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<p>CENTRAL CRIMINAL COURT</p>
<p>Sessions Paper.</p>
<p>WHITEHEAD, MAYOR.</p>
<p>FIRST SESSION, HELD NOVEMBER 19TH, 1888.</p>
<p>MINUTES OF EVIDENCE.</p>
<p>TAKEN IN SHORT-HAND, BY</p>
<p>JAMES DROVER BARNETT</p>
<p>AND</p>
<p>ALEXANDER BUCKLER,</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>VOL. CIX.</p>
<p>SESSIONS I. TO VI.</p>
<p>LONDON:</p>
<p>STEVENS AND SONS, 119, CHANCERY LANE,</p>
<p>Law Booksellers and Publishers.</p>
<xptr type="pageFacsimile" doc="188811190003"/>
<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 THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION</p>
<p>OF THE</p>
<p>CENTRAL CRIMINAL COURT,</p>
<p>Including cases committed to this Court under Order in Council pursuant to the Winter Assize Act of 1879,</p>
<p>Held on Monday, November 19th, 1888, and following days.</p>
<p>
<hi rend="smallCaps">BEFORE</hi> the
<hi rend="smallCaps">RIGHT HON</hi>.
<hi rend="largeCaps">
<persName id="t18881119-name-1" type="judiciaryName">
<interp inst="t18881119-name-1" type="gender" value="male"/>
<interp inst="t18881119-name-1" type="surname" value="WHITEHEAD"/>
<interp inst="t18881119-name-1" type="given" value="JAMES"/>JAMES WHITEHEAD</persName> </hi>,
<hi rend="smallCaps">ESQ.</hi>,
<hi rend="largeCaps">LORD MAYOR</hi> of the City of London; the Hon. Sir
<hi rend="smallCaps">
<persName id="t18881119-name-2" type="judiciaryName">
<interp inst="t18881119-name-2" type="gender" value="male"/>
<interp inst="t18881119-name-2" type="surname" value="HAWKINS"/>
<interp inst="t18881119-name-2" type="given" value="HENRY"/>HENRY HAWKINS</persName> </hi>, Knt., one of the Justices of Her Majesty's High Court of Justice; Sir
<hi rend="smallCaps">
<persName id="t18881119-name-3" type="judiciaryName">
<interp inst="t18881119-name-3" type="gender" value="male"/>
<interp inst="t18881119-name-3" type="surname" value="GABRIEL"/>
<interp inst="t18881119-name-3" type="given" value="THOMAS"/>THOMAS GABRIEL</persName> </hi>, Bart., Sir
<hi rend="smallCaps">
<persName id="t18881119-name-4" type="judiciaryName">
<interp inst="t18881119-name-4" type="gender" value="male"/>
<interp inst="t18881119-name-4" type="surname" value="DAKIN"/>
<interp inst="t18881119-name-4" type="given" value="THOMAS"/>THOMAS DAKIN</persName> </hi>, Knt., Sir
<hi rend="smallCaps">
<persName id="t18881119-name-5" type="judiciaryName">
<interp inst="t18881119-name-5" type="gender" value="male"/>
<interp inst="t18881119-name-5" type="surname" value="FOWLER"/>
<interp inst="t18881119-name-5" type="given" value="ROBERT NICHOLAS"/>ROBERT NICHOLAS FOWLER</persName> </hi>, Bart., M. P., Aldermen of the said City; Sir
<hi rend="smallCaps">
<persName id="t18881119-name-6" type="judiciaryName">
<interp inst="t18881119-name-6" type="gender" value="male"/>
<interp inst="t18881119-name-6" type="surname" value="CHAMBERS"/>
<interp inst="t18881119-name-6" type="given" value="THOMAS"/>THOMAS CHAMBERS</persName> </hi>, Knt., Q. C., Recorder of the City;
<hi rend="smallCaps">
<persName id="t18881119-name-7" type="judiciaryName">
<interp inst="t18881119-name-7" type="gender" value="male"/>
<interp inst="t18881119-name-7" type="surname" value="KNILL"/>
<interp inst="t18881119-name-7" type="given" value="STUART"/>STUART KNILL</persName> </hi>, Esq.,
<hi rend="smallCaps">
<persName id="t18881119-name-8" type="judiciaryName">
<interp inst="t18881119-name-8" type="gender" value="male"/>
<interp inst="t18881119-name-8" type="surname" value="TYLER"/>
<interp inst="t18881119-name-8" type="given" value="GEORGE ROBERT"/>GEORGE ROBERT TYLER</persName> </hi>, Esq.,
<hi rend="smallCaps">
<persName id="t18881119-name-9" type="judiciaryName">
<interp inst="t18881119-name-9" type="gender" value="male"/>
<interp inst="t18881119-name-9" type="surname" value="WILKIN"/>
<interp inst="t18881119-name-9" type="given" value="WALTER HENRY"/>WALTER HENRY WILKIN</persName> </hi>, Esq.,
<persName id="t18881119-name-10" type="judiciaryName">
<interp inst="t18881119-name-10" type="gender" value="male"/>
<interp inst="t18881119-name-10" type="surname" value="RENALS"/>
<interp inst="t18881119-name-10" type="given" value="JOSPEH"/>
<hi rend="smallCaps">JOSEPH RENALS</hi> </persName>, Esq.,
<persName id="t18881119-name-11" type="judiciaryName">
<interp inst="t18881119-name-11" type="gender" value="male"/>
<interp inst="t18881119-name-11" type="surname" value="PHILLIPS"/>
<interp inst="t18881119-name-11" type="given" value="GEORGE FAUDEL"/>
<hi rend="smallCaps">GEORGE FAUDEL PHILLIPS</hi> </persName>, Esq., other of the Aldermen of the said City; and Sir
<hi rend="smallCaps">
<persName id="t18881119-name-12" type="judiciaryName">
<interp inst="t18881119-name-12" type="gender" value="male"/>
<interp inst="t18881119-name-12" type="surname" value="CHARLEY"/>
<interp inst="t18881119-name-12" type="given" value="WILLIAM THOMAS"/>WILLIAM THOMAS CHARLEY</persName> </hi>, Knt., Q. C., D. C. L., Common Serjeant of the said City; Her Majesty's Justices of Oyer and Terminer, and General Gaol Delivery, holden for the said City, and Judges of the Central Criminal Court.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-13" type="judiciaryName">
<interp inst="t18881119-name-13" type="gender" value="male"/>
<interp inst="t18881119-name-13" type="surname" value="GRAY"/>
<interp inst="t18881119-name-13" type="given" value="EDWARD JAMES"/>EDWARD JAMES GRAY</persName> </hi>, Esq., Alderman,</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-14" type="judiciaryName">
<interp inst="t18881119-name-14" type="gender" value="male"/>
<interp inst="t18881119-name-14" type="surname" value="NEWTON"/>
<interp inst="t18881119-name-14" type="given" value="ALFRED JAMES"/>ALFRED JAMES NEWTON</persName> </hi>, Esq.,</p>
<p>
<hi rend="italic">Sheriffs.</hi> </p>
<p>
<persName id="t18881119-name-15" type="judiciaryName">
<interp inst="t18881119-name-15" type="gender" value="male"/>
<interp inst="t18881119-name-15" type="surname" value="METCALFE"/>
<interp inst="t18881119-name-15" type="given" value="FREDERICK KYNASTON"/>
<hi rend="smallCaps">FREDERICK KYNASTON METCALFE</hi> </persName>, Esq.,</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-16" type="judiciaryName">
<interp inst="t18881119-name-16" type="gender" value="male"/>
<interp inst="t18881119-name-16" type="surname" value="HALSE"/>
<interp inst="t18881119-name-16" type="given" value="CLARENCE RICHARD"/>CLARENCE RICHARD HALSE</persName> </hi>, Esq.,</p>
<p>
<hi rend="italic">Under-Sheriffs.</hi> </p>
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<p>
<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi>.</p>
<p>
<hi rend="largeCaps">WHITEHEAD, MAYOR. FIRST SESSION</hi>.</p>
<p>
<hi rend="italic">A star</hi> (*)
<hi rend="italic">denotes that prisoners have been previously in custody—two stars</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, November</hi> 19, 1888.</p>
<p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
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<p>1.
<persName id="def1-1-18881119" type="defendantName">
<interp inst="def1-1-18881119" type="gender" value="male"/>
<interp inst="def1-1-18881119" type="age" value="29"/>
<interp inst="def1-1-18881119" type="surname" value="BRABAZON"/>
<interp inst="def1-1-18881119" type="given" value="MARTIN VIGNOLES"/>
<hi rend="largeCaps">MARTIN VIGNOLES BRABAZON</hi> (29)</persName> was indicted
<rs id="t18881119-1-offence-1" type="offenceDescription">
<interp inst="t18881119-1-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18881119-1-offence-1" type="offenceSubcategory" value="fraud"/> for un-lawfully obtaining various sums of money by false pretences from
<persName id="t18881119-name-18" type="victimName">
<interp inst="t18881119-name-18" type="gender" value="male"/>
<interp inst="t18881119-name-18" type="surname" value="ROSSITER"/>
<interp inst="t18881119-name-18" type="given" value="JAMES THOMAS"/>
<interp inst="t18881119-name-18" type="occupation" value="solicitor"/>
<join result="offenceVictim" targOrder="Y" targets="t18881119-1-offence-1 t18881119-name-18"/>James Thomas Rossiter</persName>.</rs> </p>
<p>
<hi rend="smallCaps">MR. FRASER</hi>
<hi rend="italic">Prosecuted.</hi>
<hi rend="smallCaps">MR. BESLEY</hi>
<hi rend="italic">Defended.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-19" type="witnessName">
<interp inst="t18881119-name-19" type="gender" value="male"/>
<interp inst="t18881119-name-19" type="surname" value="ROSSITER"/>
<interp inst="t18881119-name-19" type="given" value="JAMES THOMAS"/>JAMES THOMAS ROSSITER</persName> </hi>. I am a solicitor, of 37, Coleman Street. On 18th June the prisoner called on me with Mr. Toll, who told me, in his presence, that the prisoner had a reversionary interest under the will of Mrs. Henrietta Frances Salter; this copy of the will was produced. Mr. Toll said that the prisoner's mother had a life interest, that she had two children who were entitled in reversion, viz., the prisoner and his sister, Mrs. Julia Wallington, that a Mr. Coulson had lent him £50 on mortgage, and, except as to that £50, it was free from incumbrance. Mr. Toll also said that Mr. Coulson had received a letter from the trustee, the prisoner's aunt, stating that she had received no notice of any charge or incumbrance, that the prisoner wished me to pay off Mr. Coulson and lend him a further sum—I asked the prisoner if these representations were correct—he said they were—I referred to the pencil notes on the copy of the will, and told him I should require a declaration in support of his statement—he said he would make it. On 20th June he came again, and I paid him £3 on the faith of these representations, and on the 21st I paid him £2. On the 23rd he came again with Mr. Toll—I think the statutory declaration was then made—my clerk went out with him to the commissioner, Mr. Hodson, and he executed the declaration and also the mortgage—the mortgage recites that I had paid off Coulson. On the 25th June the prisoner came again; I then paid him £5 by cheque</p>
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<p>on the London and South-Western Bank—in pursuance of the arrangement with the prisoner I paid Coulson £63 4
<hi rend="italic">s</hi>. 7
<hi rend="italic">d</hi>.—the transfer of the mortgage was taken for it. On 26th June the prisoner and Toll came again to my office—he handed me the letter purporting to be written by the trustee, Mrs. Salter, to Coulson—
<hi rend="italic">letter read,</hi> 25th May, 1888: "Sir,—At the request of my nephew, I beg to inform you that I have already answered similar applications to yours to a Mr. Brassfield, but up to the present time have not received notice of any charge—the investment is in the names of trustees in Midland stock." I then said I would make a further advance, and I paid him £5 in cash and £36 15
<hi rend="italic">s</hi>. 5
<hi rend="italic">d</hi>. by this cheque—that is endorsed by the prisoner, and was paid by my bankers, on the same day the prisoner signed this account, showing that I had advanced him £135—I parted with that money on the representations made that he was entitled to the reversionary interest, free from incumbrance, except the £50, which I paid off—subsequently I attempted to give notice of my charge to the trustee, Mrs. Salter—I received a reply from her—in consequence of that I made certain inquiries—the result was I took these proceedings.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I first took criminal proceedings about 9th August—there were several hearings—Mr. Timbrell was not a witness; he was before the Grand Jury at my request—I know nothing of a Mr. Callisher—I do not know that Messrs. Green and Cheese were Mr. Callisher's solicitors—the transaction with Green and Cheese was, I believe, on 9th October, 1879—I believe the prisoner came of age in October—I suppose Mr. Toll is an intermediary who gets money lent on security—I do not give him a commission on introductions; I suppose he has to get it from the borrowers—Mr. Toll is in Court—I have never called him as a witness—I have never charged him with conspiring with Mr. Brabazon; it is a difficult matter to prove—he was a client of mine four years ago—he was not a stranger when he came to me—I have not on many occasions advanced money when there has been a chance of costs for the offer of a mortgage—the writing of this paper is all mine except the signature; that is rather shaky—the £25 was given to him personally—I took a transfer of the mortgage from Coulson—as far as I know the prisoner's mother is alive—Mr. Toll told me afterwards that there was a reversionary interest under the will of the prisoner's great uncle, Mr. Middleton—I have not had many conversations with Mr. Toll when the prisoner was not present, not during the period when I lent the money—I did not have a long interview with him before I parted with my money—I had one or two interviews with him alone—he told me that he was being sued by creditors, and that he wanted a little money—I did not learn that a suit was commenced in Chancery by the prisoner against the executors of Cheese and Green—the body of the statutory declaration is in my clerk's writing—I do not think I shall have a good civil claim for the money I have advanced—assuming the document is set aside as to Mr. Green, I shall not be entitled to a shilling, because there are others before me—I don't think it would be worth while to proceed; I should not care to take a judgment, I don't think it would be worth anything—I don't know that I might have liked the mother to pay the money—it might have been nicer in the first instance—if the proceedings had not been commenced I should not have objected to take the money; I must wait till that time comes.</p>
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<p>
<hi rend="italic">Re-examined.</hi> If I had seen any chance of getting the money by fair means I should not have thought of a prosecution—every shilling of the £135 was paid to the prisoner, except £50 12
<hi rend="italic">s</hi>. 7
<hi rend="italic">d</hi>. paid to Coulson and 12 guineas to Coulson's solicitor.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-20" type="witnessName">
<interp inst="t18881119-name-20" type="gender" value="male"/>
<interp inst="t18881119-name-20" type="surname" value="CHEESE"/>
<interp inst="t18881119-name-20" type="given" value="CLEMENT"/>CLEMENT CHEESE</persName> </hi>. I am a solicitor in practice at 123, Pall Mall. I attested the execution of this deed on 24th October, 1879—the prisoner is the man who executed it.</p>
<p>
<hi rend="italic">Cross-examined.</hi> Green and Cheese were solicitors—Callisher was never their client—we never acted for them, we have against them—Engel was never our client—I don't think Callisher introduced the prisoner to us—the prisoner told me he had £400 from Callisher on the day the deed was signed—after these proceedings were commenced a writ to cancel this document was served on me—the prisoner did not call from time to time to ask when he was to have his £400, nor did I or my partner to my knowledge tell him that I had been unable to negotiate it, and that he must consider the matter at an end; it was going on for some time—I was examined at the Police-court, and signed the depositions, and the thing was over—I did not come back to be cross-examined—I was not wanted—a long time after that I went away for my holiday in the usual way—I was never asked to be cross-examined—I have this paper signed by the prisoner to show that he had money of Callisher—it was handed to me by Callisher, to hold between the parties—this was not sued on, Callisher was to take the money out of the proceeds—the date of the bill is 14th October, 1879; that was the first I heard of it—from the year 1879 I took no proceedings for the prisoner against Callisher; I took no proceedings myself against the prisoner or on behalf of Callisher, there was no reason for any; nor on behalf of Engel—I did not act for Engel—there was no power of attorney to sell the property for £400; it is an assignment to Green for certain purposes—this is the cheque for £25; it is dated 24th October, 1879; it has been through my bankers; there is a receipt for it on the deed, no other would be required—the cheque is in my writing—I handed it to him; he executed the deed in my presence—I think he signed the back of the cheque at the bank—he did not give it back to me—neither Callisher nor Engel had it—I should think he cashed it at the bank—I did not cash it—a further sum of £5 was advanced to the prisoner on 5th November, 1879 by this cheque—I have a receipt for that cheque, because there was no receipt for it on the deed—the £5 cheque and the receipt for it are in my late partner's handwriting—they were not given in my presence—only the £5 on 5th November, and the receipt for it, and the bill for £400 were given in my presence—the two £5 and the bill of exchange which Callisher brought us were all in 1879—the bill of exchange had to be put in our possession to show money was owing; it has never been discounted—there was no occasion to sue the prisoner—the reversion of the property was sold by Green; the deed shows it—we got this assignment of the power of sale from the prisoner—Engel was not our client, he was a solicitor represented by another firm—the reversion was not put up to auction—the prisoner knew the thing was sold—I don't know when the reversion was sold, but he must have been several times at the office—he was sure to have known that all matters had come to an end—there was nothing for him to do; it would not have been right to ask him to sign</p>
<xptr type="pageFacsimile" doc="188811190007"/>
<p>anything in order to perfect our title to Engel—the £400 was advanced by Callisher on statements made by the prisoner which turned out to be untrue—I was not present to see any money paid by Callisher—the prisoner was not my client—the reversion to £3000 on the death of a lady 56 years of age was worth more than that at the time on the prisoner's statements—it was not disposed of at the time without consultation—I sold it to Engel for £175—Engel must have paid the money—the balance was handed to Callisher; there is no. acknowledgement on the back by Callisher, we took the bill to dispose of—I cannot say now how much I gave Callisher, but it was the balance after deducting the £25—Callisher had £120, he lost £300—1 do not know that he did not lend his own money—I think there is only one Engel, he may have lent the money—I don't know if he lent it as a friend of Callisher—the whole thing was settled in 1880, when I settled with Callisher by giving him £125—the bill of exchange was handed to us—there was no necessity to write off that it was satisfied to the extent of £120—I did not act as solicitor for Callisher—I don't know if he introduced the young minor to me—I never acted for Engel, whether the money-lender or solicitor—we deducted our charges in the matter of Engel from the purchase money—we did not ask the prisoner to sign any deed confirming our sale to Engel, we could not do it, it would be absurd—the writ to set aside this deed was issued after the institution of the prosecution.</p>
<p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. Nothing has come of it; it was 8 years after the transaction came to an end.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-21" type="witnessName">
<interp inst="t18881119-name-21" type="gender" value="male"/>
<interp inst="t18881119-name-21" type="surname" value="WELSH"/>
<interp inst="t18881119-name-21" type="given" value="HARRY"/>HAREY WELSH</persName> </hi>. I am a clerk in the employment of Beyfus and Beyfus, Solicitors, of Lincoln's Inn Fields—we were acting as solicitors for Mr. Engel—I produce this notice to the trustee, Miss Salter; it was sent in duplicate to her, and she sent it back with her signature on the back, saying she had received a true copy of it. (
<hi rend="italic">The notice was dated 23rd April,</hi> 1880.) Our firm are bringing a Chancery action in relation to the late Mr. Callisher's estate—he has been dead 2 or 3 years.</p>
<p>
<hi rend="italic">Cross-examined.</hi> Beyfus and Beyfus had some transactions with Engel and callisher; I don't know that they worked together—I have been with them 9 years; I only attend to Chancery matters—I don't know if my principals attend to money-lending matters—there is Mr. Albert Engel and Mr. Samuel Engel—I don't know about Mr. Callisher's business—the notice is one not to part with her share of the interest under the will except to Engel.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-22" type="witnessName">
<interp inst="t18881119-name-22" type="gender" value="male"/>
<interp inst="t18881119-name-22" type="surname" value="BARNES"/>
<interp inst="t18881119-name-22" type="given" value="ARTHUR LAMBERT"/>ARTHUR LAMBERT BARNES</persName> </hi>. I am clerk to Mr. Rossiter—on 23rd June I saw the prisoner at our office, and I handed him that declaration which has been put in—I told him to read it—I afterwards went with him to 62, Coleman Street, to Mr. Hodgson, a commissioner, before whom he declared in the usual form—I saw him sign it.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I wrote it—I did not notice whether the prisoner read it or not—I did not read it to him—I told him to read it.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-23" type="witnessName">
<interp inst="t18881119-name-23" type="gender" value="male"/>
<interp inst="t18881119-name-23" type="surname" value="HODGSON"/>
<interp inst="t18881119-name-23" type="given" value="CAMPBELL MAJORIBANKS"/>CAMPBELL MAJORIBANKS HODGSON. I</persName> </hi> am a solicitor and a commissioner duly appointed to administer oaths—I produce my commission—on 23rd June I took this declaration.</p>
<p>
<hi rend="smallCaps">MR. TIMBRELL</hi>. I am a solicitor of 2, Church Court, Clement's Lane—in August last year the prisoner came to me, and I was instructed to act as his solicitor in the matter of this deed—the prisoner gave me this charge on the property, which I saw him sign—in respect of it I</p>
<xptr type="pageFacsimile" doc="188811190008"/>
<p>advanced him at odd times £21—the prisoner represented that these interests were uncharged—I only lent him money for subsistence while I was obtaining a loan for him on the property.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I acted as his solicitor from the middle of August till 5th November, 1887, I think—he was indebted to me £21—I have not asked him to execute a legal charge, this charge is perfectly valid—he undertakes to make a legal mortgage on being required to do so—I have not required him to do so, the charge is sufficient without it—I was not examined at the Police-court, I did not know there were proceedings—I went before the Grand Jury—the loan of £1,200 was to be on the two wills, the Salter and Middleton wills—I never heard the names of Callisher, or Engel, or Beyfus, or Green, or Cheese in the matter.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-24" type="witnessName">
<interp inst="t18881119-name-24" type="gender" value="male"/>
<interp inst="t18881119-name-24" type="surname" value="LYTHEL"/>
<interp inst="t18881119-name-24" type="given" value="SAMUEL"/>SAMUEL LYTHEL</persName> </hi> (
<hi rend="italic">Detective Sergeant, City</hi>). On the 8th August I arrested the prisoner, under a warrant for non-appearance to a summons, in a public-house in Stamford Road, Fulham—I told him who I was, and said, "I shall arrest you on a warrant; you did not appear to the summons yesterday"—he replied that he had been ill advised.</p>
<p>
<hi rend="italic">Cross-examined.</hi> The Alderman at Guildhall let him out on £20 bail.</p>
<p>
<rs id="t18881119-1-verdict-1" type="verdictDescription">
<interp inst="t18881119-1-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18881119-1-verdict-1" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="smallCaps">GUILTY</hi>. —
<hi rend="italic">Strongly recommended to mercy by the Jury on account of his youth and his having been led away by money-lenders and other people.</hi> </rs>
<rs id="t18881119-1-punishment-1" type="punishmentDescription">
<interp inst="t18881119-1-punishment-1" type="punishmentCategory" value="miscPunish"/>
<interp inst="t18881119-1-punishment-1" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-1-18881119 t18881119-1-punishment-1"/>
<hi rend="italic"> To enter into his recognisance to appear for judgment.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18881119-2">
<interp inst="t18881119-2" type="uri" value="sessionsPapers/18881119"/>
<interp inst="t18881119-2" type="date" value="18881119"/>
<join result="criminalCharge" id="t18881119-2-charge-1" targOrder="Y" targets="def1-2-18881119 t18881119-2-offence-1 t18881119-2-verdict-1"/>
<p>2.
<persName id="def1-2-18881119" type="defendantName">
<interp inst="def1-2-18881119" type="gender" value="male"/>
<interp inst="def1-2-18881119" type="age" value="33"/>
<interp inst="def1-2-18881119" type="surname" value="PLUMMER"/>
<interp inst="def1-2-18881119" type="given" value="GEORGE HENRY"/>
<interp inst="def1-2-18881119" type="occupation" value="employed in the Post Office"/>
<hi rend="largeCaps">GEORGE HENRY PLUMMER</hi> (33)</persName>
<hi rend="smallCaps">
<rs id="t18881119-2-verdict-1" type="verdictDescription">
<interp inst="t18881119-2-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18881119-2-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18881119-2-offence-1" type="offenceDescription">
<interp inst="t18881119-2-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18881119-2-offence-1" type="offenceSubcategory" value="mail"/>to two indictments for stealing whilst employed in the Post Office, two letters containing postal orders for the payment of 5
<hi rend="italic">s</hi>. each.—</rs>
<hi rend="italic">
<rs id="t18881119-2-punishment-2" type="punishmentDescription">
<interp inst="t18881119-2-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t18881119-2-punishment-2" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-2-18881119 t18881119-2-punishment-2"/>Five Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18881119-3">
<interp inst="t18881119-3" type="uri" value="sessionsPapers/18881119"/>
<interp inst="t18881119-3" type="date" value="18881119"/>
<join result="criminalCharge" id="t18881119-3-charge-1" targOrder="Y" targets="def1-3-18881119 t18881119-3-offence-1 t18881119-3-verdict-1"/>
<p>3.
<persName id="def1-3-18881119" type="defendantName">
<interp inst="def1-3-18881119" type="gender" value="male"/>
<interp inst="def1-3-18881119" type="age" value="54"/>
<interp inst="def1-3-18881119" type="surname" value="WILLIAMS"/>
<interp inst="def1-3-18881119" type="given" value="WILLIAM HENRY"/>
<hi rend="largeCaps">WILLIAM HENRY WILLIAMS</hi> (54)</persName>
<rs id="t18881119-3-verdict-1" type="verdictDescription">
<interp inst="t18881119-3-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18881119-3-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image]</rs>
<rs id="t18881119-3-offence-1" type="offenceDescription">
<interp inst="t18881119-3-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18881119-3-offence-1" type="offenceSubcategory" value="fraud"/> to unlawfully obtaining small sums of money from various persons by false pretences, and to a previous conviction of a like offence.—</rs>
<rs id="t18881119-3-punishment-3" type="punishmentDescription">
<interp inst="t18881119-3-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t18881119-3-punishment-3" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-3-18881119 t18881119-3-punishment-3"/>
<hi rend="italic">Twelve Months' Hard Labour.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18881119-4">
<interp inst="t18881119-4" type="uri" value="sessionsPapers/18881119"/>
<interp inst="t18881119-4" type="date" value="18881119"/>
<join result="criminalCharge" id="t18881119-4-charge-1" targOrder="Y" targets="def1-4-18881119 t18881119-4-offence-1 t18881119-4-verdict-1"/>
<p>4.
<persName id="def1-4-18881119" type="defendantName">
<interp inst="def1-4-18881119" type="gender" value="male"/>
<interp inst="def1-4-18881119" type="age" value="22"/>
<interp inst="def1-4-18881119" type="surname" value="STORER"/>
<interp inst="def1-4-18881119" type="given" value="JAMES HERBERT"/>
<interp inst="def1-4-18881119" type="occupation" value="employed in the Post Office"/>
<hi rend="largeCaps">JAMES HERBERT STORER</hi> (22)</persName>
<rs id="t18881119-4-verdict-1" type="verdictDescription">
<interp inst="t18881119-4-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18881119-4-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image]</rs>
<rs id="t18881119-4-offence-1" type="offenceDescription">
<interp inst="t18881119-4-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18881119-4-offence-1" type="offenceSubcategory" value="mail"/> to stealing whilst employed in the Post Office, a letter containing money and stamps.—</rs>
<rs id="t18881119-4-punishment-4" type="punishmentDescription">
<interp inst="t18881119-4-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t18881119-4-punishment-4" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-4-18881119 t18881119-4-punishment-4"/>
<hi rend="italic">Eighteen Months' Hard Labour.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18881119-5">
<interp inst="t18881119-5" type="uri" value="sessionsPapers/18881119"/>
<interp inst="t18881119-5" type="date" value="18881119"/>
<join result="criminalCharge" id="t18881119-5-charge-1" targOrder="Y" targets="def1-5-18881119 t18881119-5-offence-1 t18881119-5-verdict-1"/>
<p>5.
