/>take to say that I was in business in Glasgow on my own account before 1862; I cannot recollect the exact time of my separation from Steele and Sons—my office was in the Corn Exchange Buildings; I had two rooms, a private and a public room—I lived in several different lodgings in Glasgow—in May, 1865, I was lodging in Bath Street; I forget the number; the landlady was a Mrs. Scooler, I think; I had a bedroom and sitting-room there; I took them furnished—at the time I left Glasgow, at the end of May, 1865 my total liabilities were considerably within 2,000
<hi rend="italic">l</hi>., I cannot remember exactly to a hundred or two; that includes Mr. John Munn's claim, which was fixed at 1,500
<hi rend="italic">l</hi>. when I left; it was fixed by Mr. Hannay, Mr. John Munn's solicitor, at that nominal sum, for the purpose of settlement; I don't know whether that was a smaller sum than it had been on the books; Mr. Munn agreed to take his claim on the valuation of his meal—1,300 loads of meal had been sent to me; they were consigned to me to be sold on account of Mr. Munn—I never remitted any money to Mr. Munn in respect of those goods; I had to pay Mr. Munn's bills—I don't know how much I paid on his behalf in respect of those goods—some of the bills were taken out of sight altogether—I did not arrive at any balance as to what I owed—he agreed to take 1,500
<hi rend="italic">l</hi>. as the amount of his debt—there were a great many bills taken up or renewed—I was not dealing with Mr. Munn, senior; with Mr. Munn, junior—I cannot tell how much money I borrowed on the security of this oatmeal; I got several amounts; I cannot tell you within 50
<hi rend="italic">l</hi>. or 100
<hi rend="italic">l</hi>.—I think it was in December, 1864, or January, 1865, or February, perhaps—I think I only paid one bill on account of Mr. Munn out of the money so raised; I forget how much it was, 200
<hi rend="italic">l</hi>. or 300
<hi rend="italic">l</hi>.; these things have passed from my memory—Mr. Munn was my principal creditor.</p>
<xptr type="pageFacsimile" doc="188112120040"/>
<p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. The bills had to be met, and I had to handle the securities to do it—Clarke and Sons, from whom the advance was obtained, retained the securities—they said they had a general account with me, and would not give any more money, and the balance was against me—the consignor could not get the benefit of his goods that way—Clarke and Sons said they had received the delivery orders from me, and recognised nobody else.</p>
<p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">MR. CLARKE</hi>. I had transactions with Mr. Christie while I was in business in Glasgow—he was a miller in Londonderry—I forget who in
<lb/>troduced me to him—I have known him for a great many years—I fancy I may have called upon him in the way or business, and introduced myself to him—we had a great many transactions of different kinds—the consignment of meal to me for sale on commission was a part of it, and grain of various kinds—it was not arranged between us that he should draw on me, and that the proceeds of the meal should be applied to re
<lb/>tiring the bills—I don't think we ever had such an arrangement—I believe it was the understanding between us that that should be the course of business—I have seen Mr. Christie quite lately—he was fre
<lb/>quently in Glasgow—I forget whether he was therein 1865—I do not remember his ever wanting to see his meal in the store—I forget whether I had any meal from him in the early part of 1885, or whether I had it in store; I don't think so; whatever meal I had of his I had sold before that or early in 1865—I can't swear at this distance of time—I do not think I ever raised money on meal that I had received from Mr. Christie—I don't remember obtaining an advance from Clarke and Co. on meal received from Mr. Christie; I don't believe I did—I don't know how much I owed Mr. Christie at the time I left Glasgow; his account was in dispute for various reasons, and if you like I will tell you what those reasons were—I cannot tell you within 50
<hi rend="italic">l</hi>. or 100
<hi rend="italic">l</hi>. what his claim upon me was—I say I am not owing him money—as far as I recollect he did not claim 700
<hi rend="italic">l</hi>.; I think he said 500
<hi rend="italic">l</hi>., which I disputed—if his account is properly made up, I do not owe him anything, and did not before I left Glasgow—I have never gone into the account—Mr. Christie wrote to me while I was in China,—I have not got the letter—I came back from China in 1876—during the last five years I have not communi
<lb/>cated with Mr. Christie with a view to settling the account, because I did not believe I was owing him money—I know Mr. McCorkill—I received, I think, one parcel of wheat from him to sell on commission—that was towards the end of 1864, I think—I forgot where it was stored—I forget what was its supposed value—I can't say within 100
<hi rend="italic">l</hi>.—I have not the slightest idea; it might be 3,000
<hi rend="italic">l</hi>. for aught I remember, or 2,000