<persName id="def1-5-18881119" type="defendantName">
<interp inst="def1-5-18881119" type="gender" value="male"/>
<interp inst="def1-5-18881119" type="age" value="29"/>
<interp inst="def1-5-18881119" type="surname" value="HARBER"/>
<interp inst="def1-5-18881119" type="given" value="STEPHEN JOHN"/>
<interp inst="def1-5-18881119" type="occupation" value="employed in the Post Office"/>
<hi rend="largeCaps">STEPHEN JOHN HARBER</hi> (29)</persName>
<rs id="t18881119-5-verdict-1" type="verdictDescription">
<interp inst="t18881119-5-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18881119-5-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image]</rs>
<rs id="t18881119-5-offence-1" type="offenceDescription">
<interp inst="t18881119-5-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18881119-5-offence-1" type="offenceSubcategory" value="mail"/> to stealing whilst employed in the Post Office a bill of exchange for £87, also to four other indictments for stealing postal orders and forging endorsements on them and on the bill of exchange.—</rs>
<rs id="t18881119-5-punishment-5" type="punishmentDescription">
<interp inst="t18881119-5-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t18881119-5-punishment-5" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-5-18881119 t18881119-5-punishment-5"/>
<hi rend="italic">Seven Years' Penal Servitude.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18881119-6">
<interp inst="t18881119-6" type="uri" value="sessionsPapers/18881119"/>
<interp inst="t18881119-6" type="date" value="18881119"/>
<join result="criminalCharge" id="t18881119-6-charge-1" targOrder="Y" targets="def1-6-18881119 t18881119-6-offence-1 t18881119-6-verdict-1"/>
<p>6.
<persName id="def1-6-18881119" type="defendantName">
<interp inst="def1-6-18881119" type="gender" value="female"/>
<interp inst="def1-6-18881119" type="surname" value="HARBER"/>
<interp inst="def1-6-18881119" type="given" value="LOUISA JANE"/>
<hi rend="largeCaps">LOUISA JANE HARBER</hi> </persName>, his wife, was indicted
<rs id="t18881119-6-offence-1" type="offenceDescription">
<interp inst="t18881119-6-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18881119-6-offence-1" type="offenceSubcategory" value="receiving"/> for receiving the said stolen property, upon which no evidence was offered.</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18881119-6-verdict-1" type="verdictDescription">
<interp inst="t18881119-6-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18881119-6-verdict-1" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Monday, November</hi> 19
<hi rend="italic">th</hi>, 1888.</p>
<p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18881119-7">
<interp inst="t18881119-7" type="uri" value="sessionsPapers/18881119"/>
<interp inst="t18881119-7" type="date" value="18881119"/>
<join result="criminalCharge" id="t18881119-7-charge-1" targOrder="Y" targets="def1-7-18881119 t18881119-7-offence-1 t18881119-7-verdict-1"/>
<p>7.
<persName id="def1-7-18881119" type="defendantName">
<interp inst="def1-7-18881119" type="gender" value="male"/>
<interp inst="def1-7-18881119" type="age" value="68"/>
<interp inst="def1-7-18881119" type="surname" value="BUTLER"/>
<interp inst="def1-7-18881119" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES BUTLER</hi> (68)</persName>
<rs id="t18881119-7-offence-1" type="offenceDescription">
<interp inst="t18881119-7-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18881119-7-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully having counterfeit coin in his possession, with intent to utter it.</rs> </p>
<p>
<hi rend="smallCaps">MR. WILKINSON</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-31" type="witnessName">
<interp inst="t18881119-name-31" type="gender" value="male"/>
<interp inst="t18881119-name-31" type="surname" value="BEGG"/>
<interp inst="t18881119-name-31" type="given" value="JOHN"/>JOHN BEGG</persName> </hi> (
<hi rend="italic">Policeman E</hi>'261). On November 1st, about 10 a. m., I saw the prisoner standing at the corner of Wellington Street, Strand; he moved away and I followed him to Fleet Street and Ludgate Hill and across Blackfriars Bridge into the Cross Keys, Blackfriars Road—he remained there half an hour—I waited till he came out, and followed him into Stamford Street and Waterloo Road, and across Waterloo Bridge into the Strand and then to Charing Cross Station, where he waited in the general waiting room till a quarter to 1, when a woman joined him—they</p>
<xptr type="pageFacsimile" doc="188811190009"/>
<p>left together and went to Trafalgar Square and towards Leicester Square, where I lost sight of the woman—the prisoner returned by wav of Pall Mall to Duncannon Street, where he stood outside the Golden Cross Public-house till 20 minutes to 4, when he was again joined by the woman—they immediately left and went towards Trafalgar Square—she put her right hand under his coat-tail as if taking something out of his pocket; he then shook hands with her, and she went up St. Martin's Lane—I caught hold of the prisoner's wrist and said "I am a police officer, I shall search you on suspicion of having counterfeit coin in your possession"—he said nothing, but struggled very violently and endeavoured to get his hands into his overcoat pocket—two constables came and held his wrists, and I attempted to search him; he said, "You have made a mistake this time, I have got nothing with me."—I found in his right hip trousers pocket 3 counterfeit florins and 2 bent shillings wrapped up in separate packets in this paper (
<hi rend="italic">produced</hi>) with paper between each coin, and in his right trousers pocket 1
<hi rend="italic">s</hi>. and 5
<hi rend="italic">s</hi>. in bronze—I said, "I shall have to take you to Bow Street Police-station"—He said, "All right,
<hi rend="italic">Scotty,</hi> I am done. "</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-32" type="witnessName">
<interp inst="t18881119-name-32" type="gender" value="male"/>
<interp inst="t18881119-name-32" type="surname" value="LAWRENCE"/>
<interp inst="t18881119-name-32" type="given" value="HERBERT"/>HERBERT LAWRENCE</persName> </hi> (
<hi rend="italic">Policeman A</hi> 726). On 1st November, about 4 o'clock, I was on duty in Trafalgar Square and saw Begg and the prisoner struggling—I took one wrist and another constable the other, and Begg said, "You have coins on you I believe, I shall search you"—he said, "You have made a mistake this time, I have got nothing on me"—I saw Begg take from the right hip pocket of his trousers two small paper parcels, one containing 3 florins and the other 2 shillings, counterfeit—Begg said, "I shall take you to Bow Street Police-station"—he said, "All right,
<hi rend="italic">Scotty,</hi> you have done me this time, you have not put them on me"—he said nothing when the charge was read over.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-33" type="witnessName">
<interp inst="t18881119-name-33" type="gender" value="male"/>
<interp inst="t18881119-name-33" type="surname" value="WEBSTER"/>
<interp inst="t18881119-name-33" type="given" value="WILLIAM JOHN"/>WILLIAM JOHN WEBSTER</persName> </hi>. I am Inspector of Coin to Her Majesty's Mint—these 3 florins are counterfeit and 2 of them are from one mould—these 2 shillings are bad and from different moulds—they are wrapped in the usual manner.</p>
<p>
<hi rend="italic">Prisoner's Defence. I had been drinking for a day or two and this female came up and said,</hi> "
<hi rend="italic">Hold these things for me, I am in trouble</hi>";
<hi rend="italic">I put them in my hip pocket and my hand was hardly out before the officer seized me. I did not know what they were.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18881119-7-verdict-1" type="verdictDescription">
<interp inst="t18881119-7-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18881119-7-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<p>
<hi rend="italic">He then</hi>
<hi rend="smallCaps">PLEADED GUILTY**</hi>
<hi rend="italic">to a conviction of uttering counterfeit coin at this Court in February,</hi> 1885.—
<hi rend="italic">
<rs id="t18881119-7-punishment-6" type="punishmentDescription">
<interp inst="t18881119-7-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t18881119-7-punishment-6" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-7-18881119 t18881119-7-punishment-6"/>Twenty Months' Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18881119-8">
<interp inst="t18881119-8" type="uri" value="sessionsPapers/18881119"/>
<interp inst="t18881119-8" type="date" value="18881119"/>
<join result="criminalCharge" id="t18881119-8-charge-1" targOrder="Y" targets="def1-8-18881119 t18881119-8-offence-1 t18881119-8-verdict-1"/>
<p>8.
<persName id="def1-8-18881119" type="defendantName">
<interp inst="def1-8-18881119" type="gender" value="male"/>
<interp inst="def1-8-18881119" type="surname" value="PRICE"/>
<interp inst="def1-8-18881119" type="given" value="FREDERICK"/>
<hi rend="largeCaps">FREDERICK PRICE</hi> </persName>,
<rs id="t18881119-8-offence-1" type="offenceDescription">
<interp inst="t18881119-8-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18881119-8-offence-1" type="offenceSubcategory" value="coiningOffences"/>Unlawfully having counterfeit coin in his possession, with intent to utter it.</rs> </p>
<p>
<hi rend="smallCaps">MR. WILKINSON</hi>
<hi rend="italic">Prosecuted;</hi>
<hi rend="smallCaps">MR. HUTSON</hi>
<hi rend="italic">Defended,</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-35" type="witnessName">
<interp inst="t18881119-name-35" type="gender" value="female"/>
<interp inst="t18881119-name-35" type="surname" value="RANDELL"/>
<interp inst="t18881119-name-35" type="given" value="JANE"/>JANE RANDELL</persName> </hi>. My husband is a carver and gilder of 30, St. James Market, Jermyn Street, and I keep a provision shop there—on September 19th about 12. 15 a. m. I was shutting up the shop and saw the prisoner come from St. James Market and go to a doorway 4 or 5 yards from my door and put something in a corner of a doorstep—he stood there 2 or 3 minutes, saw me and tied up his shoes—he had a pair of brown shoes on with pointed toes, and I noticed that he had long white shirt cuffs—he then went round the corner into Market Street, and I went to see what was there and found two packets of money—I opened one of them in my shop and found some bad florins, I did not count them, they had paper</p>
<xptr type="pageFacsimile" doc="188811190010"/>
<p>between them—I had them in my hand just inside my door when the prisoner came back and went to the same doorway and then to the next, and looked and then went out of the Market—a policeman then came and the prisoner came back a third time and looked in all the doorways—I said "Have you lost anything?" he said, "Yes," and passed on looking in the doorways—he again left the-Market—the constable came and I showed him the two packets I had found, and described the man, and he afterwards brought the prisoner back in custody and said, "Is this the man?" I said yes—the prisoner said nothing—I handed the two packets to another constable, Jackson—there were three oil lamps in my shop window, my door was open and there were two street lamps, one at the end of the Market and the other 6 or 7 yards off—I have not the least doubt that the prisoner is the man.</p>
<p>
<hi rend="italic">Cross-examined.</hi> The two packets were separate—mine was the only shop open—the Whole thing took about ten minutes—I should be rather surprised to hear that he had boots on; they were brown yellow shoes—I think his cuffs were white with a light stripe—I told the constable that the prisoner had a white waistcoat on; I don't remember whether I said that he had striped cuffs or yellow shoes—I did not see anyone else about—when I said "Have you lost anything?" he answered me, and I saw his face, but he did not stop—he went up the Market placing his hands on his head—the constable and I were not together above two minutes—the constable said "Is this the man?" and I immediately said "Yes."</p>
<p>
<hi rend="italic">Re-examined.</hi> When he was taken I stayed in the shop; I had to finish shutting up—he looked at me while he was tying his bootlace.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-36" type="witnessName">
<interp inst="t18881119-name-36" type="gender" value="male"/>
<interp inst="t18881119-name-36" type="surname" value="UNDERDOWN"/>
<interp inst="t18881119-name-36" type="given" value="EDWARD"/>EDWARD UNDERDOWN</persName> </hi> (
<hi rend="italic">Policeman C</hi> 309). On 19th September, about 12. 15 a. m., I was on duty, and Mrs. Randell spoke to me—I went into her shop and she showed me two packets—I examined the open one—it contained ten bad florins—she described a man, and I went out and met the prisoner at the corner of Martin and Market Streets, about 20 yards from the shops—I said I should take him in custody for placing counterfeit coin under a doorstep—he made no reply, but struggled—I took him to Mrs. Randell's shop and said, "Is this the man?"—she said, "Yes"—I took him to the station, where Jackson handed me these coins—the prisoner had on a white waistcoat, brown boots, a brown coat, and a brown hard felt hat—I saw the second packet opened at the station; it contained six half-crowns, wrapped separately in paper, and each coin folded over—I found on him four florins, a shilling and 3
<hi rend="italic">d</hi>. in silver, and 1
<hi rend="italic">s</hi>. 1 1/4
<hi rend="italic">d</hi>. in bronze, all good—he was charged, and made no reply—he gave his address, 29, Osborne Street, but next morning at the Police-court he said 29, Oswin Street.</p>
<p>
<hi rend="italic">Cross-examined.</hi> He struggled very violently, and tried to put his legs between mine and throw me—I examined him at the station—he had boots on—if Mrs. Randell says that he had shoes on she has made a mistake—two or three men were about 10 yards off—I did not tell the Magistrate that the prisoner said "I do not know anything about it." (
<hi rend="italic">These words were in the witness's deposition.</hi>)</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-37" type="witnessName">
<interp inst="t18881119-name-37" type="gender" value="male"/>
<interp inst="t18881119-name-37" type="surname" value="JACKSON"/>
<interp inst="t18881119-name-37" type="given" value="EDWARD"/>EDWARD JACKSON</persName> </hi> (
<hi rend="italic">Policeman C R</hi> 6). underdown called me—I went to Mrs. Randell's shop and she handed me two packets, which I took to the station and gave to Underdown—one was open and I opened the other—I found in one six bad half-crowns and in the other ten bad florins.</p>
<xptr type="pageFacsimile" doc="188811190011"/>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-38" type="witnessName">
<interp inst="t18881119-name-38" type="gender" value="male"/>
<interp inst="t18881119-name-38" type="surname" value="WEBSTER"/>
<interp inst="t18881119-name-38" type="given" value="WILLIAM JOHN"/>WILLIAM JOHN WEBSTER</persName> </hi>. These ten florins and six half-crowns are counterfeit, and from several moulds.</p>
<p>
<hi rend="italic">The prisoner, in his statement before the Magistrate and in his defence, said that seeing a man place something on a doorstep and walk away he went up to see if it was anything of value, but finding nothing went to the other end of the passage, and was taken in custody.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-39" type="witnessName">
<interp inst="t18881119-name-39" type="gender" value="male"/>
<interp inst="t18881119-name-39" type="surname" value="UNDERDOWN"/>
<interp inst="t18881119-name-39" type="given" value="EDWARD"/>EDWARD UNDERDOWN</persName> </hi> (
<hi rend="italic">Re-examined</hi>). The prisoner's boots were laced up when I took him—I am not quite sure whether they were boots or shoes, but they were brown.</p>
<p>
<hi rend="smallCaps">
<rs id="t18881119-8-verdict-1" type="verdictDescription">
<interp inst="t18881119-8-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18881119-8-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Tuesday, November</hi> 20
<hi rend="italic">th</hi>, 1888.</p>
<p>
<hi rend="italic">Before Mr. Recorder,</hi> </p>
<div1 type="trialAccount" id="t18881119-9">
<interp inst="t18881119-9" type="uri" value="sessionsPapers/18881119"/>
<interp inst="t18881119-9" type="date" value="18881119"/>
<join result="criminalCharge" id="t18881119-9-charge-1" targOrder="Y" targets="def1-9-18881119 t18881119-9-offence-1 t18881119-9-verdict-1"/>
<p>9.
<persName id="def1-9-18881119" type="defendantName">
<interp inst="def1-9-18881119" type="gender" value="male"/>
<interp inst="def1-9-18881119" type="age" value="18"/>
<interp inst="def1-9-18881119" type="surname" value="WARNFORD"/>
<interp inst="def1-9-18881119" type="given" value="EDWARD"/>
<hi rend="largeCaps">EDWARD WARNFORD</hi> (18)</persName>
<rs id="t18881119-9-offence-1" type="offenceDescription">
<interp inst="t18881119-9-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18881119-9-offence-1" type="offenceSubcategory" value="pocketpicking"/>, Stealing a watch from the person of
<persName id="t18881119-name-41" type="victimName">
<interp inst="t18881119-name-41" type="gender" value="male"/>
<interp inst="t18881119-name-41" type="surname" value="SENDELL"/>
<interp inst="t18881119-name-41" type="given" value="FRANK GUY"/>
<interp inst="t18881119-name-41" type="occupation" value="plumber"/>
<join result="offenceVictim" targOrder="Y" targets="t18881119-9-offence-1 t18881119-name-41"/>Frank Guy Sendell</persName>.</rs> </p>
<p>
<hi rend="smallCaps">MR. ARTHUR GILL</hi>
<hi rend="italic">Prosecuted.</hi>
<persName id="t18881119-name-42" type="witnessName">
<interp inst="t18881119-name-42" type="gender" value="male"/>
<interp inst="t18881119-name-42" type="surname" value="SENDELL"/>
<interp inst="t18881119-name-42" type="given" value="FRANK GUY"/>
<hi rend="smallCaps">FRANK GUY SENDELL</hi> </persName>. I am a plumber of 5, Bristow Street, New North Road—on 9th November at 10 minutes to I was going down Fleet Street and suddenly came to a crowd—I had to stop, I was surrounded—while standing there I all of a sudden felt a jerk at my waistcoat; I looked and saw the prisoner's hand go away from me and saw my chain swing—the prisoner was standing on my left; that was the side the hand came from—I said to him "You have got my watch;" he made no reply—he stood there—while I made this accusation against him I saw another man on my left and about a card from the prisoner stoop down, and go down Fleet Street in the direction of Charing Cross—the prisoner went in the other direction—he stooped down—I ran after him for 30 or 40 yards, caught him and gave him into custody.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-43" type="witnessName">
<interp inst="t18881119-name-43" type="gender" value="male"/>
<interp inst="t18881119-name-43" type="surname" value="SMITH"/>
<interp inst="t18881119-name-43" type="given" value="CHARLES"/>CHARLES SMITH</persName> </hi> (
<hi rend="italic">City Policeman</hi> 485). I was on duty in Fleet Street on 9th November—the prosecutor gave the prisoner into my custody—the prisoner said "You have made a mistake"—I searched and found 6
<hi rend="italic">s</hi>. 1
<hi rend="italic">d</hi>. on him.</p>
<p>
<hi rend="italic">The prisoner in his defence said he was walking up Fleet Street when he heard aery of "Stop him," and ran, and that he came full butt into the prosecutor, who gave him into custody.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18881119-9-verdict-1" type="verdictDescription">
<interp inst="t18881119-9-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18881119-9-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18881119-10">
<interp inst="t18881119-10" type="uri" value="sessionsPapers/18881119"/>
<interp inst="t18881119-10" type="date" value="18881119"/>
<join result="criminalCharge" id="t18881119-10-charge-1" targOrder="Y" targets="def1-10-18881119 t18881119-10-offence-1 t18881119-10-verdict-1"/>
<join result="criminalCharge" id="t18881119-10-charge-2" targOrder="Y" targets="def2-10-18881119 t18881119-10-offence-1 t18881119-10-verdict-1"/>
<p>10.
<persName id="def1-10-18881119" type="defendantName">
<interp inst="def1-10-18881119" type="gender" value="male"/>
<interp inst="def1-10-18881119" type="age" value="40"/>
<interp inst="def1-10-18881119" type="surname" value="HUNT"/>
<interp inst="def1-10-18881119" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES HUNT</hi> (40)</persName> and
<persName id="def2-10-18881119" type="defendantName">
<interp inst="def2-10-18881119" type="gender" value="male"/>
<interp inst="def2-10-18881119" type="age" value="16"/>
<interp inst="def2-10-18881119" type="surname" value="MYERSON"/>
<interp inst="def2-10-18881119" type="given" value="FREDERICK"/>
<hi rend="largeCaps">FREDERICK MYERSON</hi> (16)</persName>
<rs id="t18881119-10-offence-1" type="offenceDescription">
<interp inst="t18881119-10-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18881119-10-offence-1" type="offenceSubcategory" value="sodomy"/>, Unlawfully committing acts of gross indecency with each other.</rs> </p>
<p>
<hi rend="smallCaps">MR. LAWLESS</hi>
<hi rend="italic">Prosecuted;</hi>
<hi rend="smallCaps">MR. EDMONDSON</hi>
<hi rend="italic">defended Myerson;</hi>
<hi rend="smallCaps">MR. BRUSHFIELD</hi>
<hi rend="italic">defended Hunt.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18881119-10-verdict-1" type="verdictDescription">
<interp inst="t18881119-10-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18881119-10-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18881119-11">
<interp inst="t18881119-11" type="uri" value="sessionsPapers/18881119"/>
<interp inst="t18881119-11" type="date" value="18881119"/>
<join result="criminalCharge" id="t18881119-11-charge-1" targOrder="Y" targets="def1-11-18881119 t18881119-11-offence-1 t18881119-11-verdict-1"/>
<p>11.
<persName id="def1-11-18881119" type="defendantName">
<interp inst="def1-11-18881119" type="gender" value="male"/>
<interp inst="def1-11-18881119" type="age" value="29"/>
<interp inst="def1-11-18881119" type="surname" value="MORRIS"/>
<interp inst="def1-11-18881119" type="given" value="THOMAS"/>
<interp inst="def1-11-18881119" type="occupation" value="canvasser for advertisements"/>
<hi rend="largeCaps">THOMAS MORRIS</hi> (29)</persName>
<rs id="t18881119-11-offence-1" type="offenceDescription">
<interp inst="t18881119-11-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18881119-11-offence-1" type="offenceSubcategory" value="fraud"/>, Unlawfully obtaining by false pretences from
<persName id="t18881119-name-47" type="victimName">
<interp inst="t18881119-name-47" type="gender" value="male"/>
<interp inst="t18881119-name-47" type="surname" value="MARJORAM"/>
<interp inst="t18881119-name-47" type="given" value="GEORGE"/>
<interp inst="t18881119-name-47" type="occupation" value="book-keeper"/>
<join result="offenceVictim" targOrder="Y" targets="t18881119-11-offence-1 t18881119-name-47"/>George Marjoram</persName>,
<persName id="t18881119-name-48" type="victimName">
<interp inst="t18881119-name-48" type="gender" value="male"/>
<interp inst="t18881119-name-48" type="surname" value="MORRISON"/>
<interp inst="t18881119-name-48" type="given" value="GEORGE"/>
<interp inst="t18881119-name-48" type="occupation" value="advertisement agent"/>
<join result="offenceVictim" targOrder="Y" targets="t18881119-11-offence-1 t18881119-name-48"/>George Morrison</persName>, and another, £6 12
<hi rend="italic">s</hi>., with intent to defraud.</rs> </p>
<p>
<hi rend="smallCaps">MR. GILL</hi>
<hi rend="italic">Prosecuted;</hi>
<hi rend="smallCaps">MR. OVEREND</hi>
<hi rend="italic">Defended.</hi>
<persName id="t18881119-name-49" type="witnessName">
<interp inst="t18881119-name-49" type="gender" value="male"/>
<interp inst="t18881119-name-49" type="surname" value="CARTER"/>
<interp inst="t18881119-name-49" type="given" value="GEORGE"/>
<hi rend="smallCaps">GEORGE CARTER</hi> </persName>. I am a member of the firm of Hanson, Carter, and Co., Engineers, of Bradford—in July last the prisoner called on me to solicit an advertisement for a French publication; I gave him an order for the insertion of an advertisement to the amount of £2—he produced this document, which I signed for my firm—at the time I signed it there was written on it the sum of £2—since I signed it the 2 has been altered</p>
<xptr type="pageFacsimile" doc="188811190012"/>
<p>into 12, and interlined the words have been added, "For 3 years, 1889, 1890,1891," in all £36—nothing was there except the £2 when I signed it—after some time I received a communication from Messrs. Morrison, and I communicated with them.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-50" type="witnessName">
<interp inst="t18881119-name-50" type="gender" value="male"/>
<interp inst="t18881119-name-50" type="surname" value="MARJORAM"/>
<interp inst="t18881119-name-50" type="given" value="GEORGE"/>GEORGE MARJORAM</persName> </hi>. I am a bookkeeper in the employment of Messrs. Morrison, Advertisement Agents, 11, Queen Victoria Street—they are agents for a French Government Directory, and receive advertisements—the prisoner was a canvasser for advertisements in the employment of our firm; he was paid a commission of 30 per cent, on country orders—he furnished an account of the orders he received on a weekly sheet—that showed the orders and amounts, and the amount of commission he would be entitled to—in July I received from him this order and also this weekly sheet of August 2nd—in that weekly sheet Hanson, Carter and Co. 's order is treated as one of £12 for 3 years, amounting in all to £36; his commission on that at 30 per cent, was £74
<hi rend="italic">s</hi>.—it was in his handwriting—some time afterwards I communicated with Hanson, Carter, and Co., and heard from them on the subject—the prisoner remained in our employment till some time in October, when in consequence of inquiries about this and other matters steps were taken against him.</p>
<p>
<hi rend="italic">Cross-examined.</hi> The charge for advertisements in this Directory is stated as being at the rate of £24 a column, but that is not adhered to—it is not stated on any of our lithographed or printed invoices or papers that I know of, I don't think I have ever come across one—we have taken orders for half a column at £12—the prisoner could have taken one at that rate—his receipt-book might have been in the office for a month before we made a charge—this is his account—our sole reason for sending the invoice to Hanson, Carter and Co. was because they were new customers—we sent them the invoice.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-51" type="witnessName">
<interp inst="t18881119-name-51" type="gender" value="male"/>
<interp inst="t18881119-name-51" type="surname" value="CARTER"/>
<interp inst="t18881119-name-51" type="given" value="GEORGE"/>GEORGE CARTER</persName> </hi> (
<hi rend="italic">Cross-examined</hi>). I saw the prisoner when he called about
<hi rend="italic">the</hi> middle of the day—I don't think I was very busy at the time—I don't know that anything occurred to interrupt our conversation—I did not ask him for any scale of charges for inserting the advertisement—he showed me a rough copy of the advertisement—he did not tell me it would equal half a column of this Directory—he might have told me that the charge for a column would be £24—he did not tell me in reference to my own advertisement that the charge for half a column would be £12, he might have mentioned that the charge for half a column would be £12, in giving the scale of charges for advertisement—I cannot say whether he did or not—he did not mention that sum after he had shown me an advertisement as a model for mine; I swear that—the form of advertisement was taken out of some other periodical that we advertised in, and he offered to insert it for £2—he wrote out this document with the figure £2—I saw him put the 2 on it; I was very close by him, by the desk where he wrote it—I read the form of order all through before the 2 was inserted—"Please insert our advertisement to occupy half a column" was not on it when I read it—"Please insert our advertisement" is in print, and. the rest is in writing—when he had filled the order up he gave it to me to read; these words" As per matter, as bold as possible," were on it then—that was his suggestion—I swear the words "half column" were not on it when he gave it to me; nor were the words "for three years"—my order has not been declined by Morrison and Co., nothing further has been said about it.</p>
<xptr type="pageFacsimile" doc="188811190013"/>
<p>
<hi rend="italic">Re-examined.</hi> I was communicated with, and I let the prosecutors know what had happened.</p>
<p>
<hi rend="smallCaps">
<rs id="t18881119-11-verdict-1" type="verdictDescription">
<interp inst="t18881119-11-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18881119-11-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. —
<hi rend="italic">
<rs id="t18881119-11-punishment-7" type="punishmentDescription">
<interp inst="t18881119-11-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t18881119-11-punishment-7" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-11-18881119 t18881119-11-punishment-7"/>Nine Months' Hard Labour.</rs> </hi> There were other indictments against the prisoner for similar offences.</p> </div1>
<div1 type="trialAccount" id="t18881119-12">
<interp inst="t18881119-12" type="uri" value="sessionsPapers/18881119"/>
<interp inst="t18881119-12" type="date" value="18881119"/>
<join result="criminalCharge" id="t18881119-12-charge-1" targOrder="Y" targets="def1-12-18881119 t18881119-12-offence-1 t18881119-12-verdict-1"/>
<p>12.
<persName id="def1-12-18881119" type="defendantName">
<interp inst="def1-12-18881119" type="gender" value="male"/>
<interp inst="def1-12-18881119" type="age" value="23"/>
<interp inst="def1-12-18881119" type="surname" value="MATTHEWS"/>
<interp inst="def1-12-18881119" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES MATTHEWS</hi> (23)</persName>,
<hi rend="smallCaps">
<rs id="t18881119-12-verdict-1" type="verdictDescription">
<interp inst="t18881119-12-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18881119-12-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18881119-12-offence-1" type="offenceDescription">
<interp inst="t18881119-12-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18881119-12-offence-1" type="offenceSubcategory" value="burglary"/> to burglary in the dwelling house of the
<persName id="t18881119-name-53" type="victimName">
<interp inst="t18881119-name-53" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18881119-12-offence-1 t18881119-name-53"/>Proprietary Club Company, Limited</persName>, and stealing £6 16 s. 91/2 d., their money. </rs>
<hi rend="italic">
<rs id="t18881119-12-punishment-8" type="punishmentDescription">
<interp inst="t18881119-12-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t18881119-12-punishment-8" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-12-18881119 t18881119-12-punishment-8"/>Six Months' Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18881119-13">
<interp inst="t18881119-13" type="uri" value="sessionsPapers/18881119"/>
<interp inst="t18881119-13" type="date" value="18881119"/>
<join result="criminalCharge" id="t18881119-13-charge-1" targOrder="Y" targets="def1-13-18881119 t18881119-13-offence-1 t18881119-13-verdict-1"/>
<p>13.
<persName id="def1-13-18881119" type="defendantName">
<interp inst="def1-13-18881119" type="gender" value="male"/>
<interp inst="def1-13-18881119" type="age" value="60"/>
<interp inst="def1-13-18881119" type="surname" value="MOORE"/>
<interp inst="def1-13-18881119" type="given" value="SAMUEL"/>
<hi rend="largeCaps">SAMUEL MOORE</hi> </persName> (60)
<rs id="t18881119-13-offence-1" type="offenceDescription">
<interp inst="t18881119-13-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18881119-13-offence-1" type="offenceSubcategory" value="forgery"/>Feloniously forging and uttering an undertaking for the payment of £6, with intent to defraud.</rs> </p>
<p>
<hi rend="smallCaps">MR. LOWE</hi>
<hi rend="italic">Prosecuted;</hi>
<hi rend="smallCaps">MR. GEOGHEGAN</hi>
<hi rend="italic">Defended.</hi>
<persName id="t18881119-name-55" type="witnessName">
<interp inst="t18881119-name-55" type="gender" value="male"/>
<interp inst="t18881119-name-55" type="surname" value="TODD"/>
<interp inst="t18881119-name-55" type="given" value="PARKER"/>
<hi rend="smallCaps">PASSES TODD</hi> </persName>. I live at 42, Mild-may Grove, Islington—I have known the prisoner for some years as a builder living in the neighbourhood—on 10th February he came and asked me to lend him a little money, as he was running short—I said I could not unless he gave me some security—he said he would give me a receipt for a quarter's rent for some property that he had at 167, Riversdale Road, due to him by Mr. Malony, a tailor, on 25th March next, and he gave me this letter from Malony, to say that he would pay it to me—relying upon that I gave him a cheque for £5, which he endorsed, and also signed the receipt for £6. On the 21st he came again, and stated that he had another tenant, Mr. Fletcher, a shoemaker next door to Malony, who would pay me his quarter's rent if I would lend him £7 10 s.—I gave him this cheque for the amount, and he signed and gave me this receipt—soon after 25th March I saw Malony—I did not get the rent—I have not been paid a penny—I believe this letter is the prisoner's writing.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I lent him the money to oblige him—I am not in the habit of lending money—I have done so sometimes; I generally take security—I knew this letter was a forgery a day or two after the 25th March—Mr. Ladbury appeared for me at the Police-court, not Mr. Jonas—he did not act for me as my solicitor there; he was there—he helped me to draw up the information—I met the prisoner in the street several times—the matter went on till September—I told him if he did not pay me I should take proceedings, and he laughed at me—I can scarcely say why I did not take proceedings before—I went to Mr. Chapman, the prisoner's solicitor, in October, to have the matter explained—I have never been in the witness-box before.</p>
<p>
<hi rend="italic">Re-examined.</hi> I took a bill for £22 10 s. of the prisoner as an additional security—I have no solicitor in this matter—Messrs. Harding and Co. are not my solicitors.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-56" type="witnessName">
<interp inst="t18881119-name-56" type="gender" value="male"/>
<interp inst="t18881119-name-56" type="surname" value="MALONY"/>
<interp inst="t18881119-name-56" type="given" value="WILLIAM"/>WILLIAM MALONY</persName> </hi>. I am a tailor, of 167, Riversdale Road—I did not write this letter—Mr. Charles Elliott is my landlord, not the prisoner—I do not owe him any rent—he was my landlord for 4 months—I have been there 18 months.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I don't know that he built these houses—he told me he had mortgaged them to Mr. Elliott—this letter does not resemble my handwriting.</p>
<p>W.
<hi rend="smallCaps">FLETCHER</hi>. I live at 159, Riversdale Road—the prisoner is not my landlord—I did not owe him any rent in March.</p>
<p>
<hi rend="smallCaps">
<rs id="t18881119-13-verdict-1" type="verdictDescription">
<interp inst="t18881119-13-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18881119-13-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18881119-14">
<interp inst="t18881119-14" type="uri" value="sessionsPapers/18881119"/>
<interp inst="t18881119-14" type="date" value="18881119"/>
<join result="criminalCharge" id="t18881119-14-charge-1" targOrder="Y" targets="def1-14-18881119 t18881119-14-offence-1 t18881119-14-verdict-1"/>
<p>14.
<persName id="def1-14-18881119" type="defendantName">
<interp inst="def1-14-18881119" type="gender" value="male"/>
<interp inst="def1-14-18881119" type="age" value="35"/>
<interp inst="def1-14-18881119" type="surname" value="BURTON"/>
<interp inst="def1-14-18881119" type="given" value="ALFRED"/>
<hi rend="largeCaps">ALFRED BURTON</hi> (35)</persName>
<rs id="t18881119-14-offence-1" type="offenceDescription">
<interp inst="t18881119-14-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18881119-14-offence-1" type="offenceSubcategory" value="burglary"/>, For a burglary in the dwelling-house of
<persName id="t18881119-name-58" type="victimName">
<interp inst="t18881119-name-58" type="gender" value="male"/>
<interp inst="t18881119-name-58" type="surname" value="BURRELL"/>
<interp inst="t18881119-name-58" type="given" value="THOMAS"/>
<interp inst="t18881119-name-58" type="occupation" value="veterinary surgeon"/>
<join result="offenceVictim" targOrder="Y" targets="t18881119-14-offence-1 t18881119-name-58"/>Thomas Burrell</persName>, and stealing a pocket-handkerchief.</rs> </p>
<p>
<hi rend="smallCaps">MR. WOODGATE</hi>
<hi rend="italic">Prosecuted.</hi>
<persName id="t18881119-name-59" type="witnessName">
<interp inst="t18881119-name-59" type="gender" value="male"/>
<interp inst="t18881119-name-59" type="surname" value="BURRELL"/>
<interp inst="t18881119-name-59" type="given" value="THOMAS"/>
<hi rend="smallCaps">THOMAS BURRELL</hi> </persName>. I am a veterinary surgeon, of 45, Aldridge Road</p>
<xptr type="pageFacsimile" doc="188811190014"/>
<p>Villas—at half-past 1 in the morning of 10th November I was in bed with my wife—she awoke me and said something to me—I went downstairs and searched the dining and drawing rooms—I saw no one there—I then opened the door leading to the basement—it was looked—I saw some chips of wood, a handkerchief, a knife, and saw an attempt had been made to cut through the panel of the door—I shut and locked the door and went to the front door, and called "Police," and two came—I came back to the house and met the prisoner in the street; he was taken into custody—I afterwards went into the nursery—I found the window broken, the latch turned back, and the shutters forced off the hinges—I saw the prisoner searched at the station, and this white pocket-handkerchief found—it belongs to one of the children, the name of the child is on it.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-60" type="witnessName">
<interp inst="t18881119-name-60" type="gender" value="female"/>
<interp inst="t18881119-name-60" type="surname" value="BURRELL"/>
<interp inst="t18881119-name-60" type="given" value="HESTER"/>HESTER BURRELL</persName> </hi>. I am the prosecutor's wife. In the early morning of 10th November I heard a noise—I spoke to my husband and he went downstairs—this handkerchief belongs to my child—I marked it myself.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-61" type="witnessName">
<interp inst="t18881119-name-61" type="gender" value="male"/>
<interp inst="t18881119-name-61" type="surname" value="CLARK"/>
<interp inst="t18881119-name-61" type="given" value="THOMAS"/>THOMAS CLARK</persName> </hi> (
<hi rend="italic">Policeman X</hi> 256). On 10th November I was on duty in company with 78, and heard police called—I went to the prosecutor's house—as I turned into Aldricdge Road I met the prisoner about three doors from the house—I stopped him and asked where he came from—he said "I have just come away from Notting Hill"—I took him back to the house and left him in charge of 78 while I went downstairs—I saw that the glass of the window was broken, and found this piece of tile with which it was broken—I found this red handkerchief on the top of the stairs—I found a table-knife, it is one belonging to the house—I found this white handkerchief in the prisoner's breast-pocket, and a piece of candle, a box of matches, and 9 pawn-tickets—he gave an address, but I could not hear anything of him.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> I was drinking with a friend late that night—I picked up the handkerchief before I got to the door.</p>
<p>
<hi rend="smallCaps">
<rs id="t18881119-14-verdict-1" type="verdictDescription">
<interp inst="t18881119-14-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18881119-14-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. —
<hi rend="italic">
<rs id="t18881119-14-punishment-9" type="punishmentDescription">
<interp inst="t18881119-14-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t18881119-14-punishment-9" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-14-18881119 t18881119-14-punishment-9"/>Nine Months' Hard Labour.</rs> </hi> </p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Tuesday, November</hi> 20
<hi rend="italic">th</hi>, 1888.</p>
<p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18881119-15">
<interp inst="t18881119-15" type="uri" value="sessionsPapers/18881119"/>
<interp inst="t18881119-15" type="date" value="18881119"/>
<join result="criminalCharge" id="t18881119-15-charge-1" targOrder="Y" targets="def1-15-18881119 t18881119-15-offence-1 t18881119-15-verdict-1"/>
<p>15.
<persName id="def1-15-18881119" type="defendantName">
<interp inst="def1-15-18881119" type="gender" value="male"/>
<interp inst="def1-15-18881119" type="age" value="17"/>
<interp inst="def1-15-18881119" type="surname" value="MEERS"/>
<interp inst="def1-15-18881119" type="given" value="RICHARD"/>
<hi rend="largeCaps">RICHARD MEERS</hi> (17)</persName>
<hi rend="smallCaps">
<rs id="t18881119-15-verdict-1" type="verdictDescription">
<interp inst="t18881119-15-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18881119-15-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18881119-15-offence-1" type="offenceDescription">
<interp inst="t18881119-15-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18881119-15-offence-1" type="offenceSubcategory" value="animalTheft"/> to stealing an ass, a barrow, and harness, the property of
<persName id="t18881119-name-63" type="victimName">
<interp inst="t18881119-name-63" type="gender" value="male"/>
<interp inst="t18881119-name-63" type="surname" value="STOW"/>
<interp inst="t18881119-name-63" type="given" value="EDWARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18881119-15-offence-1 t18881119-name-63"/>Edward Stow</persName>, after a conviction at Southwark Police-court in August, 1888. </rs>
<hi rend="italic">
<rs id="t18881119-15-punishment-10" type="punishmentDescription">
<interp inst="t18881119-15-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t18881119-15-punishment-10" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-15-18881119 t18881119-15-punishment-10"/>Twelve Months' Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18881119-16">
<interp inst="t18881119-16" type="uri" value="sessionsPapers/18881119"/>
<interp inst="t18881119-16" type="date" value="18881119"/>
<join result="criminalCharge" id="t18881119-16-charge-1" targOrder="Y" targets="def1-16-18881119 t18881119-16-offence-1 t18881119-16-verdict-1"/>
<p>16.
<persName id="def1-16-18881119" type="defendantName">
<interp inst="def1-16-18881119" type="gender" value="male"/>
<interp inst="def1-16-18881119" type="age" value="28"/>
<interp inst="def1-16-18881119" type="surname" value="CHAPMAN"/>
<interp inst="def1-16-18881119" type="given" value="ERNEST"/>
<hi rend="largeCaps">ERNEST CHAPMAN</hi> (28)</persName>
<rs id="t18881119-16-verdict-1" type="verdictDescription">
<interp inst="t18881119-16-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18881119-16-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image]</rs>
<rs id="t18881119-16-offence-1" type="offenceDescription">
<interp inst="t18881119-16-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18881119-16-offence-1" type="offenceSubcategory" value="fraud"/> to unlawfully making certain false entries in a book of
<persName id="t18881119-name-65" type="victimName">
<interp inst="t18881119-name-65" type="gender" value="male"/>
<interp inst="t18881119-name-65" type="surname" value="BLOFIELD"/>
<interp inst="t18881119-name-65" type="given" value="FRANK"/>
<join result="offenceVictim" targOrder="Y" targets="t18881119-16-offence-1 t18881119-name-65"/>Frank Blofield</persName>, his master, who recommended him to mercy. </rs>
<rs id="t18881119-16-punishment-11" type="punishmentDescription">
<interp inst="t18881119-16-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t18881119-16-punishment-11" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-16-18881119 t18881119-16-punishment-11"/>
<hi rend="italic">Twenty Months' Hard Labour.</hi> </rs> And</p> </div1>
<div1 type="trialAccount" id="t18881119-17">
<interp inst="t18881119-17" type="uri" value="sessionsPapers/18881119"/>
<interp inst="t18881119-17" type="date" value="18881119"/>
<join result="criminalCharge" id="t18881119-17-charge-1" targOrder="Y" targets="def1-17-18881119 t18881119-17-offence-1 t18881119-17-verdict-1"/>
<p>(17).
<persName id="def1-17-18881119" type="defendantName">
<interp inst="def1-17-18881119" type="gender" value="male"/>
<interp inst="def1-17-18881119" type="age" value="36"/>
<interp inst="def1-17-18881119" type="surname" value="BARTLETT"/>
<interp inst="def1-17-18881119" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE BARTLETT</hi> (36)</persName>
<rs id="t18881119-17-verdict-1" type="verdictDescription">
<interp inst="t18881119-17-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18881119-17-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image]</rs>
<rs id="t18881119-17-offence-1" type="offenceDescription">
<interp inst="t18881119-17-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18881119-17-offence-1" type="offenceSubcategory" value="theftFromPlace"/> to stealing a silver mace, a shell, and other articles from the
<placeName id="t18881119-geo-1">
<join result="offencePlace" targOrder="Y" targets="t18881119-17-offence-1 t18881119-geo-1"/>Church of St. Pancras</placeName>, and afterwards breaking out of the same, having been convicted of a like offence at this Court in September, 1887. </rs>
<rs id="t18881119-17-punishment-12" type="punishmentDescription">
<interp inst="t18881119-17-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t18881119-17-punishment-12" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-17-18881119 t18881119-17-punishment-12"/>
<hi rend="italic">Five Years' Penal Servitude.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18881119-18">
<interp inst="t18881119-18" type="uri" value="sessionsPapers/18881119"/>
<interp inst="t18881119-18" type="date" value="18881119"/>
<join result="criminalCharge" id="t18881119-18-charge-1" targOrder="Y" targets="def1-18-18881119 t18881119-18-offence-1 t18881119-18-verdict-1"/>
<p>18.
<persName id="def1-18-18881119" type="defendantName">
<interp inst="def1-18-18881119" type="gender" value="male"/>
<interp inst="def1-18-18881119" type="age" value="58"/>
<interp inst="def1-18-18881119" type="surname" value="MORRIS"/>
<interp inst="def1-18-18881119" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE MORRIS</hi> (58)</persName>
<rs id="t18881119-18-offence-1" type="offenceDescription">
<interp inst="t18881119-18-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18881119-18-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin.</rs> </p>
<p>
<hi rend="smallCaps">MR. H. AVERY</hi> and
<hi rend="smallCaps">MR. BIRON</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-68" type="witnessName">
<interp inst="t18881119-name-68" type="gender" value="male"/>
<interp inst="t18881119-name-68" type="surname" value="CARTER"/>
<interp inst="t18881119-name-68" type="given" value="WILLIAM"/>WILLIAM CARTER</persName> </hi>. I am barman at the Green Gate, Bethnal Green. On 26th October, about 4.50 p. m., I served a woman with two of gin and bitters; she put a penny on the counter, a florin on that, and a halfpenny on that; she then picked up the florin, offered the 1 1/2
<hi rend="italic">d</hi>., and felt in the pocket of her apron, saying "I have got no more money, you must take</p>
<xptr type="pageFacsimile" doc="188811190015"/>
<p>it out of that," and put down the florin—I picked it up, bit it, found it was bad, threw it on the counter, and said, "Do you know this is a bad one?"—she picked it up, looked at it, put it down on the counter, and told me to make it three halfpennyworth of drink, which I did, and she left—I followed her, and saw her join Warren and Morris. (
<hi rend="italic">See next case.</hi>) Edwards is the woman—they conversed together and walked together to Brick Lane—Warren and Edwards went into Mr. Rouse's, a linendraper's in Bethnal Green Road; they came out and joined Morris, who was standing at the corner of Gibraltar Walk, watching—I went into the shop and spoke to Davey, who showed me a bad florin—we both came out, and I put him behind Morris, while I followed Warren and Edwards down Brick Lane, where a constable took Warren—he struggled violently, and threw the constable on his back—Edwards and Morris went in different directions—on November 1st I picked out Edwards from a number of women, and on the Sunday following I picked out Morris from among a number of men—he at first caused me to be doubtful, as he drew himself up to such a height while he stood in the row, but when I saw him walk I identified him—he limped.</p>
<p>
<hi rend="italic">Cross-examined.</hi> The constable did not say, "Pick out that man in the guernsey," or I should have done so.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-69" type="witnessName">
<interp inst="t18881119-name-69" type="gender" value="male"/>
<interp inst="t18881119-name-69" type="surname" value="WEAVER"/>
<interp inst="t18881119-name-69" type="given" value="EDWARD"/>EDWARD WEAVER</persName> </hi>. I am a fishmonger, of 44, White Street—I was in the Green Gate, and saw Edwards come in—she put a florin on the counter with some coppers, and the barman said it was bad—I thought he might have made a mistake, and asked her to let me look at it—I took it out of her hand and bent it with my teeth—my teeth sank into it—I did not ring it; it was light, and was a very bad one.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-70" type="witnessName">
<interp inst="t18881119-name-70" type="gender" value="male"/>
<interp inst="t18881119-name-70" type="surname" value="DAVY"/>
<interp inst="t18881119-name-70" type="given" value="ARTHUR"/>ARTHUR DAVY</persName> </hi>. I am assistant to J. L. Rouse, a Linendraper, of 174, Bethnal Green Road—On 26th October, about a quarter to 5, Edwards and Warren came in, and Edwards asked for a yard of flannel, the cheapest I had got—I gave it to her, and Warren put down this florin (
<hi rend="italic">produced</hi>)—I gave him two sixpences and 4 d. in change, and they left—Carter came in, and I showed him the florin, which was still in my hand—we went out together, and I saw Warren and Edwards walking away—Carter pointed out Morris to me, standing alone at the corner of Gibraltar Walk, opposite our shop—he walked away and I followed him—he joined the other two at the Corner of Brick Lane, and I saw them passing something from one to the other—I pointed Warren out to a constable, who he threw on the ground and kicked him when he was down—on the Monday morning I picked Morris out from a number of other men.</p>
<p>
<hi rend="italic">Cross-examined.</hi> You had not the same clothes then as you have now—you had a dark coat, not a white jacket—you had a dark blue peak cap.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-71" type="witnessName">
<interp inst="t18881119-name-71" type="gender" value="male"/>
<interp inst="t18881119-name-71" type="surname" value="BRADSHAW"/>
<interp inst="t18881119-name-71" type="given" value="JOHN"/>JOHN BRADSHAW</persName> </hi> (
<hi rend="italic">Policeman H</hi> 201) On 26th October I was on duty in Bethnal Green Road, about 4.40 p. m.—Davy pointed out the three prisoners to me—I followed them about 20 yards, tapped Warren on the shoulder and said, "I am going to take you in custody for uttering counterfeit coin"—he said, "You have made a mistake"—I said, "I don't think so; you will have to come to the station"—I caught hold of his coat sleeve—he said, "Loose my coat"—I said "I will not"—he struck me on my arm and knocked my hand away, I grabbed him by the collar; he threw his legs round me, and we both went to the ground—he then punched my face and kicked my legs—I had a large contusion—a trades</p>
<xptr type="pageFacsimile" doc="188811190016"/>
<p>man came and blew my whistle—303
<hi rend="italic">H</hi> came up—Warren was then holding me by my neck—he made Warren let go, and he was taken to the station, where I found on him 5 s., 3 sixpences, and 1
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>. in bronze, good money, and a bad florin—the charge was read over to him, and he said "It is a mistake"—Morris and Edwards escaped.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-72" type="witnessName">
<interp inst="t18881119-name-72" type="gender" value="male"/>
<interp inst="t18881119-name-72" type="surname" value="DENNIS"/>
<interp inst="t18881119-name-72" type="given" value="JOHN"/>JOHN DENNIS</persName> </hi>. I was on duty in Commercial Street on November 1st; received information, and took Edwards in custody.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-73" type="witnessName">
<interp inst="t18881119-name-73" type="gender" value="male"/>
<interp inst="t18881119-name-73" type="surname" value="BARTON"/>
<interp inst="t18881119-name-73" type="given" value="WILLIAM"/>WILLIAM BARTON</persName> </hi> (
<hi rend="italic">Policeman H</hi> 303). On 26th October I was off duty and in plain clothes—I heard a whistle and saw a crowd—I forced my way through, and saw Warren holding Bradshaw by his throat—I got him by the arm, another constable assisted me, and we got him to the station. On 3rd November I took Morris on another charge; and on Sunday, November 4th, Carter came to the station and picked him out from a number of other men—he hesitated at first, and said, "I have a doubt of one man, and I will not swear to any man there, "but directly Morris attempted to move, Carter said that he was the man—he limps very much when walking—Davey came to the station next day, and identified Morris from among a number of other men without any doubt—Morris was not told of the charge of uttering, till he was identified, and then he said, "You are getting it up for me"—on the Monday morning he was charged with uttering, he said nothing.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-74" type="witnessName">
<interp inst="t18881119-name-74" type="gender" value="male"/>
<interp inst="t18881119-name-74" type="surname" value="WEBSTER"/>
<interp inst="t18881119-name-74" type="given" value="WILLIAM JOHN"/>WILLIAM JOHN WEBSTER</persName> </hi>. This florin is bad—if a person bites a coin and his teeth sink into it that is some evidence of its being bad.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> I may have passed the other prisoners going along, but I do not know them.</p>
<p>
<hi rend="smallCaps">
<rs id="t18881119-18-verdict-1" type="verdictDescription">
<interp inst="t18881119-18-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18881119-18-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.
<hi rend="italic">He was further charged with having been before convicted of unlawfully uttering counterfeit coin.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-75" type="witnessName">
<interp inst="t18881119-name-75" type="gender" value="male"/>
<interp inst="t18881119-name-75" type="surname" value="TUBBELL"/>
<interp inst="t18881119-name-75" type="given" value="WILLIAM"/>WILLIAM TUBBELL</persName> </hi> (
<hi rend="italic">Prison Warder</hi>). I produce a certificate. (
<hi rend="italic">Read—Central Criminal Court, George Morris convicted January 11th,</hi> 1886,
<hi rend="italic">of unlawfully uttering counterfeit coin twice on the same day. Sentence—Twelve Months' Hard Labour.</hi>) I cannot say that I was in Court, but he was under my charge in prison, and I understood that it was in reference to coining.</p>
<p>
<hi rend="italic">Cross-examined.</hi> All I can swear is that Humphreys got out the certificate of a man who was sentenced in January, 1886—I do not profess to prove your conviction.</p>
<p>The
<hi rend="smallCaps">PRISONER</hi>
<hi rend="italic">stated that he had been convicted of uttering counterfeit coin, but that it was in</hi> 1865,
<hi rend="italic">and the Warder Humphreys not being present, the</hi>
<hi rend="smallCaps">COMMON SERJEANT</hi>
<hi rend="italic">considered that the previous conviction was not provtd.</hi> </p>
<p>
<hi rend="smallCaps">NOT GUILTY</hi>
<hi rend="italic">of the previous conviction.</hi> </p> </div1>
<div1 type="trialAccount" id="t18881119-19">
<interp inst="t18881119-19" type="uri" value="sessionsPapers/18881119"/>
<interp inst="t18881119-19" type="date" value="18881119"/>
<join result="criminalCharge" id="t18881119-19-charge-1" targOrder="Y" targets="def1-19-18881119 t18881119-19-offence-1 t18881119-19-verdict-1"/>
<join result="criminalCharge" id="t18881119-19-charge-2" targOrder="Y" targets="def2-19-18881119 t18881119-19-offence-1 t18881119-19-verdict-1"/>
<join result="criminalCharge" id="t18881119-19-charge-3" targOrder="Y" targets="def3-19-18881119 t18881119-19-offence-1 t18881119-19-verdict-1"/>
<p>19.
<persName id="def1-19-18881119" type="defendantName">
<interp inst="def1-19-18881119" type="gender" value="male"/>
<interp inst="def1-19-18881119" type="age" value="58"/>
<interp inst="def1-19-18881119" type="surname" value="MORRIS"/>
<interp inst="def1-19-18881119" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE MORRIS</hi> </persName> was again indicted with
<persName id="def2-19-18881119" type="defendantName">
<interp inst="def2-19-18881119" type="gender" value="male"/>
<interp inst="def2-19-18881119" type="age" value="28"/>
<interp inst="def2-19-18881119" type="surname" value="WARREN"/>
<interp inst="def2-19-18881119" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN WARREN</hi> (28)</persName>, and
<persName id="def3-19-18881119" type="defendantName">
<interp inst="def3-19-18881119" type="gender" value="female"/>
<interp inst="def3-19-18881119" type="age" value="34"/>
<interp inst="def3-19-18881119" type="surname" value="EDWARDS"/>
<interp inst="def3-19-18881119" type="given" value="CAROLINE"/>
<hi rend="largeCaps">CAROLINE EDWARDS</hi> (34)</persName>
<rs id="t18881119-19-offence-1" type="offenceDescription">
<interp inst="t18881119-19-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18881119-19-offence-1" type="offenceSubcategory" value="coiningOffences"/>, for unlawfully uttering counterfeit coin twice on the same day.</rs> </p>
<p>
<hi rend="smallCaps">MR. BIRON</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-79" type="witnessName">
<interp inst="t18881119-name-79" type="gender" value="male"/>
<interp inst="t18881119-name-79" type="surname" value="CARTER"/>
<interp inst="t18881119-name-79" type="given" value="WILLIAM"/>WILLIAM CARTER</persName> </hi>
<hi rend="italic">repeated his former evidence.</hi> </p>
<p>
<hi rend="italic">Cross-examined by Warren.</hi> I did not see you in my house.</p>
<p>
<hi rend="italic">Cross-examined by Edwards.</hi> A young man in the bar did not give you a halfpenny.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-80" type="witnessName">
<interp inst="t18881119-name-80" type="gender" value="male"/>
<interp inst="t18881119-name-80" type="surname" value="BABTON"/>
<interp inst="t18881119-name-80" type="given" value="EDWARD WEAVEB, ARTHUR DAVEY, JOHN BRADSHAW, JOHN DENNIS, WILLIAM"/>EDWARD WEAVEB, ARTHUR DAVEY, JOHN BRADSHAW, JOHN DENNIS, WILLIAM BABTON</persName> </hi>, and
<hi rend="smallCaps">WILLIAM JOHN WEBSTER</hi>,
<hi rend="italic">assented to their former evidence. Warren, in his statement before the Magistrate, and in his defence,</hi> </p>
<xptr type="pageFacsimile" doc="188811190017"/>
<p>
<hi rend="italic">said that he was not in Bethnal Green Road at all, but that the constable threw him down and nearly throttled him, and that he was kicked twice</hi> </p>
<p>
<hi rend="italic">Edwards' defence.</hi> The gentleman gave me the coin back, and I threw it away.</p>
<p>
<rs id="t18881119-19-verdict-1" type="verdictDescription">
<interp inst="t18881119-19-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18881119-19-verdict-1" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi> </rs>. —
<hi rend="largeCaps">WARREN</hi>
<rs id="t18881119-19-punishment-13" type="punishmentDescription">
<interp inst="t18881119-19-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t18881119-19-punishment-13" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-19-18881119 t18881119-19-punishment-13"/>
<hi rend="italic">Twelve Months' Hard Labour;</hi> </rs>
<hi rend="largeCaps">EDWARDS</hi>
<rs id="t18881119-19-punishment-14" type="punishmentDescription">
<interp inst="t18881119-19-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t18881119-19-punishment-14" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-19-18881119 t18881119-19-punishment-14"/>
<hi rend="italic">Nine Months' Hard Labour;</hi> </rs>
<hi rend="largeCaps">MORRIS</hi> (
<hi rend="italic">See page</hi> 31).</p> </div1>
<div1 type="trialAccount" id="t18881119-20">
<interp inst="t18881119-20" type="uri" value="sessionsPapers/18881119"/>
<interp inst="t18881119-20" type="date" value="18881119"/>
<join result="criminalCharge" id="t18881119-20-charge-1" targOrder="Y" targets="def1-20-18881119 t18881119-20-offence-1 t18881119-20-verdict-1"/>
<p>20.