<hi rend="italic">l</hi>.—I remember the name of the ship; it was the Village Belle—I paid Mr. McCorkill the whole amount, and closed the transaction entirely, either at the end of the year or the beginning of the year—at the time I left Glasgow Mr. McCorkill had no claim against me whatever, and made none—I have simply said in a general way that my liabilities were well within 2,000
<hi rend="italic">l</hi>.—I don't admit that Mr. Christie was my creditor—there was only one other creditor besides Mr. Munn, and he was not a creditor in reality, Mr. Scott, of Onan—that is not the Mr. Scott who I left behind to arrange my affaire—he was a trade creditor—that claim was included in Mr. Munn's claim—I had no trade creditor whose name appeared on my books except Mr. Christie and Mr. Scott and Mr. Munn—I</p>
<xptr type="pageFacsimile" doc="188112120041"/>
<p>forget now what Mr. Munn's debt was put at in my books—he put it himself at 1,500
<hi rend="italic">l</hi>.—I forget what Mr. Christie's was put at—Mr. Scott's was something like 100
<hi rend="italic">l</hi>.—I left no property in Glasgow when I came to London—I had no property except some office furniture—I don't know what that sold for—I told people in Glasgow that I was coming to London to go to the Derby—Mr. Scott had my books, and I had a good many joint accounts with him—I did not employ him to arrange; he volunteered, being a personal friend—I had nothing to arrange with my landlady—I did not owe any rent, I paid up to the day I left—Mr. Scott was to see Mr. Munn, and tell him that I was willing to insure my life, and give him security for the payments if he wished it, and give him a bond to pay him a certain amount within a given time, so that he might not lose money by me—I requested my landlady to give some decanters and other things to Dr. Simpson, which I had promised him—I do not know that she went to Dr. Simpson and claimed 15
<hi rend="italic">l</hi>. for rent, I never heard of it; if she did, she claimed what was not due to her—I did not owe Dr. Simpson any money, nor do I—I have frequently been in Glasgow since I left it, during July, August, September, October, and November of 1865—I saw no creditors there, I had none—I saw Dr. Simpson frequently, and he wanted me to go and stay with him—the first night I came to London I stayed with my friend Mr. Lyall; he and I drove down to the Derby in the morning, came back together, and I slept at his lodging in Bloomsbury; that was the first day I arrived in London—I did not become aware while I was in London that a constable was over here from the Irish constabulary with a warrant for my arrest—I never heard of such a thing—my solicitor has made inquiries at Scotland Yard, and I have received information from there—I have no recollection of leaving Llewellyn's Hotel on the Tuesday morning without my luggage, and saying that I should be back on the Thursday evening—I went to Manchester, and stayed three days with an old friend who knew me in Glasgow, and then I returned—I met the friend in London on the Tuesday, Mr. John W. Barker—I took with me what luggage I required; I don't know that I left any at the hotel—I arrived in London on the 31st, and that night I stayed with Mr. Lyall at his lodging—on the night of the 1st I slept at the Castle and Falcon in the City, and on the night of the 2nd at Llewellyn's Hotel; on the 3rd I was at my mother's house at Brixton, I was there some days; that is my permanent residence when I am in London; I was there until the beginning of the week, as far as I remember, four days, until I went to Manchester—I did not go to Manchester on the Tuesday—I met my friend that day, and promised to go down—I did not know that Mr. Munn was in London at that time, looking after me—I did not hear that Sergeant Clarke was making inquiries for me at Llewellyn's Hotel, in company with Mr. McCall—I had no idea that any search was been made for me by anybody—I stayed at Manchester until two days before I went to Aix-la-Chapelle, I was in Manchester three days, I then came up to town and went to my mother's house at Brixton on the Saturday, and next day (Sunday) I went to Aix-la-Chapelle—I had waited in town expecting to hear from Mr. Munn, from Londonderry; that was the reason of my delay; I wrote to him from London, before going to Manchester—I had no idea that he was in London at that time looking for me, and I don't believe he was—I went to Aix-la-Chapelle entirely alone—I did not see Mr. Munn there; he</p>
<xptr type="pageFacsimile" doc="188112120042"/>
<p>never was there while I was there, neither of the Messrs. Munn—I saw no one connected with him, or coming from him—I received a letter from Mr. G. W. Scott—I have not got it; I have no letter belonging to that period of my life—nobody came over to me at Aix-la-Chapelle—I never saw either of the Messrs. Munn afterwards—I declined to meet them altogether—I refused to see them—I came back to London, I think, on 15th or 16th July—I have no uncle named McEwan, my only uncle is Dr. Stewart, of Edinburgh—I know a McEwan, a tailor; he is no relation of mine, I don't know where he lives; his shop is in Princes Street, Glasgow—he was no friend of mine; he made my clothes some