<persName id="def1-20-18881119" type="defendantName">
<interp inst="def1-20-18881119" type="gender" value="male"/>
<interp inst="def1-20-18881119" type="surname" value="WARLAND"/>
<interp inst="def1-20-18881119" type="given" value="HENRY"/>
<interp inst="def1-20-18881119" type="occupation" value="tea merchant's traveller"/>
<hi rend="largeCaps">HENRY WARLAND</hi> </persName>,
<rs id="t18881119-20-offence-1" type="offenceDescription">
<interp inst="t18881119-20-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18881119-20-offence-1" type="offenceSubcategory" value="fraud"/>Unlawfully obtaining 6 lbs. of tea from
<persName id="t18881119-name-82" type="victimName">
<interp inst="t18881119-name-82" type="gender" value="male"/>
<interp inst="t18881119-name-82" type="surname" value="MASON"/>
<interp inst="t18881119-name-82" type="given" value="FREDERICK WILLIAM"/>
<interp inst="t18881119-name-82" type="occupation" value="tea merchant"/>
<join result="offenceVictim" targOrder="Y" targets="t18881119-20-offence-1 t18881119-name-82"/>Frederick William Mason</persName>, by false pretences.</rs> </p>
<p>
<hi rend="smallCaps">MR. STEPHENSON</hi>
<hi rend="italic">Prosecuted;</hi>
<hi rend="smallCaps">MR. WILKINSON</hi>
<hi rend="italic">Defended.</hi>
<persName id="t18881119-name-83" type="witnessName">
<interp inst="t18881119-name-83" type="gender" value="male"/>
<interp inst="t18881119-name-83" type="surname" value="MASON"/>
<interp inst="t18881119-name-83" type="given" value="FREDERICK WILLIAM"/>
<hi rend="smallCaps">FREDERICK WILLIAM MASON</hi> </persName>. I am a tea merchant, of 41, Great Tower Street—in August I took the prisoner into my employ as traveller—on 25th August he said he had received orders from Mr. Nix and Mr. Smith, and gave me this paper in his writing, "Josiah Nix, 1/2 chest of tea at 2 s. 1
<hi rend="italic">d</hi>.; Mr. Smith, Olinda Road, 16 s. 6 d. Try and beat W. and D."—W. and D. are other tea merchants—I never give out tea without a written order—it was then and there entered in the order-book—this yellow paper (
<hi rend="italic">produced</hi>) is the kind of paper I put my tea in—this came from my place, and this is my warehouse clerk's writing on it—the prisoner said that as Smith lived so near him he could deliver it by hand—it was handed to him, but I don't think he took it away with him—on the following Saturday I gave him his commission on it, 9 d.</p>
<p>
<hi rend="italic">Cross-examined.</hi> He did not take it away, and I ordered it to be sent to his house for delivery, as he lived so close and the address was indefinite, "Smith, a general shop, Olinda Road"—he requested me to send it to him—I did so, and wrote him this letter. (
<hi rend="italic">Requesting the prisoner to deliver the tea</hi>)—"Try and beat W. and D." means that if I beat them I should probably get orders from Smith—Mrs. Torring deals with me—this tea was not sent to him and sold to her for 9 s. after Smith refused it—I cannot tell what becomes of a parcel after it leaves my office—I know that 9 s. was collected from Mrs. Torring, but it was not paid to me—Mrs. Warland called on me two or three times early in October with a list which I had provided—she mentioned £4 odd, and asked if I would take it and put an end to the whole matter—I said "Decidedly not, you may leave it if you like, but I can make no conditions whatever"—I engaged Warland's stepdaughter on September 7th, as he asked me to do so—she came again to my warehouse on the 8th, but never came again, and on the Monday I sent a telegram asking why she had not come—the prisoner told me that she was ill—I do not know what made her ill—my telegram on the 10th was" Hetty not arrived"—I had returned home with her a part of the way when she came on the 7th; I had promised her father that I would do so—she was never in my private room—I took her out to lunch, and she told her father I treated her well—we went round by Bow—I had very good reasons for going that way—I did not go to Stamford Hill, I went to Hackney—it did not make three minutes' difference—we were in a first-class carriage—I think there were other people in the carriage, but not the whole way—she came the next day, Saturday—I did not give her a kiss—I acted in no way wrongfully to her—I live at Clapton, a long way from Stamford Hill—she met me on the Saturday morning at the station—I told her the train I was going by, and if she liked to go that way she could, if she was at all nervous—I took a first-class ticket for her; that was about twenty</p>
<xptr type="pageFacsimile" doc="188811190018"/>
<p>. minutes to 9 a. m.—that is my station, unless I go by omnibus—I did not at night accompany her in the train again—I never saw her after two o'clock on Saturday—in the morning going to the warehouse I was not alone with her again in the train—I did not take her on my knee and kiss her, and behave in a grossly indecent manner with her—there is not a word of truth in it, the carriage was full of people—a charge of indecent assault was not made against me before I made this charge against the prisoner, nor was a solicitor consulted as to prosecuting me criminally, I wish he had been—I invited the prosecution, but it never came—Mr. Sills came to my house—I gave him his quietus, and he never came near me again after what I told him—I told the girl by what train I should go to the warehouse—the prisoner said that she was very nervous, and did not know her way about the City; and I said that I would look after her; and I saw her well on her way home, and said, "If you are not able to find your way to the office, do you think you can on Saturday morning, here is sixpence to pay your train fare"—I told her the best way to go, and said, "If you think you will not be able to find your way, I invariably go to the office from Clapton Station; I shall be there at 8. 30," and she was there—I don't know her age—she looks about 15—I engaged her as a packer, only as a little assistance to her father—he brought her to the office on the Friday morning—on the Saturday after-noon, going home, I took a Hansom's cab for the prisoner, the stepdaughter, and myself—I did not travel alone in the cab with the girl, only for two minutes while her stepfather jumped out to go into a customer's shop—I do not know that this is the reason why the girl did not return to me after the 8th. I have only gathered it since as an excuse—I attribute that excuse to the prisoner; it was at his importunity that I employed her—I did not know why she kept away, and I was very anxious to find out, and I found it out three weeks afterwards—I have not had a little experience in charges of this sort—I was a member of the Salvation"
<hi rend="italic">Army</hi> "eighteen months ago, but am not now—I was not turned out; I resigned honourably—a meeting was not held to consider my conduct towards females—Rose Anna Penny was a servant of mine, but no inquiry was made by the officers of the Salvation
<hi rend="italic">"Army"</hi> into my conduct in reference to her, nor was I in consequence dismissed—I was not prohibited from appearing or speaking on the Salvation"
<hi rend="italic">Army</hi> "platforms—I have reason to believe that Rose has had a child.</p>
<p>
<hi rend="italic">Re-examined.</hi> I am not the father of Rose's child—no affiliation summons has been served on me—I called on the prisoner to ask for the money before I heard one word about this behaviour to his stepdaughter—I have not been charged with any indecency on September 8—they gave a different date before; the 15th—she had left my service then—the mother called on me, and offered to pay for the prisoner's defalcations, including money lent, bringing a paper with her—she did not say a word about ner daughter.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-84" type="witnessName">
<interp inst="t18881119-name-84" type="gender" value="male"/>
<interp inst="t18881119-name-84" type="surname" value="SMITH"/>
<interp inst="t18881119-name-84" type="given" value="SAMUEL"/>SAMUEL SMITH</persName> </hi>. I keep a general shop at 29, Olinda Road, Stamford Hill, close to where the prisoner lived—I did not give him an order for 6 lbs. of tea at 1
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., on August 25th.</p>
<p>
<hi rend="italic">Cross-examined.</hi> He called on me for orders about that date—I have known him about five months—he tried to get orders from me.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-85" type="witnessName">
<interp inst="t18881119-name-85" type="gender" value="female"/>
<interp inst="t18881119-name-85" type="surname" value="LAXTON"/>
<interp inst="t18881119-name-85" type="given" value="LUCY"/>LUCY LAXTON</persName> </hi>. My husband keeps a general shop at 19, Pearson Street, Kingsland Road—about September 24th the prisoner called and</p>
<xptr type="pageFacsimile" doc="188811190019"/>
<p>asked me for an order—he called again to know how we liked the tea, but it had not arrived, and he said that he was very much annoyed—I said, "We are out of tea"—he said, "I will go to the City and get you some tea; how much should you like"?—I said, "4 to 6 lbs."—he turned to go, and then said, "Oh, by the bye, I think I have 6 1bs. at home which will suit you"—it was to be 1
<hi rend="italic">d</hi>. per 1
<hi rend="italic">b</hi>. cheaper on condition that I paid him money down—he brought the 6 lbs. in the evening in this bag, and my husband paid him 7
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. in my presence, and asked him for a receipt, but he edged out of it—I know that—he was a traveller for Mr. Mason.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-86" type="witnessName">
<interp inst="t18881119-name-86" type="gender" value="male"/>
<interp inst="t18881119-name-86" type="surname" value="JAPPER"/>
<interp inst="t18881119-name-86" type="given" value="JOSEPH"/>JOSEPH JAPPER</persName> </hi>. I am clerk to Mr. Mason. On 25th August I put this tea in this paper for Mr. Smith; this is my writing on it—I prepared an invoice and handed the tea to the prisoner in Mr. Mason's presence.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-87" type="witnessName">
<interp inst="t18881119-name-87" type="gender" value="male"/>
<interp inst="t18881119-name-87" type="surname" value="SMITH"/>
<interp inst="t18881119-name-87" type="given" value="JAMES"/>JAMES SMITH</persName> </hi> (
<hi rend="italic">Detective Officer</hi>). On 15th October, about 10 p. m., I took the prisoner on a warrantand found this paper in his pocket—(
<hi rend="italic">Read</hi> "This was meant for Smith, and the parcel of tea was 6 lbs. at 1
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>.")</p>
<p>F.W.
<hi rend="smallCaps">MASON</hi> (
<hi rend="italic">Re-examined</hi>). I believe this paper to be the prisoner's writing—I never got payment for these 6 lbs. of tea.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I cannot say whether the prisoner's wife offered it to me included in the £413
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>., because she submitted no list—she offered me the money on conditions which I would not listen to, and therefore she left—she had not been to me before to offer me money—I don't think she was ever in my house before.</p>
<p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. She offered it to me on October 26th, some weeks after the occurrence—we applied for a warrant on September 26th, and the prisoner could not be found; he had absconded—on October 4th I learnt by letter from my solicitor, Mr. Morris, that £413
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>. was paid to him on October 3rd.</p>
<p>
<hi rend="smallCaps">
<rs id="t18881119-20-verdict-1" type="verdictDescription">
<interp inst="t18881119-20-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18881119-20-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18881119-21">
<interp inst="t18881119-21" type="uri" value="sessionsPapers/18881119"/>
<interp inst="t18881119-21" type="date" value="18881119"/>
<join result="criminalCharge" id="t18881119-21-charge-1" targOrder="Y" targets="def1-21-18881119 t18881119-21-offence-1 t18881119-21-verdict-1"/>
<p>21.—
<persName id="def1-21-18881119" type="defendantName">
<interp inst="def1-21-18881119" type="gender" value="male"/>
<interp inst="def1-21-18881119" type="surname" value="WARLAND"/>
<interp inst="def1-21-18881119" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY WARLAND</hi> </persName> was again indicted
<rs id="t18881119-21-offence-1" type="offenceDescription">
<interp inst="t18881119-21-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18881119-21-offence-1" type="offenceSubcategory" value="embezzlement"/> for embezzlement, </rs>
<hi rend="italic">upon which no evidence was offered.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18881119-21-verdict-1" type="verdictDescription">
<interp inst="t18881119-21-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18881119-21-verdict-1" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday, November</hi> 21
<hi rend="italic">st</hi> 1888.</p>
<p>
<hi rend="italic">Before Mr. Justice Hawkins.</hi> </p>
<div1 type="trialAccount" id="t18881119-22">
<interp inst="t18881119-22" type="uri" value="sessionsPapers/18881119"/>
<interp inst="t18881119-22" type="date" value="18881119"/>
<join result="criminalCharge" id="t18881119-22-charge-1" targOrder="Y" targets="def1-22-18881119 t18881119-22-offence-1 t18881119-22-verdict-1"/>
<p>22.
<persName id="def1-22-18881119" type="defendantName">
<interp inst="def1-22-18881119" type="gender" value="female"/>
<interp inst="def1-22-18881119" type="surname" value="ISRAEL"/>
<interp inst="def1-22-18881119" type="given" value="DINAH"/>
<hi rend="largeCaps">DINAH ISRAEL</hi> </persName>
<rs id="t18881119-22-offence-1" type="offenceDescription">
<interp inst="t18881119-22-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18881119-22-offence-1" type="offenceSubcategory" value="manslaughter"/> was charged on the Coroner's Inquisition only, with the manslaughter of her new-born child.</rs> </p>
<p>
<hi rend="smallCaps">MR. RIBTON</hi>
<hi rend="italic">for the prosecution offered no evidence on the Inquisition, the Grand Jury having ignored the bill.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18881119-22-verdict-1" type="verdictDescription">
<interp inst="t18881119-22-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18881119-22-verdict-1" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18881119-23">
<interp inst="t18881119-23" type="uri" value="sessionsPapers/18881119"/>
<interp inst="t18881119-23" type="date" value="18881119"/>
<join result="criminalCharge" id="t18881119-23-charge-1" targOrder="Y" targets="def1-23-18881119 t18881119-23-offence-1 t18881119-23-verdict-1"/>
<join result="criminalCharge" id="t18881119-23-charge-2" targOrder="Y" targets="def2-23-18881119 t18881119-23-offence-1 t18881119-23-verdict-1"/>
<p>23.
<persName id="def1-23-18881119" type="defendantName">
<interp inst="def1-23-18881119" type="gender" value="male"/>
<interp inst="def1-23-18881119" type="age" value="23"/>
<interp inst="def1-23-18881119" type="surname" value="LAY"/>
<interp inst="def1-23-18881119" type="given" value="JOSEPH"/>
<hi rend="largeCaps">JOSEPH LAY</hi> (23)</persName> and
<persName id="def2-23-18881119" type="defendantName">
<interp inst="def2-23-18881119" type="gender" value="male"/>
<interp inst="def2-23-18881119" type="age" value="19"/>
<interp inst="def2-23-18881119" type="surname" value="MARSHALL"/>
<interp inst="def2-23-18881119" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES MARSHALL</hi> (19)</persName> were indicted for
<rs id="t18881119-23-offence-1" type="offenceDescription">
<interp inst="t18881119-23-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18881119-23-offence-1" type="offenceSubcategory" value="manslaughter"/>, and charged on the Coroner's Inquisition-with the manslaughter of
<persName id="t18881119-name-92" type="victimName">
<interp inst="t18881119-name-92" type="gender" value="male"/>
<interp inst="t18881119-name-92" type="surname" value="PATTEN"/>
<interp inst="t18881119-name-92" type="given" value="MICHAEL"/>
<join result="offenceVictim" targOrder="Y" targets="t18881119-23-offence-1 t18881119-name-92"/>Michael Patten</persName>.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. POLAND</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MEAD</hi>
<hi rend="italic">Prosecuted;</hi>
<hi rend="smallCaps">MR. PURCELL</hi>
<hi rend="italic">defended Lay.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-93" type="witnessName">
<interp inst="t18881119-name-93" type="gender" value="male"/>
<interp inst="t18881119-name-93" type="surname" value="QUINNEY"/>
<interp inst="t18881119-name-93" type="given" value="GEORGE"/>GEORGE QUINNEY</persName> </hi>. I am a fishmonger, of 43, St. Ann's Road, Notting-dale—On Saturday, 20th October, about half-past 10 at night, Marshall (who goes by the name of
<hi rend="italic">Scotty</hi>) and his wife Were in my shop—Patten came in about 5 minutes afterwards—he said something to Marshall's wife, which I did not hear—a quarrel took place between them, and I ordered them out—they came in again in about a quarter of an hour—Patten seemed all right, he took up his fish and went out; he was not sober—Marshall appeared to be sober.</p>
<xptr type="pageFacsimile" doc="188811190020"/>
<p>
<hi rend="italic">Cross-examined by Marshall.</hi> When you came in the second time I said I would not allow any fighting in the shop—they began to growl again—you all went out together—you came back again in about 10 minutes with your wife and finished your supper—I sell cooked fish.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-94" type="witnessName">
<interp inst="t18881119-name-94" type="gender" value="male"/>
<interp inst="t18881119-name-94" type="surname" value="BRAYBROOK"/>
<interp inst="t18881119-name-94" type="given" value="DAVID"/>DAVID BRAYBROOK</persName> </hi>. I am a greengrocer's assistant at 3, Bangor Street, Notting-dale, right opposite Quinney's—I was in the shop on 20th October, about 11—I heard shouting across the road, and I saw Marshall and Patten fighting—there were a few people round—I saw Patten on the pavement—I could not say whether he was knocked down or whether he stumbled—he got up and wanted to fight again, but a constable came up and parted them—Patten then went towards Crescent Street—I did not notice that he was injured—I saw no more of him—Marshall went into the fish shop.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-95" type="witnessName">
<interp inst="t18881119-name-95" type="gender" value="male"/>
<interp inst="t18881119-name-95" type="surname" value="BOND"/>
<interp inst="t18881119-name-95" type="given" value="WILLIAM HENRY"/>WILLIAM HENRY BOND</persName> </hi>. I live with my father at 45, St. Ann's Road; he keeps the ale stores there—on Saturday, 20th October, I was outside the shop, which is next door to Mr. Quinney—about 11 o'clock I saw Marshall having a struggle with Patten, and Patten fell in the gutter, and when he was there Marshall kicked him on the back of the head and punched him—I was close against them—Patten got up and went across to the Red Lion—a policeman went in and ordered him out—he then went into the fish shop, got some fish, and went across to Crescent Street, and I saw no more of him—I noticed some blood on the back of his head—before they began to fight I heard Marshall say, "Come on, I will fight you now I have got you"—I did not see how the fight began.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-96" type="witnessName">
<interp inst="t18881119-name-96" type="gender" value="male"/>
<interp inst="t18881119-name-96" type="surname" value="ALLUM"/>
<interp inst="t18881119-name-96" type="given" value="ARTHUR"/>ARTHUR ALLUM</persName> </hi> (
<hi rend="italic">Policeman X</hi> 106). About 11.30 I was on duty in uniform in St. Ann's Road—I saw a-crowd outside Quinney's fish shop—I saw Marshall and Patten quarrelling—I asked them to go away—Marshall went into the fish shop; Patten went away—Marshall came back, and I again asked him to go away—he went into the fish shop, came out again very shortly, and then went away towards Crescent Street—he had been drinking, but was not drunk—Marshall appeared sober—I did not notice any blood upon Patten when he went away—I was close behind him—he had a hard hat on.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-97" type="witnessName">
<interp inst="t18881119-name-97" type="gender" value="male"/>
<interp inst="t18881119-name-97" type="surname" value="CLARK"/>
<interp inst="t18881119-name-97" type="given" value="WILLIAM"/>WILLIAM CLARK</persName> </hi>. I am a general dealer of 27, Crescent Street—on Saturday, 20th October, about half-past 11, I was in the George beershop with Lay and a man named Beck—Marshall came in and said he had been fighting with
<hi rend="italic">Brummy</hi> (
<hi rend="italic">Patten</hi>) down in St. Ann's Road—I went outside, Lay followed me—Lay said, "I hear
<hi rend="italic">Brummy</hi> wants to see me"—I went to 27, Crescent Street, where I was living, it is a lodging-house—I left Lay outside—I went into the kitchen—Patten was standing in front of the fire—I told him that he was wanted outside—he went out, I and Riley followed in about two minutes—as I was coming out I saw Lay and Patten struggling in the yard—I did not see the struggle begin, I heard Patten fall, and as if his head went against the wall—I could not see very well, it was dark—I saw a graze on the wall next morning—I did not see any blood on it—I did not see Patten move after he fell—I passed by him as he was lying there—Lay said to him, "Get up," and he pulled him towards the gate leading to the street—I saw Marshall, who was standing round the corner, lift up his foot—I said, "Don't do that," and I shoved him away—I did not see him kick him, I don't know whether he did kick him or not—I thought Patten was drunk—I and Beck and another man lifted him up and carried him into the kitchen, and</p>
<xptr type="pageFacsimile" doc="188811190021"/>
<p>afterwards up to bed—I think Lay said something about his being stunned, but I am not sure—I saw Patten in bed next morning, dead.</p>
<p>
<hi rend="italic">Cross-examined.</hi> This occurred in the archway, which is rather dark—I was about five yards off when I heard the sound—I did not hear Patten speak after that.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-98" type="witnessName">
<interp inst="t18881119-name-98" type="gender" value="male"/>
<interp inst="t18881119-name-98" type="surname" value="RILEY"/>
<interp inst="t18881119-name-98" type="given" value="NICHOLAS"/>NICHOLAS RILEY</persName> </hi>. I am a shoemaker, and live at 17, Catherine Road—on 20th October I was living at 27, Crescent Street—about a quarter to 12 that night I was in the kitchen—I saw Patten there, Clark came in and told him he was wanted outside—he went out, and I went out about three minutes after him and saw him and Lay struggling under the archway, then I saw Patten on the ground—I did not see him fall, it was too dark—I passed him and went out into the street—Lay was standing at the gateway, he went back to Patten and said "Get up," he made no reply, and Lay then pulled him by the collar out of the archway—Marshall ran up from behind me—I did not see him kick Patten—Clark shoved him away and said, "Don't do it"—Agnes Cooling was at the doorway, and she said, "You brute, you kicked the man, I will fetch a policeman"—Marshall made no reply—Beck and Lay then carried Patten into the kitchen and afterwards to bed—he never moved afterwards, and next morning I saw he was dead.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-99" type="witnessName">
<interp inst="t18881119-name-99" type="gender" value="female"/>
<interp inst="t18881119-name-99" type="surname" value="COOLING"/>
<interp inst="t18881119-name-99" type="given" value="AGNES"/>AGNES COOLING</persName> </hi>. I am the wife of Henry Cooling, a coal porter—about five minutes to 12 on this night I was near 27, Crescent Street—I saw Lay punching Patten about the body, just outside the archway—they were both standing up—in the scuffle they worked themselves under the archway, and I heard Patten fall—I did not see him fall—I heard his head go against the wall—Lay came outside the gateway, stood there a minute, and then went back and said, "Get up, what's the matter with you?"—Patten made no reply—then Lay dragged him out by his coat collar, and then Marshall rushed up and punched him in the chest and kicked him in the head—I said, "Oh, you have killed the man, I will fetch a policeman"—I went for one but could not find one, and when I returned the place was all clear.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-100" type="witnessName">
<interp inst="t18881119-name-100" type="gender" value="male"/>
<interp inst="t18881119-name-100" type="surname" value="BARBER"/>
<interp inst="t18881119-name-100" type="given" value="WILLIAM"/>WILLIAM BARBER</persName> </hi>. I keep the lodging-house, 27, Crescent Street—about a quarter to 12 on 20th October I was in the kitchen—Patten was there—I saw a little blood on his hand when he put his hand to the back of his head—Clark called him and he put on his hat and went out—he was drunk—in four or five minutes he was brought in by Clark and Beck—he never spoke, and next morning he was found. to be dead.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-101" type="witnessName">
<interp inst="t18881119-name-101" type="gender" value="male"/>
<interp inst="t18881119-name-101" type="surname" value="MARCOMB"/>
<interp inst="t18881119-name-101" type="given" value="ROBERT"/>ROBERT MARCOMB</persName> </hi> (
<hi rend="italic">Police Sergeant X</hi>). I apprehended Lay on 21st October—I told him the charge and cautioned him—he said "he insulted
<hi rend="italic">Scotty</hi> and his wife at the fish-shop and was turned out"—at the station he said "I was standing outside the Shamrock, in Crescent Street; he came up, he was drunk and wanted to fight—we had a struggle and he fell on the kerb"—on 23rd I apprehended Marshall; I told him the charge—he said "I had a fight with him in St. Ann's Road, I know nothing of what took place at Crescent Street. "</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-102" type="witnessName">
<interp inst="t18881119-name-102" type="gender" value="male"/>
<interp inst="t18881119-name-102" type="surname" value="ROBERTS"/>
<interp inst="t18881119-name-102" type="given" value="JOHN"/>JOHN ROBERTS</persName> </hi> (
<hi rend="italic">Police Inspector X</hi>). On Sunday morning, 21st October, I saw the body of the deceased—there was blood on his coat collar and some on the bed—at half-past 10 the same morning I was at Notting-dale Police Station when Lay was brought in and charged—he said "the deceased was about to strike me, and on my pushing him off he fell and his head came in contact with the kerb. "</p>
<xptr type="pageFacsimile" doc="188811190022"/>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-103" type="witnessName">
<interp inst="t18881119-name-103" type="gender" value="male"/>
<interp inst="t18881119-name-103" type="surname" value="MILLER"/>
<interp inst="t18881119-name-103" type="given" value="JAMES DUFF"/>JAMES DUFF MILLER</persName> </hi>. I am a surgeon, and live in Norland Place, Notting-dale—on 21st October, about half-past 8 a. m., I went to this lodging-house and saw Patten lying on the bed dead—there was a scalp wound at the back of his head about an inch and a half long—there was effusion of blood on the brain, which was the cause of death—his lungs were very much congested, and injury to the head would be more likely to be injurious than to a healthy man—there was no fracture—a kick, a blow, or fall would cause the injury—he had been dead about 8 hours—the injury to the head would probably cause insensibility.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I have heard the evidence—the injury that caused death might have been from the fall and kick at the fish-shop, or from the fall in the archway; it is possible that the commencement of the fatal injury took place at the fish-shop, but that might not have proved fatal if there had not been the subsequent excitement and fall.</p>
<p>
<hi rend="italic">The Prisoners' statements before the Magistrate.</hi> Lay said "The deceased was well known about the neighbourhood to be drunk, and he would have three or four fights a night before he came home"—Marshall said "I had never spoken to the man before in my life."</p>
<p>
<hi rend="smallCaps">
<rs id="t18881119-23-verdict-1" type="verdictDescription">
<interp inst="t18881119-23-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18881119-23-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Wednesday, November</hi> 21
<hi rend="italic">st</hi>, 1888.</p>
<p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t18881119-24">
<interp inst="t18881119-24" type="uri" value="sessionsPapers/18881119"/>
<interp inst="t18881119-24" type="date" value="18881119"/>
<join result="criminalCharge" id="t18881119-24-charge-1" targOrder="Y" targets="def1-24-18881119 t18881119-24-offence-1 t18881119-24-verdict-1"/>
<p>24.