<lb/>times—he had nothing whatever to do with the negotiations with regard to my settlement of Mr. Munn's claim—I never spoke to him about anything except my clothes—there was no person on my behalf who guaranteed the payment was eventually paid to Mr. Munn—I paid the premiums on the policy—I took out the policy—Mr. Duncan Macfarlane is a personal friend or mine, to whom I sent the remittance to take up the bills, the 450
<hi rend="italic">l</hi>., to settle; that was paid in 1868—as far as I re
<lb/>member he had nothing to do with the arrangement that was made in the autumn of 1865, except that he was very intimate with me, and we were always talking together about our affairs—I have Chancery pro
<lb/>ceedings pending against Mr. Chalmers—this (
<hi rend="italic">produced</hi>) is my cash-book—when I came home from China our business was very small, and all the bookslkept was a cash jotting-book, and as business began to growl started a ledger; that ledger was first begun to post up Mr. Chalmers's cash as far as possible—for the last few months of the partnership the business books that were kept were a cash-book and ledger; that was all; those were the only books—until these proceedings I never heard of any charge being made against me that I had altered the accounts—I have seen the amended statement of defence in the Chancery proceedings delivered last April. (
<hi rend="smallCaps">MR. CLARKE</hi>
<hi rend="italic">read an extract from this, which alleged that the witness had improperly altered the accounts by crediting himself with subsistence money to the extent of about</hi> 600
<hi rend="italic">l</hi>.) I saw that, but my solicitor and I came to the conclusion that Mr. Chalmers in stating that I had fraudulently altered the books after the proceedings in Chancery had commenced meant that I had made some alterations on the face of the books; that was a question of fact which was settled in Chancery—the alteration was made with distinct arrangement with Mr. Chalmers himself: there was really no alteration—the cash-book shows the drawings for subsistence money—all the cash intermissions are entered there; all the moneys received and paid out—you will find my drawings for subsistence money entered in the ledger in a page devoted to that account—Mr. Chalmers went to Shanghai in 1876, and I came home and took charge of the business during 1877 and up to 1878 and 1879—during that time I was in the habit of drawing money from the business on my own personal account from time to time—I entered them at the end of the month in one sum in this cash-book—here it is on 31st January, 1877—you will find that my cash drawings during that month were only 13
<hi rend="italic">l</hi>.—here is "Charges account for business expenses as per arrangement with W. B. C. 20
<hi rend="italic">l</hi>."—that was entered at the same time—those two entries were not made on 31st January, 1877; they were made some time afterwards, because I kept the whole of the cash-book open until I had a little matter of dispute between Mr. Chalmers and myself settled—this was entered on</p>
<xptr type="pageFacsimile" doc="188112120043"/>
<p>my receiving a letter from Mr. Chalmers, of which I forget the date—I cannot now tell you when this was entered—I should fancy the appor
<lb/>tioning of my private drawings and charges account was made in 1878—this entry of 31st December, 1876, was, I fancy, made before the middle of 1878; I think so—I won't say more, but I have a right to make the entries at any time I like in my accounts, and to post them exactly as I please, so long as they are posted correctly—there was a dispute pending between Mr. Chalmers and myself as to the amount which I was entitled to debit to "charges account," and of course the balance of my spendings went to the debit of my own personal account, and if you wish I will give you some explanation about this dispute—when I was in charge of the business at Shanghai Mr. Chalmers went to America and Canada on the part of the business—he was not allowed to draw anything except for business expanses; he had a special agreement—I do not know what his drawings were for 1874 and 1875; I sent him home money especially for his business expenses—you will find his drawings in that book—the special agreement is among the papers in the Court of Chancery; it was drawn up for him before he left Shanghai—he was then in debt, and I made it a special condition that while he was away he should only spend money at home in business expenses, and be no burden to the firm—I believe there are entries relating to every month during 1877 up to the middle of 1878 which were not made up till after the middle of 1878—the book was posted up then; you will find them in "charges account" at page 25—the 20
<hi rend="italic">l</hi>. per month was posted after the middle of 1878, after receiving a letter from Mr. Chalmers agreeing that I should do so—I have had experience of book-keeping about 20 or 25 years—these items of 20