<persName id="def1-24-18881119" type="defendantName">
<interp inst="def1-24-18881119" type="gender" value="male"/>
<interp inst="def1-24-18881119" type="age" value="29"/>
<interp inst="def1-24-18881119" type="surname" value="PEAECE"/>
<interp inst="def1-24-18881119" type="given" value="HARRY"/>
<interp inst="def1-24-18881119" type="occupation" value="general manager of newspaper"/>
<hi rend="largeCaps">HARRY PEAECE</hi> (29)</persName>
<rs id="t18881119-24-offence-1" type="offenceDescription">
<interp inst="t18881119-24-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18881119-24-offence-1" type="offenceSubcategory" value="embezzlement"/>, Embezzling and stealing £1 10
<hi rend="italic">s</hi>.,£1, and £1 10
<hi rend="italic">s</hi>. received by him for and on account of his master,
<persName id="t18881119-name-105" type="victimName">
<interp inst="t18881119-name-105" type="gender" value="male"/>
<interp inst="t18881119-name-105" type="surname" value="NARBURGH"/>
<interp inst="t18881119-name-105" type="given" value="THOMAS"/>
<interp inst="t18881119-name-105" type="occupation" value="newspaper propietor"/>
<join result="offenceVictim" targOrder="Y" targets="t18881119-24-offence-1 t18881119-name-105"/>Thomas Narburgh</persName>.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. CORRIE GRANT</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">BACK</hi>
<hi rend="italic">Prosecuted;</hi>
<hi rend="smallCaps">MR. GILL</hi>
<hi rend="italic">Defended.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-106" type="witnessName">
<interp inst="t18881119-name-106" type="gender" value="male"/>
<interp inst="t18881119-name-106" type="surname" value="NARBUEGH"/>
<interp inst="t18881119-name-106" type="given" value="THOMAS"/>THOMAS NARBUEGH</persName> </hi>. I am proprietor of the paper called the
<hi rend="italic">Sporting Clipper</hi>—the prisoner was in my employment as general manager, and had been so eight years last March—I am usually absent from London on Tuesday, Wednesday, Thursday, and Friday—whether I was absent or present it was the prisoner's duty to open all letters and do the correspondence; he had the whole management of the paper—if a letter came enclosing money it was his duty to send a receipt and enter the name and address of the person on the counterfoil; then he would enter the name and address in the subscribers' book—all the money he received was to be placed in the safe, of which he had the key—he accounted to me for it usually at the end of the week, nearly every week, when I settled up with him—I reckoned up the money and compared it with the counterfoils, and if correct I signed the last receipt in the book—I had suspicion before October this year, because the receipts fell off so much, but I could not find it out—I told him to take four days' leave of absence, and while he was absent I received more than 200 complaints from subscribers—amongst them was one from Mr. Manner, of the Queen's Hotel, Manchester Road, Poplar—thereupon I searched the receipt book to see if I had any entry of his name—I could not find any—I could not find his name entered in the subscribers', book—this book (
<hi rend="italic">produced</hi>) is in the prisoner's writing—I find entered in it Mr. Manner's name—the endorsement to this cheque (H. Pearce) is in the prisoner's writing, and this bundle of envelopes is addressed in the prisoner's writing—I have recently examined the end of my receipt book, I find about 25 pages and about 100 receipts have been cut out with a</p>
<xptr type="pageFacsimile" doc="188811190023"/>
<p>penknife, counterfoils and all—there are four receipts on a page—subsequently to the prisoner's leaving I received this letter from him on Saturday, November 3—it is in his writing. (
<hi rend="italic">This expressed regret for careless conduct, and a desire in any way to repair any havoc it had caused, and a hope that in view of his aged parents' condition he might be permitted to do his best to retrieve his position and still write for the paper.</hi>) I wrote in answer to the prisoner's father, because I wanted his book with the addresses; I did not write to the prisoner, I had no address.</p>
<p>
<hi rend="italic">Cross-examined.</hi> The publisher (Brooke) brings out the
<hi rend="italic">Sporting Clipper</hi>—he has been publisher for eight years—Locke Narburgh is my son, he is about 20—he was 19 on 12th November—in 1883 he was about 13 or 14—he has been on the register of the paper for two or three years—I cannot say if he has been since 1883—I have been very ill, on my death-bed very nearly; it has affected my memory very much—I don't know that this boy of 14 was registered as publisher in 1883—he was registered as proprietor—I have been abroad for two or three months at a time—I don't know if he was put on the register as printer and publisher—the prisoner generally put the article together from my notes—I have written hundreds of articles for this paper—I have not done so within the last year; perhaps I wrote some last year—the prisoner had to pay the wages on every Friday—on a few occasions he got advertisements for the paper; it was not part of his business to do so; we do not press anyone to advertise—we do not want advertisements; as a rule, we had a good business without them—to my knowledge he did not pay money out of his pocket to agents and others to get advertisements—I never heard of his doing so—
<hi rend="italic">Advertisement read:</hi>—"'Turf Investments. A Guide to Winning on the Turf,' by T. Narburgh, the result of 25 years practical experience in the ring. This system of backing horses, being entirely new and original, will be found the best guide to winning money on the turf ever published, being simple in action and certain in its results. Mr. Thomas Narburgh has been the most successful backer of horses in the kingdom under this system, having won a fortune, and what is more, retained it. Post free from the author, 1
<hi rend="italic">s</hi>. T. Narburgh, Elstree, Herts. I am the most successful backer of horses in the kingdom; I have won a lot of money, a fortune, and kept it—I am a member of the Victoria Club, not Tattersall's. I could be a member of that; I do not care about it." (
<hi rend="italic">Another advertisement was read, announcing that T. Narburgh would attend Yarmouth and Kempton Park meetings, and adding,</hi> "Mr. Thomas Narburgh has determined to discontinue sending results of races, as these are for the most part required only for fraudulent purposes.")—We send results of races from the office—my business is quite distinct from the business in London—my son has advertised as Jack the Spaniard—I have not—he asked my permission to put the advertisement in—(
<hi rend="italic">An Advertisement was read to the effect that Mr. Potter Brown would telegraph selections for Brighton and Lewes for £1 Address P. Brown, Emery's Temperance Hotel, Brighton</hi>). I decline to say if that was my advertisement—I was personally advertising from the Post Office, Brighton—I do not have two addresses in the same town at race meetings, one in the name of Narburgh, and one in another name—I never had letters sent to Ludgate Circus in any name—I decline to answer anything referring to Potter Brown—I describe myself as possessing this marvellous skill and certain system—I continue to offer</p>
<xptr type="pageFacsimile" doc="188811190024"/>
<p>my services to the public—I should be at Manchester now—I have advertised for 25 years in the name of Narburgh—I have not looked into the law on this question of advising people; that had nothing to do with my putting the boy forward as the proprietor of the paper—I was seriously ill at the time, on my death-bed it was thought, and I left the property in the will to him, and it was thought it had better be in his name—this was three or four years ago—this paper is printed on Friday night, and brought out on Saturday—the prisoner attended at the office entirely—my son was also there, and another clerk—the paper was not printed at the office, but the type is composed there—George Ascot Voysey is dead—I should be at the office on Monday, from 10 o'clock until about 3—I did not send the prisoner a telegram asking him to meet me after I had sent him away—I do not know it was the practice not to give a formal receipt for amounts under 5
<hi rend="italic">s</hi>.—these are my initials; it is a receipt—when a receipt is missed another is taken from the end of the book—if the prisoner was not in the office during the week, the boy would see persons who called, or my son would sometimes—my son, the registered proprietor, would not have authority to do what he pleased; he was under the prisoner—the prisoner saw everyone who came, unless he was away, and then I don't know who would see them.</p>
<p>
<hi rend="italic">Re-examined.</hi> I had my son's name put on the register because I was ill—I cannot recollect when the registration took place; it was within the last few years—I left my son the paper in the will when I was ill, and in case I should die his mother said his name had better be put on the register to save bother—since then there has been no alteration in it; it has been in the hands of the publisher—besides money from subscriptions and advertisements, the prisoner received money from the wholesale newsagents on Friday, and out of "that money he made what payments he had to make—I have his last statement of the payments—I always kept him well supplied with money; he was never short—he had never paid money out of sums received for subscriptions or advertisements to my knowledge—it was his duty to cross the cheques with the name of my bankers, the Union Bank of London, Chancery Lane—it was his duty to put all money received from subscriptions and advertisements into the safe, and to pay it over to me when he accounted, not to spend it; he had plenty of money.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-107" type="witnessName">
<interp inst="t18881119-name-107" type="gender" value="male"/>
<interp inst="t18881119-name-107" type="surname" value="USHER"/>
<interp inst="t18881119-name-107" type="given" value="RICHARD"/>RICHARD USHER</persName> </hi>. I am 14 years of age—I am office boy to Mr. Narburgh—I address envelopes and wrappers out of the special edition book of quarterly and annual subscribers—I never saw the prisoner address wrappers, but I have seen him address envelopes—he got the addresses from pieces of paper and envelopes which he took out of his pocket—he put special editions into the envelopes, stamped and stuck them down, and I posted them—the special edition went in on Monday—the prisoner did not address the envelopes or put the special edition in when Mr. Narburgh was there.</p>
<p>
<hi rend="italic">Cross-examined.</hi> Mr. Narburgh was there on Monday mornings for four hours—Friday was the busiest day in the week—no one else came there to write for the paper at all—I did not write for it—the prisoner paid people who came to be paid during the week—he would. sometimes be away from the office, and then Locke Narburgh would be there—I have been there since the week before Christmas—a file of receipts is</p>
<xptr type="pageFacsimile" doc="188811190025"/>
<p>kept in the office—wages would be paid on Friday night—the prisoner would be very busy sometimes in the week, and on Friday all day, and sometimes nearly all night—Monday is also a busy day, there is a great deal to do.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-108" type="witnessName">
<interp inst="t18881119-name-108" type="gender" value="male"/>
<interp inst="t18881119-name-108" type="surname" value="MARNER"/>
<interp inst="t18881119-name-108" type="given" value="HARRY GOODWIN"/>HARRY GOODWIN MARNER</persName> </hi>. I keep the Queen Hotel, Manchester Road, Poplar—in February last I sent this cheque for 30
<hi rend="italic">s</hi>., payable to Mr. Pearce, for a year's subscripton to the
<hi rend="italic">Sporting Clipper</hi>—I should say I received a receipt—I could not find it, but I found my. receipt for 1887—my cheque was returned to me through my bankers as usual—early in October I did not get the paper, and wrote to the proprietor, complaining of it, and in consequence of that letter I am here.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I do not know the prisoner—I have not given evidence before.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-109" type="witnessName">
<interp inst="t18881119-name-109" type="gender" value="male"/>
<interp inst="t18881119-name-109" type="surname" value="BURRELL"/>
<interp inst="t18881119-name-109" type="given" value="HENRY SAUNDERS"/>HENRY SAUNDERS BURRELL</persName> </hi>. I am landlord of the Essex Head, in Essex Street, Strand—the endorsement H. S. Burrell to this cheque is in my writing—I gave 30
<hi rend="italic">s</hi>. to the prisoner, who gave me the cheque.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I have known him about ten years—I knew who he was—he has been an exceptionally hard-working man all the time I have known him.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-110" type="witnessName">
<interp inst="t18881119-name-110" type="gender" value="male"/>
<interp inst="t18881119-name-110" type="surname" value="DAVIDSON"/>
<interp inst="t18881119-name-110" type="given" value="JOHN"/>JOHN DAVIDSON</persName> </hi> (
<hi rend="italic">City Detective</hi>). On Tuesday, 6th November, I went to Lichfield, in Staffordshire, where I found the prisoner in custody—I told him I had a warrant for his arrest, and he must
<hi rend="italic">go</hi> with me to London—he said, "All right"—a portmanteau was given to me as his property, and I searched it in his presence—I found this little black book, containing a number of addresses of people, among them Mr. Marner's; also 221 envelopes addressed to different people similarly to this top one, which is to Mr. Marner; and I found also a number of letters addressed to" Pearce,
<hi rend="italic">Sporting Clipper,</hi> Fleet Street, "all opened—I brought the prisoner to London; and he was charged at the Mansion House.</p>
<p>
<hi rend="italic">Cross-examined.</hi> The keys of the portmanteau were in charge of the police—the envelopes and papers were in his portmanteau—I have known the prisoner about four years as a pressman in Fleet Street.</p>
<p>
<hi rend="smallCaps">
<rs id="t18881119-24-verdict-1" type="verdictDescription">
<interp inst="t18881119-24-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18881119-24-verdict-1" type="verdictSubcategory" value="withRecommendation"/>GUILTY</rs> </hi>.
<hi rend="italic">Recommended to mercy by the Jury on account of the surroundings of the case and the reparation he offered.—
<rs id="t18881119-24-punishment-15" type="punishmentDescription">
<interp inst="t18881119-24-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t18881119-24-punishment-15" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-24-18881119 t18881119-24-punishment-15"/>Four Months' Hard labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18881119-25">
<interp inst="t18881119-25" type="uri" value="sessionsPapers/18881119"/>
<interp inst="t18881119-25" type="date" value="18881119"/>
<join result="criminalCharge" id="t18881119-25-charge-1" targOrder="Y" targets="def1-25-18881119 t18881119-25-offence-1 t18881119-25-verdict-1"/>
<p>25.
<persName id="def1-25-18881119" type="defendantName">
<interp inst="def1-25-18881119" type="gender" value="male"/>
<interp inst="def1-25-18881119" type="surname" value="HUMPHREYS"/>
<interp inst="def1-25-18881119" type="given" value="ARTHUR"/>
<interp inst="def1-25-18881119" type="occupation" value="discharged soldier"/>
<hi rend="largeCaps">ARTHUR HUMPHREYS</hi> </persName>,
<rs id="t18881119-25-offence-1" type="offenceDescription">
<interp inst="t18881119-25-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18881119-25-offence-1" type="offenceSubcategory" value="wounding"/>Unlawfully inflicting grievous bodily harm on
<persName id="t18881119-name-112" type="victimName">
<interp inst="t18881119-name-112" type="gender" value="male"/>
<interp inst="t18881119-name-112" type="age" value="60"/>
<interp inst="t18881119-name-112" type="surname" value="CRISPIN"/>
<interp inst="t18881119-name-112" type="given" value="EDWARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18881119-25-offence-1 t18881119-name-112"/>Edward Crispin</persName>, and assaulting
<persName id="t18881119-name-113" type="victimName">
<interp inst="t18881119-name-113" type="gender" value="female"/>
<interp inst="t18881119-name-113" type="surname" value="CRISPIN"/>
<interp inst="t18881119-name-113" type="given" value="CATHERINE"/>
<join result="offenceVictim" targOrder="Y" targets="t18881119-25-offence-1 t18881119-name-113"/>Catherine Crispin</persName>.</rs> </p>
<p>
<hi rend="smallCaps">MR. PICKERSGILL</hi>
<hi rend="italic">Prosecuted;</hi>
<hi rend="smallCaps">MR. GEOGHEGAN</hi>
<hi rend="italic">Defended.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-114" type="witnessName">
<interp inst="t18881119-name-114" type="gender" value="male"/>
<interp inst="t18881119-name-114" type="surname" value="CRISPIN"/>
<interp inst="t18881119-name-114" type="given" value="EDWARD"/>EDWARD CRISPIN</persName> </hi>. I live at 30, Finch Street, Whitechapel—between half-past 11 and 12 on Bank Holiday night, 6th August, I was standing just inside the gate of my house, when my attention was attracted by two boys fighting almost opposite my gate in the street—I did not know them—I crossed the road, and said, "Leave off fighting"—the prisoner, who was in the mob and backing one of the boys up, struck me on the head with his two fists—I fell down; he jumped on my left leg—I became insensible, and found myself in the hospital—I knew the prisoner before.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I live next door to the Hop Pole beer-house—the fight was closer to my gate than to the middle of the road—it had been going on five or ten minutes—there was a mob of people all standing round—I and the prisoner have been friends; he had no reason to bear me animosity, nor I him; we are neighbours—he jumped on me imme
<lb/>diately</p>
<xptr type="pageFacsimile" doc="188811190026"/>
<p>after he knocked me down—I was lying on my side—the Hop Pole does not give a very bright light—I could see very well; my gas was alight, and shone under my gate—there were people between me and the gate—I did not see my wife come up—my wife and another man drew me out of the mob—she spoke to me as I was taken in at the gate—she went indoors when I went out of the gate, and when I hallo out, "My leg is broken," she came to me out of my house—I left the gate open when I came out; there is a wicket-gate, and then the parlour door to my house.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-115" type="witnessName">
<interp inst="t18881119-name-115" type="gender" value="female"/>
<interp inst="t18881119-name-115" type="surname" value="CRISPIN"/>
<interp inst="t18881119-name-115" type="given" value="CATHERINE"/>CATHERINE CRISPIN</persName> </hi>. I am the prosecutor's wife. On the night of 6th August I was outside our gate—I saw two boys fighting outside the Hop Pole—I followed my husband out—I saw the prisoner knock him to the ground with his two fists; I was by my husband's side then, close to him—after that the prisoner jumped on him deliberately; I cannot say what part he jumped on—he broke his leg—I helped to get my husband indoors, and as I did so the prisoner gave me two blows on the side of my face, they have made me rather hard of hearing ever since—I was by my husband's side, outside, when the prisoner struck me—I know him quite well.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I cannot tell why he did it—I and my husband were sitting indoors and heard a disturbance; I got up and went with him to see what had taken place, and saw the two boys fighting—I did not know either of-the boys—I did not speak to my husband when I got up, I was close to him—there was a crowd of boys round to see the fight, not big boys; the prisoner was the tallest and biggest of the lot—I did not notice if the boys were scuffling to see the fight—I could not see what part of my husband the prisoner jumped on, because it was so dark—the people were not shoving and pushing about by my husband's side—they were not standing orderly, like people sitting in the pit of a theatre.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-116" type="witnessName">
<interp inst="t18881119-name-116" type="gender" value="male"/>
<interp inst="t18881119-name-116" type="surname" value="JONES"/>
<interp inst="t18881119-name-116" type="given" value="OSWALD MEREDITH"/>OSWALD MEREDITH JONES</persName> </hi>. I am house surgeon at the London Hospital—just after midnight on 7th August I saw Crispin there—he was suffering from a breakage of both bones of the lower part of his left leg—I could not be positive as to how it was caused—I have heard the description of the jumping on him—it is quite possible that would account for it, but I could not swear to it—he is still under my care.</p>
<p>
<hi rend="italic">Cross-examined.</hi> It is quite as likely that the injury was caused by his falling down—it is more likely to have been caused by a fall—he is a fairly heavy man.</p>
<p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. He is 60 years old, and bones get very brittle with age, and do not unite readily, and these did not unite when first set.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-117" type="witnessName">
<interp inst="t18881119-name-117" type="gender" value="male"/>
<interp inst="t18881119-name-117" type="surname" value="IMOFF"/>
<interp inst="t18881119-name-117" type="given" value="HENRY"/>HENRY IMOFF</persName> </hi> (
<hi rend="italic">Policeman H</hi> 211). I took the prisoner into custody on 7th August, about a quarter past 6 a.m.—I knocked at his door; his mother came and called him down; he was in bed—I said, "I shall take you into custody for assaulting Mr. Crispin over the way; he is now lying in the hospital"—he said,
<hi rend="italic">u</hi> Very well; I did not do it; I am very sorry for the old man. "</p>
<p>
<hi rend="italic">Cross-examined.</hi> To the best of my belief the prisoner has been a soldier—I have heard he served through the Egyptian campaign, and has a bronze star, and was discharged with a good character.</p>
<p>
<hi rend="italic">Witnesses for the Defence.</hi>
<hi rend="smallCaps">GEORGE HENSHAW</hi>. I am a printer of 61, Fuller Street, Bethnal Green</p>
<xptr type="pageFacsimile" doc="188811190027"/>
<p>—on this night I was standing a little way from the Hop Pole, looking at two
<hi rend="italic">chaps</hi> fighting in the middle of the road—I saw the prosecutor come out of his gate and rush over, and the prisoner put up his arm to prevent him interfering with the fight, and said, "It is nothing to do with you"—and then the prosecutor struck the prisoner in the chin, but before the prisoner had time to hit him back a man pulled the prisoner away; I do not know the man's name—then the prosecutor rushed in among the mob to separate the boys, and he fell or was knocked down, I could not say which—I am certain the prisoner did not jump on his leg—I did not see the prisoner again that evening—a man took him away—I waited till the fight was over—I heard the prosecutor complaining of his leg after he fell.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I was at the Police-court on 18th September, but did not give evidence—I was 2 or 3 yards from the prisoner and prosecutor standing on the kerb—the man who pulled the prisoner away had the appearance of a foreigner—I only knew the prisoner by sight before that evening—all the mob was round the prosecutor before he fell or was knocked down.</p>
<p>
<hi rend="italic">Re-examined.</hi> The prisoner was represented by Mr. Earle, a solicitor, at the Police-court—I was there, ready and willing to give evidence, but Mr. Earle, in the exercise of his discretion, did not call evidence.</p>
<p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. I did not see if the blow struck by the prosecutor upon the prisoner's chin had any effect on him—he did not fall as the result of the blow.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-118" type="witnessName">
<interp inst="t18881119-name-118" type="gender" value="male"/>
<interp inst="t18881119-name-118" type="surname" value="LITTLE"/>
<interp inst="t18881119-name-118" type="given" value="HENRY WILLIAM"/>HENRY WILLIAM LITTLE</persName> </hi>. I am a warehouseman, and live at 13, Finch Street—on this night I was going to bed, and saw the disturbance in the street caused by the two boys fighting—I went in the street, there was a large crowd round the two boys—the prisoner is related to me—I have been on friendly terms with Crispin as a neighbour—I got up in time to see Crispin make a lunge at the prisoner, who was about to retaliate when some man took him away—I did not know that man's name; I have seen him once since—I believe he was here last Sessions to give evidence—the case was postponed because the prosecutor was not well enough to attend—I did not see what became of Crispin, I went indoors—the prisoner has been in the army, and was discharged invalided with a good conduct stripe and the bronze star.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I was outside the Police-court on 18th September but was not called—I came away with the prisoner, and did not notice the prosecutor afterwards—I did not see prisoner strike Mrs. Crispin—I should certainly have seen it if he had done so.</p>
<p>
<hi rend="italic">Re-examined.</hi> I believe Mr. Earle, the solicitor, knew I was at the Police-court—I did not give him my name.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-119" type="witnessName">
<interp inst="t18881119-name-119" type="gender" value="male"/>
<interp inst="t18881119-name-119" type="surname" value="GOODALL"/>
<interp inst="t18881119-name-119" type="given" value="ROBERT"/>ROBERT GOODALL</persName> </hi>. I am a cabinet-maker, at 48, Wandsworth Gardens, Bethnal Green Road—I know the prisoner by sight only—on this night I was returning home and saw the lads fighting; they were 16 to 18 years old, I should say, a crowd was round them—I went up to look—I saw Crispin rush out of his gate; he struck the prisoner about the chin—the prisoner would have retaliated, but before he could recover his feet some man, who looked to me to be a German, took him by his arm and dragged him away—the prosecutor ran into the mob and he was then either struck or he fell; the mob seem to open and I saw him fall to the ground—I could not say he was struck—the prisoner was not there when he fell—I</p>
<xptr type="pageFacsimile" doc="188811190028"/>
<p>did not see Mrs. Crispin there till she came and picked the prosecutor up with the help of a lad—I did not see the prisoner strike her two blows; he was not there—I had not spoken to the prisoner before this; he was quite a stranger to me except by sight—since this I have spoken to him once or twice at his door.</p>
<p>
<hi rend="italic">Cross-examined.</hi> The prisoner was dragged away towards his own door, and I lost sight of him altogether—I had not Mrs. Crispin in view during the whole time of these occurrences—the last I saw of her was when she was helping Mr. Crispin up; I was about 10 yards off at the time—I walked away then towards the prisoner's door, and told him he had better take our advice—I fancied the prosecutor was hurt—I did not go and see if he was, because I am not so fast in interfering with a row—I saw no more of Mr. and Mrs. Crispin, only when they were at the gate and the lad with them—Mr. Crispin did not fall there—I saw him going up to the gate, just past the kerb—I will swear that at that time the prisoner was not near the Crisping; I was almost the only soul there, for the mob was dispersed then, going towards the other end of the street—I did not see Mrs. Crispin struck.</p>
<p>
<hi rend="italic">Re-examined.</hi> I saw Crispin in the care of his wife and a boy—I was not above 6 or 7 yards from him when he ran into the mob, I should think.</p>
<p>
<hi rend="smallCaps">
<rs id="t18881119-25-verdict-1" type="verdictDescription">
<interp inst="t18881119-25-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18881119-25-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18881119-26">
<interp inst="t18881119-26" type="uri" value="sessionsPapers/18881119"/>
<interp inst="t18881119-26" type="date" value="18881119"/>
<join result="criminalCharge" id="t18881119-26-charge-1" targOrder="Y" targets="def1-26-18881119 t18881119-26-offence-1 t18881119-26-verdict-1"/>
<join result="criminalCharge" id="t18881119-26-charge-2" targOrder="Y" targets="def2-26-18881119 t18881119-26-offence-1 t18881119-26-verdict-1"/>
<p>26.
<persName id="def1-26-18881119" type="defendantName">
<interp inst="def1-26-18881119" type="gender" value="male"/>
<interp inst="def1-26-18881119" type="age" value="28"/>
<interp inst="def1-26-18881119" type="surname" value="GAMMON"/>
<interp inst="def1-26-18881119" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES GAMMON</hi> (28)</persName> and
<persName id="def2-26-18881119" type="defendantName">
<interp inst="def2-26-18881119" type="gender" value="male"/>
<interp inst="def2-26-18881119" type="age" value="21"/>
<interp inst="def2-26-18881119" type="surname" value="CONNOLLY"/>
<interp inst="def2-26-18881119" type="given" value="DANIEL"/>
<hi rend="largeCaps">DANIEL CONNOLLY</hi> (21)</persName>
<rs id="t18881119-26-offence-1" type="offenceDescription">
<interp inst="t18881119-26-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18881119-26-offence-1" type="offenceSubcategory" value="burglary"/>, Burglary in the dwelling-house of
<persName id="t18881119-name-122" type="victimName">
<interp inst="t18881119-name-122" type="gender" value="female"/>
<interp inst="t18881119-name-122" type="surname" value="MATTHEWS"/>
<interp inst="t18881119-name-122" type="given" value="ELIZA"/>
<join result="offenceVictim" targOrder="Y" targets="t18881119-26-offence-1 t18881119-name-122"/>Eliza Matthews</persName>, and stealing three bracelets and other articles, her property.</rs> </p>
<p>
<hi rend="smallCaps">MR. PARTRIDGE</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-123" type="witnessName">
<interp inst="t18881119-name-123" type="gender" value="male"/>
<interp inst="t18881119-name-123" type="surname" value="KIRBY"/>
<interp inst="t18881119-name-123" type="given" value="JOHN"/>JOHN KIRBY</persName> </hi> (
<hi rend="italic">Policeman T</hi> 673). About 2 o'clock a. m. on 13th October I was on duty opposite 21, Devonport Road, Shepherd's Bush, when I heard a loud crash, and saw a light in the bedroom window of No. I—I went a little way off the house, keeping observation on it, and called Samworth to my assistance—I said something to him, and we proceeded to the house; there is a garden and gate in front—we got over the gates, which were locked, the light was extinguished—we found a window had been broken open 6 inches, the putty having been cut away on one side, and a pane of glass broken against the catch, and catch forced back—the window was closed then—we pushed it open and got in and examined the bottom of the house, and found no one there—the house was very quiet—we then proceeded to the next landing, and found that was safe; and we went up to the top bedroom, and there found the prisoners underneath the bed—I asked them what they were doing there—they said they were having a night's rest, and were let in by two girls—we took them into custody—the kitchen and bedroom were in awful confusion, everything was out of place—I did not see them take anything out of their pockets.</p>
<p>
<hi rend="italic">Cross-examined by Gammon.</hi> You had your shoes and jackets off—I don't remember you telling us to search the house to see if we could find the two women.</p>
<p>
<hi rend="italic">Cross-examined by Connolly.</hi> The bed-clothes were disarranged, as if. someone had been on the bed.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-124" type="witnessName">
<interp inst="t18881119-name-124" type="gender" value="male"/>
<interp inst="t18881119-name-124" type="surname" value="SAMWORTH"/>
<interp inst="t18881119-name-124" type="given" value="JAMES"/>JAMES SAMWORTH</persName> </hi> (
<hi rend="italic">Policeman T</hi> 638). I was called by the last witness, and went with him into the house, which I found in a state of disorder—</p>
<xptr type="pageFacsimile" doc="188811190029"/>
<p>we found the prisoners upstairs; they said they had been let into the house by two servant girls—we searched the house; there were no servants there—we took them into custody, and took them downstairs into the sitting-room—Gammon pulled from his pocket a pair of shoes, coral necklet, 3 silver bangles, imitation diamond cross, ear-drop, and an old wedding ring in a case—Connolly took these beads and box of matches from his pocket—we took them to the station; they made no answer to the charge.</p>
<p>
<hi rend="italic">Cross-examined by Gammon.</hi> You had your boots off—you had been drinking, but were not drunk—it did not take you nearly half an hour to put your boots and jacket on—there was no trace of any woman in the house; no shawl, or bonnet, or parcel.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-125" type="witnessName">
<interp inst="t18881119-name-125" type="gender" value="male"/>
<interp inst="t18881119-name-125" type="surname" value="BAGGALLAY"/>
<interp inst="t18881119-name-125" type="given" value="WORTLEY WILLIAM"/>WORTLEY WILLIAM BAGGALLAY</persName> </hi>. I am a house and estate agent at 23, Lower Phillimore Street, Kensington—this house, 21, Devonport Road, was in the occupation of Mrs. Elizabeth Matthews, a widow—I was with her on 13th August, when she went away; I saw the house locked up, the keys were delivered to me—I recognise this cross and this wedding ring; I know it as Mrs. Matthews's wedding ring—I recognise these three articles as here—I saw them put away in a cupboard—she was tenant of the house.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-126" type="witnessName">
<interp inst="t18881119-name-126" type="gender" value="male"/>
<interp inst="t18881119-name-126" type="surname" value="MATTHEWS"/>
<interp inst="t18881119-name-126" type="given" value="ARTHUR WILLIAM"/>ARTHUR WILLIAM MATTHEWS</persName> </hi>. I live at 21, Brompton Street, Chelsea, and am son of Mrs. Matthews, tenant of this house—I recognise these three bangles and these beads as my mother's property.