<hi rend="italic">l</hi>. per month do not purport to Do entered in the course of keeping the account from the beginning of 1877—the charges account was all posted up at one time; any one who understands book
<lb/>keeping will understand it—I wished to have the charges account current date by date, and as soon as I came home from London, knowing that Mr. Chalmers had no office and no office expenses, or anything to pay, I found that he debited to cash for business expenses regularly 5
<hi rend="italic">l</hi>. a week when he was living at home and had no money to spend on busi
<lb/>ness; I at once wrote to him privately, asking for an explanation—I did not get one; I wrote again and again—at last I wrote officially in 1878 and insisted on an explanation, and then he wrote—you will find the letter—I forget the date of it—I kept an account of the expenses which went to make up the 20
<hi rend="italic">l</hi>. per month—we had it at the office; I don't know where it is; it may be in the office—it is petty cash, office expenses—it was never asked for till the present moment—we can show that the 20
<hi rend="italic">l</hi>. a month does not nearly cover our petty cash, and I was always out of pocket by it—there were entries of his business expenses—this letter of 28th February says "I had left all those papers at home"—that means in London—there was no one for me to ask for the papers—I got a bundle of papers from Mrs. Chalmers—I took what she gave me—I had no opportunity of asking her for the counterfoils of the cheque-book—you will find in my letter what I replied to Mr. Chalmers, it relates to the whole accounts—this is a copy of the abstract sent (
<hi rend="italic">produced</hi>), and this of the account for 1874 to 1876 as it stands now—I entered telegrams and stationery separately—I have the vouchers in the office—20
<hi rend="italic">l</hi>. a month was our expenses—we do not keep separate</p>
<xptr type="pageFacsimile" doc="188112120044"/>
<p>vouchers for our petty cash account in the office—I will send for them, but I do not know whether they have got them for so far back—there is a second letter there—he said that I was at liberty to charge 20
<hi rend="italic">l</hi>. a month, and that was never objected to—that was in April, 1877—no answer was given to my letter—when Mr. Chalmers came home and asked to see the office books, the cash-book was produced to him—I do not know when he saw it, as he called at my solicitor's office to see the accounts—we always said that we had the cash-book and ledger—I only made an affidavit with regard to letters—I never heard that an order was made that I was to file an affidavit stating what books I kept, nor did I hear that I was to pay the costs—Mr. Chalmers had access to all the books.</p>
<p>
<hi rend="italic">Re-examined.</hi> He had access to them and always can have—I charged 20
<hi rend="italic">l</hi>. a month because Mr. Chalmers had charged the same—until I settled that I did not enter it up, but I did so when the arrangement was come to—there is no pretence for saying that the account did not disclose the real state of things between me and my partner; we have not altered them in any way since the proceedings in Chancery—the creditors in Glasgow were Christie, Scott, and Mr. Munn—I considered that Scott's claim for 100
<hi rend="italic">l</hi>. was included in Mr. Munn's, as Mr. Munn told me that he had told Mr. Christie to send me a consignment and he was responsible for it—I never heard of any claim from Scott while I was negotiating with Munn—I was in Glasgow in July, and in September and October, and in November I went to Shanghai—I believe Mr. Scott is alive—I never suggested any forgery against him—Mr. McCorkill's account is closed—Mr. Christie did make a claim on me for 500
<hi rend="italic">l</hi>., and I wrote to him from London and Shanghai, and he wrote to me and said "I will take anything you like, send me anything you like, I will be done with it," and I wrote and said that I did not consider I owed him anything—Mr. Christie called at my house last Monday evening—I met him in a friendly way and was glad to see him—Mr. Lyall is alive and in Court—I went to my mother at Brixton—she is dead—I went to this hotel in Manchester—Mr. Lyall saw me off; he was with me at my mother's house—she was Mrs. Mackintosh and was living there in that name.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-175" type="witnessName">
<interp inst="t18811212-name-175" type="gender" value="male"/>
<interp inst="t18811212-name-175" type="surname" value="MACKINTOSH"/>
<interp inst="t18811212-name-175" type="given" value="JOHN"/>JOHN MACKINTOSH</persName> </hi>. I am the prosecutor's brother—I was in China in 1865, and was Secretary of the North China Insurance Company—while there I received letters from my brother, some of which about the date of his failure in Glasgow, in May and June, were tolerably voluminous, going into the accounts of the business—I kept them and have got them here—I was in England in 1874, and in consequence of imputa
<lb/>tions upon my brother's character which I heard, I called on Chalmers, who had previously spoken to me on the subject—I knew he was here on behalf of the business of the firm, and on that occasion he had been down to Liverpool—I heard from Chalmers that imputations were being made on my brother—he had heard something in reference to the failure in Glasgow, which seemed to be a burthen on his mind, and I wrote and told him I would call with the letters—I forget whether I showed them to him, but I read all the paragraphs relating to the Glasgow affairs—while I was in China, and after my brother's failure, I received two or three letters from Mr. Christie, which I believe are here.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-176" type="witnessName">
<interp inst="t18811212-name-176" type="gender" value="male"/>
<interp inst="t18811212-name-176" type="surname" value="LYALL"/>
<interp inst="t18811212-name-176" type="given" value="DAVID"/>DAVID LYALL</persName> </hi>. I live at Eltham—I have recently returned from Aus
<lb/>tralia—I have known the prosecutor 20 years—I knew him in Glasgow in 1863, 1864, and in 1865, when he came to London from Glasgow—he</p>
<xptr type="pageFacsimile" doc="188112120045"/>
<p>came to my lodging in Bloomsbury Street on 31st May, 1865, and we drove down to the Derby together—he stayed at my lodging the same night, and after that he went to Manchester—before that I saw him at his mother's house at Brixton—after he returned from Manchester he called again at my lodging, and I went with him to his mother's house on Sunday, 11th June; fixing the date in that way, I saw him in London after his return—I understood he was at Aix all that time—I afterwards drove with him from his mother's house at Brixon to London Bridge Station, and saw him off to Aix—he was alone—during the whole time I saw him he was not playing at hide-and-seek in anyway—I do not know Mr. Munn; I have heard the name—he spoke to me several times about Mr. Munn, and I know he corresponded with him—after his return from Aix his sister was with him at his mother's house; she was very ill—I saw her when he was about leaving the country to go to China.</p>
<p>
<hi rend="italic">Cross-examined.</hi> My age is 40—I am a clerk—I have been in Australia 10 years.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-177" type="witnessName">
<interp inst="t18811212-name-177" type="gender" value="male"/>
<interp inst="t18811212-name-177" type="surname" value="SCOTT"/>
<interp inst="t18811212-name-177" type="given" value="GEORGE JOHN"/>GEORGE JOHN SCOTT</persName> </hi>. I am clerk to the Justices of Londonderry—the depositions and informations upon which warrants are granted are in my custody—I have searched through them carefully for 1865, and find no trace of any warrant against Mr. Lachalan Mackintosh, of Londonderry, or any information upon which such a warrant could have been granted.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I have no reason to think that the records of 1865 are incomplete—I was not in Londonderry in 1865; I did not go till 1866, but the records are there—I do not remember a constable named McHale in the Irish constabulary—the only record of a warrant being granted by the Mayor of Londonderry would be the warrant and the information—there are records of 1865 in the office, informations upon which warrants were granted—I know Mr. Chambers, a solicitor of London
<lb/>derry; he has not applied to me in this matter, but I mentioned it, and told him I could find no record—I made a search last August in conse
<lb/>quence of a communication from the defendant's side, but not so careful a search as I have made since—I did not send word or write that there were no records of that period remaining—I had made a search in one department, and found informations back to 1876—there was a Sergeant McGivite, a superintendent of the old force of City Police—I think I told Mr. Chambers that no books or entries or documents connected with the Mayor's Court were forthcoming previous to 1865, but that was before I made the careful search.</p>
<p>
<hi rend="italic">Re-examined.</hi> Chambers was acting for Mr. Chambers, and came to ask me if there was any communication relating to Mr. Lachlan Mack
<lb/>intosh; August was the time I received information, but it was after that that Mr. Chambers spoke to me: quite recently—I did not think to go back farther than the time I was in the office myself, but afterwards I went back to the old dirty press where old documents were kept, and found documents as far back as 1841—Mr. Neale called on me in October, I think, and I referred him to Mr. John Munn and Mr. Johns Chester—he asked me for information, and I referred him to the only people living who could give information, and I referred him to the only people living who could give information on the subject—I received the communication in August from Dr. Chalmers—Mr. Hogben called, and I told him the same, that I could not find out anything—I never heard of Constable McHale; Botley was the constable there.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-178" type="witnessName">