<hi rend="italic">Gammon, in his defence, said they drank with the women, who took them into the house. Connolly said he had had a drop of drink, or he should not have gone there.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18881119-26-verdict-1" type="verdictDescription">
<interp inst="t18881119-26-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18881119-26-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<p>
<hi rend="largeCaps">GAMMON</hi> then
<hi rend="smallCaps">PLEADED GUILTY**</hi> to a conviction of felony in October, 1887, and
<hi rend="largeCaps">CONNOLLY</hi>** to one in November, 1886.—
<hi rend="italic">
<rs id="t18881119-26-punishment-16" type="punishmentDescription">
<interp inst="t18881119-26-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t18881119-26-punishment-16" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-26-18881119 t18881119-26-punishment-16"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-26-18881119 t18881119-26-punishment-16"/>Twelve Months' Hard Labour each</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18881119-27">
<interp inst="t18881119-27" type="uri" value="sessionsPapers/18881119"/>
<interp inst="t18881119-27" type="date" value="18881119"/>
<join result="criminalCharge" id="t18881119-27-charge-1" targOrder="Y" targets="def1-27-18881119 t18881119-27-offence-1 t18881119-27-verdict-1"/>
<p>27.
<persName id="def1-27-18881119" type="defendantName">
<interp inst="def1-27-18881119" type="gender" value="male"/>
<interp inst="def1-27-18881119" type="age" value="24"/>
<interp inst="def1-27-18881119" type="surname" value="WLLLSON"/>
<interp inst="def1-27-18881119" type="given" value="JULIUS"/>
<hi rend="largeCaps">JULIUS WLLLSON</hi> (24)</persName>
<rs id="t18881119-27-offence-1" type="offenceDescription">
<interp inst="t18881119-27-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18881119-27-offence-1" type="offenceSubcategory" value="shoplifting"/>, Stealing a scarf-pin, the goods of
<persName id="t18881119-name-128" type="victimName">
<interp inst="t18881119-name-128" type="gender" value="male"/>
<interp inst="t18881119-name-128" type="surname" value="CAMPBELL"/>
<interp inst="t18881119-name-128" type="given" value="ANDREW"/>
<interp inst="t18881119-name-128" type="occupation" value="jeweller"/>
<join result="offenceVictim" targOrder="Y" targets="t18881119-27-offence-1 t18881119-name-128"/>Andrew Campbell</persName>.</rs> </p>
<p>
<hi rend="smallCaps">MR. HEDDON</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-129" type="witnessName">
<interp inst="t18881119-name-129" type="gender" value="male"/>
<interp inst="t18881119-name-129" type="surname" value="FARRAR"/>
<interp inst="t18881119-name-129" type="given" value="ALFRED"/>ALFRED FARRAR</persName> </hi>. I am manager to Andrew Campbell, jeweller, of 63, Cheapside—about 7.30 on night of 2nd November the prisoner came in our shop and asked to look at some scarf-pins—3 trays of scarf-pins were shown him by an assistant—while he was looking at them Detective Jukes beckoned me from outside—I went outside, something passed, in consequence of which I returned into the shop, locked the door, and put the key into my pocket—I found one pin missing from the three trays—I said to the assistant, in the prisoner's hearing, "There is one missing"—I said to the prisoner, "I shall charge you with having stolen a pin"—he said, "I have not the pin; I am a gentleman, and quite capable of purchasing a scarf-pin"—I called the officer to search him—during the time the officer was searching him he had his left hand in his trousers pocket, and the officer clutched his hand and twisted it round, and he had the pin in his hand—I identify it as Mr. Campbell's property; it was safe in the tray just before.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-130" type="witnessName">
<interp inst="t18881119-name-130" type="gender" value="male"/>
<interp inst="t18881119-name-130" type="surname" value="JUKES"/>
<interp inst="t18881119-name-130" type="given" value="JOHN"/>JOHN JUKES</persName> </hi>. About half-past 7 on 2nd November I was in Cheapside—in consequence of information received I went to Mr. Campbell's, where I saw the prisoner in the shop with 3 trays in front of him—I beckoned the manager out; he returned to the shop, and after</p>
<xptr type="pageFacsimile" doc="188811190030"/>
<p>wards called me in and told me before the prisoner that there was a pin gone out of one of the trays, and he said, "This man has it"—I said to the prisoner, "I'm a police-officer; have you taken any of these pins?"—he said, "No"—I saw his left hand was in his trousers pocket—I said, "What have you got in your pocket?"—he said, "Nothing"—I said "Pull your hand out"—he pulled his hand out and held it in this fashion, as though in the act of putting something in his sleeve—I took his hand and found this pin in it—I also found the price ticket of the pin in his left hand trousers pocket—I told him I should take him into custody—on the way to the station he said, "I can prove I bought that pin there a week ago"—a little later on, before we got to the station, he said, "I don't call that stealing; if he likes to lay his pins about, that is his own look out"—I found on him at the station 2 pawnbrokers' duplicates for pins—I have seen those pins, they are both new; I have not been able to find their owners.</p>
<p>
<hi rend="italic">The prisoner's statement before the Magistrate:</hi> "I had got no intention to steal the thing; I went into the shop to buy things for money, and in a hurry I put the pin in my pocket. "</p>
<p>
<hi rend="italic">The prisoner in his defence said that he put his gloves into his pocket, and that the pin must have got inside his glove without his noticing it.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-131" type="witnessName">
<interp inst="t18881119-name-131" type="gender" value="male"/>
<interp inst="t18881119-name-131" type="surname" value="JUKES"/>
<interp inst="t18881119-name-131" type="given" value="JOHN"/>JOHN JUKES</persName> </hi> (
<hi rend="italic">Re-examined</hi>). The prisoner had not got his gloves on when I took hold of his hand—he had £2 14
<hi rend="italic">s</hi>. 1
<hi rend="italic">d</hi>. and 80 marks in paper on him.</p>
<p>
<hi rend="smallCaps">
<rs id="t18881119-27-verdict-1" type="verdictDescription">
<interp inst="t18881119-27-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18881119-27-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. —
<hi rend="italic">
<rs id="t18881119-27-punishment-17" type="punishmentDescription">
<interp inst="t18881119-27-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t18881119-27-punishment-17" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-27-18881119 t18881119-27-punishment-17"/>Nine Months' Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18881119-28">
<interp inst="t18881119-28" type="uri" value="sessionsPapers/18881119"/>
<interp inst="t18881119-28" type="date" value="18881119"/>
<join result="criminalCharge" id="t18881119-28-charge-1" targOrder="Y" targets="def1-28-18881119 t18881119-28-offence-1 t18881119-28-verdict-1"/>
<join result="criminalCharge" id="t18881119-28-charge-2" targOrder="Y" targets="def2-28-18881119 t18881119-28-offence-1 t18881119-28-verdict-1"/>
<p>28.
<persName id="def1-28-18881119" type="defendantName">
<interp inst="def1-28-18881119" type="gender" value="male"/>
<interp inst="def1-28-18881119" type="age" value="32"/>
<interp inst="def1-28-18881119" type="surname" value="BEEN"/>
<interp inst="def1-28-18881119" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY BEEN</hi> (32)</persName> and
<persName id="def2-28-18881119" type="defendantName">
<interp inst="def2-28-18881119" type="gender" value="male"/>
<interp inst="def2-28-18881119" type="age" value="32"/>
<interp inst="def2-28-18881119" type="surname" value="BARRETT"/>
<interp inst="def2-28-18881119" type="given" value="ALFRED"/>
<hi rend="largeCaps">ALFRED BARRETT</hi> (32)</persName>
<rs id="t18881119-28-offence-1" type="offenceDescription">
<interp inst="t18881119-28-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18881119-28-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, Breaking and entering the warehouse of
<persName id="t18881119-name-134" type="victimName">
<interp inst="t18881119-name-134" type="gender" value="male"/>
<interp inst="t18881119-name-134" type="surname" value="BROWN"/>
<interp inst="t18881119-name-134" type="given" value="ALFRED JAMES"/>
<interp inst="t18881119-name-134" type="occupation" value="mantle manufacturer"/>
<join result="offenceVictim" targOrder="Y" targets="t18881119-28-offence-1 t18881119-name-134"/>Alfred James Brown</persName> and another, and stealing 334 cloth mantles.</rs> </p>
<p>
<hi rend="smallCaps">MR. DOUGLAS</hi>
<hi rend="italic">Prosecuted;</hi>
<hi rend="smallCaps">MR. PURCELL</hi>
<hi rend="italic">Defended Been, and</hi>
<hi rend="smallCaps">MR. BEARD</hi> </p>
<p>
<hi rend="italic">Defended Barrett.</hi>
<persName id="t18881119-name-135" type="witnessName">
<interp inst="t18881119-name-135" type="gender" value="male"/>
<interp inst="t18881119-name-135" type="surname" value="BROWN"/>
<interp inst="t18881119-name-135" type="given" value="ALFRED JAMES"/>
<hi rend="smallCaps">ALFRED JAMES BROWN</hi> </persName>. I am in partnership with Mr. Waller, and trade as Waller and Brown, mantle manufacturers, at 80, Hamsell Street, Jewin Street, in the City—we also have a room nearly opposite at No. 3, in the same street, on the third floor—three other tenants use the other floors for business purposes—on 9th November, at 10 minutes past 12 noon, as I was passing No.3 I noticed a horse and a covered van standing there full of our mantles—I knew them directly—Barrett was standing near the horse and van—just as I was going to speak to him Been came down from No. 3 with a bundle of these mantles, which he shot into the van—I said in the hearing of both prisoners, "Whose goods are these, and what are you doing with them?"—one of them said, "We don't know whose goods they are, but we came up to see the Lord Mayor's show, and were in the Grapes public-house, and a man came in with a brown beard and offered us two bob to bring these mantles down stairs, and we are doing so"—I said, "Where is the man?" and they said—"We don't see him"—and one of them said, "Where is the driver?"—I said, "I should think he is gone"—I saw a policeman, and gave them in charge—he detained them—I went upstairs and saw the door was locked with a padlock in the proper way, as we are in the habit of leaving it—we keep the key of the padlock in our counting-house—I came down again, without going into the room, and went to our counting-house at No. 30, where I found my key hanging up on its usual nail—we have only one key—I went up and unlocked the door—I found the place was disarranged and a number of mantles</p>
<xptr type="pageFacsimile" doc="188811190031"/>
<p>had gone—the policeman came up with the two prisoners—they said, "Yes, this is the room we brought them from; the man with the brown beard unlocked the door, and also locked it up again"—I was present when they were searched, and a key was found on Been, I think, which would unlock the padlock—I went over with Sergeant Taylor, and in his presence unlocked the padlock with the key found on Been—the value of the mantles is £61.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PURCELL</hi>. It might have been before I went upstairs that I asked Been who unlocked the door; I believe it was—he said he unlocked it, and also locked it up again; he did not add, "And gave me the key"—I am quite certain he did not say that.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BEARD</hi>. Barrett, when I first saw him, was standing on the pavement near the van, within 6 or 8 inches, I should think——I said at the Police-court he took part in the conversation, they were both speaking at the same time—I have given the same version now as at the Police-court, I think—I did not say there he said "the man offered me two bob if I would bring the goods down."</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-136" type="witnessName">
<interp inst="t18881119-name-136" type="gender" value="male"/>
<interp inst="t18881119-name-136" type="surname" value="OSMOND"/>
<interp inst="t18881119-name-136" type="given" value="WALTER"/>WALTER OSMOND</persName> </hi> (
<hi rend="italic">Policeman City</hi> 115). On 9th November Mr. Brown called me to the two prisoners at 3, Hamsell Street—there was a horse and van there—he said, "There is something wrong here, I wish you to detain these two men; they are removing my goods without my giving them authority"—I asked the prisoners who had given them authority to remove the goods, and Been said, "A man with a full brown beard; he asked us, as we were standing by the Grapes, if we wanted to earn two bob'—I said, "Where is the man?"—Been looked round and said, "I cannot see him"—I asked him where the carman was—he said, "There is no carman"—I asked Mr. Brown if the room was locked—he went upstairs, I remaining below with the prisoners—Mr. Brown came down again and said, "The room is locked in the usual way"—he went to 30, Hamsell Street, and came back, bringing the key with him; we went upstairs, I taking the two prisoners—I saw the door of the third floor opened—I heard no question asked as to the door of the room being locked—I searched the prisoners at the station, and found on Been this key, which fitted the padlock.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PURCELL</hi>. I did not hear Mr. Brown ask Been who unlocked the door—when I came up the prisoners were standing by the cart—I remained with them till they were taken into the room where the mantles were, and I did not hear Mr. Brown ask who unlocked the door, nor did I hear either prisoner say "the man that employed us unlocked it and locked it up again"—Been gave me a correct address—I have ascertained he is a fireman employed oh board a vessel.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BEARD</hi>. Barrett gave a correct address—there was no attempt to escape—they did everything asked of them.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-137" type="witnessName">
<interp inst="t18881119-name-137" type="gender" value="male"/>
<interp inst="t18881119-name-137" type="surname" value="SHEPHERD"/>
<interp inst="t18881119-name-137" type="given" value="WILLIAM"/>WILLIAM SHEPHERD</persName> </hi>. I am a fruiterer and greengrocer of Burley Road, Bow—I am the owner of the horse and van—on Saturday at Moor Lane Police Station I saw it—I let it out on the Thursday evening, 8th November, about seven, to a man giving the name of Jones, Phayre Street, Stepney—I knew nothing of him, he was an entire stranger—he paid 3
<hi rend="italic">s</hi>. deposit—the horse and van were to be returned in about 21/2 hours; I did not see it again till the 10th—I know nothing of the prisoners.</p>
<xptr type="pageFacsimile" doc="188811190032"/>
<p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">JURY</hi>. The man who hired it was a tall, dark, gentlemanly man—he had not been shaved for a fortnight or ten days.
<hi rend="italic">The Prisoners received good characters.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18881119-28-verdict-1" type="verdictDescription">
<interp inst="t18881119-28-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18881119-28-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18881119-29">
<interp inst="t18881119-29" type="uri" value="sessionsPapers/18881119"/>
<interp inst="t18881119-29" type="date" value="18881119"/>
<join result="criminalCharge" id="t18881119-29-charge-1" targOrder="Y" targets="def1-29-18881119 t18881119-29-offence-1 t18881119-29-verdict-1"/>
<p>29.
<persName id="def1-29-18881119" type="defendantName">
<interp inst="def1-29-18881119" type="gender" value="male"/>
<interp inst="def1-29-18881119" type="age" value="25"/>
<interp inst="def1-29-18881119" type="surname" value="KING"/>
<interp inst="def1-29-18881119" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN KING</hi> (25)</persName>
<hi rend="smallCaps">
<rs id="t18881119-29-verdict-1" type="verdictDescription">
<interp inst="t18881119-29-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18881119-29-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18881119-29-offence-1" type="offenceDescription">
<interp inst="t18881119-29-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18881119-29-offence-1" type="offenceSubcategory" value="theftFromPlace"/>to breaking and entering the counting-house of
<persName id="t18881119-name-139" type="victimName">
<interp inst="t18881119-name-139" type="gender" value="male"/>
<interp inst="t18881119-name-139" type="surname" value="POUND"/>
<interp inst="t18881119-name-139" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18881119-29-offence-1 t18881119-name-139"/>John Pound</persName>, and stealing a coat and other articles, his property. </rs>
<hi rend="italic">
<rs id="t18881119-29-punishment-18" type="punishmentDescription">
<interp inst="t18881119-29-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t18881119-29-punishment-18" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-29-18881119 t18881119-29-punishment-18"/>Nine Months' Hard Labour.</rs> </hi> And</p> </div1>
<div1 type="trialAccount" id="t18881119-30">
<interp inst="t18881119-30" type="uri" value="sessionsPapers/18881119"/>
<interp inst="t18881119-30" type="date" value="18881119"/>
<join result="criminalCharge" id="t18881119-30-charge-1" targOrder="Y" targets="def1-30-18881119 t18881119-30-offence-1 t18881119-30-verdict-1"/>
<p>(30).
<persName id="def1-30-18881119" type="defendantName">
<interp inst="def1-30-18881119" type="gender" value="male"/>
<interp inst="def1-30-18881119" type="age" value="35"/>
<interp inst="def1-30-18881119" type="surname" value="FRENCH"/>
<interp inst="def1-30-18881119" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN FRENCH</hi> (35)</persName>
<rs id="t18881119-30-verdict-1" type="verdictDescription">
<interp inst="t18881119-30-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18881119-30-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image]</rs>
<rs id="t18881119-30-offence-1" type="offenceDescription">
<interp inst="t18881119-30-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18881119-30-offence-1" type="offenceSubcategory" value="fraud"/> to unlawfully obtaining by false pretences a cheque for £63 from
<persName id="t18881119-name-141" type="victimName">
<interp inst="t18881119-name-141" type="gender" value="male"/>
<interp inst="t18881119-name-141" type="surname" value="SMITH"/>
<interp inst="t18881119-name-141" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18881119-30-offence-1 t18881119-name-141"/>William Smith</persName>, with intent to defraud, and a cheque for £65 from
<persName id="t18881119-name-142" type="victimName">
<interp inst="t18881119-name-142" type="gender" value="male"/>
<interp inst="t18881119-name-142" type="surname" value="TYLER"/>
<interp inst="t18881119-name-142" type="given" value="HENRY"/>
<join result="offenceVictim" targOrder="Y" targets="t18881119-30-offence-1 t18881119-name-142"/>Henry Tyler</persName>, with a like intent. </rs>
<rs id="t18881119-30-punishment-19" type="punishmentDescription">
<interp inst="t18881119-30-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t18881119-30-punishment-19" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-30-18881119 t18881119-30-punishment-19"/>
<hi rend="italic">Twelve Months' Hard Labour.</hi> </rs> </p> </div1>
<p>
<hi rend="largeCaps">THIRD COURT</hi>.—
<hi rend="italic">Wednesday, November</hi> 21
<hi rend="italic">st,</hi> 1888.</p>
<p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18881119-31">
<interp inst="t18881119-31" type="uri" value="sessionsPapers/18881119"/>
<interp inst="t18881119-31" type="date" value="18881119"/>
<join result="criminalCharge" id="t18881119-31-charge-1" targOrder="Y" targets="def1-31-18881119 t18881119-31-offence-1 t18881119-31-verdict-2"/>
<join result="criminalCharge" id="t18881119-31-charge-2" targOrder="Y" targets="def2-31-18881119 t18881119-31-offence-1 t18881119-31-verdict-2"/>
<join result="criminalCharge" id="t18881119-31-charge-3" targOrder="Y" targets="def3-31-18881119 t18881119-31-offence-1 t18881119-31-verdict-1"/>
<p>31.
<persName id="def1-31-18881119" type="defendantName">
<interp inst="def1-31-18881119" type="gender" value="female"/>
<interp inst="def1-31-18881119" type="age" value="38"/>
<interp inst="def1-31-18881119" type="surname" value="HART"/>
<interp inst="def1-31-18881119" type="given" value="BRIDGET"/>
<hi rend="largeCaps">BEIDGET HART</hi> (38)</persName>,
<persName id="def2-31-18881119" type="defendantName">
<interp inst="def2-31-18881119" type="gender" value="female"/>
<interp inst="def2-31-18881119" type="age" value="60"/>
<interp inst="def2-31-18881119" type="surname" value="RYAN"/>
<interp inst="def2-31-18881119" type="given" value="ELLEN"/>
<hi rend="largeCaps">ELLEN RYAN</hi> (60)</persName>, and
<persName id="def3-31-18881119" type="defendantName">
<interp inst="def3-31-18881119" type="gender" value="female"/>
<interp inst="def3-31-18881119" type="age" value="52"/>
<interp inst="def3-31-18881119" type="surname" value="DALEY"/>
<interp inst="def3-31-18881119" type="given" value="JANE"/>
<hi rend="largeCaps">JANE DALEY</hi> (52)</persName>
<rs id="t18881119-31-offence-1" type="offenceDescription">
<interp inst="t18881119-31-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18881119-31-offence-1" type="offenceSubcategory" value="pocketpicking"/>, Stealing a purse and £5 4
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. of
<persName id="t18881119-name-146" type="victimName">
<interp inst="t18881119-name-146" type="gender" value="male"/>
<interp inst="t18881119-name-146" type="surname" value="NEEDHAM"/>
<interp inst="t18881119-name-146" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18881119-31-offence-1 t18881119-name-146"/>William Needham</persName> from his person; Daley having been convicted of a like offence at Kendal in January, 1886, after two previous convictions, to which</rs> </p>
<p>
<hi rend="largeCaps">DALEY</hi>
<rs id="t18881119-31-verdict-1" type="verdictDescription">
<interp inst="t18881119-31-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18881119-31-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>
<hi rend="smallCaps">PLEADED GUILTY. **</hi> </rs>
<hi rend="italic">
<rs id="t18881119-31-punishment-20" type="punishmentDescription">
<interp inst="t18881119-31-punishment-20" type="punishmentCategory" value="noPunish"/>
<interp inst="t18881119-31-punishment-20" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-31-18881119 t18881119-31-punishment-20"/>Judgment respited.</rs> </hi> </p>
<p>
<hi rend="italic">No evidence</hi> was offered against.</p>
<p>
<hi rend="largeCaps">HART</hi> and
<hi rend="largeCaps">RYAN</hi>
<hi rend="smallCaps">
<rs id="t18881119-31-verdict-2" type="verdictDescription">
<interp inst="t18881119-31-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18881119-31-verdict-2" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18881119-32">
<interp inst="t18881119-32" type="uri" value="sessionsPapers/18881119"/>
<interp inst="t18881119-32" type="date" value="18881119"/>
<join result="criminalCharge" id="t18881119-32-charge-1" targOrder="Y" targets="def1-32-18881119 t18881119-32-offence-1 t18881119-32-verdict-2"/>
<join result="criminalCharge" id="t18881119-32-charge-2" targOrder="Y" targets="def2-32-18881119 t18881119-32-offence-1 t18881119-32-verdict-1"/>
<p>32.
<persName id="def1-32-18881119" type="defendantName">
<interp inst="def1-32-18881119" type="gender" value="male"/>
<interp inst="def1-32-18881119" type="age" value="58"/>
<interp inst="def1-32-18881119" type="surname" value="MORRIS"/>
<interp inst="def1-32-18881119" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE MORRIS</hi> (58)</persName> was again indicted (
<hi rend="italic">See page</hi> 13) with
<persName id="def2-32-18881119" type="defendantName">
<interp inst="def2-32-18881119" type="gender" value="male"/>
<interp inst="def2-32-18881119" type="age" value="51"/>
<interp inst="def2-32-18881119" type="surname" value="COTTRELL"/>
<interp inst="def2-32-18881119" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM COTTRELL</hi> (51)</persName>
<rs id="t18881119-32-offence-1" type="offenceDescription">
<interp inst="t18881119-32-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18881119-32-offence-1" type="offenceSubcategory" value="pocketpicking"/>, for stealing a watch of
<persName id="t18881119-name-149" type="victimName">
<interp inst="t18881119-name-149" type="gender" value="male"/>
<interp inst="t18881119-name-149" type="surname" value="PRICE"/>
<interp inst="t18881119-name-149" type="given" value="HENRY OSBORN"/>
<join result="offenceVictim" targOrder="Y" targets="t18881119-32-offence-1 t18881119-name-149"/>Henry Osborn Price</persName>, from his person.</rs> </p>
<p>
<hi rend="smallCaps">MR. BIRON</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-150" type="witnessName">
<interp inst="t18881119-name-150" type="gender" value="male"/>
<interp inst="t18881119-name-150" type="surname" value="PRICE"/>
<interp inst="t18881119-name-150" type="given" value="HENRY OSBORN"/>HENRY OSBORN PRICE</persName> </hi>. I live at 5, Holly Villa, Leytonstone—on Saturday, November 3rd, about 10. 30 or 11 p. m., I was in the Compasses public-house, and saw Morris and several others there—I was the worse for drink—I found my chain hanging down and missed my watch—this is it (
<hi rend="italic">produced</hi>)—I went out and called a policeman, who came in.</p>
<p>
<hi rend="italic">Cross-examined by Morris.</hi> I had a dog with me—I do not remember giving my watch into your hands and saying, "Take this; ain't it worth the smoke and the drink?"</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-151" type="witnessName">
<interp inst="t18881119-name-151" type="gender" value="male"/>
<interp inst="t18881119-name-151" type="surname" value="ALLEN"/>
<interp inst="t18881119-name-151" type="given" value="JEREMIAH"/>JEREMIAH ALLEN</persName> </hi>. I live at 3, Queen Street, Whitechapel—I was in the Compasses public-house, and saw the two prisoners there—Mr. Price was sitting down in a corner, and Morris standing in front of him—Morris left—Price said that he had lost his watch, and Morris had it in his hand and passed it to Cottrell, who was standing behind him; and Joe Buckingham, who was behind Cottrell, took the watch from him and handed it to me, and I gave it to a policeman who was there—the prosecutor was very drunk; he was not asleep, he was leaning down with his head on his breast, with a dog in his lap.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-152" type="witnessName">
<interp inst="t18881119-name-152" type="gender" value="male"/>
<interp inst="t18881119-name-152" type="surname" value="BARTON"/>
<interp inst="t18881119-name-152" type="given" value="WILLIAM"/>WILLIAM BARTON</persName> </hi> (
<hi rend="italic">Policeman H</hi> 303). I was called into the Compasses, and saw Cottrell pass a watch to a man named Buckingham, who passed it to Allen—another constable who was with me took it from Allen, who said, "It is that gentleman's watch, "pointing to Mr. Price—I said to Price," Have you lost a watch?"—he said, "I don't know"—I opened his coat and saw his chain hanging—I said, "Is this your watch?"—he said, "I believe it is"—I sent for assistance and stopped anybody going out—I took Morris in custody, and told him he would have to go to the station—he said, "I know nothing about it"—Cottrell had then been taken out of the house.</p>
<xptr type="pageFacsimile" doc="188811190033"/>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-153" type="witnessName">
<interp inst="t18881119-name-153" type="gender" value="female"/>
<interp inst="t18881119-name-153" type="surname" value="SHEA"/>
<interp inst="t18881119-name-153" type="given" value="ELLEN"/>ELLEN SHEA</persName> </hi>. My husband is a labourer, of 77, Wentworth Street—I called into the Compasses on 3rd November, about 11 p. m., with Jane Matthias, and saw Mr. Price come in—Morris afterwards came in with another man, and half an hour afterwards Cottrell came in—Price sat down alongside a young woman, and when he got up to go Morris offered him a pot to drink out of; Price told him to go away, and he went away, and Price went to the bar and called for drink, but had not money to pay for it—the barman told him two or three times to feel in his pocket for 5
<hi rend="italic">d</hi>., and then Morris felt in Price's pockets, and while doing so I saw him take his watch and put it in his right trousers pocket—when the policeman came I saw the watch taken from Cottrell's hand, but I did not see how it got there.</p>
<p>
<hi rend="italic">Cross-examined by Morris.</hi> When Price told you to go away you went a short distance, but not out of the house—that was before you took the watch.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-154" type="witnessName">
<interp inst="t18881119-name-154" type="gender" value="female"/>
<interp inst="t18881119-name-154" type="surname" value="MATTHIAS"/>
<interp inst="t18881119-name-154" type="given" value="JANE"/>JANE MATTHIAS</persName> </hi>. I live at 36, Ferrara Street, Whitechapel, and am a bottle-washer—I was in the Compasses on November 3—Mr. Price came into the same compartment and sat down by the door—Morris came in afterwards, and Cottrell half an hour afterwards—I saw Morris put his hand in Price's pocket and take his watch, and put it in his right trousers pocket—I ran out for a policeman—I did not see Cottrell do anything.</p>
<p>
<hi rend="italic">Cottrell's statement before the Magistrate.</hi> I was not in the house five minutes; Morris handed me the watch to look at.</p>
<p>
<hi rend="italic">Morris's Defence.</hi> The gentleman put the watch into my hand and I held it, and then put it into Cottrell's hand to look at.</p>
<p>
<hi rend="italic">Cottrell's Defence.</hi> I went in for some drink, and had not got served before there was a row through the gentleman's refusing to pay for the drink and the smoking. I did not know the watch was in my hand till I lifted my hand up and found it there.</p>
<p>
<hi rend="largeCaps">COTTRELL</hi>
<hi rend="italic">received a good character</hi>
<hi rend="smallCaps">
<rs id="t18881119-32-verdict-1" type="verdictDescription">
<interp inst="t18881119-32-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18881119-32-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p>
<p>
<hi rend="largeCaps">MORRIS</hi>
<hi rend="smallCaps">
<rs id="t18881119-32-verdict-2" type="verdictDescription">
<interp inst="t18881119-32-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18881119-32-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.