<interp inst="t18811212-name-178" type="gender" value="male"/>
<interp inst="t18811212-name-178" type="surname" value="HOGBEN"/>
<interp inst="t18811212-name-178" type="given" value="THOMAS"/>THOMAS HOGBEN</persName> </hi>. I am sub-inspector of the Londonderry Police—some</p>
<xptr type="pageFacsimile" doc="188112120046"/>
<p>months ago I was instructed by my superior officer to make inquiries about a warrant being executed against Lachlan Mackintosh—I could find no trace, and I reported that.</p>
<p>
<hi rend="italic">Cross-examined.</hi> Mr. Brownrigg, the County inspector, told me to inquire—I inquired principally of Mr. Scott, the Petty Sessions Clerk, and of some of my own men stationed at Derry—McGwire belonged to the old City force—he is dead—McHale never belonged to the old City force—I believe he is superannuated on a pension—the Royal Irish Con
<lb/>stabulary are only 11 years old—the old City force existed at this time—I made very few inquiries.</p>
<p>
<hi rend="italic">Re-examined.</hi> I am the oldest man of the City force; none of them are serving now who were serving in 1865.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-179" type="witnessName">
<interp inst="t18811212-name-179" type="gender" value="male"/>
<interp inst="t18811212-name-179" type="surname" value="GRANDPRE"/>
<interp inst="t18811212-name-179" type="given" value="NICHOLAS"/>NICHOLAS GRANDPRE</persName> </hi>. I have been 24 years head porter at Mulen's Hotel, Aix-la-Chapelle—I was there during the summer of 1865—I remember that gentleman's face (
<hi rend="italic">Mr. Mackintosh</hi>)—he stayed there a month in 1865, from 12th June to 14th July—I produce the books—he had a single bedroom, and stayed there alone—no girl was staying with him—he had a doctor—no police officers came with a warrant from London to take him off—no arrest has been made at the hotel since I remember—he left the hotel alone and went to Bonn, which is about two hours' railway journey.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I do not perfectly remember his leaving—I cannot say what time in the day it was, or what day of the week, or whether any
<lb/>body went out at the door with him—he took away all his things—he did not explain to me that he was there with his sister who was ill.</p>
<p>
<hi rend="italic">Re-examined.</hi> He was there in the name of L. Mackintosh, of 24, Windmill Road, and 85 when ho came back from Bonn—he was of Glasgow—I remember that he went away, but I cannot say that he went to Bonn.</p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-180" type="witnessName">
<interp inst="t18811212-name-180" type="gender" value="male"/>
<interp inst="t18811212-name-180" type="surname" value="HANNAY"/>
<interp inst="t18811212-name-180" type="given" value="DAVID"/>DAVID HANNAY</persName> </hi>. I am one of the firm of McClure and Hannay, solicitors, of Glasgow—in June, 1864, Mr. Munn consulted us, but I do not remember whether he saw me or my partner—I know that an application was made to the Procurator Fiscal for a warrant, and a second application was made afterwards and refused, upon which civil proceedings were instituted by my firm against Mr. Lachlan Mackintosh and Clark and Co.—Mr. Moncrieff acted latterly as solicitor for Mr. Mackintosh, but not when the proceedings commenced; not till September—I saw Mr. Scott several times—ultimately an arrangement was come to between us and Mr. Moncrieff to settle the debt due from Mackintosh to Munn; he was to insure his life for 1,500
<hi rend="italic">l</hi>., and assign the policy and guarantee the premiums—the 450
<hi rend="italic">l</hi>. was not paid till January, 1868—before that settlement was come to this letter (
<hi rend="italic">produced</hi>) was obtained from Mr. Munn, withdrawing all charges against Mr. Mackintosh—I remember preparing a letter for Mr. Munn to sign; he signed it, and I gave it to Mr. Moncrieff, withdrawing the charge against Mr. Mackintosh—the proceedings against Messrs. Clark dropped—that firm has ceased to exist—from the beginning to the end of the matter there was no suggestion of forgery against Mr. Mackintosh—I had all the corre
<lb/>spondence before me—the meal was consigned direct to Mr. Mackintosh.</p>
<p>
<hi rend="italic">Cross-examined.</hi> We did not apply for a criminal charge on those facts, we had not all the correspondence before us—we had the infor
<lb/>mation of Mr. John Munn junior's son before us when the criminal</p>
<xptr type="pageFacsimile" doc="188112120047"/>
<p>charge was made—application was made for a warrant; I have the written statement—I believe this (
<hi rend="italic">produced</hi>) is the information which was laid before the Procurator Fiscal.</p>
<p>
<hi rend="italic">Cross-examined.</hi> It was. drawn in my office—it is dated 12th June, 1865—I see from the books that it was stated that Mr. Mackintosh was then either in London or Manchester, and in the afternoon of that day we were informed that he was in London—we were receiving infor
<lb/>mation as to his whereabouts either from Mr. Munn or from Mr. Graham who accompanied him—I saw Mr. Scott, of Glasgow, the day alter; whether I went to him or he came to me I do not remember.</p>
<p>
<hi rend="italic">Re-examined.</hi> I think Scott said that he was left in charge of Mackin
<lb/>tosh's affairs—application for a warrant was made on 12th June, 1865, and I believe on the same day we commenced proceedings on a post-due bill for the purpose of attaching any funds or effects of his—there is a law in bankruptcy in Scotland called sequestration—a man cannot now be arrested for debt in Scotland, but he could be in 1865.</p>
<p>
<hi rend="italic">This being the case for the Prosecution,</hi>
<hi rend="smallCaps">MR. CLARKE</hi>
<hi rend="italic">submitted that there was no case for the defendant to answer, the evidence having proved that the communications were privileged, and there being no evidence that they were made of express malice.</hi>
<hi rend="smallCaps">MR. POLAND</hi>
<hi rend="italic">contended that it was for the Court to say whether the occasion itself was privileged, and if it was it would then be for the Jury to say whether the matter was true, and if it was false whether it was false to the defendant's knowledge, and whether it was done not bond
<lb/>fide, but of express malice; if it was done maliciously it was a libel, even though the occasion was privileged.</hi>
<hi rend="smallCaps">MR. CLARKE</hi>,
<hi rend="italic">in reply, referred to the case of Craven v. Norman, in which it was held by</hi>
<hi rend="smallCaps">MR. JUSTICE WATKIN WILLIAMS</hi>
<hi rend="italic">that it was the duty of the Judge to say whether there was malice. The question of privilege arose quite independently of the question whether the statement was true, and the statement being true was no evidence of malice unless it was proved that it was true to the defendants knowledge. The</hi>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">considered that there was privilege, but declined to withdraw the case from the Jury.</hi> </p>
<p>
<hi rend="smallCaps">MR. CLARKE</hi>
<hi rend="italic">then put in the criminal information lodged with the Pro
<lb/>curator Fiscal against Lachland Mackintosh, corn factor, of Glasgow, and called the following witnesses.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18811212-name-181" type="witnessName">
<interp inst="t18811212-name-181" type="gender" value="male"/>
<interp inst="t18811212-name-181" type="surname" value="MUNN"/>
<interp inst="t18811212-name-181" type="given" value="JOHN"/>JOHN MUNN</persName> </hi>. I am a partner in the firm of Foyle and Munn—Mr. Neale called at my hotel at Londonderry at the end of September or the beginning of October; I was not in; he left a message, and I went to his hotel and saw him—he had some conversation with me in reference to Mackintosh, and I gave him some information—my father was a corn merchant in Londonderry between 1862 and 1865, and I was in his employment in the steamboat department—while so employed I was cognisant of loads of oatmeal being sent to Mackintosh at Glasgow—they passed under my notice in the steamers—I was responsible for them—I was sent to Glasgow by my father, and I was recommended to Messrs. Hannay, the solicitors, and any information which I gave was my father's written instructions, which I showed to those gentlemen, and they took the necessary proceedings—the statements sent by my father were correct as far as I was aware—Mr. Graham was really the representative of my father—Mr. Graham was in business in Londonderry, and I operated under my father—I have lost sight of him for many years, and do not know, where to find him—I knew Mr. Christie in business, and I know that he</p>
<xptr type="pageFacsimile" doc="188112120048"/>
<p>knew Mr. Mackintosh—I mentioned Mr. Christie's name to Mr. Neale—Mr. McCorkill is alive—I mentioned his name to Mr. Neale, not Mr. McCall's—there are so many McEwans in Glasgow that I only know the name from memory, and I told Mr. Neale that I only spoke from hearsay—I believed that McEwan was the uncle—I was not cognisant, apart from the information given me by my father, of the terms given to Mr. Mackintosh—I simply heard my father's account—I never mentioned Mr. Christie or Mr. McCall—my information was that it was generally sent from John Munn to the consignor's order—I mentioned to Mr. Neale that there was something between him and my father—I knew there was some misunderstanding between them—I told him that Mr. Mackintosh had returned some drafts, and that my father was rather put about—I do not think I saw accounts of sales—I told Neale that I was sent over by my father to find out, and I found Mackintosh had gone to London, as I was informed—I told him what had become of Mackintosh's estate, and that Mr. Mackintosh got possession of the corn and disposed of it—I also told Neale that Mackintosh's difficulties arose from betting on a horse called Prince Charlie, and that I went up to London after Mackintosh—after going to London I went back to Londonderry, and was sent back to Glasgow—when I was at Londonderry I believe some proceedings were taken as to getting a warrant, but I did not take them—after going back to Londonderry I did not come back to London with a constable of the Irish Constabulary—I do not know a person named McHale, nor did I then—I called at Scotland Yard while I was in London about the middle of June, and saw Inspector Tanner—Mr. Graham was with me—I cannot recollect whether I had telegraphed to London before that from the George Hotel, Glasgow—I cannot swear whether this (
<hi rend="italic">produced</hi>) is the telegram I sent, it is so long ago; very likely it may be—I was at Glas
<lb/>gow about 12th June, 1865, and the George Hotel is where I always stop—my name is not J. W. Munn, but John Munn—there is no J. W. Munn that I am aware of. (
<hi rend="italic">Read</hi>: "12th June, 1865.—Have you got Mackintosh? I am going to London to-night and swear information if necessary. Reply by N. W. Telegraph Company.") I came to London with Mr. Graham—I went to Scotland Yard once a day, at any rate, for about 10 days—Inspector Tanner was the person I saw—when I saw Mr. Neale I told him that after I had left London anything that I heard was hearsay, and that I was told about the man they called Mackin
<lb/>tosh; that he had been followed to Aix-la-Chapelle—there was men
<lb/>tion that there was a lady in question; I told him that I had heard so; I did not tell him any more about the lady—I told him that I had heard that he had promised to come back to England—that is all I told him, to the best of my recollection—any information that I had about the case after I left London was from my father—I went to Germany after leaving London, and then home, and then to Germany—any communica
<lb/>tion I had was by letter from my father—I went to Brabant, not to Aix-la-Chapelle—I told Mr. Neale that I had heard Mackintosh had come back, and then I mentioned Mr. McEwan's name, in which I made a mistake, no doubt—it was in reference to the settlement that this rela
<lb/>tion of his had guaranteed the payment of the premiums on the policy, and that my father had accepted the arrangement—the statement in the letter is certainly wrong—it was not on condition that, he should leave England and not return—he was leaving England, and to make it certain</p>
<xptr type="pageFacsimile" doc="188112120049"/>
<p>for my father we got this friend to guarantee the payment of the pre
<lb/>miums—before I saw Mr. Neale I was not aware that Mr. Mackintosh was back in England—Mr. Neale asked me if I would come into the witness-box—I told him that I would if I could get corroborative evi
<lb/>dence in the shape of letter; I mean letters from my father to Mr. Mackintosh, or his letters to my father; and Mr. Neale promised me that night when I saw him in his bedroom that there should be no use made of the information unless I could get the letters—I believe Mr. Neale called on me once or twice, and I went round to his room at 11 o'clock at night—I did not say anything about Mr. Christie or Mr. McCall having interests in the policy.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I only saw Mr. Neale for about a quarter of an hour in his bedroom, he being in bed—I had been dining with a friend, and when I arrived at the hotel the manager told me that a Mr. Neale had called on me; a very old schoolfellow of mine, I may tell you, was a Mr. Neale—Mr. Neale had left a message to say that he was going away by the 7 o'clock train in the morning and wished to see me particularly, and I went over thinking to see my old friend, or I should not have gone—he was not my old friend, and I was rather taken a back; I had not the remotest notion of who he was—he spoke first; he opened the con
<lb/>versation; as far as I recollect he began telling me that he was over here on information relative to Mr. Mackintosh; in fact, he gave me a kind of
<hi rend="italic">precis</hi> of the case; he evidently knew all about it before I saw him—he asked me if I knew that Mackintosh was for some years"—he said that he was, and Mr. Dudgeon or Mr. Chalmers, I forget which, was having a lawsuit, that there was a Chancery suit going on, and they wanted to get any information they could relative to Mr. Mackintosh—he did not tell me that Mr. Mackintosh had bolted from Glasgow with a girl; that is totally wrong—I never told him that, or that I had heard it; it is all a fiction—I told him that I had heard he had gone to Aix
<lb/>la-Chapelle—he said there was a Chancery suit pending, and there was something about a wife's settlement, or something of that kind; I really can't recollect the exact words he used; he did not take any notes—I was sitting at the side of the bed, like a doctor—I think we had some was sitting at the side of the bed, like a doctor—I think we had some whisky and water, I am not sure—I said that the man they took to be Mackintosh was followed to Ascot—I did not say that he had changed his clothes with a girl there and escaped—I did not tell him that the detective and I followed him to Aix-la-Chapelle, and captured him in his bedroo