<hi rend="italic">He was further charged with a conviction of uttering counterfeit coin at this Court.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-155" type="witnessName">
<interp inst="t18881119-name-155" type="gender" value="male"/>
<interp inst="t18881119-name-155" type="surname" value="HUMPHREYS"/>
<interp inst="t18881119-name-155" type="given" value="RICHARD"/>RICHARD HUMPHREYS</persName> </hi>. I am a Warder of Pentonville Prison—I produce a certificate of the prisoner's conviction. (
<hi rend="italic">Read—Central Criminal Court,</hi> 11
<hi rend="italic">th January,</hi> 1886.
<hi rend="italic">George Morris, convicted of uttering counterfeit coin. Sentence, Twelve Months' Hard Labour.</hi>) He is the same man—I had him under observation afterwards.</p>
<p>
<hi rend="italic">The Prisoner.</hi> It was in 1865.</p>
<p>
<hi rend="italic">Witness.</hi> No, it was 11th January, 1886.</p>
<p>
<hi rend="smallCaps">GUILTY</hi>. —
<hi rend="italic">
<rs id="t18881119-32-punishment-21" type="punishmentDescription">
<interp inst="t18881119-32-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t18881119-32-punishment-21" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-32-18881119 t18881119-32-punishment-21"/>Five Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18881119-33">
<interp inst="t18881119-33" type="uri" value="sessionsPapers/18881119"/>
<interp inst="t18881119-33" type="date" value="18881119"/>
<join result="criminalCharge" id="t18881119-33-charge-1" targOrder="Y" targets="def1-33-18881119 t18881119-33-offence-1 t18881119-33-verdict-1"/>
<p>33.
<persName id="def1-33-18881119" type="defendantName">
<interp inst="def1-33-18881119" type="gender" value="male"/>
<interp inst="def1-33-18881119" type="age" value="23"/>
<interp inst="def1-33-18881119" type="surname" value="TALL"/>
<interp inst="def1-33-18881119" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN TALL</hi> (23)</persName>
<rs id="t18881119-33-offence-1" type="offenceDescription">
<interp inst="t18881119-33-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18881119-33-offence-1" type="offenceSubcategory" value="robbery"/>, Robbery with violence on
<persName id="t18881119-name-157" type="victimName">
<interp inst="t18881119-name-157" type="gender" value="male"/>
<interp inst="t18881119-name-157" type="surname" value="SPURLING"/>
<interp inst="t18881119-name-157" type="given" value="EDWARD"/>
<interp inst="t18881119-name-157" type="occupation" value="horse keeper"/>
<join result="offenceVictim" targOrder="Y" targets="t18881119-33-offence-1 t18881119-name-157"/>Edward Spurling</persName>, and stealing a watch, his property.</rs> </p>
<p>
<hi rend="smallCaps">MR. DE MICHELE</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-158" type="witnessName">
<interp inst="t18881119-name-158" type="gender" value="male"/>
<interp inst="t18881119-name-158" type="surname" value="SPURLING"/>
<interp inst="t18881119-name-158" type="given" value="EDWARD"/>EDWARD SPURLING</persName> </hi>. I am a horse-keeper of 22, Brunswick Street, Poplar—on 21st October, about 9.45, I was going home along East India Wall, and the prisoner and three other men came up—the prisoner said, "Shake hands, old gentleman," and caught me by my hand and collar, put his leg between mine and threw me down backwards—I felt a blow on my hip, and my thigh was broken—I cannot say who gave me the blow—I became insensible, and did not come to myself till I got to the</p>
<xptr type="pageFacsimile" doc="188811190034"/>
<p>station—I then missed my watch and chain—Smart produced my chain.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-159" type="witnessName">
<interp inst="t18881119-name-159" type="gender" value="male"/>
<interp inst="t18881119-name-159" type="surname" value="FORD"/>
<interp inst="t18881119-name-159" type="given" value="JOHN"/>JOHN FORD</persName> </hi>. I am a commercial traveller, of 150, St. Leonard's Road—on 21st October about 9.45 I saw a scrimmage on the ground—Spurling was lying there with his face bleeding—the prisoner and another man passed me quickly—I received information, went after the prisoner and put my hand on his shoulder—before I charged him he said, "I did not do it"—I did not lose sight of him from the time he passed till I caught him—I took him back to Spurling, and he said, "That is one of them"—I said, "You follow me to the station"—the prisoner struggled to get away, but a policeman came up and I gave him in charge—the other man escaped—Spurling's face was bleeding; I don't know how that happened.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-160" type="witnessName">
<interp inst="t18881119-name-160" type="gender" value="male"/>
<interp inst="t18881119-name-160" type="surname" value="SMART"/>
<interp inst="t18881119-name-160" type="given" value="JOHN"/>JOHN SMART</persName> </hi>. I am an engineer, of Plaistow—on 21st October I was walking with a friend, and saw the prisoner and another man knock the prosecutor down—I am sure the prisoner is one; he tripped him up——I chased the other man, but I fell, and then picked up this chain, which the prosecutor identified.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-161" type="witnessName">
<interp inst="t18881119-name-161" type="gender" value="male"/>
<interp inst="t18881119-name-161" type="surname" value="CASHFORD"/>
<interp inst="t18881119-name-161" type="given" value="JAMES"/>JAMES CASHFORD</persName> </hi> (
<hi rend="italic">Policeman K</hi> 626). I heard shouts of "Police"—went up and found the prisoner struggling with Mr. Ford, who said, "This man has stolen a watch and chain from an old man"—the prisoner said, "Let me go, and I will give you the
<hi rend="italic">tip</hi> who has got the watch"—the prosecutor came up with his face bleeding, and said mat the prisoner was the man, and charged him—Mr. Smart Drought the chain to the station-house, and the prosecutor identified it.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> A young fellow, who I only know by sight, asked me to take a walk—I heard someone hallo out, "I am stabbed," and saw the prosecutor on the ground—he said, "Pull me away"—I pulled him away, and saw a black-handled knife in the prosecutor's hand, half shut—he said, "He has stabbed me in the arm, I have got his watch and chain, the best thing I can do is to clear out of it"—I got round the corner, and the witness touched me on my shoulder and said, "I will charge you with taking this man's watch and chain"—I said, "I was only assisting him."</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-162" type="witnessName">
<interp inst="t18881119-name-162" type="gender" value="male"/>
<interp inst="t18881119-name-162" type="surname" value="SPURLING"/>
<interp inst="t18881119-name-162" type="given" value="EDWARD"/>EDWARD SPURLING</persName> </hi> (
<hi rend="italic">Re-examined</hi>). I had a pocket-knife on me; I always carry one, but I was not using it on this night.</p>
<p>
<hi rend="smallCaps">
<rs id="t18881119-33-verdict-1" type="verdictDescription">
<interp inst="t18881119-33-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18881119-33-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs>*†</hi>. —
<rs id="t18881119-33-punishment-22" type="punishmentDescription">
<interp inst="t18881119-33-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t18881119-33-punishment-22" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-33-18881119 t18881119-33-punishment-22"/>
<hi rend="italic">Twelve Months' Hard Labour.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18881119-34">
<interp inst="t18881119-34" type="uri" value="sessionsPapers/18881119"/>
<interp inst="t18881119-34" type="date" value="18881119"/>
<join result="criminalCharge" id="t18881119-34-charge-1" targOrder="Y" targets="def1-34-18881119 t18881119-34-offence-1 t18881119-34-verdict-2"/>
<join result="criminalCharge" id="t18881119-34-charge-2" targOrder="Y" targets="def2-34-18881119 t18881119-34-offence-1 t18881119-34-verdict-3"/>
<join result="criminalCharge" id="t18881119-34-charge-3" targOrder="Y" targets="def3-34-18881119 t18881119-34-offence-1 t18881119-34-verdict-1"/>
<join result="criminalCharge" id="t18881119-34-charge-4" targOrder="Y" targets="def4-34-18881119 t18881119-34-offence-1 t18881119-34-verdict-1"/>
<p>34.
<persName id="def1-34-18881119" type="defendantName">
<interp inst="def1-34-18881119" type="gender" value="male"/>
<interp inst="def1-34-18881119" type="age" value="64"/>
<interp inst="def1-34-18881119" type="surname" value="SMITH"/>
<interp inst="def1-34-18881119" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE SMITH</hi> (64)</persName> was
<hi rend="italic">. again</hi> indicted, with
<persName id="def2-34-18881119" type="defendantName">
<interp inst="def2-34-18881119" type="gender" value="male"/>
<interp inst="def2-34-18881119" type="age" value="19"/>
<interp inst="def2-34-18881119" type="surname" value="MYERS"/>
<interp inst="def2-34-18881119" type="given" value="FREDERICK"/>
<hi rend="largeCaps">FREDERICK MYERS</hi> (19)</persName>,
<persName id="def3-34-18881119" type="defendantName">
<interp inst="def3-34-18881119" type="gender" value="male"/>
<interp inst="def3-34-18881119" type="age" value="62"/>
<interp inst="def3-34-18881119" type="surname" value="STEPHENS"/>
<interp inst="def3-34-18881119" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES STEPHENS</hi> (62)</persName>, and
<persName id="def4-34-18881119" type="defendantName">
<interp inst="def4-34-18881119" type="gender" value="male"/>
<interp inst="def4-34-18881119" type="age" value="33"/>
<interp inst="def4-34-18881119" type="surname" value="DEVONPORT"/>
<interp inst="def4-34-18881119" type="given" value="FREDERICK"/>
<hi rend="largeCaps">FREDERICK DEVON PORT</hi> (33)</persName>
<rs id="t18881119-34-offence-1" type="offenceDescription">
<interp inst="t18881119-34-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18881119-34-offence-1" type="offenceSubcategory" value="coiningOffences"/>, with unlawfully having counterfeit coin in their possession, with intent to utter it.</rs> </p>
<p>
<hi rend="italic">The prisoners Smith, Stevens, and Davenport were tried last Session for feloniously uttering counterfeit coin, when Smith was acquitted</hi>—(
<hi rend="italic">See Vol.</hi>
<hi rend="largeCaps">CVIII</hi>
<hi rend="italic">., page</hi> 743).</p>
<p>
<hi rend="smallCaps">MR. PURCELL</hi>,
<hi rend="italic">who was now instructed by the Court to argue the case on behalf of Smith, moved to quash the indictment as against Smith—he had been put upon his trial last Session for feloniously uttering, on an indictment, the first part of which</hi> (
<hi rend="italic">for unlawful uttering</hi>)
<hi rend="italic">was substantially identical with the indictment upon which he was now arraigned, he was then found guilty of the misdemeanour; but, on failure of proof of the previous conviction for a coining offence, alleged, in order to constitute the felony created by Sect.</hi> 12
<hi rend="italic">of</hi> 24
<hi rend="italic">and</hi> </p>
<xptr type="pageFacsimile" doc="188811190035"/>
<p>25
<hi rend="italic">Vict. c.</hi> 99 (
<hi rend="italic">see s.</hi> 37),
<hi rend="italic">a general verdict of</hi> "
<hi rend="italic">Not Guilty</hi>"
<hi rend="italic">had been entered on the authority of Reg v. Thomas, L. R.</hi> 2 C. C. R., 141,
<hi rend="italic">and</hi> 44 L. I. (M. C.) 42; 13
<hi rend="italic">Cox's C. C,</hi> 52;
<hi rend="italic">but Reg e. Thomas was no authority for putting the prisoner again upon his trial on the identical facts. Section</hi> 12
<hi rend="italic">expressly extinguished the misdemeanour when committed by a person previously convicted of a coining offence, and made the act an act of felony, and of that felony Smith had been acquitted. He could not plead autrefois acquit or convict, owing to Reg v. Thomas. If a motion to quash were not the proper means of testing the legality of the present indictment he would ask leave to amend his procedure by pleading a special plea.</hi> </p>
<p>
<hi rend="smallCaps">MR. WILKINSON</hi>
<hi rend="italic">contended that the motion to quash the indictment was too late, as it must be made before plea pleaded. He also argued that the present motion could only be made for some defect on the face of the indictment, and there was none here. Smith's power to plead autrefois acquit under the statute could not be taken away by the decision of any Judge.</hi> </p>
<p>
<hi rend="italic">The</hi>
<hi rend="smallCaps">COMMON SERJEANT</hi> (
<hi rend="italic">after consulting</hi>
<hi rend="smallCaps">MR. JUSTICE HAWKINS)</hi>
<hi rend="italic">decided that Smith could be put upon his trial for the misdemeanour of unlawful uttering. A motion to quash the indictment did not apply to a case of this sort, and if autrefois acquit were pleaded it must fail, the two offences, felonious uttering and unlawful uttering, not being on all fours, the previous conviction forming no ingredient in the latter offence. A special plea could not be raised.
<rs id="t18881119-34-verdict-1" type="verdictDescription">
<interp inst="t18881119-34-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18881119-34-verdict-1" type="verdictSubcategory" value="directed"/>Stevens and Davenport, however, could not be tried again, as the charge of misdemeanour against them was merged in the felony of which they had been convicted.</rs> </hi> </p>
<p>
<hi rend="smallCaps">MR. WILKINSON</hi>
<hi rend="italic">Prosecuted.</hi>
<hi rend="smallCaps">
<persName id="t18881119-name-167" type="witnessName">
<interp inst="t18881119-name-167" type="gender" value="male"/>
<interp inst="t18881119-name-167" type="surname" value="PAWSEY"/>
<interp inst="t18881119-name-167" type="given" value="HENRY"/>HENRY PAWSEY</persName>,
<persName id="t18881119-name-168" type="witnessName">
<interp inst="t18881119-name-168" type="gender" value="male"/>
<interp inst="t18881119-name-168" type="surname" value="BAKER"/>
<interp inst="t18881119-name-168" type="given" value="WALTER THOMAS"/>WALTER THOMAS BAKER</persName>,
<persName id="t18881119-name-169" type="witnessName">
<interp inst="t18881119-name-169" type="gender" value="male"/>
<interp inst="t18881119-name-169" type="surname" value="LORNS"/>
<interp inst="t18881119-name-169" type="given" value="JOHN CHARLES"/>JOHN CHARLES LORNS</persName>,
<persName id="t18881119-name-170" type="witnessName">
<interp inst="t18881119-name-170" type="gender" value="male"/>
<interp inst="t18881119-name-170" type="surname" value="NICHOLLS"/>
<interp inst="t18881119-name-170" type="given" value="ALFRED"/>ALFRED NICHOLLS</persName>,
<persName id="t18881119-name-171" type="witnessName">
<interp inst="t18881119-name-171" type="gender" value="male"/>
<interp inst="t18881119-name-171" type="surname" value="BANNELL"/>
<interp inst="t18881119-name-171" type="given" value="WILLIAM"/>WILLIAM BANNELL</persName>,
<persName id="t18881119-name-172" type="witnessName">
<interp inst="t18881119-name-172" type="gender" value="male"/>
<interp inst="t18881119-name-172" type="surname" value="PEARCE"/>
<interp inst="t18881119-name-172" type="given" value="WILLIAM"/>WILLIAM PEARCE</persName>,
<persName id="t18881119-name-173" type="witnessName">
<interp inst="t18881119-name-173" type="gender" value="male"/>
<interp inst="t18881119-name-173" type="surname" value="BAGEN"/>
<interp inst="t18881119-name-173" type="given" value="JOHN"/>JOHN BAGEN</persName> </hi>, and
<hi rend="smallCaps">
<persName id="t18881119-name-174" type="witnessName">
<interp inst="t18881119-name-174" type="gender" value="male"/>
<interp inst="t18881119-name-174" type="surname" value="GOULDINO"/>
<interp inst="t18881119-name-174" type="given" value="WALTER"/>WALTER GOULDINO</persName> </hi>
<hi rend="italic">repeated their former evidence.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-175" type="witnessName">
<interp inst="t18881119-name-175" type="gender" value="male"/>
<interp inst="t18881119-name-175" type="surname" value="LUBCOCK"/>
<interp inst="t18881119-name-175" type="given" value="GEORGE"/>GEORGE LUBCOCK</persName> </hi>. I am an apprentice to a chemist at 3, Milbrook Street, Camden Town—on 1st October Myers came in for two pennyworth of lozenges and gave me 1
<hi rend="italic">s</hi>.—I gave him 10
<hi rend="italic">d</hi>. change, and put it in the till—there were about three good shillings there which I had tried, but they did not get mixed—I took it out two or three minutes afterwards and found it was bad (
<hi rend="italic">produced</hi>)—I saw Myers at Bow Street three days after-wards with about 18 other men, and picked him out—I had sounded the other shillings.</p>
<p>
<hi rend="italic">Cross-examined by Myers.</hi> I did not say that at the last examination, because was not asked—the detective said that I was required at Bow Street, as the man was in custody who had uttered the counterfeit shilling.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-176" type="witnessName">
<interp inst="t18881119-name-176" type="gender" value="male"/>
<interp inst="t18881119-name-176" type="surname" value="GOULDINO"/>
<interp inst="t18881119-name-176" type="given" value="WILLIAM"/>WILLIAM GOULDINO</persName> </hi> (
<hi rend="italic">Police Sergeant E</hi>). I held Myers while Walter Goulding searched him and took a half-crown out of his pocket—he said, "My
<hi rend="italic">pal</hi> slipped that into me"—I had not put it into his pocket or seen the officer do it.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-177" type="witnessName">
<interp inst="t18881119-name-177" type="gender" value="male"/>
<interp inst="t18881119-name-177" type="surname" value="WEBSTER"/>
<interp inst="t18881119-name-177" type="given" value="WILLIAM JOHN"/>WILLIAM JOHN WEBSTER</persName> </hi>. These 12 half-crowns, three florins, and one shilling are counterfeit, and from various moulds—some of the half-crowns found on Smith are from the same mould as those found on Devonport and Stevens, and also from the same mould as the one passed at the Bedford Arms—they are wrapped up in paper, which
<hi rend="italic">smashers</hi> use, in loads and half loads, and previous to being wrapped up they are rubbed over with a black substance to give them a tone—none of the half-crowns are from the same mould as those found on Myers.</p>
<xptr type="pageFacsimile" doc="188811190036"/>
<p>
<hi rend="italic">Smith's Defence.</hi> The detectives rushed into the White Hart, and Nicholls choked me with one hand and put three counterfeit half-crowns into my pocket with the other—he knew that I was helpless—this is not the first time the police have been charged with making evidence—there are as many criminals among them as any other class—two detective officers of the S Division were on duty in the Regent's Park, and possessed themselves of housebreaking implements, and made impressions on the windows, and charged two men, who were tried at the Middlesex Sessions; and having succeeded, they proceeded to bolster up another case, and they had to change the witness-box for the felon's dock.
<hi rend="italic">Myers' Defence.</hi> I asked the prosecutor whether the detective told him the man was in custody who went into his shop—I want to know how the detective knew that, because the man could not recognise me—I was placed with three or four labouring fellows, and the prosecutor came and looked in, and said,
<hi rend="italic">"</hi> He is not there"; an order was then given, "Right about face," and as soon as I did so Sergeant Nicholls said, "If you think that is the man, touch him," and he touched me—I have been awaiting my trial seven weeks, and am innocent—the man rushed in, put the coin in my pocket, and then said, "Here, what is this?"</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-178" type="witnessName">
<interp inst="t18881119-name-178" type="gender" value="male"/>
<interp inst="t18881119-name-178" type="surname" value="LURCOCK"/>
<interp inst="t18881119-name-178" type="given" value="GEORGE"/>GEORGE LURCOCK</persName> </hi> (
<hi rend="italic">Re-examined</hi>). I touched Myers when he turned round, but not before—I then recognised him by his face.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-179" type="witnessName">
<interp inst="t18881119-name-179" type="gender" value="male"/>
<interp inst="t18881119-name-179" type="surname" value="NICHOLLS"/>
<interp inst="t18881119-name-179" type="given" value="ALFRED"/>ALFRED NICHOLLS</persName> </hi> (
<hi rend="italic">Re-examined</hi>). It is not the practice for the whole of the persons being examined to "right about face"—I was not there when the identification took place at the Police-court; it was in the hands of a sergeant gaoler.</p>
<p>
<hi rend="largeCaps">MYERS</hi>
<hi rend="smallCaps">
<rs id="t18881119-34-verdict-2" type="verdictDescription">
<interp inst="t18881119-34-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18881119-34-verdict-2" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p>
<p>
<hi rend="largeCaps">SMITH</hi>
<rs id="t18881119-34-verdict-3" type="verdictDescription">
<interp inst="t18881119-34-verdict-3" type="verdictCategory" value="guilty"/>
<interp inst="t18881119-34-verdict-3" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi> </rs>**—
<rs id="t18881119-34-punishment-23" type="punishmentDescription">
<interp inst="t18881119-34-punishment-23" type="punishmentCategory" value="imprison"/>
<interp inst="t18881119-34-punishment-23" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-34-18881119 t18881119-34-punishment-23"/>
<hi rend="italic">Twenty Months' Hard Labour.</hi> </rs> (
<hi rend="italic">Sentence on Stevens and Davenport in the Felony Case</hi>
<hi rend="largeCaps">STEVENS</hi>—,
<hi rend="italic">Twenty Month' Hard Labour.</hi>
<hi rend="largeCaps">DAVENPORT</hi>
<hi rend="italic">Eighteen Months' Hard Labour.</hi>)</p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>
<hi rend="italic">Thursday, November</hi> 22
<hi rend="italic">nd,</hi> 1888.</p>
<p>
<hi rend="italic">Before Mr. Justice Hawkins.</hi> </p>
<div1 type="trialAccount" id="t18881119-35">
<interp inst="t18881119-35" type="uri" value="sessionsPapers/18881119"/>
<interp inst="t18881119-35" type="date" value="18881119"/>
<join result="criminalCharge" id="t18881119-35-charge-1" targOrder="Y" targets="def1-35-18881119 t18881119-35-offence-1 t18881119-35-verdict-1"/>
<join result="criminalCharge" id="t18881119-35-charge-2" targOrder="Y" targets="def1-35-18881119 t18881119-35-offence-2 t18881119-35-verdict-2"/>
<p>35.
<persName id="def1-35-18881119" type="defendantName">
<interp inst="def1-35-18881119" type="gender" value="male"/>
<interp inst="def1-35-18881119" type="age" value="30"/>
<interp inst="def1-35-18881119" type="surname" value="KAVANAGH"/>
<interp inst="def1-35-18881119" type="given" value="JOSEPH"/>
<hi rend="largeCaps">JOSEPH KAVANAGH</hi> (30)</persName>
<rs id="t18881119-35-offence-1" type="offenceDescription">
<interp inst="t18881119-35-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18881119-35-offence-1" type="offenceSubcategory" value="wounding"/>, Feloniously shooting at
<persName id="t18881119-name-181" type="victimName">
<interp inst="t18881119-name-181" type="gender" value="male"/>
<interp inst="t18881119-name-181" type="surname" value="LANE"/>
<interp inst="t18881119-name-181" type="given" value="PATRICK"/>
<interp inst="t18881119-name-181" type="occupation" value="bootmaker"/>
<join result="offenceVictim" targOrder="Y" targets="t18881119-35-offence-1 t18881119-name-181"/>Patrick Lane</persName>, with intent to murder; second count, with intent to do grievous bodily harm.</rs> </p>
<p>
<hi rend="smallCaps">MR. PURCELL</hi>
<hi rend="italic">Prosecuted;</hi>
<hi rend="smallCaps">MR. POLAND</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. H. C. RICHARDS</hi>
<hi rend="italic">Defended.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-182" type="witnessName">
<interp inst="t18881119-name-182" type="gender" value="male"/>
<interp inst="t18881119-name-182" type="surname" value="LANE"/>
<interp inst="t18881119-name-182" type="given" value="PATRICK"/>PATRICK LANE</persName> </hi>. I am a bootmaker at 164, Drury Lane—on 1st November, about half-past four in the afternoon, I was in the George Hotel in the Strand, nearly opposite the Central Hall of the Royal Courts of Justice—while I was in the front bar speaking to a juryman, who had been discharged from attendance, I turned my head, and noticed the prisoner looking over the stained-glass or embossed part of the window, looking in at me—he was standing in Devereux Court—the window faces Devereux Court—I walked out, and when he saw me he ran away—I stood outside the front door for about ten minutes to see where he had gone, and I then saw the prisoner emerge from a dark corner about twelve yards off, to the right of Devereux Court, near the Griffin—I beckoned him towards me, just to let him know that I had seen him—he came towards me—I said, "Come along, there's no use in hiding; I have seen you long before"—he laughed the matter off as a joke—he said, "It's all</p>
<xptr type="pageFacsimile" doc="188811190037"/>
<p>right, let us come in and have a drink"—I said, "All right," and we both went into the George, and we were joined by two other parties—the prisoner paid for the drink this time—we had a separate drink, in separate vessels—what was called for, of course, we drank—one of the parties who joined us I had never seen before, whose name was the same as the prisoner's; he called him by the name—there was a pot of ale called for then—the other party I had seen on two or three occasions at the Law Courts, I did not know his name—I think he called for a pot of ale, and the prisoner called for a pot of ale—it was all drank amongst us—I think altogether it was two pots of ale and two half-pints of ale—the other Kavanagh said to the prisoner," You were receiving £6 a week from the
<hi rend="italic">Times</hi> Solicitors," or "the
<hi rend="italic">Times"</hi> I am not sure which; "you must certainly be an informer," and he said he was quite ashamed of being of the same name—the prisoner said he was nothing at all of the sort, and that by and bye, when he would be in the witness-box, he would turn the tables on the
<hi rend="italic">Times,</hi> he wanted to have as much money as he possibly could out of them—the prisoner then turned to me and said, "You called me a consummate scoundrel in the Freemasons' Arms; do you call it me again?" I said "Yes, and I shall always consider you such." He then made a blow at my head with his fist, which I avoided; it caught me in the shoulder, and I wont down with the force of the blow—I made an attempt to retaliate with my fist, and the friends that were present intervened and prevented me—I let the matter go over, I never retaliated—I remained there for a short time, until the young Kavanagh asked me if I knew of a place of convenience—I told him yes, and I took him across to the urinal that stands in the centre of the road facing the Law Courts—I left the prisoner and the other young man in the bar—when we returned to the George the prisoner accused me of vilifying his name and character to the other Kavanagh during our absence, which I denied—I had a glass of ale in my hand at the time, half-drunk, when he hit me at the side of the head with his fist, and I hit him with the glass; it was partly empty—the effect on him was very little, but the effect on the glass was that you could simply pick up the pieces—the glass hit him; but his head was out of the glass, his head looked like a paving-stone—the glass was shivered into
<hi rend="italic">smithereens</hi>—the glass was rather thin—then we hit one another as best we could, with our fists, and he being a more powerful man than me, I got down again, and he kicked me four or five times while I was down—the other two that were in the bar with us, with the assistance of the manager and the barman, who jumped across the counter to my assistance, got me away from him and pinned him up in a corner of the bar—the manager asked me to withdraw outside until quietness and peace should be restored, until they could get the prisoner quiet—I went out—as I was going out at the door, the prisoner seeing me, tore himself away from the men that held him in the corner, and came to the door—he opened one side of the door with his left hand, and deliberately pulled his revolver from his trousers pocket and aimed at me—he took a deliberate aim at my head, and fired—I was scarcely further away from him than I am from his Lordship when he fired—I expect if I had not moved it would have hit my heart, but I ducked my head—I was not more than three yards away from him at the time—I was just in time to save myself—the very moment I stooped them</p>
<xptr type="pageFacsimile" doc="188811190038"/>
<p>Was the shot, and the flash in my very eyes, and the bullet whizzed by my ear—he then came out at the door—he held the revolver still in the same position—I expected he was about to fire a second time, and I dodged about behind a few parties that collected—I saw him held by a party, and I saw a policeman, and I stepped up at once and gave him into custody—I charged him with shooting at me—I did not hear what he said—he was taken to Bow Street station—I followed behind—I heard him charged there, and he said he had a perfect right to shoot me, and that Mr. Soames would back him up in it, and that Mr. Soames gave him the money, or a sovereign, for the revolver, and he bought it for 5
<hi rend="italic">s</hi>.—he had damaged it in some way after that, and got it repaired, which cost him 2
<hi rend="italic">s</hi>., at a shop at the corner of Chancery Lane—at the station he said if he had shot me dead the devil a hair on his head would be touched for it—I had known him about five or six weeks—he had shown me the revolver in the Freemasons' Arms, and he told me who had given him the money for it—when it was repaired, I accidentally met him in Holborn, and I waited outside the door while he went in and got it repaired and paid 2
<hi rend="italic">s</hi>. for it—he showed me the card; it was Watson and something, at the corner of Chancery Lane—I have been a resident in this country 21 years—I have resided in Drury Lane seven months or so—during the five weeks I have known the prisoner I have been frequently in his company—we have been very comfortable at times, rather friendly—we have had a few altercations.</p>
<p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. We were not friendly down to the time of this occurrence—it was not my wish to cease to be friendly—it was about three weeks before that the altercation took place—one night he asked me to accompany him to Rodney Road, the address of William Maloney, and because I got the address he even assaulted me because I would not give him up the address—the altercation was simply because I had been prying into his business here as a witness for the
<hi rend="italic">Times</hi>—in the course of our conversation in a friendly way I wished to glean as much as I could from him as to what he had to say as an informer over here—I did not care so much for neglecting my business, as long as I was doing any good to my countrymen, if there was anything in it—he was doing about the same, trying to pry into my business—I was just as wide awake as he was—my business was not quite similar to his—I was not, on the part of the
<hi rend="italic">Times,</hi> receiving £6 or £7 a week—I have been summoned as a witness by Mr. Soames—I don't mean that Mr. Soames himself came and summoned me—their paid agent did, William Maloney—I have got my summons here (
<hi rend="italic">producing</hi> it)—I had spoken to the prisoner about my evidence during these altercations—Maloney is their paid agent to go about and rake up all the evidence he possibly can—I got half a sovereign with my subpoena, and I got half a sovereign the first day Maloney took me into the office—it was to pay me for my day's labour in coming there—I have since had, I think, two more half-sovereigns from them—that was not from Maloney, but from Mr. Soames's clerk—Maloney was not the man that was paying the witnesses, he is something similar to a recruiting sergeant, to go about and rake up all the rubbish he can to give in to Mr. Soames; something similar to my own, similar to the statement ho got me to make—he told me I could make up a yarn outside—I said, "What, do you want me to go against my countrymen?"—I said I would not—I went into one of the offices, and Maloney went in to two of</p>
<xptr type="pageFacsimile" doc="188811190039"/>
<p>the clerks—that was at Mr. Soames's office, 58, Lincoln's Inn Fields—I saw two of the clerks there; one was Mr. Edmunds, I think, and the other Mr. Hall.</p>
<p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">MR. PURCELL</hi>. I told the prisoner what I was going to do—I told him I had pitched them a yarn that would knock them sick; in fact, that would hang half the Irish members, if it was only true—I told him the course of action I would take if I was called into the witness-box—I told him I had manufactured a pill for Mr. Soames, and I would see that he swallowed it, and that I would leave it to Sir James Hannen and Sir Charles Russell to see whether he would digest it or not, or whether they could manufacture it or not—I told him that when I went into the witness-box, if ever I got there, I should turn the tables on him altogether in favour of my own countrymen.</p>
<p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. I did not go of my own accord—I was taken by their agent—he wanted to entrap me, and I thought I would entrap them—they did not take me there to make a yarn that would make them sick, but I gave it to them the more for that—I have not got a copy of the yarn—I could not even think of a second word of it this moment; it just came to me there and then—there was not a particle of truth in it; that is the truth for you now—it was a yarn just to suit their own palate; it was very nice—if it did not suit them it would not be any use at all—the pill was stiff enough—I made it just to suit their palate, that is it—I think that was right—I did not tell a deliberate lie—it was like this, I wish to show you my justification—it is nothing but trickery and falsehood that they are acting under at the present time themselves—I did tell a deliberate lie, and I consider I was justified in doing so, to fight them with their own weapons, because it is nothing but lies they are building on—I told the prisoner that as they were playing a little bit of trickery on their side, I did not see why T, as an Irisnman, should not do the same on our side, and meet them with their own weapons—I told him that a verbal statement I considered as nothing whatever; but sworn testimony I would adhere to in any place—I value my oath.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I did not know that Mr. Soames was solicitor to the
<hi rend="italic">Times</hi> till I was taken there—I don't know how much money I have had from him, about four half-sovereigns—I don't think I have had five—he paid me half a sovereign for my loss of time the first time I was taken there by his paid emissary—the next time I received another half sovereign with my subpoena—after making my statement I was subpœnaed as a witness to attend to give evidence before the Commission—the statement I made was a verbal statement; there was no truth whatever in it—that is my answer; you don't want it straighter than that—I took their money as a witness; they were throwing it away like sawdust, and I did not see why I should not have some of it—there was no swindle in it.</p>
<p>
<hi rend="italic">Q.</hi> Did you not intend to go into the witness-box and contradict every word you had told Mr. Soames?
<hi rend="italic">A.</hi> Indeed, I honestly did, but you see I should be on my oath then—as I said before, I don't see why they should not be fought with their own weapons—I did not cheat them if they were prepared to give it to me, or any other fool that came there with any rubbisning kind of evidence—I did not compel them to give me money; they gave it me of their own free will—I have received nothing else from them—in the witness box I should tell the truth like an honest man—I don't see any harm in</p>
<xptr type="pageFacsimile" doc="188811190040"/>
<p>getting the money and telling this false story, when they played the same game.</p>
<p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. I had no other story to tell in the witness-box, only being here 21 years, and knowing nothing whatever concerning the Irish members or the Irish business—if I made a mistake I made it on my own responsibility, and I certainly say they were doing a good deal in the same way.</p>
<p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">MR. POLAND</hi>. I went to the solicitors on the other side, to tell them I had received a subpoena, and to ask what course of action to take—I went to Messrs. Lewis and Lewis, of Ely Place—I saw a clerk, I can't say his name, I told him as nearly as I could possibly think the statement I had made at Mr. Soames'—it was taken down by the said clerk—I did not tell him that I had told the
<hi rend="italic">Times</hi> solicitors a pack of lies—he asked me, was there any truth in the statement, and I said "No"—he did not ask me if I was called as a witness for the
<hi rend="italic">Times;</hi> was I going to sell them?—I simply told him there was no truth in it—I did not tell him I was going into the witness-box, because I was not sure—I got nothing at all on that occasion—I did not get anything from Mr. Lewis at any time—I was not promised anything—I went there when I got my subpoena—I wanted to ask for some guidance in the matter; I mean that; I told him I had been to Mr. Soames's office and received a subpoena, and I asked him his opinion on the matter—I have not had any money from the other side—who do you mean by the other side?—I don't at all know who you mean by the other side—do you mean have I had half a sovereign from Mr. Lewis?—put it in a definite form and I will answer it—I had no money from Mr. Lewis—I had half a sovereign from Kavanagh; that was not in Mr. Lewis' office, it was out in the street—I don't know what it was for—Kavanagh was there at Mr. Lewis's office, and he took me there that day and gave me half a sovereign, but Mr. Lewis never gave me a half penny—whether he or any of his clerks gave it to Kavanagh is a thing I know nothing about—I don't know Mr. Griffiths, one of Mr. Lewis's clerks; I don't know any of their names—I know that the prisoner was subpœnaed as a witness for the
<hi rend="italic">Times,</hi> so he told me; he told me he was going to give evidence—I had called him a consummate scoundrel, not because he was going to give evidence, but because he told me that he expected when the case would be over he would receive £1,000 or £2,000 to take him out of the country and get a Government situation—that gave me to understand what he was at once—it was not then that I called him a consummate scoundrel, but I held him in my opinion as such—I never called him an informer, as far as I remember; but if I did not call him one, I thought him one—to the best of my memory I did not call him one in the hearing of anybody—I really can't swear to that; I may have done—I did not do so at the Freemasons' Arms in the presence of a number of my countrymen—I did not call him a blasted informer; I can't remember anything of the kind; I hardly said a word to the man—he has called it to me, though, and tried to make my countrymen think I was such—I did not threaten him in Rodney Street—I had not a stick with me—this is one I have had to carry—this is the first day I have brought it with me, and that is because I was run over—I did not have it with me the day I went to the George—I had not brought this stick out this twelvemonth or two years—I never carry such, but I was run over accidentally last Monday by the wheel of a cab over my toe, and was compelled to bring it</p>
<xptr type="pageFacsimile" doc="188811190041"/>
<p>with me—I knew that the prisoner had a revolver, and that he carried it about with him—I don't know that he had been threatened—I had no animosity against him, only this, that I wished to glean anything I possibly could out of him, if there was the slightest chance—he did not tell me that he had bought the revolver in consequence of threats, and that he walked about in fear—nothing of the sort, nor if he fired it off in the street it would soon bring the police for protection—to fire it at my head is a new way to call attention—I was a member of the National League off and on for some few months—I have been attached to Irish Nationality for some years—I am not a member of the Fenian organisation—I was when it was in existence—since that has been put down by Mr. Parnell and his party I have joined the National League—I knew the Fenian was a rebel organisation, the League is a constitutional agitation, I believe; not so with the other—I carry a knife, as I used to; that is the biggest one I carry (
<hi rend="italic">producing small one</hi>)—when the prisoner saw that I noticed him at the George he ran away—I did not know why, but I knew it was for some very queer purpose—he did not want me to see him, I daresay—what his motive was I can't say—I did not go out and beckon to him just then; I did after about ten minutes—I just simply drew the badger, when I saw him in the corner I thought I would walk him out, which I did—when we were together the dispute took place—I had not had very much drink that day—I think it might have been four or five half-pints of ale altogether; it might be a little more than that through the course of the day; it might amount to six half-pints—when he said to me, "You called me a consummate acoundrel in the Freemasons' Arms," he made an attempt with his fist at my head, which I avoided, and it caught my shoulder; it knocked me down—my striking him with the glass was about half an hour after the first assault—I think I had a perfect right to do so—I did not see any blood on his head—I was knocked down and ticked about five times, and a man came to my assistance—when I got outside I was standing just in front of the door; I had no time to go very far—he stood inside the door, and took deliberate aim at me, opening the door with his left hand; he was about three yards from me—he fired in my direction—he was standing just in front of me—I felt the bullet whiz—I don't know that I said that before the Magistrate, I may have forgotten to say so—I really don't remember what I did say before the Magistrate, but I know, on my solemn oath, that the bullet did whiz—I don't remember whether I did say so or not.</p>
<p>
<hi rend="italic">Re-examined.</hi> The prisoner is the man that gave me the half-sovereign—we had both been to Messrs. Lewis and Lewis—when I came out I expected nothing of this from him or anybody else—I was summoned as a witness for the
<hi rend="italic">Times</hi> as well as the prisoner, and we both paid a visit to Messrs. Lewis, the solicitors on the other side—it was outside Messrs. Lewis's that he gave me the half-sovereign—I don't know where he got it from—I can't really tell if he told me why ho had gone there; he went on some business of course connected with the business of the
<hi rend="italic">Times</hi> and the Parnell party; something that way—he did not tell me; he gave me to understand it was on the same business, on the
<hi rend="italic">Times</hi> business, that he went there.</p>
<p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. I did not tell the prisoner that I had manufactured one story for the
<hi rend="italic">Times,</hi> and that I intended to manufacture another one for</p>
<xptr type="pageFacsimile" doc="188811190042"/>
<p>my countrymen when I got into the witness-box—that is false—I have not sworn it—(
<hi rend="italic">The witness's deposition was read to him, thus:</hi> "The prisoner had been informed by me that I was not going to make in the witness-box the statement I had made to Mr. Soames, which was a big one, but was going to manufacture another one for my countrymen, a different story"—that is wholly wrong; it must have slipped my notice, or else I would not allow it to be there—that portion is false—to the best of my knowledge I did not make use of those words—I may have done so; if it is said there that I have sworn to it, it has slipped my memory altogether; but I tell you that portion about manufacturing a story for my countrymen, I could not do it, it is wholely and solely false—I never to the best of my knowledge meant to swear it; it is absolutely false; it is fair and truly false—if that was read over to me and I signed it, it has slipped my memory altogether—if I did say it, it certainly is false—I can stick to everything else there, but that portion I cannot—I was at Mr. Soames's office about an hour, I think—I cannot tell how many people I made statements about there; Mr. Soames, I daresay, can supply you with it, I can't; it would be impossible for me to give it you from memory—mine is not a defective memory—on my oath I could not really think of what it was I said at all that day—I was partly drunk; the officer called on me and we had several drinks before he took me to the office—he even brought me out of the office and made me drink again—I do not remember any particulars; all I know is that whatever statement I made was simply false.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-183" type="witnessName">
<interp inst="t18881119-name-183" type="gender" value="male"/>
<interp inst="t18881119-name-183" type="surname" value="MINCH"/>
<interp inst="t18881119-name-183" type="given" value="ARTHUR"/>ARTHUR MINCH</persName> </hi>. I am manager at the George Hotel. On the afternoon of 1st November, about twenty-five minutes past five, I saw the prosecutor and the prisoner in the bar—they were arguing in a loud tone, so I had to ask them to be quiet—the prisoner asked me if I would serve him with some more beer, which I refused—they still stopped in the bar for a short time—they were both perfectly sober, as far as I could judge; but I thought if they went out of the house, there would be an end of the row, or bother, or loud talking—a short time after, I turned my head and saw the prisoner strike at Lane—I heard them speaking to each other before that; I did not hear what was said—the blow did not seem to hurt Lane in any way that I could see—at the same time he struck at Lane, Lane had an ale glass in his hand, with which he hit the prisoner on the head, and it fell to the ground and smashed, and the prisoner fell to the ground—I don't think the glass smashed on his head; I think it fell on the ground—I heard it fall, and heard it smash—I could not see in the scuffle whether it smashed on the man's head or on the floor—, after that they seemed to close with each other, and in the struggle Lane was pushed on the floor—I saw the prisoner kick Lane three or four times—I jumped over the counter to separate them, caught hold of the prisoner, and held him up in a corner on the left of the bar—while I was holding him he said two or three times," Leave go; let me go"—I still held on to him, and a short time afterwards I noticed him put his hand into his left-hand side pocket and pull out a revolver—he got away from me, and went towards the door—I also went towards the door, and opened one of them, he opened the other; I thought he was going out, but instead of that he held up his arm, and fired at Lane, who was standing by the side of the kerb in the gutter—he pointed the revolver at his head—it was not discharged immediately he pointed; there was a</p>
<xptr type="pageFacsimile" doc="188811190043"/>
<p>short time, I should say about twenty seconds before he fired—Lane was standing there during that time, he seemed to move about—I did not see any persons in the street, I was standing close to him—after firing he turned round as if he would walk back into the bar, but afterwards walked out of the house—I afterwards saw him in the hands of the police.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I did not see anyone else near when he fired—I did not see anyone touch him or knock up the pistol—I did not see any blood on him—he seemed excited after the blow on his head—I did not see any beer over him—I don't remember hearing him called any names.</p>
<p>
<hi rend="italic">Re-examined.</hi> When at the door I was standing on the right-hand side of the prisoner, just behind him—they are double doors.</p>
<p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. I was close to him—I can't say why I did not knock his arm up—I could have done so if I had liked—I should say our house is used by the witnesses on both sides—there are very few disturbances in the house.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-184" type="witnessName">
<interp inst="t18881119-name-184" type="gender" value="male"/>
<interp inst="t18881119-name-184" type="surname" value="READY"/>
<interp inst="t18881119-name-184" type="given" value="GEORGE WILLIAM"/>GEORGE WILLIAM READY</persName> </hi>. I am an electrician, employed at the Law Courts—I was in the George Hotel on this afternoon—I heard a crash of breaking of glass, looked round and saw the manager and the barman jumping over the bar—I was in another compartment—I ran round into the compartment, and saw a bit of a scuffle in the corner—the prisoner was just coming from the corner—Lane ran under my left arm, doubled in a stooping position, and rushed out of the house—I went towards the prisoner, and saw he was hurt; he had his hand to his face—I went close to him, and said, "What's the matter?"—he looked at me, and said, "Who are you? I don't know you; look here"—he turned the right side of his face towards me, and I saw that it was cut and looked very bad; it seemed to be lacerated—the blood was smothered on his face, the right side of his face seemed smothered with blood, just in front of the lower part of the ear—he whipped by me very quickly, and opened the left-hand door with his left hand—the manager, Mr. Minch, opened the right-hand door—I expected the prisoner was going out; but he stopped, planted himself firmly, and drew the revolver—I looked out in the direction he was pointing, and saw Lane in front, in the road, about four feet from the kerb—the footpath is about three yards wide—the prisoner took a very long aim at Lane—he was interrupted three times by persons passing across his sight—I was at his right-hand shoulder, close to him, just at the rear of him—Lane kept dodging, moving his body while the prisoner was taking aim, and as he was about to pull the trigger I knocked his arm up, just the front part of his elbow—his arm was nearly straight—I partly turned him round after he fired, and he partly turned himself—I said, "Give me that thing"—he said, "Who are you? I don't know you, you are not a policeman, I want a policeman"—I said, "Don't be a fool, man, give it to me"—as I was about to say I was a policeman some constables came up.</p>
<p>
<hi rend="italic">Cross-examined.</hi> There was no difficulty in seeing the blood on the side of his face—I was between him and Minch, and saw Minch holding the right-hand door—the prisoner looked bad and injured, as if he had had a severe blow on the head—I did not interfere with him while he was taking his aim—I did not assist the police in searching for the bullet.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-185" type="witnessName">
<interp inst="t18881119-name-185" type="gender" value="male"/>
<interp inst="t18881119-name-185" type="surname" value="FORD"/>
<interp inst="t18881119-name-185" type="given" value="EDWARD"/>EDWARD FORD</persName> </hi>. I am barman at the George Hotel—on the 1st</p>
<xptr type="pageFacsimile" doc="188811190044"/>
<p>November I heard a smash of glass in the bar—I went there and saw Lane lying on the floor and the prisoner kicking him—the manager was trying to take the prisoner away from Lane—I went over the bar to help the manager, the prisoner was struggling with him, and I put him against the corner—he said, "Let me get at him"—he muttered that two or three times—the manager was persuading Lane to go out—at last the prisoner got away, ran to the door and opened it with his left hand, pulled out the revolver and took a deliberate aim at Lane—I could see Lane from where I was; he was standing at the side of a lamp-post, in the gutter—I was at the side of the prisoner's arm when he was aiming the pistol, on his right side; the manager was at the side of me holding the right-hand door open as he held the left—I did not see Ready—I should say 40 seconds elapsed between the prisoner rushing to the door and firing the pistol; that is only a guess.</p>
<p>
<hi rend="italic">Cross-examined.</hi> When he fired I only saw the manager; he was by the side of me—I did not say before the Magistrate that he was behind me—I was too agitated to see anybody—I said before the Magistrate that he took a deliberate aim. (
<hi rend="italic">The deposition being referred to did not contain that remark</hi>)—the deposition is quite right; they did not ask me the question—it was the first time I had ever been in a Court—the blood on the prisoner's face was at the side of his ear, down the side of his face—it was only a little—it was more like a scratch than anything.</p>
<p>
<hi rend="italic">Re-examined.</hi> I saw Lane in the gutter when the prisoner was at the door; he had the revolver out—Lane was standing there looking at him when he fired.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-186" type="witnessName">
<interp inst="t18881119-name-186" type="gender" value="male"/>
<interp inst="t18881119-name-186" type="surname" value="CROSS"/>
<interp inst="t18881119-name-186" type="given" value="EDWARD"/>EDWARD CROSS</persName> </hi> (
<hi rend="italic">Policeman E</hi> 282). On 1st November in the afternoon I heard a report of firearms—I was on duty opposite the George Inn, and near the Law Courts—I crossed over to the George—I saw a number of people and the witness Ready with the prisoner in custody, at least holding his arm detaining him—Ready said, "This man has fired a revolver at some man I do not know"—I took hold of him, and the prisoner handed the revolver to me—he said, "I did, I fired it in the air to call the attention of the police"—I am almost positive he did say those words—Ready had caught hold of the prisoner's right hand—I took him to the station—I am certain the prisoner said, "I fired in the air to call the attention of the police "when I took hold of him—I cautioned him on the way to the station not to say too much in this way—I said, "What you have to say tell the inspector at the station. "</p>
<p>
<hi rend="italic">Cross-examined.</hi> He handed me the revolver and said those words directly he saw me—he also said, "Here's the pistol, take care, it is loaded in four chambers"—that was true—he went with me quietly—he. gave an account to the inspector—I saw blood on the right-hand side of his cheek—he was excited.</p>
<p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. There was not a large crowd—from 50 to 100 people gathered after the report of firearms—I was not there previous to the report—I had seen the ordinary line of people going backwards and forwards previously.</p>
<p>
<hi rend="smallCaps">
<persName id="t18881119-name-187" type="witnessName">
<interp inst="t18881119-name-187" type="gender" value="male"/>
<interp inst="t18881119-name-187" type="surname" value="HANSON"/>
<interp inst="t18881119-name-187" type="given" value="ALFRED"/>ALFRED HANSON</persName> </hi> (
<hi rend="italic">Inspector E</hi>). I was on duty when the prisoner was brought into the station—I heard some noise, and on entering the charge-room the sergeant was entering the charge—the first words I heard by the prisoner were, "I fired over the heads of the crowd, I was standing at the door, of the public-house, I can prove the case when I go before</p>
<xptr type="pageFacsimile" doc="188811190045"/>
<p>the Magistrate; what about Bill Marney?"—Mahony, I think he meant, but I put it down on this paper, which I wrote at the time, "Marney"—"Marney brought him to my house, and represented him to me as a detective; I can prove that there were fifty people standing there"—Lane said something which I could not quite catch, there were so many talking at the time, but it was to the effect "You fired at me," and the prisoner said, "I could not have fired at you"—afterwards the prisoner said, "If I had put it into your head the devil a hair of my head would be
<hi rend="italic">hurted</hi>"—the charge was entered by this time, and it was read over to the prisoner, but he made no answer—about an hour afterwards I visited the prisoner in his cell—he said, "I fired right over the heads of the crowd, and I did it to bring the police; I knew that he had a whole crowd of men waiting for me, and if I went out alone they would have me; I am quite prepared to stand any consequence of firing the revolver; I did it deliberately, in order to attract the police"—I examined the revolver—four of the six chambers were loaded—one chamber had been recently discharged.</p>
<p>
<hi rend="italic">Cross-examined.</hi> A careful search has been made, but no bullet has been found—I noticed a recent mark about 15 to 20 feet above and left of the principal entrance of the Law Courts, but cannot tell whether it was a bullet mark or not—a bullet might have made it—the prisoner has been under police protection—police have been told off to watch his lodgings night and day, and see that he came to no harm since about the middle of September—the pistol, after firing, re-cocks, ready to fire again.</p>
<p>
<hi rend="italic">Re-examined.</hi> I cannot say who gave me the information as to the prisoner having police protection.</p>
<p>
<hi rend="italic">The Prisoners Statement before the Magistrate.</hi> "My conscience is as clear as yours on the bench, your worship. "</p>
<p>
<hi rend="italic">The prisoner received a good character.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18881119-35-verdict-1" type="verdictDescription">
<interp inst="t18881119-35-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18881119-35-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p>
<p>
<hi rend="italic">There was another indictment against the prisoner for
<rs id="t18881119-35-offence-2" type="offenceDescription">
<interp inst="t18881119-35-offence-2" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18881119-35-offence-2" type="offenceSubcategory" value="assault"/>a common assau't on the said Patrick Lane</rs>, upon which Mr. Purcell offered no evidence.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18881119-35-verdict-2" type="verdictDescription">
<interp inst="t18881119-35-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18881119-35-verdict-2" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Thursday, November</hi> 22
<hi rend="italic">nd,</hi> 1888.</p>
<p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t18881119-36">
<interp inst="t18881119-36" type="uri" value="sessionsPapers/18881119"/>
<interp inst="t18881119-36" type="date" value="18881119"/>
<join result="criminalCharge" id="t18881119-36-charge-1" targOrder="Y" targets="def1-36-18881119 t18881119-36-offence-1 t18881119-36-verdict-1"/>
<p>36.
<persName id="def1-36-18881119" type="defendantName">
<interp inst="def1-36-18881119" type="gender" value="male"/>
<interp inst="def1-36-18881119" type="age" value="51"/>
<interp inst="def1-36-18881119" type="surname" value="RUSSELL"/>
<interp inst="def1-36-18881119" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM RUSSELL</hi> (51)</persName>
<rs id="t18881119-36-offence-1" type="offenceDescription">
<interp inst="t18881119-36-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18881119-36-offence-1" type="offenceSubcategory" value="keepingABrothel"/> Unlawfully procuring
<persName id="t18881119-name-189" type="victimName">
<interp inst="t18881119-name-189" type="gender" value="female"/>
<interp inst="t18881119-name-189" type="surname" value="DONWORTH"/>
<interp inst="t18881119-name-189" type="given" value="ANNIE"/>
<join result="offenceVictim" targOrder="Y" targets="t18881119-36-offence-1 t18881119-name-189"/>Annie Donworth</persName> to become a common prostitute.</rs> </p>
<p>
<hi rend="smallCaps">MR. POLAND</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. C. MATHEWS</hi>
<hi rend="italic">Prosecuted;</hi>
<hi rend="smallCaps">MR. LAWLESS</hi>
<hi rend="italic">Defended.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18881119-36-verdict-1" type="verdictDescription">
<interp inst="t18881119-36-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18881119-36-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18881119-36-punishment-24" type="punishmentDescription">
<interp inst="t18881119-36-punishment-24" type="punishmentCategory" value="imprison"/>
<interp inst="t18881119-36-punishment-24" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-36-18881119 t18881119-36-punishment-24"/>Eighteen Months' Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18881119-37">
<interp inst="t18881119-37" type="uri" value="sessionsPapers/18881119"/>
<interp inst="t18881119-37" type="date" value="18881119"/>
<join result="criminalCharge" id="t18881119-37-charge-1" targOrder="Y" targets="def1-37-18881119 t18881119-37-offence-1 t18881119-37-verdict-1"/>
<p>37.
<persName id="def1-37-18881119" type="defendantName">
<interp inst="def1-37-18881119" type="gender" value="male"/>
<interp inst="def1-37-18881119" type="surname" value="MACKAY"/>
<interp inst="def1-37-18881119" type="given" value="CHARLES ROBERT"/>
<hi rend="largeCaps">CHARLES ROBERT MACKAY</hi> </persName>,
<rs id="t18881119-37-offence-1" type="offenceDescription">
<interp inst="t18881119-37-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18881119-37-offence-1" type="offenceSubcategory" value="libel"/> Unlawfully publishing a libel concerning
<persName id="t18881119-name-191" type="victimName">
<interp inst="t18881119-name-191" type="gender" value="male"/>
<interp inst="t18881119-name-191" type="surname" value="ROSS"/>
<interp inst="t18881119-name-191" type="given" value="WILLIAM STEWART"/>
<join result="offenceVictim" targOrder="Y" targets="t18881119-37-offence-1 t18881119-name-191"/>William Stewart Ross</persName>.</rs> </p>
<p>
<hi rend="italic">No evidence was offered.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18881119-37-verdict-1" type="verdictDescription">
<interp inst="t18881119-37-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18881119-37-verdict-1" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi</