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<div1 type="frontMatter" id="f18900203">
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<p>CENTRAL CRIMINAL COURT</p>
<p>Sessions Paper.</p>
<p>ISAACS, MAYOR.</p>
<p>FOURTH SESSION, HELD FEBRUABY 3RD, 1890.</p>
<p>MINUTES OF EVIDENCE.</p>
<p>TAKEN IN SHORT-HAND, BY</p>
<p>
<persName id="t18900203-name-1">
<interp inst="t18900203-name-1" type="gender" value="male"/>
<interp inst="t18900203-name-1" type="surname" value="BARNETT"/>
<interp inst="t18900203-name-1" type="given" value="JAMES DROVER"/>JAMES DROVER BARNETT</persName> </p>
<p>AND</p>
<p>
<persName id="t18900203-name-2">
<interp inst="t18900203-name-2" type="gender" value="male"/>
<interp inst="t18900203-name-2" type="surname" value="BUCKLER"/>
<interp inst="t18900203-name-2" type="given" value="ALEXANDER"/>ALEXANDER BUCKLER</persName>,</p>
<p>Short-hand Writers to the Court,</p>
<p>ROLLS CHAMBERS, No. 89, CHANCERY LANE.</p>
<p>THE POINTS OF LAW AND PRACTICE</p>
<p>REVISED AND EDITED BY</p>
<p>
<persName id="t18900203-name-3">
<interp inst="t18900203-name-3" type="gender" value="male"/>
<interp inst="t18900203-name-3" type="surname" value="BESLEY"/>
<interp inst="t18900203-name-3" type="given" value="EDWARD T. E."/>EDWARD T. E. BESLEY</persName>, ESQ.,</p>
<p>OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.</p>
<p>LONDON:</p>
<p>STEVENS AND SONS, LIMITED, 119, CHANCERY LANE,</p>
<p>Law Booksellers and Publishers.</p>
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<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>Held on Monday, February 3rd, 1890, and following days.</p>
<p>
<hi rend="smallCaps">BEFORE</hi> the
<hi rend="smallCaps">RIGHT HON. SIR</hi>
<hi rend="largeCaps">
<persName id="t18900203-name-4" type="judiciaryName">
<interp inst="t18900203-name-4" type="gender" value="male"/>
<interp inst="t18900203-name-4" type="surname" value="ISAACS"/>
<interp inst="t18900203-name-4" type="given" value="HENRY AARON"/>HENRY AARON ISAACS</persName>, LORD MAYOR</hi> of the City of London; the Hon. Sir
<hi rend="smallCaps">
<persName id="t18900203-name-5" type="judiciaryName">
<interp inst="t18900203-name-5" type="gender" value="male"/>
<interp inst="t18900203-name-5" type="surname" value="DAY"/>
<interp inst="t18900203-name-5" type="given" value="JOHN CHARLES"/>JOHN CHARLES DAY</persName> </hi>, Knt., one of the Justices of Her Majesty's High Court of Justice; Sir
<hi rend="smallCaps">
<persName id="t18900203-name-6" type="judiciaryName">
<interp inst="t18900203-name-6" type="gender" value="male"/>
<interp inst="t18900203-name-6" type="surname" value="LAWRENCE"/>
<interp inst="t18900203-name-6" type="given" value="JAMES CLARKE"/>JAMES CLARKE LAWRENCE</persName> </hi>, Bart., Sir
<hi rend="smallCaps">
<persName id="t18900203-name-7" type="judiciaryName">
<interp inst="t18900203-name-7" type="gender" value="male"/>
<interp inst="t18900203-name-7" type="surname" value="LUSK"/>
<interp inst="t18900203-name-7" type="given" value="ANDREW"/>ANDREW LUSK</persName> </hi>, Bart., and Sir
<hi rend="smallCaps">
<persName id="t18900203-name-8" type="judiciaryName">
<interp inst="t18900203-name-8" type="gender" value="male"/>
<interp inst="t18900203-name-8" type="surname" value="HANSON"/>
<interp inst="t18900203-name-8" type="given" value="REGINALD"/>REGINALD HANSON</persName> </hi>, Bart., Aldermen of the said City; Sir
<hi rend="smallCaps">
<persName id="t18900203-name-9" type="judiciaryName">
<interp inst="t18900203-name-9" type="gender" value="male"/>
<interp inst="t18900203-name-9" type="surname" value="CHAMBERS"/>
<interp inst="t18900203-name-9" type="given" value="THOMAS"/>THOMAS CHAMBERS</persName> </hi>, Knt., Q. C., Recorder of the said City;
<hi rend="smallCaps">
<persName id="t18900203-name-10" type="judiciaryName">
<interp inst="t18900203-name-10" type="gender" value="male"/>
<interp inst="t18900203-name-10" type="surname" value="EVANS"/>
<interp inst="t18900203-name-10" type="given" value="DAVID"/>DAVID EVANS</persName> </hi>, Esq.,
<hi rend="smallCaps">
<persName id="t18900203-name-11" type="judiciaryName">
<interp inst="t18900203-name-11" type="gender" value="male"/>
<interp inst="t18900203-name-11" type="surname" value="TYLER"/>
<interp inst="t18900203-name-11" type="given" value="GEORGE ROBERT"/>GEORGE ROBERT TYLER</persName> </hi>, Esq.,
<hi rend="smallCaps">
<persName id="t18900203-name-12" type="judiciaryName">
<interp inst="t18900203-name-12" type="gender" value="male"/>
<interp inst="t18900203-name-12" type="surname" value="WILKIN"/>
<interp inst="t18900203-name-12" type="given" value="WALTER HENRY"/>WALTER HENRY WILKIN</persName> </hi>, Esq.,
<hi rend="smallCaps">
<persName id="t18900203-name-13" type="judiciaryName">
<interp inst="t18900203-name-13" type="gender" value="male"/>
<interp inst="t18900203-name-13" type="surname" value="PHILLIPS"/>
<interp inst="t18900203-name-13" type="given" value="GEORGE FAUDEL"/>GEORGE FAUDEL PHILLIPS</persName> </hi>, Esq., and
<hi rend="smallCaps">
<persName id="t18900203-name-14" type="judiciaryName">
<interp inst="t18900203-name-14" type="gender" value="male"/>
<interp inst="t18900203-name-14" type="surname" value="DAVIES"/>
<interp inst="t18900203-name-14" type="given" value="HORATIO DAVID"/>HORATIO DAVID DAVIES</persName> </hi>, Esq., other of the Aldermen of the said City; and Sir
<hi rend="smallCaps">
<persName id="t18900203-name-15" type="judiciaryName">
<interp inst="t18900203-name-15" type="gender" value="male"/>
<interp inst="t18900203-name-15" type="surname" value="CHARLEY"/>
<interp inst="t18900203-name-15" 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="t18900203-name-16" type="judiciaryName">
<interp inst="t18900203-name-16" type="gender" value="male"/>
<interp inst="t18900203-name-16" type="surname" value="KNILL"/>
<interp inst="t18900203-name-16" type="given" value="STUART"/>STUART KNILL</persName> </hi>, Esq., Alderman,</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-17" type="judiciaryName">
<interp inst="t18900203-name-17" type="gender" value="male"/>
<interp inst="t18900203-name-17" type="surname" value="HARRIS"/>
<interp inst="t18900203-name-17" type="given" value="WALTER HENRY"/>WALTER HENRY HARRIS</persName> </hi>, Esq.,</p>
<p>
<hi rend="italic">Sheriffs.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-18" type="judiciaryName">
<interp inst="t18900203-name-18" type="gender" value="male"/>
<interp inst="t18900203-name-18" type="surname" value="METCALFE"/>
<interp inst="t18900203-name-18" type="given" value="FREDERICK KYNASTON"/>FREDERICK KYNASTON METCALFE</persName> </hi>, Esq.,</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-19" type="judiciaryName">
<interp inst="t18900203-name-19" type="gender" value="male"/>
<interp inst="t18900203-name-19" type="surname" value="BEARD"/>
<interp inst="t18900203-name-19" type="given" value="THOMAS"/>THOMAS BEARD</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">ISAACS, MAYOR. FOURTH 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, February</hi> 3rd,
<hi rend="italic">and Tuesday, February</hi> 4
<hi rend="italic">th</hi>, 1890.</p>
<p>
<hi rend="italic">Before Mr. Recorder,</hi> </p>
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<p>176.
<persName id="def1-176-18900203" type="defendantName">
<interp inst="def1-176-18900203" type="gender" value="male"/>
<interp inst="def1-176-18900203" type="surname" value="SCHULER"/>
<interp inst="def1-176-18900203" type="given" value="JACOB OTTO"/>
<hi rend="largeCaps">JACOB OTTO SCHULER</hi> </persName> was indicted
<rs id="t18900203-176-offence-1" type="offenceDescription">
<interp inst="t18900203-176-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18900203-176-offence-1" type="offenceSubcategory" value="bankrupcy"/> for an offence under the Bankruptcy Act, by causing a gift of certain of his stock with intent to defraud his creditors.</rs> </p>
<p>
<hi rend="smallCaps">MR. GRAIN</hi>
<hi rend="italic">offered no evidence for the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18900203-176-verdict-1" type="verdictDescription">
<interp inst="t18900203-176-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18900203-176-verdict-1" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p>
<p>
<hi rend="italic">Fur the Case of Davis and Selfe, see Surrey Cases.</hi>,</p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Monday February</hi> 3
<hi rend="italic">rd</hi>,1890.</p>
<p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
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<p>177.
<persName id="def1-177-18900203" type="defendantName">
<interp inst="def1-177-18900203" type="gender" value="male"/>
<interp inst="def1-177-18900203" type="age" value="67"/>
<interp inst="def1-177-18900203" type="surname" value="WEST"/>
<interp inst="def1-177-18900203" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM WEST</hi> (67)</persName>
<rs id="t18900203-177-offence-1" type="offenceDescription">
<interp inst="t18900203-177-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18900203-177-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. WILMOT</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-22" type="witnessName">
<interp inst="t18900203-name-22" type="gender" value="male"/>
<interp inst="t18900203-name-22" type="surname" value="MANTON"/>
<interp inst="t18900203-name-22" type="given" value="THOMAS"/>THOMAS MANTON</persName> </hi>. I am a costermonger, of 87, Harrison Street, Gray's Inn Road—on 16th January, about 2.30 p.m., I was in an elppie shop in Gray's Inn Road—two voting men came in, called for something, and tendered a half-crown; the shopman broke it in two and gave the pieces back to them, and they paid with good money—I went out first, and they came out, overtook the prisoner sixty or seventy yards from the shop, and showed him the two pieces—he took them in his hand, and gave them back to him, and he dropped them down a gulley—the man who had tendered the bad half-crown gave the prisoner some change, and he gave him another coin out of a paper—I was two or three yarns behind them, on the same side—I spoke to a constable in uniform, and we followed the three to the corner of Elm Street—the constable took the prisoner, and the other two ran away—I went after them, but lost sight of them, as there was a great crowd—the prisoner tried to break away from the constable, who took a package from his hand five or six minutes after he was</p>
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<p>apprehended—he had not volunteered any statement—we did not know he had got it, but I knew he had got something—I did not see him pick it up, but he said that he did.</p>
<p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> You handled the broken pieces.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-23" type="witnessName">
<interp inst="t18900203-name-23" type="gender" value="male"/>
<interp inst="t18900203-name-23" type="surname" value="SEARLE"/>
<interp inst="t18900203-name-23" type="given" value="ERNEST HENRY"/>ERNEST HENRY SEARLE</persName> </hi>. I assist my brother at an eel-pie shop in Gray's Inn Road—on January 16th, two young men called for something and gave me a half-crown, which I broke, and gave them the pieces—they paid with good money and left—this is like one of the pieces, but it seems as if a piece was gone from it; I broke it straight.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-24" type="witnessName">
<interp inst="t18900203-name-24" type="gender" value="male"/>
<interp inst="t18900203-name-24" type="surname" value="LOWTON"/>
<interp inst="t18900203-name-24" type="given" value="JOSEPH"/>JOSEPH LOWTON</persName> </hi> (
<hi rend="italic">Policeman E R</hi> 48). Manton pointed out three men to me, and we followed them 300 yards to the corner of Elm Street—one of the others looked back, and I took hold of the prisoner and said, "I shall take you in custody on suspicion of having counterfeit coin in your possession"—he said, "I hope not"—I hurried him along through two streets after Manton—from the time he was pointed out to me, I did not see him stoop and pick up anything—I took him to King's Cross Station—he tried to break away from me at the corner of Henry Street, and I saw something white in his left hand—I said, "What have you got there; give it to me?"—he held it very tightly, but with Manton's assistance I got it—it was this small paper parcel, containing five counterfeit half-crowns, with newspaper between them—he said he saw two men running, one of them dropped this, and he picked it up—I searched him at the station, and found £3 in gold, 13s. in silver, and 28. 8 3/4 d. in bronze, all good—Manton pointed out a sewer-gutter to me next morning, and I went to the parish authorities and got it opened and cleared out—this piece is the only one I could find.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-25" type="witnessName">
<interp inst="t18900203-name-25" type="gender" value="male"/>
<interp inst="t18900203-name-25" type="surname" value="WEBSTER"/>
<interp inst="t18900203-name-25" type="given" value="WILLIAM JOHN"/>WILLIAM JOHN WEBSTER</persName> </hi>. I am Inspector of Coin to H. M. Mint—this broken coin is counterfeit—these five half-crowns are counterfeit, and from different moulds—one of them corresponds with the piece thrown down the gulley—they are wrapped up in the usual way, and rubbed with some black substance, which is rubbed off as they are taken out—that is to give them tone.</p>
<p>
<hi rend="italic">The Prisoner, in his defence, staled that he was going to Mr. Wheatley's Home, that he was nearly blind, but hearing something thrown down on the stones he picked it up; that he saw two men running, and had he been in connection with them he should have run too, and as to the good money found on him he received some from his relatives, and nearly £2 from Mr. Wheatley, and some money had been returned to him from Scotland Yard, and that he had obliged a man who sold braces in the street by giving him 5s. in silver for 5s. 1d. worth of coppers; he called,</hi> </p>
<p>
<hi rend="smallCaps">MR. WHEATLEY</hi>. I am secretary to St. Giles' Christian Mission, Brook Street; you have received nearly £2 from me in two payments, one about a month ago, and the other when you came home in November; I have still £1 to your credit.</p>
<p>
<hi rend="smallCaps">
<rs id="t18900203-177-verdict-1" type="verdictDescription">
<interp inst="t18900203-177-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18900203-177-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">He then</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>**
<hi rend="italic">to a conviction at this Court on March</hi> 8th, 1886,
<hi rend="italic">of feloniously uttering counterfeit coin.—
<rs id="t18900203-177-punishment-1" type="punishmentDescription">
<interp inst="t18900203-177-punishment-1" type="punishmentCategory" value="imprison"/>
<interp inst="t18900203-177-punishment-1" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-177-18900203 t18900203-177-punishment-1"/>Eighteen Months' Hard Labour.</rs> </hi> </p> </div1>
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<p>178.
<persName id="def1-178-18900203" type="defendantName">
<interp inst="def1-178-18900203" type="gender" value="male"/>
<interp inst="def1-178-18900203" type="age" value="21"/>
<interp inst="def1-178-18900203" type="surname" value="GASSIN"/>
<interp inst="def1-178-18900203" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM GASSIN</hi>** (21)</persName>
<hi rend="smallCaps">
<rs id="t18900203-178-verdict-1" type="verdictDescription">
<interp inst="t18900203-178-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18900203-178-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to
<rs id="t18900203-178-offence-1" type="offenceDescription">
<interp inst="t18900203-178-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18900203-178-offence-1" type="offenceSubcategory" value="coiningOffences"/>feloniously uttering counterfeit coin, after a conviction of unlawfully uttering counterfeit coin on February 27th, 1888.</rs>
<hi rend="italic">Mr. Wheatley promised to send him to sea.—
<rs id="t18900203-178-punishment-2" type="punishmentDescription">
<interp inst="t18900203-178-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t18900203-178-punishment-2" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-178-18900203 t18900203-178-punishment-2"/>Twenty Months' Hard Labour.</rs> </hi> And</p> </div1>
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<interp inst="t18900203-179" type="date" value="18900203"/>
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<p>179.
<persName id="def1-179-18900203" type="defendantName">
<interp inst="def1-179-18900203" type="gender" value="male"/>
<interp inst="def1-179-18900203" type="age" value="18"/>
<interp inst="def1-179-18900203" type="surname" value="GODDARD"/>
<interp inst="def1-179-18900203" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE GOD
<lb/>DARD</hi> </persName> </p>
<xptr type="pageFacsimile" doc="189002030005"/>
<p>(18), to
<rs id="t18900203-179-offence-1" type="offenceDescription">
<interp inst="t18900203-179-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18900203-179-offence-1" type="offenceSubcategory" value="mail"/>three indictments for stealing, while employed in the Post-office, post letters and parcels, the property of
<persName id="t18900203-name-28" type="victimName">
<interp inst="t18900203-name-28" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18900203-179-offence-1 t18900203-name-28"/>H. M. Postmaster General</persName>.</rs>
<hi rend="italic">
<rs id="t18900203-179-punishment-3" type="punishmentDescription">
<interp inst="t18900203-179-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t18900203-179-punishment-3" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-179-18900203 t18900203-179-punishment-3"/>Twelve Months' Hard Labour.</rs> </hi>
<rs id="t18900203-179-verdict-1" type="verdictDescription">
<interp inst="t18900203-179-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18900203-179-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Tuesday, February</hi> 4
<hi rend="italic">th</hi>, 1890.</p>
<p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18900203-180">
<interp inst="t18900203-180" type="uri" value="sessionsPapers/18900203"/>
<interp inst="t18900203-180" type="date" value="18900203"/>
<join result="criminalCharge" id="t18900203-180-charge-1" targOrder="Y" targets="def1-180-18900203 t18900203-180-offence-1 t18900203-180-verdict-1"/>
<p>180.
<persName id="def1-180-18900203" type="defendantName">
<interp inst="def1-180-18900203" type="gender" value="male"/>
<interp inst="def1-180-18900203" type="age" value="61"/>
<interp inst="def1-180-18900203" type="surname" value="WILLIAMS"/>
<interp inst="def1-180-18900203" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE WILLIAMS</hi> (61)</persName>
<hi rend="smallCaps">
<rs id="t18900203-180-verdict-1" type="verdictDescription">
<interp inst="t18900203-180-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18900203-180-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to
<rs id="t18900203-180-offence-1" type="offenceDescription">
<interp inst="t18900203-180-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18900203-180-offence-1" type="offenceSubcategory" value="burglary"/>burglary in the dwelling-house of
<persName id="t18900203-name-30" type="victimName">
<interp inst="t18900203-name-30" type="gender" value="male"/>
<interp inst="t18900203-name-30" type="surname" value="BUCKLE"/>
<interp inst="t18900203-name-30" type="given" value="GEORGE EDWARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18900203-180-offence-1 t18900203-name-30"/>George Edward Buckle</persName>, and stealing an inkstand and other articles. </rs>
<hi rend="italic">
<rs id="t18900203-180-punishment-4" type="punishmentDescription">
<interp inst="t18900203-180-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t18900203-180-punishment-4" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-180-18900203 t18900203-180-punishment-4"/>Ten Months' Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18900203-181">
<interp inst="t18900203-181" type="uri" value="sessionsPapers/18900203"/>
<interp inst="t18900203-181" type="date" value="18900203"/>
<join result="criminalCharge" id="t18900203-181-charge-1" targOrder="Y" targets="def1-181-18900203 t18900203-181-offence-1 t18900203-181-verdict-1"/>
<p>181.
<persName id="def1-181-18900203" type="defendantName">
<interp inst="def1-181-18900203" type="gender" value="female"/>
<interp inst="def1-181-18900203" type="age" value="49"/>
<interp inst="def1-181-18900203" type="surname" value="LEONARD"/>
<interp inst="def1-181-18900203" type="given" value="ELLEN"/>
<hi rend="largeCaps">ELLEN LEONARD</hi>** (49)</persName>
<rs id="t18900203-181-offence-1" type="offenceDescription">
<interp inst="t18900203-181-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18900203-181-offence-1" type="offenceSubcategory" value="housebreaking"/>, to breaking and entering the dwelling-house of
<persName id="t18900203-name-32" type="victimName">
<interp inst="t18900203-name-32" type="gender" value="male"/>
<interp inst="t18900203-name-32" type="surname" value="VESSE"/>
<interp inst="t18900203-name-32" type="given" value="EUGENE"/>
<join result="offenceVictim" targOrder="Y" targets="t18900203-181-offence-1 t18900203-name-32"/>Eugene Vesse</persName>, and stealing four sets of studs, after a conviction at Liverpool in December, 1877.</rs>
<hi rend="italic">
<rs id="t18900203-181-punishment-5" type="punishmentDescription">
<interp inst="t18900203-181-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t18900203-181-punishment-5" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-181-18900203 t18900203-181-punishment-5"/>Ten Months' Hard Labour.</rs> </hi>
<rs id="t18900203-181-verdict-1" type="verdictDescription">
<interp inst="t18900203-181-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18900203-181-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> And</p> </div1>
<div1 type="trialAccount" id="t18900203-182">
<interp inst="t18900203-182" type="uri" value="sessionsPapers/18900203"/>
<interp inst="t18900203-182" type="date" value="18900203"/>
<join result="criminalCharge" id="t18900203-182-charge-1" targOrder="Y" targets="def1-182-18900203 t18900203-182-offence-1 t18900203-182-verdict-1"/>
<p>182.
<persName id="def1-182-18900203" type="defendantName">
<interp inst="def1-182-18900203" type="gender" value="male"/>
<interp inst="def1-182-18900203" type="age" value="23"/>
<interp inst="def1-182-18900203" type="surname" value="CUNNINGHAM"/>
<interp inst="def1-182-18900203" type="given" value="FRANK"/>
<hi rend="largeCaps">FRANK CUNNINGHAM</hi> (23)</persName>
<rs id="t18900203-182-offence-1" type="offenceDescription">
<interp inst="t18900203-182-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18900203-182-offence-1" type="offenceSubcategory" value="burglary"/>. to burglary in the dwelling-house of
<persName id="t18900203-name-34" type="victimName">
<interp inst="t18900203-name-34" type="gender" value="male"/>
<interp inst="t18900203-name-34" type="surname" value="PERRSE"/>
<interp inst="t18900203-name-34" type="given" value="WILLIAM NORTON"/>
<join result="offenceVictim" targOrder="Y" targets="t18900203-182-offence-1 t18900203-name-34"/>William Norton Perrse</persName>, and stealing three coats and an umbrella.—</rs>
<hi rend="italic">
<rs id="t18900203-182-punishment-6" type="punishmentDescription">
<interp inst="t18900203-182-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t18900203-182-punishment-6" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-182-18900203 t18900203-182-punishment-6"/>Six Months' Hard Labour.</rs> </hi>
<rs id="t18900203-182-verdict-1" type="verdictDescription">
<interp inst="t18900203-182-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18900203-182-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18900203-183">
<interp inst="t18900203-183" type="uri" value="sessionsPapers/18900203"/>
<interp inst="t18900203-183" type="date" value="18900203"/>
<join result="criminalCharge" id="t18900203-183-charge-1" targOrder="Y" targets="def1-183-18900203 t18900203-183-offence-1 t18900203-183-verdict-1"/>
<p>183.
<persName id="def1-183-18900203" type="defendantName">
<interp inst="def1-183-18900203" type="gender" value="male"/>
<interp inst="def1-183-18900203" type="age" value="26"/>
<interp inst="def1-183-18900203" type="surname" value="BUTTERS"/>
<interp inst="def1-183-18900203" type="given" value="JAMES KNIGHT"/>
<hi rend="largeCaps">JAMES KNIGHT BUTTERS</hi> (26)</persName>
<rs id="t18900203-183-offence-1" type="offenceDescription">
<interp inst="t18900203-183-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18900203-183-offence-1" type="offenceSubcategory" value="rape"/>, Unlawfully carnally knowing
<persName id="t18900203-name-36" type="victimName">
<interp inst="t18900203-name-36" type="gender" value="female"/>
<interp inst="t18900203-name-36" type="age" value="13"/>
<interp inst="t18900203-name-36" type="surname" value="AMIS"/>
<interp inst="t18900203-name-36" type="given" value="EDITH"/>
<join result="offenceVictim" targOrder="Y" targets="t18900203-183-offence-1 t18900203-name-36"/>Edith Amis</persName>, aged 13 years and 10 months.</rs> </p>
<p>
<hi rend="smallCaps">MR. RUSSELL</hi>
<hi rend="italic">Prosecuted, and</hi>
<hi rend="smallCaps">MR. GEOGHEGAN</hi>
<hi rend="italic">Defended.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18900203-183-verdict-1" type="verdictDescription">
<interp inst="t18900203-183-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18900203-183-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday, February</hi> 5
<hi rend="italic">th</hi>, 1890.</p>
<p>
<hi rend="italic">Before Mr. Justice Day.</hi> </p>
<div1 type="trialAccount" id="t18900203-184">
<interp inst="t18900203-184" type="uri" value="sessionsPapers/18900203"/>
<interp inst="t18900203-184" type="date" value="18900203"/>
<join result="criminalCharge" id="t18900203-184-charge-1" targOrder="Y" targets="def1-184-18900203 t18900203-184-offence-1 t18900203-184-verdict-1"/>
<join result="criminalCharge" id="t18900203-184-charge-2" targOrder="Y" targets="def2-184-18900203 t18900203-184-offence-1 t18900203-184-verdict-1"/>
<p>184.
<persName id="def1-184-18900203" type="defendantName">
<interp inst="def1-184-18900203" type="gender" value="male"/>
<interp inst="def1-184-18900203" type="age" value="88"/>
<interp inst="def1-184-18900203" type="surname" value="PEARSON"/>
<interp inst="def1-184-18900203" type="given" value="HENRY EDWARD"/>
<hi rend="largeCaps">HENRY EDWARD PEARSON</hi> (88)</persName> and
<persName id="def2-184-18900203" type="defendantName">
<interp inst="def2-184-18900203" type="gender" value="female"/>
<interp inst="def2-184-18900203" type="age" value="33"/>
<interp inst="def2-184-18900203" type="surname" value="PEARSON"/>
<interp inst="def2-184-18900203" type="given" value="ELIZABETH"/>
<hi rend="largeCaps">ELIZABETH PEAR
<lb/>SON</hi> (33)</persName>
<rs id="t18900203-184-offence-1" type="offenceDescription">
<interp inst="t18900203-184-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18900203-184-offence-1" type="offenceSubcategory" value="manslaughter"/> were charged on the Coroner's inquisition with the manslaughter of
<persName id="t18900203-name-39" type="victimName">
<interp inst="t18900203-name-39" type="gender" value="male"/>
<interp inst="t18900203-name-39" type="surname" value="PEARSON"/>
<interp inst="t18900203-name-39" type="given" value="THOMAS EDWARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18900203-184-offence-1 t18900203-name-39"/>Thomas Edward Pearson</persName>.</rs> </p>
<p>
<hi rend="smallCaps">MR. HORACE AVORY</hi>,
<hi rend="italic">for the Prosecution, offered no evidence on the inquisition, there having been no committal by the Magistrate, or any bill found by the Grand Jury</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18900203-184-verdict-1" type="verdictDescription">
<interp inst="t18900203-184-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18900203-184-verdict-1" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18900203-185">
<interp inst="t18900203-185" type="uri" value="sessionsPapers/18900203"/>
<interp inst="t18900203-185" type="date" value="18900203"/>
<join result="criminalCharge" id="t18900203-185-charge-1" targOrder="Y" targets="def1-185-18900203 t18900203-185-offence-1 t18900203-185-verdict-1"/>
<p>185.
<persName id="def1-185-18900203" type="defendantName">
<interp inst="def1-185-18900203" type="gender" value="female"/>
<interp inst="def1-185-18900203" type="age" value="49"/>
<interp inst="def1-185-18900203" type="surname" value="CALENDER"/>
<interp inst="def1-185-18900203" type="given" value="SARAH HANNAH"/>
<hi rend="largeCaps">SARAH HANNAH CALENDER</hi> (49)</persName> was indicted
<rs id="t18900203-185-offence-1" type="offenceDescription">
<interp inst="t18900203-185-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18900203-185-offence-1" type="offenceSubcategory" value="murder"/> for, and charged on the Coroner's inquisition with, the wilful murder of
<persName id="t18900203-name-41" type="victimName">
<interp inst="t18900203-name-41" type="gender" value="female"/>
<interp inst="t18900203-name-41" type="surname" value="BANTON"/>
<interp inst="t18900203-name-41" type="given" value="FLORENCE ADA"/>
<join result="offenceVictim" targOrder="Y" targets="t18900203-185-offence-1 t18900203-name-41"/>Florence Ada Banton</persName>.</rs> </p>
<p>
<hi rend="smallCaps">MR. HORACE AVORY</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. ELDRIDGE</hi>
<hi rend="italic">Prosecuted;</hi>
<hi rend="smallCaps">MR. GEOGHEGAN</hi>
<hi rend="italic">Defended, at the request of the Court.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-42" type="witnessName">
<interp inst="t18900203-name-42" type="gender" value="male"/>
<interp inst="t18900203-name-42" type="surname" value="BANTON"/>
<interp inst="t18900203-name-42" type="given" value="EDWARD ARTHUR"/>EDWARD ARTHUR BANTON</persName> </hi>. I am a horse-keeper, and live at 28, little Marylebone Street—on the night of 13th January I and my wife left home about half-past six and went to Drury Lane Theatre, leaving the prisoner, who is my wife's aunt, in charge of the house and the children—we returned at half-past twelve; the prisoner was not there then—we found the place had been on fire; four of the children were there, but not the baby, Florence Ada—I saw her dead body next day at the mortuary.</p>
<p>
<hi rend="italic">Cross-examined.</hi> The prisoner had been staying in the house about ten months—during that time she had sometimes taken care of the children—she always appeared very kind to them—we always had the greatest confidence in her concerning them—I never saw anything wrong about her—I was from home all day—she did not lodge with us—she had a room of her own.</p>
<xptr type="pageFacsimile" doc="189002030006"/>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-43" type="witnessName">
<interp inst="t18900203-name-43" type="gender" value="female"/>
<interp inst="t18900203-name-43" type="surname" value="BANTON"/>
<interp inst="t18900203-name-43" type="given" value="JANE HANNAH"/>JANE HANNAH BANTON</persName> </hi>. I am nine years old—the last witness is my father—I and my four sisters lived with him—the prisoner is my aunt—on the night of the fire my mother and father went out—the prisoner remained in the house with us—I went to bed at half-past nine—before I went to bed she asked me to get down the Bible; she wanted to write a text upon which she had hoard a sermon—I gave it to her, and then went to bed—I am the eldest of the children; I saw them all in bed—I and my sister Rose slept together in the living-room, the baby and Louisa slept in the bedroom, and Annie slept in another bed in the same room—I did not see Florence put to bed—I did not shut the door before going to bed—the prisoner was sitting down writing the text in the living-room—there was a handle on the door of the living-room, with one knob off; the knob was on the door inside when I went to bed—I went to sleep—I afterwards heard the landlord knocking at the door—the prisoner went and opened it, and I heard her speaking to him—she came back to the room, and I went to sleep again—I was awoke by the smoke—I got up, and found the room full of smoke—I heard the plates falling in the cupboard, which opens out of the living-room—I got up, and went to the cupboard door—I could not open it; it was burning hot—I then went to the door to get out—I found that the handle was gone, and the door was fastened—I screamed to my sister Louisa, and she came and tried to open the door, and she went up and knocked at the door of Mr. Morment, the lodger, and he came and broke open the door of the living-room, and then I and Rose went out—I saw my other two sisters outside, and we all went upstairs to the lodger's room—I did not see anything of the baby—I did not see or hear anything of the prisoner after the landlord had called.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-44" type="witnessName">
<interp inst="t18900203-name-44" type="gender" value="female"/>
<interp inst="t18900203-name-44" type="surname" value="BANTON"/>
<interp inst="t18900203-name-44" type="given" value="LOUISA"/>LOUISA BANTON</persName> </hi>. I am eight years old—on the night of the fire I went to bed with the baby in the bedroom; my sitter Jane slept in the same room—I was awoke by her halloaing out to me—I went to the door of the living-room—I could not got in; the handle was off the door—I went and fetched Mr. Morment, and he burst the door in—when I awoke the baby was not in bed with me; she had gone—I do not know who took her away.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-45" type="witnessName">
<interp inst="t18900203-name-45" type="gender" value="male"/>
<interp inst="t18900203-name-45" type="surname" value="MORMENT"/>
<interp inst="t18900203-name-45" type="given" value="SAMUEL"/>SAMUEL MORMENT</persName> </hi>. I lodged at 23, Little Marylebone Street—on the night of the 13th January I was called up about half-past eleven by Louisa Banton—I went to the door and found the room on fire; I forced it open with difficulty; there was no handle on it—I found the two children inside, the place was full of dense smoke—having got the two children out, I went to the bedroom and searched it, but could not find the baby—another lodger and the police came and searched; one policeman was overcome by the smoke; another policeman came and afterwards found the body of the child—I afterwards found the handle of the door on the table outside the living room door, it had a knob to it.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-46" type="witnessName">
<interp inst="t18900203-name-46" type="gender" value="male"/>
<interp inst="t18900203-name-46" type="surname" value="LEE"/>
<interp inst="t18900203-name-46" type="given" value="HERBERT"/>HERBERT LEE</persName> </hi> (
<hi rend="italic">Policeman D</hi> 172). On the night of the 13th January I was called to 23, Little Marylebone Street—I found the place on fire—I attempted to enter the living room; I could not at first, because of the smoke being so dense—I did ultimately enter the room, and endeavoured to find the child, who I heard was in the room—I did not find it at first; I became insensible through the density of the smoke, and went back, and after recovering, hearing that the child was still in the room, I rushed in again and then found the child on the floor; I at once picked it up and</p>
<xptr type="pageFacsimile" doc="189002030007"/>
<p>took it to Dr. Mackenzie in Welbeck Street—its clothes were all saturated with blood, and on one side of the head was a clot of blood—I found this knife on the floor by the side of the child.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-47" type="witnessName">
<interp inst="t18900203-name-47" type="gender" value="male"/>
<interp inst="t18900203-name-47" type="surname" value="DOUGHTY"/>
<interp inst="t18900203-name-47" type="given" value="JOHN"/>JOHN DOUGHTY</persName> </hi> (
<hi rend="italic">Police Inspector D</hi>). I made these plans—I was called to the house about twelve on this night, and examined the place—the cupboard was all burnt out, and the partition separating it from the bedroom, and some of the furniture in the bedroom—in consequence of information, I afterwards went to 12, Paul Street, Lisson Grove, and knocked at the door of the back room first floor—I got no answer; I could hear someone snoring inside; I pushed the door open and found the prisoner on the bed, dressed except her bonnet, skirt, and boots—she awoke on my entering the room—I said, "Is your name Calender?"—she said, "Yes"—I said, "What time did you leave Little Marylebone Street?"—she said, "I don't know"—I said, "There is something wrong with the children there. I shall take you into custody on suspicion of causing the death of one of them, and for wilfully setting fire to the house"—she made no reply—she took from her breast a packet of letters, which she handed to me, also a small canvas bag containing a number of other letters—she never spoke, she simply handed them to me—I have looked at the letters, they are addressed, to different people—one of them is addressed to a Police-court that does not exist, and that was returned through the Dead Letter Office three days before this occurrence; the other letters were never posted—there was a stain on the back of the prisoner's hand and between the quicks of the nails, which I thought was blood—I took her to the police station—on the way she said, "God help you; if you had done as I have done you would have been doing some good"—at the station I sent for Dr. Mackenzie to see heir—she was charged with the murder of this child—she made no remark.</p>
<p>
<hi rend="italic">Cross-examined.</hi> A great number of these letters are addressed to various Magistrates in London, Mr. Vaughan, Mr. Bridge, and one to Mrs. Gladstone—the one addressed to an unknown Police-court states that she had been under monstrous treatment for seven years, and that people had been trying to poison and murder her—all the letters are written in that strain, about persons following her by electricity, and seeing children running about with their throats out—I have made inquiry as to her antecedents, and have her sister and Mr. Amor here, who have known her almost from infancy.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-48" type="witnessName">
<interp inst="t18900203-name-48" type="gender" value="male"/>
<interp inst="t18900203-name-48" type="surname" value="MACKENZIE"/>
<interp inst="t18900203-name-48" type="given" value="JOHN INGLEBY"/>JOHN INGLEBY MACKENZIE</persName> </hi>. I am a surgeon and a B. M.—the body of this child was brought to my house on the night of 13th, it was then dead—the head, neck, and shoulders were covered with blood—I made a
<hi rend="italic">post-mortem</hi> examination—I then found a semi-circular wound over the left collar bone, cutting deeply through all the tissues and reaching to the vertebrae—such a knife as this, if used with great violence, might have caused the wound; that was the cause of death—I afterwards saw the prisoner at the station—my attention was called to her hands; I found a splash of what appeared to be blood on the left hand; I examined it with a magnifying glass, and also in the quicks of the nails—it appeared as if the hands had been insufficiently washed.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-49" type="witnessName">
<interp inst="t18900203-name-49" type="gender" value="male"/>
<interp inst="t18900203-name-49" type="surname" value="OLIVER"/>
<interp inst="t18900203-name-49" type="given" value="THOMAS"/>THOMAS OLIVER</persName> </hi> (
<hi rend="italic">Policeman D</hi> 188). On the night of 13th January, a few minutes before eleven, I was on duty in Little Marylebone Street, and saw the prisoner leave the house, 23; she shut the door after her, looked straight across the road, then to the right where I was standing, and</p>
<xptr type="pageFacsimile" doc="189002030008"/>
<p>then went in the direction of Weymouth Street—I did not see her again that night—I was subsequently called to the house, and found it on fire.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-50" type="witnessName">
<interp inst="t18900203-name-50" type="gender" value="male"/>
<interp inst="t18900203-name-50" type="surname" value="HUTCHINGS"/>
<interp inst="t18900203-name-50" type="given" value="JOHN"/>JOHN HUTCHINGS</persName> </hi>. I called at the house for the landlord on the night of 13th January, as near ten as possible.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-51" type="witnessName">
<interp inst="t18900203-name-51" type="gender" value="male"/>
<interp inst="t18900203-name-51" type="surname" value="CALENDER"/>
<interp inst="t18900203-name-51" type="given" value="JAMES"/>JAMES CALENDER</persName> </hi>. I am a son of the prisoner; I know her handwriting; these letters are her writing.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I am twenty-three years of age—I have lived with my mother some years—I remember her being taken to Han well in 1884, she was there about three months—before that she was in service as cook in Blandford Square—she was minding the house, and I was staying with her—she was in the habit of going out to cook for dinner parties—some time after that, and up to the present time, I heard her talking about electricity and people trying to kill her with electric wires; she was very vague on the point; she said you could shine on doors by electricity, and the doors would open—she accused her master of drugging her, and was possessed with the idea that people wanted to do her harm—she showed me a letter which stated that for seven years she had been under most monstrous treatment, and that people were trying to poison her; that was her main idea while I was living with her—I am a french polisher by trade.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-52" type="witnessName">
<interp inst="t18900203-name-52" type="gender" value="male"/>
<interp inst="t18900203-name-52" type="surname" value="GILBERT"/>
<interp inst="t18900203-name-52" type="given" value="PHILIP FRANCIS"/>PHILIP FRANCIS GILBERT</persName> </hi>. I have had the prisoner under observation while she has been in Holloway Prison—I nave frequently conversed with her—in my opinion she is insane, and has been for many years.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I am prepared to give the reasons for that belief—I have spoken to her about this alleged murder, and the fire—she has told me that she knew nothing whatever about it—she said she had heard voices, which she could not explain, and that people, and a man named Emile, had tried to murder her; that people went about with electricity, and that certain rooms smelt of death—I should say she had been insane since 1884—I have received a letter from her since I have been here in Court; quite an incoherent one.</p>
<p>
<hi rend="italic">Re-examined.</hi> I have heard the evidence—I believe that she was mad at the time she committed this act, and not responsible.</p>
<p>
<rs id="t18900203-185-verdict-1" type="verdictDescription">
<interp inst="t18900203-185-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18900203-185-verdict-1" type="verdictSubcategory" value="insane"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">of the act, being insane.</hi> </rs>
<hi rend="italic">
<rs id="t18900203-185-punishment-7" type="punishmentDescription">
<interp inst="t18900203-185-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t18900203-185-punishment-7" type="punishmentSubcategory" value="insanity"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-185-18900203 t18900203-185-punishment-7"/> Ordered to be detained until Her Majesty's pleasure be known</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18900203-186">
<interp inst="t18900203-186" type="uri" value="sessionsPapers/18900203"/>
<interp inst="t18900203-186" type="date" value="18900203"/>
<join result="criminalCharge" id="t18900203-186-charge-1" targOrder="Y" targets="def1-186-18900203 t18900203-186-offence-1 t18900203-186-verdict-1"/>
<join result="criminalCharge" id="t18900203-186-charge-2" targOrder="Y" targets="def1-186-18900203 t18900203-186-offence-2 t18900203-186-verdict-2"/>
<p>186.
<persName id="def1-186-18900203" type="defendantName">
<interp inst="def1-186-18900203" type="gender" value="female"/>
<interp inst="def1-186-18900203" type="age" value="18"/>
<interp inst="def1-186-18900203" type="surname" value="DUNCAN"/>
<interp inst="def1-186-18900203" type="given" value="ISABELLA"/>
<hi rend="largeCaps">ISABELLA DUNCAN</hi> (18)</persName>
<rs id="t18900203-186-offence-1" type="offenceDescription">
<interp inst="t18900203-186-offence-1" type="offenceCategory" value="miscellaneous"/>
<interp inst="t18900203-186-offence-1" type="offenceSubcategory" value="concealingABirth"/>, Unlawfully endeavouring to conceal the birth of her child.</rs> </p>
<p>
<hi rend="smallCaps">MR. HORACE AVORY</hi>
<hi rend="italic">Prosecuted, and</hi>
<hi rend="smallCaps">MR. PAUL TAYLOR</hi>
<hi rend="italic">Defended.</hi> </p>
<p>
<rs id="t18900203-186-verdict-1" type="verdictDescription">
<interp inst="t18900203-186-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18900203-186-verdict-1" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="smallCaps">GUILTY</hi>.
<hi rend="italic">Recommended to mercy by the Jury on account of her youth.</hi> </rs>
<hi rend="italic">
<rs id="t18900203-186-punishment-8" type="punishmentDescription">
<interp inst="t18900203-186-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t18900203-186-punishment-8" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-186-18900203 t18900203-186-punishment-8"/>Eighteen Months' Imprisonment.</rs> </hi> </p>
<p>
<hi rend="italic">
<rs id="t18900203-186-offence-2" type="offenceDescription">
<interp inst="t18900203-186-offence-2" type="offenceCategory" value="kill"/>
<interp inst="t18900203-186-offence-2" type="offenceSubcategory" value="murder"/>She was further charged on the Coroner's Inquisition with the murder of the said child</rs>, upon which, no evidence being offered, she was found</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18900203-186-verdict-2" type="verdictDescription">
<interp inst="t18900203-186-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18900203-186-verdict-2" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18900203-187">
<interp inst="t18900203-187" type="uri" value="sessionsPapers/18900203"/>
<interp inst="t18900203-187" type="date" value="18900203"/>
<join result="criminalCharge" id="t18900203-187-charge-1" targOrder="Y" targets="def1-187-18900203 t18900203-187-offence-1 t18900203-187-verdict-1"/>
<p>187.
<persName id="def1-187-18900203" type="defendantName">
<interp inst="def1-187-18900203" type="gender" value="male"/>
<interp inst="def1-187-18900203" type="surname" value="DIXON"/>
<interp inst="def1-187-18900203" type="given" value="ROBERT"/>
<hi rend="largeCaps">ROBERT DIXON</hi> </persName> was indicted
<rs id="t18900203-187-offence-1" type="offenceDescription">
<interp inst="t18900203-187-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18900203-187-offence-1" type="offenceSubcategory" value="manslaughter"/> for, and charged on the Coroner's Inquisition with, the manslaughter of
<persName id="t18900203-name-55" type="victimName">
<interp inst="t18900203-name-55" type="gender" value="male"/>
<interp inst="t18900203-name-55" type="surname" value="SEAGO"/>
<interp inst="t18900203-name-55" type="given" value="RICHARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18900203-187-offence-1 t18900203-name-55"/>Richard Seago</persName>.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-56" type="witnessName">
<interp inst="t18900203-name-56" type="gender" value="male"/>
<interp inst="t18900203-name-56" type="surname" value="FRITH"/>
<interp inst="t18900203-name-56" type="given" value="KEITH"/>MR. KEITH FRITH</persName> </hi>
<hi rend="italic">Prosecuted, and</hi>
<hi rend="smallCaps">MR. GBOGHEGAN</hi>
<hi rend="italic">Defended.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-57" type="witnessName">
<interp inst="t18900203-name-57" type="gender" value="female"/>
<interp inst="t18900203-name-57" type="surname" value="SEAGO"/>
<interp inst="t18900203-name-57" type="given" value="ELIZABETH"/>ELIZABETH SEAGO</persName> </hi>. I am the widow of Richard Seago, a labourer, and live at 30, Mendora Road, Fulham—the prisoner is my son-in-law—on Saturday afternoon, 4th January, about four, he knocked at the door; my husband opened it; he asked for me, and I went to the door—he said, "Will you pay me the half-crown you owe me?"—I said, "Not till you</p>
<xptr type="pageFacsimile" doc="189002030009"/>
<p>have paid me for the door you have broken"—he was going to strike me, and my husband defended me, and received the blow, and fell; he became insensible, and was removed to the West London Hospital, and died on the 6th.</p>
<p>
<hi rend="italic">Cross-examined.</hi> My husband was not struck when he was on the ground—I said before the Coroner that I did not think the prisoner did this intentionally—he and his wife had lived in the same house with us; his wife left a week before him; we owed him half a crown for rent—he got up a subscription for my husband when he was not well, and got him employment at a guinea a week—I cannot tell he struck my husband one blow or more; I was too excited to notice—he struck me afterwards—he did not say, "I don't want any quarrel"—my husband did not push him—he was fifty-one years of age; he was dreadfully weak on his legs; he had a great sickness before this; it would not take much violence to knock him over.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-58" type="witnessName">
<interp inst="t18900203-name-58" type="gender" value="female"/>
<interp inst="t18900203-name-58" type="surname" value="REWTER"/>
<interp inst="t18900203-name-58" type="given" value="SARAH"/>SARAH REWTER</persName> </hi>. I live at 30, Mendora Road—I was in the kitchen; I heard a struggle in the passage, and went to the top of the stairs—I saw the prisoner strike the deceased in the face, and he fell to the ground—he was groaning from that time till Sunday morning, when he was taken to the hospital—after he fell the prisoner struck Mrs. Seago, and I said, "Oh, you brute, don't strike old people like that; you ought to know better"—I could not say how many blows were struck.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-59" type="witnessName">
<interp inst="t18900203-name-59" type="gender" value="male"/>
<interp inst="t18900203-name-59" type="surname" value="PATTESON"/>
<interp inst="t18900203-name-59" type="given" value="EDMUND SEATON"/>EDMUND SEATON PATTESON</persName> </hi>. I am divisional surgeon of police—about two in the afternoon of Sunday, 5th January, I was called, to see the deceased—he was lying on a bed in a semi-conscious condition—from what was said, I examined his head—there was tenderness at the back of the head, but no external mark of violence—he was suffering from concussion of the brain—he complained of tenderness in his side, near the heart—I ordered his removal to the hospital.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-60" type="witnessName">
<interp inst="t18900203-name-60" type="gender" value="male"/>
<interp inst="t18900203-name-60" type="surname" value="MCCANN"/>
<interp inst="t18900203-name-60" type="given" value="FREDERICK JOHN"/>FREDERICK JOHN MCCANN</persName> </hi>. I am house surgeon at the West London Hospital—on 5th January, at half-past five, I saw the deceased there—he was semi-conscious—he could be roused to answer questions—there was bleeding from the mouth and ears—he said, "Oh! my head"—there was swelling at the back of the head, and pain on pressure—I made a
<hi rend="italic">post-mortem</hi>—he died from extensive hemorrhage into the interior of the brain—the vessels were very much diseased—a fall would accelerate that disease, and be more likely to be fatal—the disease itself would not account for death.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-61" type="witnessName">
<interp inst="t18900203-name-61" type="gender" value="male"/>
<interp inst="t18900203-name-61" type="surname" value="RUTLEY"/>
<interp inst="t18900203-name-61" type="given" value="GEORGE"/>GEORGE RUTLEY</persName> </hi> (
<hi rend="italic">Police Inspector T</hi>). I arrested the prisoner—I told him I should take him into custody for assaulting his father-in-law—he said nothing—when afterwards charged with the more serious offence, he said, "I did not strike him; I pushed him, and he fell."</p>
<p>
<hi rend="italic">Cross-examined.</hi> I believe he said that when I first charged him, and afterwards, when charged with the manslaughter, he made no reply.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-62" type="witnessName">
<interp inst="t18900203-name-62" type="gender" value="male"/>
<interp inst="t18900203-name-62" type="surname" value="DUFFY"/>
<interp inst="t18900203-name-62" type="given" value="JOHN"/>JOHN DUFFY</persName> </hi> (
<hi rend="italic">Examined by</hi>
<hi rend="smallCaps">MR. GBOGHEGAN</hi>). I am a labourer—I knew the deceased—I know that the prisoner obtained a situation for him at a guinea a week—on the day this occurred I saw them together—they appeared friendly then, and all the time I knew them—I have known the prisoner fifteen months—he always appeared to be a peaceable man, in no way quarrelsome.</p>
<p>
<hi rend="italic">Another witness deposed to the prisoners good character, as a quiet, peaceable man.</hi> </p>
<xptr type="pageFacsimile" doc="189002030010"/>
<p>
<hi rend="smallCaps">
<rs id="t18900203-187-verdict-1" type="verdictDescription">
<interp inst="t18900203-187-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18900203-187-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18900203-187-punishment-9" type="punishmentDescription">
<interp inst="t18900203-187-punishment-9" type="punishmentCategory" value="miscPunish"/>
<interp inst="t18900203-187-punishment-9" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-187-18900203 t18900203-187-punishment-9"/>To enter into recognizances, and find sureties to appear for Judgment if called upon.</rs> </hi> </p> </div1>
<p>
<hi rend="largeCaps">THIRD COURT</hi>.—
<hi rend="italic">Wednesday and Thursday, February</hi> 5
<hi rend="italic">th</hi> and 6
<hi rend="italic">th</hi>, 1890.</p>
<p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18900203-188">
<interp inst="t18900203-188" type="uri" value="sessionsPapers/18900203"/>
<interp inst="t18900203-188" type="date" value="18900203"/>
<join result="criminalCharge" id="t18900203-188-charge-1" targOrder="Y" targets="def1-188-18900203 t18900203-188-offence-1 t18900203-188-verdict-1"/>
<join result="criminalCharge" id="t18900203-188-charge-2" targOrder="Y" targets="def2-188-18900203 t18900203-188-offence-1 t18900203-188-verdict-1"/>
<p>188.
<persName id="def1-188-18900203" type="defendantName">
<interp inst="def1-188-18900203" type="gender" value="female"/>
<interp inst="def1-188-18900203" type="age" value="25"/>
<interp inst="def1-188-18900203" type="surname" value="LEWIS"/>
<interp inst="def1-188-18900203" type="given" value="ANNIE"/>
<hi rend="largeCaps">ANNIE LEWIS</hi> (25)</persName> and
<persName id="def2-188-18900203" type="defendantName">
<interp inst="def2-188-18900203" type="gender" value="female"/>
<interp inst="def2-188-18900203" type="age" value="25"/>
<interp inst="def2-188-18900203" type="surname" value="DAVENPORT"/>
<interp inst="def2-188-18900203" type="given" value="AMELIA"/>
<hi rend="largeCaps">AMELIA DAVENPORT</hi> (25)</persName>
<rs id="t18900203-188-offence-1" type="offenceDescription">
<interp inst="t18900203-188-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18900203-188-offence-1" type="offenceSubcategory" value="pocketpicking"/>, Stealing a watch from the person of
<persName id="t18900203-name-65" type="victimName">
<interp inst="t18900203-name-65" type="gender" value="male"/>
<interp inst="t18900203-name-65" type="surname" value="JOHNS"/>
<interp inst="t18900203-name-65" type="given" value="RICHARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18900203-188-offence-1 t18900203-name-65"/>Richard Johns</persName>;
<hi rend="italic">Second Count,</hi> Receiving the same.</rs> </p>
<p>
<hi rend="smallCaps">MR. LYNE</hi>
<hi rend="italic">Prosecuted, and</hi>
<hi rend="smallCaps">MR. PURCELL</hi>
<hi rend="italic">Defended Davenport.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-66" type="witnessName">
<interp inst="t18900203-name-66" type="gender" value="male"/>
<interp inst="t18900203-name-66" type="surname" value="SHEPHERD"/>
<interp inst="t18900203-name-66" type="given" value="CLEMENT"/>CLEMENT SHEPHERD</persName> </hi> (
<hi rend="italic">Detective Constable City</hi>). On 17th January I was in plain clothes in Liverpool Street, at 12.30 a. m., when I saw the two prisoners escorting a drunken man, the prosecutor, one holding each of his arms—I noticed the prosecutor wearing his gold chain across his waistcoat; I followed them down Houndsditch a short distance, where they remained some short time; I kept them in sight all the time—all three returned again to Bishopsgate Street Without, the prosecutor a little in advance of the prisoners; the prosecutor had not got his chain on then—they went to Liverpool Street, Sun Street, where they all stayed a few seconds—Lewis left hurriedly, followed by Davenport—I spoke to the prosecutor, and from what he said I stopped the two prisoners together at the corner of Brushfield Street—I said, "Where is the watch you have taken?"—Lewis said, "I have not got it"—Davenport made no reply—I got the assistance of two constables, and the prosecutor and two prisoners were taken into custody, the prosecutor for being drunk and incapable—I handed over Lewis to Constable Linge, and I went a little in advance with the prosecutor and Davenport—I heard Lewis say to Linge, "I have got the watch"—Davenport said nothing when I took her into custody—I charged the prisoners with being concerned together in stealing the watch; they made no reply—this is the watch; the chain was foundinthe prosecutor's pocket.</p>
<p>
<hi rend="italic">Cross-examined by Lewis</hi> You did not tell me you had the watch, or that the gentleman gave it to you—the prosecutor said he did not wish to charge you—he did not know he had lost his watch till I told him.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PURCELL</hi>. Next morning, when sober, he told the Alderman he did not know whether he had given the watch to the girls—I followed him about twenty minutes, because I saw he was drunk and incapable—I had no right to interfere with him—I believe Lewis said to Linge, "I have got the watch"—that was all she said in my hearing; she might have said something else—Davenport did not say the man had given the watch to Lewis, I am sure; she was close to me—she gave her address—when the charge was taken they talked to the inspector—neither of the prisoners said the prosecutor had given them the watch—Lewis said at the station, after the charge was taken, that Davenport had given her the watch, and that Davenport had stolen it—she did not say that in the street in my hearing, to the best of my belief—I believe she said it to Linge going along, but not in my hearing; I only heard she had got the watch then—I found the chain in the prosecutor's pocket—on Lewis I found 28., and on Davenport 2s. 5d.</p>
<p>
<hi rend="italic">Re-examined.</hi> When I arrested Lewis I handed her over to Linge—I did not hear the whole of the conversation between them.</p>
<xptr type="pageFacsimile" doc="189002030011"/>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-67" type="witnessName">
<interp inst="t18900203-name-67" type="gender" value="male"/>
<interp inst="t18900203-name-67" type="surname" value="LINGE"/>
<interp inst="t18900203-name-67" type="given" value="GEORGE"/>GEORGE LINGE</persName> </hi> (
<hi rend="italic">City Policeman</hi> 903). On the night of 17th January, Shepherd arrested Lewis, and handed her over to me—I took her by her two hands a short distance towards the station—she said, "Don't hold me like that, you have the watch there"—I took the watch, which was in her left sleeve—she said in Davenport's hearing, "She took it, and gave it to me," meaning Davenport—Davenport said nothing to me.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PURCELL</hi>. Lewis said nothing when I caught hold of her first of all—I and Lewis were as close behind Shepherd and Davenport as we could walk—we were going to the station before Lewis said anything; it might be a minute or two after I took her, and after I took the watch from her, that she said Davenport gave it to her—several times she said it at the station—I did not tell the Alderman anything about it, I was stopped by the clerk—I was in Court when Shepherd gave evidence—I had not seen the prisoners and prosecutor earlier that evening.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-68" type="witnessName">
<interp inst="t18900203-name-68" type="gender" value="male"/>
<interp inst="t18900203-name-68" type="surname" value="JOHNS"/>
<interp inst="t18900203-name-68" type="given" value="RICHARD"/>RICHARD JOHNS</persName> </hi>. I am a warehouseman, and live at Fernlea Villa, Cleveland Road, Woodford—this is my watch, and is worth about £15—I do not recollect anything of what occurred that night—I did not miss my watch before the constable came up to me.</p>
<p>
<hi rend="italic">Cross-examined by Lewis.</hi> I may have said at the station I did not wish to charge you; I have no recollection of it.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PURCELL</hi>. My chain was not broken in any way—the watch fastens to it by a swivel—I have not the slightest recollection as to whether I met one of the prisoners first—I cannot remember having given one of the girls the watch; I don't think it probable.
<hi rend="italic">Lewis, in her defence, said that Johns gave her the watch.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18900203-188-verdict-1" type="verdictDescription">
<interp inst="t18900203-188-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18900203-188-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18900203-189">
<interp inst="t18900203-189" type="uri" value="sessionsPapers/18900203"/>
<interp inst="t18900203-189" type="date" value="18900203"/>
<join result="criminalCharge" id="t18900203-189-charge-1" targOrder="Y" targets="def1-189-18900203 t18900203-189-offence-1 t18900203-189-verdict-2"/>
<join result="criminalCharge" id="t18900203-189-charge-2" targOrder="Y" targets="def2-189-18900203 t18900203-189-offence-1 t18900203-189-verdict-2"/>
<join result="criminalCharge" id="t18900203-189-charge-3" targOrder="Y" targets="def3-189-18900203 t18900203-189-offence-1 t18900203-189-verdict-1"/>
<p>189.
<persName id="def1-189-18900203" type="defendantName">
<interp inst="def1-189-18900203" type="gender" value="male"/>
<interp inst="def1-189-18900203" type="age" value="20"/>
<interp inst="def1-189-18900203" type="surname" value="MOSS"/>
<interp inst="def1-189-18900203" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES MOSS</hi> (20)</persName>,
<persName id="def2-189-18900203" type="defendantName">
<interp inst="def2-189-18900203" type="gender" value="male"/>
<interp inst="def2-189-18900203" type="age" value="20"/>
<interp inst="def2-189-18900203" type="surname" value="BOOTH"/>
<interp inst="def2-189-18900203" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN BOOTH</hi> (20)</persName>, and
<persName id="def3-189-18900203" type="defendantName">
<interp inst="def3-189-18900203" type="gender" value="male"/>
<interp inst="def3-189-18900203" type="age" value="20"/>
<interp inst="def3-189-18900203" type="surname" value="KITCHEN"/>
<interp inst="def3-189-18900203" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE KITCHEN</hi> (20)</persName>
<rs id="t18900203-189-offence-1" type="offenceDescription">
<interp inst="t18900203-189-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18900203-189-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing four waterproof aprons, the goods of
<persName id="t18900203-name-72" type="victimName">
<interp inst="t18900203-name-72" type="gender" value="male"/>
<interp inst="t18900203-name-72" type="surname" value="BUGDEN"/>
<interp inst="t18900203-name-72" type="given" value="ALFRED"/>
<join result="offenceVictim" targOrder="Y" targets="t18900203-189-offence-1 t18900203-name-72"/>Alfred Bugden</persName>.</rs> </p>
<p>
<hi rend="largeCaps">KITCHEN</hi>
<hi rend="smallCaps">
<rs id="t18900203-189-verdict-1" type="verdictDescription">
<interp inst="t18900203-189-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18900203-189-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.</p>
<p>
<hi rend="smallCaps">MR. HEDDON</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-73" type="witnessName">
<interp inst="t18900203-name-73" type="gender" value="male"/>
<interp inst="t18900203-name-73" type="surname" value="DAVIS"/>
<interp inst="t18900203-name-73" type="given" value="JOHN"/>JOHN DAVIS</persName> </hi> (
<hi rend="italic">Policeman M</hi> 88). On 22nd January I was in plain clothes with Nell, in Long Lane, Bermondsey, about half-past eight—I saw the prisoners enter St. Olave's Chambers, a lodging-house—one of them, I could not say which, had a parcel—I and Nell followed them into the lodging-house, and saw them in the kitchen, without the parcel—the following morning, about ten o'clock, I saw Kitchen and Booth at Blackman Street, Borough—Kitchen had a parcel in his coat pocket—I identified them as two of those that entered the lodging-house the previous night—we stopped them, and I said to Kitchen, "What have you got in the parcel?"—he said, "Something my mother gave me"—I said, "Where does your mother live?"—he said, "In Swan Street"—I said, "What number?"—he said he did not know—Booth was within hearing—Kitchen said, "I stole them"—I took them to the station—immediately after we went to the lodging-house, where I saw Moss with a parcel under his arm—I asked him what he had in the parcel—he said nothing—we found five aprons in the parcel; that made nice aprons altogether—I told him to should take him into custody—before they were charged Booth said, "Here you are, governor," and he undid his waistcoat, and pulled out two-aprons from inside his trousers, and handed</p>
<xptr type="pageFacsimile" doc="189002030012"/>
<p>them to me—they were all charged—Kitchen cried and said, "I stole them in a shop somewhere over London Bridge," the same statement as he had made before—the parcel was wrapped in newspaper.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-74" type="witnessName">
<interp inst="t18900203-name-74" type="gender" value="male"/>
<interp inst="t18900203-name-74" type="surname" value="NELL"/>
<interp inst="t18900203-name-74" type="given" value="FREDERICK"/>FREDERICK NELL</persName> </hi> (
<hi rend="italic">Policeman M</hi> 191). I was with Davis on 22nd January, at half-past eight, and saw the prisoners going into the lodging-house carrying a parcel—we went in, but could not find the parcel—next day I was with Davis, and saw Kitchen and Booth—Kitchen had a small parcel in his left-hand pocket—Davis asked what he had got, taking the parcel from him—he said it was a parcel his mother gave him; he was a sailor lad—we said we were police officers; he commenced to cry, and said he had stolen them—we took them to the station—afterwards we went to the lodging-house, where I saw Moss with something under his arm and under his coat—I said, "What have you got?"—he said, "Nothing, sir"—I took the parcel from him, and found it contained five waterproof aprons—we said we should take him to the station—he said, "All right, governor, I will go with you"—I was present when the three prisoners were charged—I heard no statements made in answer—before the charge was taken Kitchen said he stole the aprons from a shop over London Bridge.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-75" type="witnessName">
<interp inst="t18900203-name-75" type="gender" value="male"/>
<interp inst="t18900203-name-75" type="surname" value="BUGDEN"/>
<interp inst="t18900203-name-75" type="given" value="ALFRED"/>ALFRED BUGDEN</persName> </hi>. I am an indiarubber manufacturer, at 40, King William Street—these waterproofs are mine—I missed them at twenty minutes or a quarter to seven on the evening of 22nd January—they had been hanging on the sash of the glass window outside the shop, they would be outside the shop; there were about a dozen all tied up together like these, I could not tell the exact number—they hung down from a hook with a ticket on them—this string has nothing to do with them—they are worth 1s. 6d. each, 13s. 6d. altogether.</p>
<p>
<hi rend="italic">Cross-examined by Moss.</hi> I did not see either of you round my shop.</p>
<p>
<hi rend="italic">Moss and Booth, in their defence, stated that they received the things from Kitchen, who said he had found them.</hi> </p>
<p>
<hi rend="italic">Moss called</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-76" type="witnessName">
<interp inst="t18900203-name-76" type="gender" value="male"/>
<interp inst="t18900203-name-76" type="surname" value="KITCHEN"/>
<interp inst="t18900203-name-76" type="given" value="GEORGE"/>GEORGE KITCHEN</persName> </hi> (
<hi rend="italic">the Prisoner</hi>). I lived at 9, Arthur Street, Hull, and am a sailor—I brought the bundle to you on that morning, and told you I had found it—the first time I saw you was on the morning of January 23rd, when I gave you the parcel.</p>
<p>
<hi rend="italic">By Booth.</hi> I told you at the same time that I told Moss that I had found the waterproofs—I said I wanted breakfast, and had been out three nights—I had never seen you before that morning—we had slept at the same lodging the night before I had not seen you.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I never saw Moss before the 23rd, at about five minutes past nine in the morning—I stole the waterproofs about twenty minutes to seven on the evening of 22nd—I got to the lodging-house about a quarter-past eight—I took the waterproofs in with me; I was alone at the time—I said at the Police-court I had stolen them; I did not say I was in company with the other two prisoners when I stole them.</p>
<p>
<hi rend="largeCaps">MOSS</hi> and
<hi rend="largeCaps">BOOTH</hi>
<hi rend="smallCaps">
<rs id="t18900203-189-verdict-2" type="verdictDescription">
<interp inst="t18900203-189-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18900203-189-verdict-2" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p>
<p>
<hi rend="largeCaps">KITCHEN</hi>
<hi rend="italic">
<rs id="t18900203-189-punishment-10" type="punishmentDescription">
<interp inst="t18900203-189-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t18900203-189-punishment-10" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-189-18900203 t18900203-189-punishment-10"/>Four Months' Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18900203-190">
<interp inst="t18900203-190" type="uri" value="sessionsPapers/18900203"/>
<interp inst="t18900203-190" type="date" value="18900203"/>
<join result="criminalCharge" id="t18900203-190-charge-1" targOrder="Y" targets="def1-190-18900203 t18900203-190-offence-1 t18900203-190-verdict-1"/>
<p>190.
<persName id="def1-190-18900203" type="defendantName">
<interp inst="def1-190-18900203" type="gender" value="male"/>
<interp inst="def1-190-18900203" type="age" value="22"/>
<interp inst="def1-190-18900203" type="surname" value="DOYLE"/>
<interp inst="def1-190-18900203" type="given" value="BENJAMIN"/>
<hi rend="largeCaps">BENJAMIN DOYLE</hi> (22)</persName>
<rs id="t18900203-190-offence-1" type="offenceDescription">
<interp inst="t18900203-190-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18900203-190-offence-1" type="offenceSubcategory" value="robbery"/>, Robbery, with other persons, with violence, on
<persName id="t18900203-name-78" type="victimName">
<interp inst="t18900203-name-78" type="gender" value="male"/>
<interp inst="t18900203-name-78" type="surname" value="REAOCH"/>
<interp inst="t18900203-name-78" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t18900203-190-offence-1 t18900203-name-78"/>James Reaoch</persName>, and stealing 5s. from him.</rs> </p>
<p>
<hi rend="smallCaps">MR. BOOTH</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-79" type="witnessName">
<interp inst="t18900203-name-79" type="gender" value="male"/>
<interp inst="t18900203-name-79" type="surname" value="REAOCH"/>
<interp inst="t18900203-name-79" type="given" value="JAMES"/>JAMES REAOCH</persName> </hi>, I am a block-cutter, living at 87, Lett Road, Stratford</p>
<xptr type="pageFacsimile" doc="189002030013"/>
<p>—on 27th January, at a quarter to twelve, I was walking in Albert Street, Shadwell—I was sober—the prisoner and two men came up and stopped me—the prisoner asked me if I had got any money on me—I said, "Yes, I have got a little; what do you want it for?"—he made no reply, but struck meinthe chest with his fist, and knocked me down—the other two men with him held me down while he searched me, and this man took 5s. out of my right-hand trousers pocket—the money was not in a purse—then the two men holding me down ran off up Albert Street, and the prisoner ran down Albert Street—I got off the ground and ran after the prisoner—I never lost sight of him; I called out, "Police! stop him!" and a policeman came out of another street and took him to the station—he struck me a very severe blow, which knocked me down—I did not lose my senses—I suffered pain for two days from a bruise on the chest; I am all right now—I did not see a doctor.</p>
<p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> I did not speak to you, you stopped me as I came to you—I never left Albert Street till I went with you.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-80" type="witnessName">
<interp inst="t18900203-name-80" type="gender" value="male"/>
<interp inst="t18900203-name-80" type="surname" value="WAITEMAN"/>
<interp inst="t18900203-name-80" type="given" value="WILLIAM"/>WILLIAM WAITEMAN</persName> </hi> (
<hi rend="italic">Policeman E</hi> 607). On 28th January, about half-past two a. m, I was on duty in Cable Street, opposite Albert Street—I heard the last witness shout out, "Police!"—I ran down Albert Street, and saw the prosecutor, the prisoner, and two other men—when I got fifteen or twenty yards from them they started running away—when I was ten yards off the prosecutor shouted out, "That is the one"—I ran after the prisoner, and caught him at a distance of about 300 yards, when he ran up against a doorway, and I grabbed at him as he fell down—he said, "Oh, you bastard! you would not have caught me if I had not been so full of beer"—I took him back to the prosecutor, who charged him with assault and robbery—the prisoner said nothing—when searched a discharge from a ship, two knives, a handkerchief, and a pawn-ticket were found on him—the prosecutor was sober.</p>
<p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> I did not catch you in Station Place.
<hi rend="italic">By the</hi>
<hi rend="smallCaps">JURY</hi>. There was plenty of light; I could see right down the street, and I never lost sight of the prisoner—he had just started running when I first saw him; the prosecutor was running close behind him, then the prisoner darted across the street, and came towards me and past me, and the prosecutor said, "That is the man," and I seized him.</p>
<p>
<hi rend="italic">The Prisoner, in his defence, said that the prosecutor asked him a question that he did not answer</hi>•,
<hi rend="italic">but he made way on the path for the prosecutor to pass him</hi>;
<hi rend="italic">then he turned and saw a bit of a scuffle, and the police charged him; and he asserted his innocence.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18900203-190-verdict-1" type="verdictDescription">
<interp inst="t18900203-190-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18900203-190-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.
<hi rend="italic">He then</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">to a conviction of felony in August,</hi> 1887.—
<hi rend="italic">
<rs id="t18900203-190-punishment-11" type="punishmentDescription">
<interp inst="t18900203-190-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t18900203-190-punishment-11" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-190-18900203 t18900203-190-punishment-11"/>Fifteen Months' Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18900203-191">
<interp inst="t18900203-191" type="uri" value="sessionsPapers/18900203"/>
<interp inst="t18900203-191" type="date" value="18900203"/>
<join result="criminalCharge" id="t18900203-191-charge-1" targOrder="Y" targets="def1-191-18900203 t18900203-191-offence-1 t18900203-191-verdict-1"/>
<p>191.
<persName id="def1-191-18900203" type="defendantName">
<interp inst="def1-191-18900203" type="gender" value="male"/>
<interp inst="def1-191-18900203" type="age" value="75"/>
<interp inst="def1-191-18900203" type="surname" value="FIELDER"/>
<interp inst="def1-191-18900203" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS FIELDER</hi> (75)</persName>
<rs id="t18900203-191-offence-1" type="offenceDescription">
<interp inst="t18900203-191-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18900203-191-offence-1" type="offenceSubcategory" value="sodomy"/>, Unlawfully committing an act of gross indecency with
<persName id="t18900203-name-82" type="victimName">
<interp inst="t18900203-name-82" type="gender" value="male"/>
<interp inst="t18900203-name-82" type="surname" value="GILDER"/>
<interp inst="t18900203-name-82" type="given" value="ALFRED CHARLES"/>
<join result="offenceVictim" targOrder="Y" targets="t18900203-191-offence-1 t18900203-name-82"/>Alfred Charles Gilder</persName>;
<hi rend="italic">other Counts,</hi> for acts of gross indecency with
<persName id="t18900203-name-83" type="victimName">
<interp inst="t18900203-name-83" type="gender" value="male"/>
<interp inst="t18900203-name-83" type="surname" value="GILDER"/>
<interp inst="t18900203-name-83" type="given" value="ALFRED GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18900203-191-offence-1 t18900203-name-83"/>Alfred George Gilder</persName> and
<persName id="t18900203-name-84" type="victimName">
<interp inst="t18900203-name-84" type="gender" value="male"/>
<interp inst="t18900203-name-84" type="surname" value="FULKER"/>
<interp inst="t18900203-name-84" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18900203-191-offence-1 t18900203-name-84"/>George Fulker</persName>, and for indecent assaults upon the same three persons.</rs> </p>
<p>
<hi rend="smallCaps">MR. LAWLESS</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18900203-191-verdict-1" type="verdictDescription">
<interp inst="t18900203-191-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18900203-191-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18900203-191-punishment-12" type="punishmentDescription">
<interp inst="t18900203-191-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t18900203-191-punishment-12" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-191-18900203 t18900203-191-punishment-12"/>Twelve Months' Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18900203-192">
<interp inst="t18900203-192" type="uri" value="sessionsPapers/18900203"/>
<interp inst="t18900203-192" type="date" value="18900203"/>
<join result="criminalCharge" id="t18900203-192-charge-1" targOrder="Y" targets="def1-192-18900203 t18900203-192-offence-1 t18900203-192-verdict-1"/>
<join result="criminalCharge" id="t18900203-192-charge-2" targOrder="Y" targets="def2-192-18900203 t18900203-192-offence-1 t18900203-192-verdict-1"/>
<p>192.
<persName id="def1-192-18900203" type="defendantName">
<interp inst="def1-192-18900203" type="gender" value="male"/>
<interp inst="def1-192-18900203" type="age" value="25"/>
<interp inst="def1-192-18900203" type="surname" value="MANN"/>
<interp inst="def1-192-18900203" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES MANN</hi> (25)</persName> and
<persName id="def2-192-18900203" type="defendantName">
<interp inst="def2-192-18900203" type="gender" value="male"/>
<interp inst="def2-192-18900203" type="age" value="20"/>
<interp inst="def2-192-18900203" type="surname" value="WILLIAMS"/>
<interp inst="def2-192-18900203" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE WILLIAMS</hi> (20)</persName>
<rs id="t18900203-192-offence-1" type="offenceDescription">
<interp inst="t18900203-192-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18900203-192-offence-1" type="offenceSubcategory" value="robbery"/>, Robbery with violence on
<persName id="t18900203-name-87" type="victimName">
<interp inst="t18900203-name-87" type="gender" value="male"/>
<interp inst="t18900203-name-87" type="surname" value="CREIGHTON"/>
<interp inst="t18900203-name-87" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18900203-192-offence-1 t18900203-name-87"/>William Creighton</persName>, and stealing a watch from his person.</rs> </p>
<xptr type="pageFacsimile" doc="189002030014"/>
<p>
<hi rend="smallCaps">MR. HEDDON</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-88" type="witnessName">
<interp inst="t18900203-name-88" type="gender" value="male"/>
<interp inst="t18900203-name-88" type="surname" value="CREIGHTON"/>
<interp inst="t18900203-name-88" type="given" value="WILLIAM"/>WILLIAM CREIGHTON</persName> </hi>. I live at 20, Percy Circus, Clerkenwell, and am a professor of music—on 14th January, at half-past one a. m., I was on my way home in the City Road, when a few yards from Duncan Terrace I was surrounded by the two prisoners and another man—one stopped me in front and said, "What do you want to hit me for?"—I had not struck him, nor had I seen him before—I was going to get away, when the two prisoners, to the best of my belief, came behind me—with the help of a gentleman and a constable we secured them; I did not lose sight of them—my aluminium watch was gone—my chain had been stolen previously in the same road—the prisoners are two of the throe men.</p>
<p>
<hi rend="italic">Cross-examined by Mann.</hi> I did not lose sight of you—I believe you ran down the first turning on the right, towards the Goswell Road—my chain had previously been snatched by someone; I do not connect you with that.</p>
<p>
<hi rend="italic">Cross-examined by Williams.</hi> My chain was taken about twelve minutes before—I did not recognise that man—I said nothing at the station about recognising you by your backs or forms; I did not lose sight of you—I saw your faces when I turned round to get away, when my hat was knocked off—a man ran out of a turning and snatched my chain, and ran off, leaving the chain in my pocket, and a piece of the chain in my waistcoat; I looked then at my watch, and put it back again—I have no doubt about either of you.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-89" type="witnessName">
<interp inst="t18900203-name-89" type="gender" value="male"/>
<interp inst="t18900203-name-89" type="surname" value="JOHNSON"/>
<interp inst="t18900203-name-89" type="given" value="EDWARD GEORGE"/>EDWARD GEORGE JOHNSON</persName> </hi>. I live at 3, Malvern Terrace, Islington—about half-past one on this morning I was in the City Road, near Duncan Terrace, and heard a gentleman's hat fall off on the opposite side of the road—it was a little foggy—I immediately left my friend, and went half-way across the road, and saw four or five people on the off-side of the pavement; there appeared to be a scuffle—I went further, and saw what appeared to be a robbery, and I shouted out, "Halloa! what are you doing here?" and three men immediately ran down the City Road—two of them were the prisoners—I shouted, "Police!" and "Stop thief!" and ran in pursuit down the City Road, across Goswell Road, and then down another street, and a dozen paces round the corner the prisoners saw a constable coming and came back past me—several constables were five or six yards from me; I said, "Those are two men that were concerned in assaulting this gentleman at the corner of Duncan Terrace"—I did not lose sight of the prisoners, and I have no doubt they are two of the men—the prosecutor was following me, but I was the better runner.</p>
<p>
<hi rend="italic">Cross-examined by Mann.</hi> I should think I was eight or twelve yards in front of the prosecutor, on the other side of Duncan Terrace—you ran into Winyard Street—when you turned round Goswell Road I was so close that I could almost have touched you with my stick—I did not want to catch hold of you—I recognised both of you at the station—I said you were particularly conspicuous by having a light suit on.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-90" type="witnessName">
<interp inst="t18900203-name-90" type="gender" value="male"/>
<interp inst="t18900203-name-90" type="surname" value="WALKER"/>
<interp inst="t18900203-name-90" type="given" value="GEORGE"/>GEORGE WALKER</persName> </hi> (
<hi rend="italic">Policeman G</hi> 59). At quarter-past one on this morning I was on duty in Duncan Terrace—I heard a gentleman's hat fall on the pavement—I ran across the City Road, and saw the two prisoners and another man not in custody surround the prosecutor—the two prisoners were in front of him and the other behind, and they were rifling his pockets—I saw the last witness run across the road—I joined in the pursuit, blew my whistle, and turned my light on—Fulston, who</p>
<xptr type="pageFacsimile" doc="189002030015"/>
<p>was on duty in Alfred Street, came out—the prisoners ran into Sidney Street, where another detective joined in the chase—we kept blowing our whistles—they got into Goswell Road—two policemen heard the whistles, and turned the corner of Winyard Street, and the prisoners then stopped and walked back into our arms—I was in uniform—I took Mann, and another constable took Williams—Mann became very violent, threw himself down, and tried to kick our legs; we had to carry him—they were taken to the station—Mann made no reply to the charge—Williams said something about having come out to see a friend.</p>
<p>
<hi rend="italic">Cross-examined by Mann.</hi> I did not catch you as you turned into Sidney Street—I did not hit you in the face—you got cut as you did because you threw yourself about; you fell down.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-91" type="witnessName">
<interp inst="t18900203-name-91" type="gender" value="male"/>
<interp inst="t18900203-name-91" type="surname" value="FULSTON"/>
<interp inst="t18900203-name-91" type="given" value="JOHN"/>JOHN FULSTON</persName> </hi> (
<hi rend="italic">Policeman G</hi> 60). At half-past one on this night I was on duty in Alfred Street—I heard cries of "Police!" and ran into the City Road, and saw the two prisoners and another man running—they went through Sidney Street, Goswell Road, into Winyard Street, where, finding they were being overtaken, they stopped short, and turned and walked back towards me—I took Williams into custody—he said, "It is not me; I have come out to see the time"—that was when I caught hold of him, before I or anybody said anything to him—he was troublesome; I had to get assistance—he tripped me up.</p>
<p>
<hi rend="italic">Mann, in hit defence, said he came out to tee a friend, and the constable seized him.</hi> </p>
<p>
<hi rend="italic">Williams said Mann asked him to see a friend of his, and they were going together when the policemen took them, and used them violently.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18900203-192-verdict-1" type="verdictDescription">
<interp inst="t18900203-192-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18900203-192-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY OF ROBBERY</rs> </hi>.</p>
<p>
<hi rend="largeCaps">MANN</hi>
<hi rend="italic">then</hi>
<hi rend="smallCaps">PLEADED GUILTY**†</hi>
<hi rend="italic">to a conviction of felony in August,</hi> 1888,
<hi rend="italic">and</hi>
<hi rend="largeCaps">WILLIAMS</hi>**†
<hi rend="italic">to one in November,</hi> 1886,
<hi rend="italic">in the name of William Riley.</hi> </p>
<p>
<hi rend="largeCaps">MANN</hi>
<hi rend="italic">
<rs id="t18900203-192-punishment-13" type="punishmentDescription">
<interp inst="t18900203-192-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t18900203-192-punishment-13" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-192-18900203 t18900203-192-punishment-13"/>Nine Months' Hard Labour.</rs> </hi> </p>
<p>
<hi rend="largeCaps">WIL
<lb/>LIAMS</hi>
<hi rend="italic">
<rs id="t18900203-192-punishment-14" type="punishmentDescription">
<interp inst="t18900203-192-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t18900203-192-punishment-14" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-192-18900203 t18900203-192-punishment-14"/>Ten Months' Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18900203-193">
<interp inst="t18900203-193" type="uri" value="sessionsPapers/18900203"/>
<interp inst="t18900203-193" type="date" value="18900203"/>
<join result="criminalCharge" id="t18900203-193-charge-1" targOrder="Y" targets="def1-193-18900203 t18900203-193-offence-1 t18900203-193-verdict-1"/>
<join result="criminalCharge" id="t18900203-193-charge-2" targOrder="Y" targets="def2-193-18900203 t18900203-193-offence-1 t18900203-193-verdict-1"/>
<join result="criminalCharge" id="t18900203-193-charge-3" targOrder="Y" targets="def3-193-18900203 t18900203-193-offence-1 t18900203-193-verdict-2"/>
<join result="criminalCharge" id="t18900203-193-charge-4" targOrder="Y" targets="def1-193-18900203 t18900203-193-offence-2 t18900203-193-verdict-3"/>
<join result="criminalCharge" id="t18900203-193-charge-5" targOrder="Y" targets="def2-193-18900203 t18900203-193-offence-2 t18900203-193-verdict-3"/>
<join result="criminalCharge" id="t18900203-193-charge-6" targOrder="Y" targets="def3-193-18900203 t18900203-193-offence-2 t18900203-193-verdict-4"/>
<p>193.
<persName id="def1-193-18900203" type="defendantName">
<interp inst="def1-193-18900203" type="gender" value="male"/>
<interp inst="def1-193-18900203" type="age" value="20"/>
<interp inst="def1-193-18900203" type="surname" value="ALLOWAY"/>
<interp inst="def1-193-18900203" type="given" value="JOSEPH"/>
<hi rend="largeCaps">JOSEPH ALLOWAY</hi> (20)</persName>,
<persName id="def2-193-18900203" type="defendantName">
<interp inst="def2-193-18900203" type="gender" value="male"/>
<interp inst="def2-193-18900203" type="age" value="18"/>
<interp inst="def2-193-18900203" type="surname" value="SMITH"/>
<interp inst="def2-193-18900203" type="given" value="EDWARD"/>
<hi rend="largeCaps">EDWARD SMITH</hi> (18)</persName>, and
<persName id="def3-193-18900203" type="defendantName">
<interp inst="def3-193-18900203" type="gender" value="male"/>
<interp inst="def3-193-18900203" type="age" value="23"/>
<interp inst="def3-193-18900203" type="surname" value="BOON"/>
<interp inst="def3-193-18900203" type="given" value="RICHARD"/>
<hi rend="largeCaps">RICHARD BOON</hi> (23)</persName>
<rs id="t18900203-193-offence-1" type="offenceDescription">
<interp inst="t18900203-193-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18900203-193-offence-1" type="offenceSubcategory" value="burglary"/>, Burglary in the dwelling-house of
<persName id="t18900203-name-95" type="victimName">
<interp inst="t18900203-name-95" type="gender" value="male"/>
<interp inst="t18900203-name-95" type="surname" value="SMITH"/>
<interp inst="t18900203-name-95" type="given" value="JAMES EDWARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18900203-193-offence-1 t18900203-name-95"/>James Edward Smith</persName>, and stealing nine overcoats and other articles.
<hi rend="italic">Second Count,</hi> Receiving the same.</rs> </p>
<p>
<hi rend="largeCaps">ALLOWAY</hi> and
<hi rend="largeCaps">SMITH</hi>
<hi rend="smallCaps">
<rs id="t18900203-193-verdict-1" type="verdictDescription">
<interp inst="t18900203-193-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18900203-193-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.</p>
<p>
<hi rend="smallCaps">MR. DE MICHELE</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-96" type="witnessName">
<interp inst="t18900203-name-96" type="gender" value="male"/>
<interp inst="t18900203-name-96" type="surname" value="SMITH"/>
<interp inst="t18900203-name-96" type="given" value="JAMES EDWARD"/>JAMES EDWARD SMITH</persName> </hi>. I live at 5 and 7, Euston Road, and am an outfitter—on the morning of 16th January, at four o'clock, I was called up, and found my place had been broken into—I missed a number of goods, of the value of £40, among them being overcoats—I went to the station, and identified Alloway and Smith, with overcoats on them—I saw Boon at the station on 20th January—he bad no goods of mine in his possession.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-97" type="witnessName">
<interp inst="t18900203-name-97" type="gender" value="male"/>
<interp inst="t18900203-name-97" type="surname" value="BROADHEAD"/>
<interp inst="t18900203-name-97" type="given" value="ALEXIS"/>ALEXIS BROADHEAD</persName> </hi>. I locked up No. 7, Euston Road, at 1.30 p. m. on 15th January—all was securely fastened when I went to bed—at 4.30 a. m. I was called up, and found goods
<hi rend="italic">lying</hi> about—I found this
<hi rend="italic">jemmy</hi> at half-past two in the day on the premises between some bales of cloth—I went to the pawnbroker's, and identified an overcoat—entrance was effected by the back door, which had been locked, but the key had been, by an oversight, left in the door.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-98" type="witnessName">
<interp inst="t18900203-name-98" type="gender" value="male"/>
<interp inst="t18900203-name-98" type="surname" value="SCARF"/>
<interp inst="t18900203-name-98" type="given" value="CHARLES"/>CHARLES SCARF</persName> </hi>. I am assistant to Mr. Seeker, of 9 and 10, Bath. Street, City Road, pawnbroker—this coat with a; velvet collar, whish</p>
<xptr type="pageFacsimile" doc="189002030016"/>
<p>Mr. Smith and Mr. Broadhead have identified, was pledged with me on 17th January, about noon, by Boon, for 12s. 6d.—he gave the name and address of John Boon, 60, Lever Street—I knew him as a customer.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-99" type="witnessName">
<interp inst="t18900203-name-99" type="gender" value="male"/>
<interp inst="t18900203-name-99" type="surname" value="MCFADDEN"/>
<interp inst="t18900203-name-99" type="given" value="GEORGE"/>GEORGE MCFADDEN</persName> </hi> (
<hi rend="italic">Policeman E</hi> 323). At half-past 4 a. m. on 16th January I went to 7, Euston Road, and found the shop door open—the place had been broken into.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-100" type="witnessName">
<interp inst="t18900203-name-100" type="gender" value="male"/>
<interp inst="t18900203-name-100" type="surname" value="MARIE"/>
<interp inst="t18900203-name-100" type="given" value="JAMES"/>JAMES MARIE</persName> </hi> (
<hi rend="italic">Policeman O</hi> 197). On the evening of 20th January I arrested Boon at Broad Street, Bloomsbury—I said, "I am going to take you into custody for being concerned with Alloway and Smith; we have found one of the coats pawned at Seeker's, in Bath Street, and have been told that you pawned it there"—he said, "All right, I will go with you; I did pawn the coat, but I did not know it was stolen, or else I should not have done it"—I found at his lodgings six pawn-tickets.</p>
<p>
<hi rend="italic">The Prisoner's statement before the Magistrate.</hi> "I own I pawned the coat and trousers, but I did not know they were stolen."</p>
<p>
<hi rend="italic">The Prisoner called</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-101" type="witnessName">
<interp inst="t18900203-name-101" type="gender" value="male"/>
<interp inst="t18900203-name-101" type="surname" value="ALLOWAY"/>
<interp inst="t18900203-name-101" type="given" value="JOSEPH"/>JOSEPH ALLOWAY</persName> </hi> (
<hi rend="italic">the Prisoner</hi>). I have pleaded guilty to the charge of burglary—I am a paperhanger—I have no fixed address—you did not know these clothes were stolen—Smith asked you to pawn the coat.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I gave Boon the coat to pawn—Smith and two others broke into the place with me; I don't know who the other two were; I did not know them before—this coat which Boon pawned was one of the things we stole; we stole other clothes from Boon's brother—Boon gave us the key beforehand on that occasion; he did not know till the next day, when it was done, that we were going to steal his brother's goods—he did not give us the key for the purpose, but for us to sleep—I and Smith went in, and put on new suits on the premises—Boon was not on the premises; he never put this coat on to my knowledge—I have known him since Christmas; I have not been about with him; I met him casually when I was with Smith; I had never been to his brother's house before; I had never seen his brother—I heard his brother say before the Magistrate that he had let us two in.</p>
<p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. I gave the prisoner the coat on 16th or 17th, but I did not ask him to pawn it—in the interval I had left it at 38, New Compton Street, a private house, where my wife and her father and her mother live—Smith said Boon was going to pawn the coat, and I got it and gave it to him.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-102" type="witnessName">
<interp inst="t18900203-name-102" type="gender" value="male"/>
<interp inst="t18900203-name-102" type="surname" value="SMITH"/>
<interp inst="t18900203-name-102" type="given" value="EDWARD"/>EDWARD SMITH</persName> </hi> (
<hi rend="italic">the Prisoner</hi>). I have pleaded guilty to this charge—I am a carman, out of work; I have no fixed address—Alloway gave you the overcoat to pawn, and I asked you to pawn it—I think that was the day after the robbery; I cannot remember the date—I told you to ask 15s. on it.</p>
<p>
<hi rend="italic">Cross-examined.</hi> There were four of us in the burglary, I don't know who the other two were—Alloway got someone, I don't know who, to pawn the other coats—I assisted in robbing Boon's brother—Boon handed us the key at ten o'clock at night, and we went in about an hour after, at eleven.</p>
<p>
<rs id="t18900203-193-verdict-2" type="verdictDescription">
<interp inst="t18900203-193-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18900203-193-verdict-2" type="verdictSubcategory" value="lesserOffence"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">of receiving.</hi> </rs>
<hi rend="italic"> Alloway</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">to a conviction of felony in December,</hi> 1889.</p>
<p>
<hi rend="italic">
<rs id="t18900203-193-offence-2" type="offenceDescription">
<interp inst="t18900203-193-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18900203-193-offence-2" type="offenceSubcategory" value="burglary"/>There was another indictment against the prisoners for burglary in the dwelling-house of
<persName id="t18900203-name-103" type="victimName">
<interp inst="t18900203-name-103" type="gender" value="male"/>
<interp inst="t18900203-name-103" type="surname" value="BOON"/>
<interp inst="t18900203-name-103" type="given" value="HENRY"/>
<join result="offenceVictim" targOrder="Y" targets="t18900203-193-offence-2 t18900203-name-103"/>Henry Boon</persName>, and stealing two coats and other articles, to which Alloway and Smith</rs> </hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18900203-193-verdict-3" type="verdictDescription">
<interp inst="t18900203-193-verdict-3" type="verdictCategory" value="guilty"/>
<interp inst="t18900203-193-verdict-3" type="verdictSubcategory" value="no_subcategory"/>PLEADED GUILTY</rs> </hi>
<rs id="t18900203-193-verdict-4" type="verdictDescription">
<interp inst="t18900203-193-verdict-4" type="verdictCategory" value="notGuilty"/>
<interp inst="t18900203-193-verdict-4" type="verdictSubcategory" value=""/> </rs>.</p>
<xptr type="pageFacsimile" doc="189002030017"/>
<p>
<hi rend="largeCaps">ALLOWAY</hi> and
<hi rend="largeCaps">SMITH</hi>
<hi rend="italic">
<rs id="t18900203-193-punishment-15" type="punishmentDescription">
<interp inst="t18900203-193-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t18900203-193-punishment-15" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-193-18900203 t18900203-193-punishment-15"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-193-18900203 t18900203-193-punishment-15"/>Twelve Months' Hard Labour.</rs> </hi> </p>
<p>
<hi rend="largeCaps">BOON</hi>
<hi rend="italic">
<rs id="t18900203-193-punishment-16" type="punishmentDescription">
<interp inst="t18900203-193-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t18900203-193-punishment-16" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-193-18900203 t18900203-193-punishment-16"/>Eight Months' Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18900203-194">
<interp inst="t18900203-194" type="uri" value="sessionsPapers/18900203"/>
<interp inst="t18900203-194" type="date" value="18900203"/>
<join result="criminalCharge" id="t18900203-194-charge-1" targOrder="Y" targets="def1-194-18900203 t18900203-194-offence-1 t18900203-194-verdict-1"/>
<join result="criminalCharge" id="t18900203-194-charge-2" targOrder="Y" targets="def2-194-18900203 t18900203-194-offence-1 t18900203-194-verdict-1"/>
<p>194.
<persName id="def1-194-18900203" type="defendantName">
<interp inst="def1-194-18900203" type="gender" value="male"/>
<interp inst="def1-194-18900203" type="age" value="26"/>
<interp inst="def1-194-18900203" type="surname" value="SWEENEY"/>
<interp inst="def1-194-18900203" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES SWEENEY</hi> (26)</persName> and
<persName id="def2-194-18900203" type="defendantName">
<interp inst="def2-194-18900203" type="gender" value="male"/>
<interp inst="def2-194-18900203" type="age" value="27"/>
<interp inst="def2-194-18900203" type="surname" value="WOOD"/>
<interp inst="def2-194-18900203" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN WOOD</hi> (27)</persName>
<rs id="t18900203-194-offence-1" type="offenceDescription">
<interp inst="t18900203-194-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18900203-194-offence-1" type="offenceSubcategory" value="robbery"/>, Robbery with violence on
<persName id="t18900203-name-106" type="victimName">
<interp inst="t18900203-name-106" type="gender" value="male"/>
<interp inst="t18900203-name-106" type="surname" value="BENSON"/>
<interp inst="t18900203-name-106" type="given" value="CHARLES"/>
<join result="offenceVictim" targOrder="Y" targets="t18900203-194-offence-1 t18900203-name-106"/>Charles Benson</persName>, and stealing 12s. 6d.</rs> </p>
<p>
<hi rend="smallCaps">MR. HUGGINS</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-107" type="witnessName">
<interp inst="t18900203-name-107" type="gender" value="male"/>
<interp inst="t18900203-name-107" type="surname" value="BENSON"/>
<interp inst="t18900203-name-107" type="given" value="CHARLES"/>CHARLES BENSON</persName> </hi>. I live at 9, darks' Terrace, Glynn Road, Clapton—I am a salesman in the Corn Market, Mark Lane—on Sunday morning, 19th January, I was walking home from Shoreditch to Clapton, and on the left-hand side of the Hackney Road, a few yards before I got to the railway station, I think near the Oval, I was stopped by four men and pushed into the road and some money taken from me—I called out "Police!"—I was pushed down five or six times—Sweeney put his hand over my mouth and prevented my calling again, but the police were quickly on the spot, so that I was not injured except by them holding my mouth—I charged the prisoners at the station; I recognise them as the men who assaulted me—Wood felt for my money—I had 15s. or 16s. about me; I showed the inspector that I had 3s. 10d. left at the station, so that I had lost 12s. 6d.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-108" type="witnessName">
<interp inst="t18900203-name-108" type="gender" value="male"/>
<interp inst="t18900203-name-108" type="surname" value="BUCK"/>
<interp inst="t18900203-name-108" type="given" value="CHARLES"/>CHARLES BUCK</persName> </hi> (
<hi rend="italic">Policeman J</hi> 130). About a quarter past one a. m. on 19th January I was on duty in Cambridge Road, near Hackney Railway Station—I heard someone calling out "Murder!" and "Help!"—I turned back about 200 yards behind me, and could see four or five men scuffling on the ground—I ran, and when I got there I saw the prosecutor getting up from the ground and four, or five men standing round him—I was in uniform—Benson turned and said, "I have been knocked down and robbed"—I said, "Who done it?"—he pointed to the prisoners and said the dark man (Sweeney) held him down and put his hand over his mouth while the others robbed him—four or five men stood there listening, but there were about six policemen there, the men had no chance of getting away—Benson said he should give them in charge for highway robbery with violence, and they were taken to the station—Benson could not identify anyone but the two prisoners—at the station Wood turned to the prosecutor and said, "You have done something for us."</p>
<p>
<hi rend="italic">Cross-examined by Sweeney.</hi> I was by this place two minutes before, and two sergeants as well—when the prosecutor charged you, you said, "Why I have only just picked the man up"—I went to Mr. Grace, who had employed you last, for your character—he said he had to discharge you, not for dishonesty—it did not take me a minute to run back—the prosecutor was not under the influence of liquor.</p>
<p>
<hi rend="italic">Sweeney, in his defence, said he and Wood saw the prosecuter lying on the road and picked him up, and asked him what the matter was.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-109" type="witnessName">
<interp inst="t18900203-name-109" type="gender" value="male"/>
<interp inst="t18900203-name-109" type="surname" value="BENSON"/>
<interp inst="t18900203-name-109" type="given" value="CHARLES"/>CHARLES BENSON</persName> </hi> (
<hi rend="italic">Re-examined by the</hi>
<hi rend="smallCaps">COURT</hi>). I had had something in the day time to drink, but I was not drunk—Sweeney knocked me down—I am positive he held his hand over my mouth, and that Wood put his liana into my pocket. (
<hi rend="italic">It appeared by the depositions that the witness said at the Police-court Wood held him down</hi>)—I struggled—I did not hold Wood—I was on the ground—four or five were round me, the others ran away before the policeman arrived.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-110" type="witnessName">
<interp inst="t18900203-name-110" type="gender" value="male"/>
<interp inst="t18900203-name-110" type="surname" value="BUCK"/>
<interp inst="t18900203-name-110" type="given" value="CHARLES"/>CHARLES BUCK</persName> </hi> (
<hi rend="italic">Re-examined by the</hi>
<hi rend="smallCaps">JURY</hi>). There was nothing the</p>
<xptr type="pageFacsimile" doc="189002030018"/>
<p>matter with the prisoners' clothes—they were not wet or muddy—the prosecutor was all covered with mud—nothing was found on Sweeney, 4d. on Wood.</p>
<p>
<hi rend="smallCaps">
<rs id="t18900203-194-verdict-1" type="verdictDescription">
<interp inst="t18900203-194-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18900203-194-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18900203-195">
<interp inst="t18900203-195" type="uri" value="sessionsPapers/18900203"/>
<interp inst="t18900203-195" type="date" value="18900203"/>
<join result="criminalCharge" id="t18900203-195-charge-1" targOrder="Y" targets="def1-195-18900203 t18900203-195-offence-1 t18900203-195-verdict-1"/>
<join result="criminalCharge" id="t18900203-195-charge-2" targOrder="Y" targets="def1-195-18900203 t18900203-195-offence-2 t18900203-195-verdict-1"/>
<p>195.
<persName id="def1-195-18900203" type="defendantName">
<interp inst="def1-195-18900203" type="gender" value="female"/>
<interp inst="def1-195-18900203" type="age" value="22"/>
<interp inst="def1-195-18900203" type="surname" value="DUGGAN"/>
<interp inst="def1-195-18900203" type="given" value="EMMELINE"/>
<hi rend="largeCaps">EMMELINE DUGGAN</hi>* (22)</persName>
<hi rend="smallCaps">
<rs id="t18900203-195-verdict-1" type="verdictDescription">
<interp inst="t18900203-195-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18900203-195-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to
<rs id="t18900203-195-offence-1" type="offenceDescription">
<interp inst="t18900203-195-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18900203-195-offence-1" type="offenceSubcategory" value="fraud"/>obtaining a diamond ring, the property of
<persName id="t18900203-name-112" type="victimName">
<interp inst="t18900203-name-112" type="gender" value="male"/>
<interp inst="t18900203-name-112" type="surname" value="DURDEN"/>
<interp inst="t18900203-name-112" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18900203-195-offence-1 t18900203-name-112"/>John Durden</persName>, by false pretences, with intent to defraud;</rs>
<rs id="t18900203-195-offence-2" type="offenceDescription">
<interp inst="t18900203-195-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18900203-195-offence-2" type="offenceSubcategory" value="simpleLarceny"/>
<hi rend="italic">also,</hi> to stealing a diamond ring, the property of
<persName id="t18900203-name-113" type="victimName">
<interp inst="t18900203-name-113" type="gender" value="male"/>
<interp inst="t18900203-name-113" type="surname" value="DURDEN"/>
<interp inst="t18900203-name-113" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18900203-195-offence-2 t18900203-name-113"/>John Durden</persName>.</rs>
<hi rend="italic">
<rs id="t18900203-195-punishment-17" type="punishmentDescription">
<interp inst="t18900203-195-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t18900203-195-punishment-17" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-195-18900203 t18900203-195-punishment-17"/>Twelve Months' Hard Labour.</rs> </hi> And</p> </div1>
<div1 type="trialAccount" id="t18900203-196">
<interp inst="t18900203-196" type="uri" value="sessionsPapers/18900203"/>
<interp inst="t18900203-196" type="date" value="18900203"/>
<join result="criminalCharge" id="t18900203-196-charge-1" targOrder="Y" targets="def1-196-18900203 t18900203-196-offence-1 t18900203-196-verdict-1"/>
<p>196.
<persName id="def1-196-18900203" type="defendantName">
<interp inst="def1-196-18900203" type="gender" value="male"/>
<interp inst="def1-196-18900203" type="age" value="29"/>
<interp inst="def1-196-18900203" type="surname" value="MACKENZIE"/>
<interp inst="def1-196-18900203" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN MACKENZIE</hi> (29)</persName>
<rs id="t18900203-196-offence-1" type="offenceDescription">
<interp inst="t18900203-196-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18900203-196-offence-1" type="offenceSubcategory" value="burglary"/>, To burglary in the dwelling-house of
<persName id="t18900203-name-115" type="victimName">
<interp inst="t18900203-name-115" type="gender" value="male"/>
<interp inst="t18900203-name-115" type="surname" value="BORGSEN"/>
<interp inst="t18900203-name-115" type="given" value="LUDWIG"/>
<join result="offenceVictim" targOrder="Y" targets="t18900203-196-offence-1 t18900203-name-115"/>Ludwig Borgsen</persName>, with intent to steal therein;
<hi rend="italic">also,</hi> to a conviction of felony in September, 1888.—</rs>
<hi rend="italic">
<rs id="t18900203-196-punishment-18" type="punishmentDescription">
<interp inst="t18900203-196-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t18900203-196-punishment-18" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-196-18900203 t18900203-196-punishment-18"/>Fifteen Months' Hard Labour.</rs> </hi>
<rs id="t18900203-196-verdict-1" type="verdictDescription">
<interp inst="t18900203-196-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18900203-196-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Thursday, February</hi> 6
<hi rend="italic">th</hi>, 1890.</p>
<p>
<hi rend="italic">Before Mr. Justice Day.</hi> </p>
<div1 type="trialAccount" id="t18900203-197">
<interp inst="t18900203-197" type="uri" value="sessionsPapers/18900203"/>
<interp inst="t18900203-197" type="date" value="18900203"/>
<join result="criminalCharge" id="t18900203-197-charge-1" targOrder="Y" targets="def1-197-18900203 t18900203-197-offence-1 t18900203-197-verdict-1"/>
<join result="criminalCharge" id="t18900203-197-charge-2" targOrder="Y" targets="def2-197-18900203 t18900203-197-offence-1 t18900203-197-verdict-1"/>
<p>197.
<persName id="def1-197-18900203" type="defendantName">
<interp inst="def1-197-18900203" type="gender" value="male"/>
<interp inst="def1-197-18900203" type="age" value="65"/>
<interp inst="def1-197-18900203" type="surname" value="TURNER"/>
<interp inst="def1-197-18900203" type="given" value="HATFIELD THOMAS"/>
<hi rend="largeCaps">HATFIELD THOMAS TURNER</hi> (65)</persName> and
<persName id="def2-197-18900203" type="defendantName">
<interp inst="def2-197-18900203" type="gender" value="male"/>
<interp inst="def2-197-18900203" type="age" value="49"/>
<interp inst="def2-197-18900203" type="surname" value="CLARK"/>
<interp inst="def2-197-18900203" type="given" value="FREDERICK"/>
<hi rend="largeCaps">FREDERICK CLARK</hi> (49)</persName>
<rs id="t18900203-197-offence-1" type="offenceDescription">
<interp inst="t18900203-197-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18900203-197-offence-1" type="offenceSubcategory" value="forgery"/>, Feloniously forging and uttering a bond of the Republic of Chili, of the nominal value of £1,000.</rs> </p>
<p>
<hi rend="smallCaps">MR. POLAND</hi>, Q. C.,
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. GILL</hi>
<hi rend="italic">Prosecuted;</hi>
<hi rend="smallCaps">MESSRS. BIRON</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">ELLIOTT</hi>
<hi rend="italic">appeared for Turner; and</hi>
<hi rend="smallCaps">MR. GEOGHEGAN</hi>
<hi rend="italic">for Clark.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-118" type="witnessName">
<interp inst="t18900203-name-118" type="gender" value="male"/>
<interp inst="t18900203-name-118" type="surname" value="SMERDON"/>
<interp inst="t18900203-name-118" type="given" value="THOMAS RICHARDSON"/>THOMAS RICHARDSON SMERDON</persName> </hi>. I am a clerk in the employ of Messrs. Baring Brothers and Co., of Bishopsgate Street, City—in November, 1883, they had in their possession a parcel of bonds for a customer, containing 105 Alabamas, of £200 each, and a Chilian bond, No. 5,850—on the occasion of my putting into that parcel a Chilian bond, the parcel was stolen or lost; it could not be found—steps were taken with regard to it; advertisements were inserted and bills published, giving a description of the bonds, and Messrs. Morgan were communicated with, so that the bonds should be stopped—they had just been put into Messrs. Baring's hands; I think they were deposited on the very same day they were missed—the coupons were stopped—the Chilian bond was a good security, at a premium—the total value of the parcel was £22,000—until the present inquiry nothing was heard of them.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-119" type="witnessName">
<interp inst="t18900203-name-119" type="gender" value="male"/>
<interp inst="t18900203-name-119" type="surname" value="ALLINSON"/>
<interp inst="t18900203-name-119" type="given" value="HENRY"/>HENRY ALLINSON</persName> </hi>. I am a clerk to Messrs. J. S. Morgan and Co., of 22, Old Broad Street, City; they are American bankers, trading under the name of Morgan and Co.—they had the issue of the Chilian bonds of 1867 Loan, for the Republic of Chili—the bonds had attached to them coupons, payable half-yearly—I produce the original bond, No. 5,850, for £1,000, with the coupons of £30 each, payable half-yearly—the coupons have been regularly paid twice a year, down to the present time—this other bond, the stolen one, is now altered to 5,880—the original number was 5,850—the coupons upon that were paid half yearly up to July, 1883, and not since—the coupons on the forged bond have not been presented; they are not on the bond now; they have been taken off; they have been cut off all in a row; if cut off separately they do not exactly fit—each coupon is taken off as it becomes due—I have the coupons which fit in the book exactly, and they show me which is the genuine one of 5,850—I have examined the bond with a glass, and can see an alteration of the third figure—I should think the "8" has been washed out by some chemical appliance, and then the new figure "5" printed;</p>
<xptr type="pageFacsimile" doc="189002030019"/>
<p>the paper is evidently damaged by the washing—the bonds are never issued in duplicate.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BIRON</hi>. I have been a clerk at Morgans' eighteen or nineteen years—in the course of my duty I have had considerable experience in bonds—the third figure is entirely altered from an 8 into a 5—I only discovered the forgery when I had the two bonds given me to look at—unless by comparing them, a person in the ordinary course of business would not be able to detect the forgery.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. GEOGHEGAN</hi>. During the hearing at the Mansion House I saw the person calling himself Jones—to my knowledge, he never made any inquiry about the bond.</p>
<p>
<hi rend="italic">Re-examined.</hi> These bonds are quoted on the market immediately.
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. The value of a £1,000 bond would be £1,030, or 3 per cent, premium.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-120" type="witnessName">
<interp inst="t18900203-name-120" type="gender" value="male"/>
<interp inst="t18900203-name-120" type="surname" value="JONES"/>
<interp inst="t18900203-name-120" type="given" value="EDWIN HARRY"/>EDWIN HARRY JONES</persName> </hi>. I am an accountant, of Belmont Villas, Southend—I have no office in the City—some time in October last year I made the acquaintance of the prisoner Clark—he was introduced to me by a man named Pilcher, at 16, Cornhill, at a friend's, Mr. Dain—he gave me this card, "Mr. Frederick Clark, 15, Cockspur Street"—he was introduced to me for the purpose of wanting to borrow, on a bond, £850 for a client of his, a wealthy old gentleman named Mr. Thomas Turner, who lived at 86,. Banbury Road, Plumstead—I asked him how it was he did not do it through a bank—he said, "There are times when a gentleman does not want to borrow through a bank"—I did not see the bond on the first occasion; I was to let him know whether I would do the loan or not—I wrote to him that night with regard to it, and I saw him, I think, the next day—I then told him I could only do the loan if he would allow me to sell the bond, and he was to give me a promissory note for £850, plus the interest, and I was to let him have another bond in six months' time—I mean I was to sell the bond, and on repayment I was to replace the bond—Clark said he would let me know whether it could be done in that way—I met him again the next day at Dam's, that would be the third interview—he then produced this bond to me; I took the number of it, 5,880—I made an appointment for the next day at the same place at twelve—I made inquiry about the bond the same day at Messrs. Morgan's, and on that day, the day of the third interview, I spoke to a person of the name of Turnour—the next day I met Clark again, and he handed me the bond, and I took it with me; arranging to meet him in on hour's time—he told me that I was to draw two cheques, one for £850 and the other for the balance—it was not mentioned what the balance was to be, that would depend upon what the bond produced—I took the bond and gave it to Mr. Turnour with certain instructions, and he came back and handed me the two cheques produced, one for £850, dated 24th October, and the other for £162 9s. 6d., drawn by Sir Robert Garden and Co., in favour of Thomas Turnour, Esq., or order—he also handed me the contract note for the sale of the bond—I went back to my friend's office and there handed Clark the two cheques, the contract note I kept—he said I was to have back the smaller cheque—I then left him—I made an appointment to meet him again the same day at the same place, or at Birch's, 16, Cornhill, I am not sure which; I did meet him later in the day, and he then handed me the smaller cheque for £162 9s. 6d.; it was then endorsed, B 2</p>
<xptr type="pageFacsimile" doc="189002030020"/>
<p>"Thomas Turner"—I paid it into Barker's Bank, in Mark Lane, to the account of my wife; I have not any account myself—I afterwards partly drew out the money—I received the promissory note from dark at the time I gave him the cheques, it is signed "Thomas Turner"—I afterwards gave it him—I gave him the whole thing in one of Carden's envelopes—I can't fix the date of that, it was the last day he went to Carden's, about the 4th December, I think—I mean the last time he went to Carden's when there was a question asked about another cheque; that was on the 10th December—when Clark spoke to me of Turner, he said he had been a clerk in the Bank of England, and had a pension, and that he was a man of respectability.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BIRON</hi>. I said I would not negotiate the loan unless the bond was to be sold—Clark said he would let me know as to that—Pilcher was present at that interview, no one else; Mr. Dain was not there—it was afterwards agreed that it should be sold if necessary, that I should have power to sell—Clark said he did not mind so long as they had a bond back in six months—the arrangement was that I should have the power of selling the bond, but that I should produce this bond or another—the first time I saw the bond was at the third interview, and then I went to Morgan's, who issued these bonds, to make inquiry about it, and as the result of those inquiries I determined to make the loan—I was to advance £850, and the interest was to be 10 per cent, per annum, 5 per cent, at six months—I met Mr. Turner as I was on my way to another broker, and he was introduced into it.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. GEOGHEGAN</hi>. The £850 cheque was for the amount of the loan, which, at ten per cent., would be £892 10s.—I got five per cent, at six months—I also got the cheque for £162 9s. 6d.—of that I did not pay any to Clark or Turner; I utilised it; I ran a
<hi rend="italic">bear</hi> upon it; it was quoted at 103—I had no transaction on the Stock Exchange direct, only through Turnour—it is a rule on the Stock Exchange that stockbrokers only deal with principals, not with clerks—Turner had been on the Stock Exchange—I did not know till this that he was acquainted with the firm of Sir Robert Carden and Co.—it is a rule that before entering into a transaction about a bond stockbrokers require an introduction—looking at the endorsements on the two cheques, they do not appear to be written by the same person—I made no inquiry of Clark about that—I paid him £25 in respect of the coupons of the Chilian bond—the bond was not sold, as far as he and his client were concerned; I had to replace a bond—I paid him the coupon ending 31st December, 1889—all through I recognised Clark as acting for a man named Turner—he told me that.</p>
<p>
<hi rend="italic">Re-examined.</hi> The person I was dealing with was content with the £850 as the loan—I paid Clark the £25 for the coupons because it would be due to him on 31st December—he wrote and asked me for it; that was after I had sold the bond to Carden's with the coupons and got the money—I paid it in October by cheque—this is the letter I wrote to Turner about it, and this is Clark's answer—I had not seen Turner at all; I gave the letter to Clark to give to Turner, and on 6th November I got this letter from Clark in reference to it—I had a cheque for £25, and as Clark asked me for it I sent him that, and was going to give him the balance myself.</p>
<p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">MR. GEOGHEGAN</hi>. I understood from Clark that he had power to</p>
<xptr type="pageFacsimile" doc="189002030021"/>
<p>endorse for Turner—I don-t know why he did not endorse the £162 cheque then and there; it was given to me by Clark endorsed as it is.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-121" type="witnessName">
<interp inst="t18900203-name-121" type="gender" value="male"/>
<interp inst="t18900203-name-121" type="surname" value="TURNOUR"/>
<interp inst="t18900203-name-121" type="given" value="ARCHER"/>ARCHER TURNOUR</persName> </hi>. I live at Hazlemere Lodge, Kew—in October last I was not in any occupation; I had formerly been a member of the Stock Exchange—on 24th October, Mr. Jones saw me with regard to the disposal of a Chilian bond for £1,000; that was at County Chambers, Cornhill—I went there to see him, and he handed me the bond to take to a stockbroker and sell—I took it to the office of Sir Robert Carden and Co., with directions to sell—that was about eleven in the morning—I handed the bond to a gentleman in the office; he gave me a contract note, and the two cheques produced, one for £850 and the other for £162 9s. 6d.; it was a cash transaction—I took the two cheques and gave them to Mr. Jones, with the contract note, about half-past twelve the same day—I received £1 5s. from Carden's, in the ordinary way, as commission I believe this is the bond—I saw Mr. Keed, a member of the firm.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-122" type="witnessName">
<interp inst="t18900203-name-122" type="gender" value="male"/>
<interp inst="t18900203-name-122" type="surname" value="KEED"/>
<interp inst="t18900203-name-122" type="given" value="CHARLES"/>CHARLES KEED</persName> </hi>. I am a stockbroker, and a member of the firm of Sir Robert Carden and Co., 3, Threadneedle Street—on 24th October, Mr. Turnour came and asked me to sell a Chilian bond for £1,000; he delivered me the bond, and I sold it for £1,012 9s. 6d.—there was a commission—I gave him these two cheques on our bankers—I delivered the bond that same day to a broker on the Stock Exchange—afterwards, in December, in consequence of some inquiries, I got back the same bond from the Stock Exchange—this is it.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BIRON</hi>. At that time I had no suspicion about the bond—I do not think it is a constant practice in the City to negotiate a loan through third parties—we should not have negotiated this with a stranger; I should not have dealt at all with Mr. Turner, unless I had known Archer Turnour.</p>
<p>
<hi rend="italic">Re examined.</hi> We got back the bond from the Stock Exchange when we learnt it was forged.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-123" type="witnessName">
<interp inst="t18900203-name-123" type="gender" value="male"/>
<interp inst="t18900203-name-123" type="surname" value="MARKS"/>
<interp inst="t18900203-name-123" type="given" value="JOHN ALFRED"/>JOHN ALFRED MARKS</persName> </hi>. I am sub-manager of the Cheque Bank, 4, Waterloo Place, Pall Mall—In May, 1882, the prisoner dark opened an account with us, giving a reference to Ash win, of 15, Cockspur Street—on 24th or 25th October, Clark handed me this cheque for £850, and asked me to clear it; I did so, and gave him this cheque for £800, on Barclay, Bevan, and Co., payable to Frederick Clark, or order, and on 15th November I gave him this cheque for £50—on 28th October he paid £34 in to his account; I have a certified copy of his account; that £34 was made up of six £5 Bank of England notes, numbers 89,274 to 7, and 89,279, and 89,289, also a cheque for £4, drawn by H. Turner, on the London and County Bank, Woolwich—at a later date, in consequence of a cheque for a larger amount being brought in the same way, I communicated with Messrs. Carden.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. GEOGHEGAN</hi>. If a person pays in £25, I credit him with it; at the same time I give him a cheque on our bank for the amount, and debit him with it; we do not allow interest—on the 10th August last year he withdrew £50 1s. 6d.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-124" type="witnessName">
<interp inst="t18900203-name-124" type="gender" value="male"/>
<interp inst="t18900203-name-124" type="surname" value="WELCH"/>
<interp inst="t18900203-name-124" type="given" value="JAMES EDWARD"/>JAMES EDWARD WELCH</persName> </hi>. I am a cashier at Barclay, Bevan, and Co.—on 25th October, this cheque for £800 was presented for payment across the counter, I paid it with a?100 note, number 15,499, dated 14th February, 1889; a?200 note, 3,071, dated 14th January, 1889; and</p>
<xptr type="pageFacsimile" doc="189002030022"/>
<p>twenty £5 notes, numbers 89,271 to 90, inclusive, dated 14th June, 1889.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-125" type="witnessName">
<interp inst="t18900203-name-125" type="gender" value="male"/>
<interp inst="t18900203-name-125" type="surname" value="HURRELL"/>
<interp inst="t18900203-name-125" type="given" value="CHARLES"/>CHARLES HURRELL</persName> </hi>. I am a cashier at Barclay, Bevan, and Co. 's—on 15th November this cheque for £50 of the Cheque Bank was presented across the counter—I gave for it a £50 note, No. 5,583, dated 13th March, 1889.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-126" type="witnessName">
<interp inst="t18900203-name-126" type="gender" value="male"/>
<interp inst="t18900203-name-126" type="surname" value="BRENT"/>
<interp inst="t18900203-name-126" type="given" value="EDWARD"/>EDWARD BRENT</persName> </hi>. I am a clerk in the Issue Department of the Bank of England—on 25th October this £500 note, No. 15,499, dated 14th February, 1889, was presented to be changed—it is endorsed "H. Turner, 86"—the name of the road is punched out; "Plumstead Common, Plumstead," remains—I paid it with seven £10 notes, five tens, ten fives, and £50 in gold.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-127" type="witnessName">
<interp inst="t18900203-name-127" type="gender" value="male"/>
<interp inst="t18900203-name-127" type="surname" value="DAWSON"/>
<interp inst="t18900203-name-127" type="given" value="CHARLES JOHN STEWART"/>CHARLES JOHN STEWART DAWSON</persName> </hi>. I am a clerk in the "Woolwich branch of the London and County Bank—the prisoner Turner kept an account there—on 25th October, 1889, he paid in this £200 note.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BIRON</hi>. He has banked with us since 31st May, 1888—he gave a reference—if it had not been a satisfactory one we should not have accepted it—he always had a satisfactory balance.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. GEOGHEGAN</hi>. I have come across his signature—I do not cash cheques—I believe the endorsement on the £500 note to be his writing.</p>
<p>
<hi rend="italic">Re-examined.</hi> Another gentleman opened his account—I do not know what his balance was before he paid in the £200 note.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-128" type="witnessName">
<interp inst="t18900203-name-128" type="gender" value="male"/>
<interp inst="t18900203-name-128" type="surname" value="WRIGHT"/>
<interp inst="t18900203-name-128" type="given" value="JOHN PHILIP KEMBLE"/>JOHN PHILIP KEMBLE WRIGHT</persName> </hi>. I am a clerk in the Bloomsbury Branch of the London and Westminster Bank—this £50 note, No. 50,583, dated 13th March, 1889, was paid to the account of Mr. Ratley, on 15th November, 1889.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-129" type="witnessName">
<interp inst="t18900203-name-129" type="gender" value="male"/>
<interp inst="t18900203-name-129" type="surname" value="RATLEY"/>
<interp inst="t18900203-name-129" type="given" value="WILLIAM"/>"WILLIAM RATLEY</persName> </hi>. I am a licensed victualler in Devereux Court, Temple—I know Clark—about 15th November I received from him a £50 note as a loan—I gave him a promissory note and £1 for the accommodation—I paid the note in to my account at the London and Westminster Bank, probably the same day—I had known Clark since June or July—he acted as vendor in the business I purchased.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-130" type="witnessName">
<interp inst="t18900203-name-130" type="gender" value="male"/>
<interp inst="t18900203-name-130" type="surname" value="DOWNES"/>
<interp inst="t18900203-name-130" type="given" value="FREDERICK"/>FREDERICK DOWNES</persName> </hi> (
<hi rend="italic">City Detective Sergeant</hi>). In December I was communicated with in regard to these bonds—in consequence of instructions, I made inquiries with reference to the Chilian bond—on 9th December I went to the offices of Messrs. Carden, with Detective Taylor, knowing that Turner would be there—I saw him there—I told him we were police officers, and that a Chilian bond had been stolen and forged—he said, "That is what you say"—I said, "Where did you get it from?"—he said, "I decline to make any statement till I have seen my solicitor"—I said, "Who is your solicitor?"—he declined to say—after some little time I again said, "Where did you get it from?"—he said, "I got it from a Dr. Daley, of Brooklyn, New York; I gave him £925 font"—I said, "How did you pay him?"—he said, "In notes and gold"—I said, "Where did you get it from?"—he said, "From my bank at Woolwich"—I said, "The whole of it?"—he said, "No, about £200"—I said, "Where did you get the rest from?"—he said, "That is my business"—I said, "Have you any receipt or any document?"—he said, "No, we don't require them; you might"—I said, "Where was Dr. Daley living?"—he said he believed at the Langham Hotel, and he would be back again ho believed in April next—he said, "Is there</p>
<xptr type="pageFacsimile" doc="189002030023"/>
<p>anything more you want to know? I have told you all"—I said, "No you have not; and you may depend upon it you hare not heard the last of this"—he then said to Mr. Mayer, one of the partners, "I shall issue a writ; who will accept service for you?"—he said Dr. Daley had gone to New York, and gone some distance up the country; that he had got a horse-ranche in which he was interested—I asked him in what part—he said he could not tell me—he said he gave instructions to Clark to obtain a loan on the bond, and not to sell; that he gave him a promissory note for £945 at six months, and he was to pay interest at £45—at that time I allowed him to go; I was making inquiries about other bonds—on 10th December I was with Taylor at the Arsenal Railway Station at Woolwich, and saw Turner leave the station and go into the street—I stopped him and said, "You know us both, Mr. Turner"—he said, "Yes"—I said, "I shall have to take you back to the City; you will be charged with stealing and receiving five Alabama bonds, and forging and uttering a Chilian, portion of a parcel of £22,000 worth that were stolen"—he said, "I have nothing more to say than what I have said"—we then conveyed him to 86, Bramblebury Road, Plumstead, where he occupied one room, and Taylor searched it—I took him to Cloak Lane, Station, and charged him—he made no reply to the charge—on the morning of the 11th I was with Taylor and Burton at Peckham; I saw Clark outside Peckham Rye Station—I said, "Mr. Clark?"—he said, "Yes"—I said, "We are police officers, and you will be charged with stealing and receiving Alabama bonds for £21,000, and probably you will be charged with forging and uttering a Chilian bond for £1,000"—he said, "Yes, they passed through my hands, but it is a nice tiling to be locked up for being a man's agent!"—he said Turner had brought the Chilian bond to him, and asked him to obtain a loan on it; he knew a friend in the City of the name of Jones, at County Chambers,' Cornhill, who could do it for him, and he took it, and he afterwards wrote to him and asked him to obtain a loan or advance on the Alabamas—on taking him in the train to the City I noticed that he was very fidgety with his left-hand trousers pocket—I said, "You appear to be very fidgety with that pocket; you had better give it to me, and what is in it"—he said, "It is only my purse"—he gave it me, and I took out of it this receipt for this cheque for £50, drawn by Turner, payable to P. Clark, on 4th December on the Woolwich branch of the London and County Bank—he was taken to the City and charged—he made no reply to the charge—I searched him, and found on him a cheque-book of the Cheque Bank, and three blank cheques on different banks, and £3 19s. 8d. in money—I learnt from inquiry that he had an account at the National Bank—I have endeavoured to find some trace of Dr. Daley, but have not done so.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BIRON</hi>. It was on the 9th that I saw Turner at Messrs. Garden's—I got there before him; he came in consequence of an appointment with Carden's people—I told him I was a detective; we introduced ourselves by saying so—his first answer was, "I decline to make any statement until I have seen my solicitor," not "I got it from Dr. Daley, of New York"; I am positive of that—I very likely said before the Magistrate that that was his first answer, and the other was immediately afterwards—I have not made any inquiries about Dr Daley in</p>
<xptr type="pageFacsimile" doc="189002030024"/>
<p>America—I did not communicate with the police over there—I inquired where Turner told me to inquire.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. GEOGHEGAN</hi>. The pass-book found on dark is an ordinary pass book—it was in the pocket of the pass-book I found these three cheques, with a number of other papers—they appear to have been folded up—the stamp on one of them is "London and County Bank, 12th December, 1871"—I saw it was an old cheque—he denied all knowledge of the bond being sold outright by Mr. Jones.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-131" type="witnessName">
<interp inst="t18900203-name-131" type="gender" value="male"/>
<interp inst="t18900203-name-131" type="surname" value="HIBBERT"/>
<interp inst="t18900203-name-131" type="given" value="WILLIAM"/>WILLIAM HIBBERT</persName> </hi>. I am clerk at the Langbam Hotel, Portland Place—it is the practice there to keep a register of people stopping there—I have made inquiries as to a Dr. Daley having stopped there; I have searched the register; it is not here—I have no personal knowledge of any Dr. Daley being there—I do not make out the bills; I receive the visitors as they arrive, and give them their rooms; in that way I get to know their names.</p>
<p>
<hi rend="italic">Cross-examined.</hi> We have about 500 persons stopping there during the season—a great many Americans stop there—we have no Daley on our books.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-132" type="witnessName">
<interp inst="t18900203-name-132" type="gender" value="female"/>
<interp inst="t18900203-name-132" type="surname" value="BROWN"/>
<interp inst="t18900203-name-132" type="given" value="ELIZABETH"/>ELIZABETH BROWN</persName> </hi>. I am the wife of John Brown, of 86, Bramblebury Road, Plumstead—the prisoner Turner occupied a room there for about a year and nine months up to the time of his arrest; it was occupied as a bedroom and sitting-room combined—he paid 4s. 6d. a week—he used to be out during the day; he had no visitors.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BIRON</hi>. The furniture in the room belonged to him—he was away a good deal—I don't know where he went.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. GEOGHEGAN</hi>. I have never seen Clark visiting at Turner's.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-133" type="witnessName">
<interp inst="t18900203-name-133" type="gender" value="male"/>
<interp inst="t18900203-name-133" type="surname" value="RICHABDS"/>
<interp inst="t18900203-name-133" type="given" value="THOMAS GEORGE"/>THOMAS GEORGE RICHABDS</persName> </hi>. I am a clerk in the London County Bank at Woolwich—Turner had an account there—I have compared his account, which began on 31st May, 1888, with the bank books—this is the account; it goes down to the time he was taken into custody—the balance to his credit on 25th October was £207, including the £200—before that it was £7—the largest sum ever drawn out at one time was £150—it is my duty to examine all the cheques paid every day—I know Turner's writing—the endorsement on the £850 cheque is very different from Turner's usual signature; he always signed, "Hatfield Turner"—it has something of the same character, but it is different from his usual signature; I should think it is his writing—I think it is the same writing as the signature on the £50 cheque found on Clark.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. GEOGHEGAN</hi>. The signature to the £162 cheque does not at all resemble Turner's—I should not cash a cheque with that signature.</p>
<p>
<rs id="t18900203-197-verdict-1" type="verdictDescription">
<interp inst="t18900203-197-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18900203-197-verdict-1" type="verdictSubcategory" value="lesserOffence"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">of uttering.</hi> </rs>
<hi rend="italic"></hi> </p>
<p>
<hi rend="largeCaps">TURNER</hi>
<hi rend="italic">
<rs id="t18900203-197-punishment-19" type="punishmentDescription">
<interp inst="t18900203-197-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t18900203-197-punishment-19" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-197-18900203 t18900203-197-punishment-19"/>Ten Years' Penal Servitude.</rs> </hi> </p>
<p>
<hi rend="largeCaps">CLARK</hi>
<hi rend="italic">
<rs id="t18900203-197-punishment-20" type="punishmentDescription">
<interp inst="t18900203-197-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t18900203-197-punishment-20" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-197-18900203 t18900203-197-punishment-20"/>Eighteen Months' Hard Labour.</rs> </hi> </p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Wednesday, Thursday, and Friday, February 5th, 6th, and 7th,</hi> 1890.</p>
<p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t18900203-198">
<interp inst="t18900203-198" type="uri" value="sessionsPapers/18900203"/>
<interp inst="t18900203-198" type="date" value="18900203"/>
<join result="criminalCharge" id="t18900203-198-charge-1" targOrder="Y" targets="def1-198-18900203 t18900203-198-offence-1 t18900203-198-verdict-1"/>
<p>198.
<persName id="def1-198-18900203" type="defendantName">
<interp inst="def1-198-18900203" type="gender" value="male"/>
<interp inst="def1-198-18900203" type="age" value="60"/>
<interp inst="def1-198-18900203" type="surname" value="ASHWIN"/>
<interp inst="def1-198-18900203" type="given" value="THOMAS SMITH"/>
<hi rend="largeCaps">THOMAS SMITH ASHWIN</hi> (60)</persName>
<rs id="t18900203-198-offence-1" type="offenceDescription">
<interp inst="t18900203-198-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18900203-198-offence-1" type="offenceSubcategory" value="bankrupcy"/>, Unlawfully, after being adjudged a bankrupt, failing to discover to his trustee all his property.</rs> </p>
<xptr type="pageFacsimile" doc="189002030025"/>
<p>
<hi rend="smallCaps">MR. FORREST FULTON</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. DENNIS</hi>
<hi rend="italic">Prosecuted, and</hi>
<hi rend="smallCaps">MR. CHARLES</hi> </p>
<p>
<hi rend="smallCaps">MATHEWS</hi>
<hi rend="italic">Defended.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-135" type="witnessName">
<interp inst="t18900203-name-135" type="gender" value="male"/>
<interp inst="t18900203-name-135" type="surname" value="L'ENFANT"/>
<interp inst="t18900203-name-135" type="given" value="CHARLES"/>CHARLES L'ENFANT</persName> </hi>. I am an officer of the Bankruptcy Court—I produce the file of proceedings in the bankruptcy of Thomas Smith Ashwin, it contains the shorthand notes of the evidence taken in the matter—I also produce the file of proceedings in the bankruptcy of John Errington French.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-136" type="witnessName">
<interp inst="t18900203-name-136" type="gender" value="male"/>
<interp inst="t18900203-name-136" type="surname" value="SNELL"/>
<interp inst="t18900203-name-136" type="given" value="GEORGE BLAGROVE"/>GEORGE BLAGROVE SNELL</persName> </hi>. I am official shorthand writer to the London Bankruptcy Court—the shorthand notes attached to the proceedings were taken by me; they are correct.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-137" type="witnessName">
<interp inst="t18900203-name-137" type="gender" value="male"/>
<interp inst="t18900203-name-137" type="surname" value="BALL"/>
<interp inst="t18900203-name-137" type="given" value="JOHN BALL"/>JOHN BALL BALL</persName> </hi>. I am a chartered accountant of the City of London—the petition in the defendant's bankruptcy is dated September 9th, 1885; it was filed on the 22nd, the adjudication was on October 1st—I put certain questions to the bankrupt, which are called requisitions; they are attached to the depositions, and are dated May 5th—the answers dated May 8th are in the defendant's writing—the petition was presented by Mr. Mathews, of Weymouth County court—the assets are £3 15s., the gross liabilities are £18,571 7s. 10d., creditors fully secured £870—the proceedings were transferred to the London Bankruptcy Court by some creditor in London—in answer to the third question in the requisition, the bankrupt produced to me the account A B C D, showing what became of the £4,489 2s. 6d. and other sums which he received from the Members' Mansions—it is signed John Errington French and Thomas Ashwin—they appear to have been signed in the same ink, at the same time—on 6th July, 1&87, an order was made by Mr. Registrar Giffard, for an account to be filed between the defendant and French—this is the account (
<hi rend="italic">produced</hi>)—it first sets out the figures in the A B C D account, and then adds something—the total amount of further money due to French is £1,379 14s. 7d., and another sum of £110 put on the wrong side—that leaves a balance of £2,104 5s. 9d. due to French—this account gave me for the first time the particulars of expenditure—I caused investigations to be made with regard to the persons whose names are mentioned there, to whom payments were made, in consequence of which I had certain questions put to the defendant—on September 11th, 1886, we got these further particulars (
<hi rend="italic">produced</hi>) from the defendant, dated August 11th, in which he gave particulars of advances made by French to him, amounting to £2,200—in consequence of the statements made in the account A B C D, that he had spent £4,000 on behalf of French, I brought an action against French—paragraph 2 states that Mr. French holds the deeds for advances made to him by Solomon, and the judgment orders French to deliver them up to the trustees in bankruptcy—they have not been handed to me; the costs have been taxed at £159, and have not been paid, and therefore I took bankruptcy proceedings against French—a receiving order was made by Mr. Registrar Linklater; that was appealed against, but decided against Mr. French—I took proceedings against French for not delivering up the deeds, and affidavits were made by me and by Mr. French—on 31st October, 1889, Mr. Justice Cave issued a writ against French, for not delivering up the deeds—on the 3rd September, 1889, a clerk who I had not seen before called and made a statement to me—I do not know who he was; he saw me again on September 11th.</p>
<p>
<hi rend="italic">Cross-examined,</hi> The first requisitions were accompanied by copies of</p>
<xptr type="pageFacsimile" doc="189002030026"/>
<p>the accounts between Ashwin and French—those accounts are the same as A, B, 0, D, so far as the figures are concerned—account B shows a balance against the defendant of £2,059 11s. 6d.; in account C an item of £600 occurs—£1,400 is mentioned on the other side, and the balance is carried out—on 11th August I put further requisitions to the bankrupt, which he answered, filing a more detailed account—a cash account was given to me of all money expended by Mr. Ashwin for five years prior to October 1st, 1885—in the account of 30th September, 1884, I find" by cash for sale of furniture and effects, £110"—he was examined by Mr. Hayes, of the firm of Newman, Hayes and Co., and I believe he produced the original of the accounts A, B, C, D, each signed by French and by Ashwin—I was examined before the Magistrate, but was not asked my opinion whether the documents were signed at the same or at different times, this is the first time I have been asked—the accounts B, C, and D were all signed after the year they bear date; they represent true accounts—on the second examination in bankruptcy on 20th December, 1886, he was again cross-examined by Mr. Hayes—on June 8th, 1887, the creditors were represented by Mr. Dennis—the order was made that he should file a supplementary account—I believe Mr. Thomas Hugh Horwood, of 67, Chancery Lane, was examined as a witness—he was said by Mr. Ashwin to be the solicitor who acted for Mr. French in 1884—the bankrupt said that he had deposited the deeds of the Wimbledon and Canning Town property with Mr. French, as security for advances which he had made—I believe he stuck to that story, but the examinations were voluminous, and there were contradictory answers in some places—he said that his brother Stephen died at the end of 1886—he was a solicitor, in partnership with Mr. Ashwin—they had some disagreement, and parted company, and Mr. Stephen Ashwin claimed the deeds as his property as the legal owner—I have some recollection that Mr. Rymel obtained the property—the thing has been so complicated that I cannot recollect; his name is familiar to me as a gentleman said to have some claim on the property—there has been a claim by the executors of Stephen Ashwin, which was followed by a compromise made by me with regard to the property—Mr. Horwood came to my office after the committal, and produced a cheque to me for £1,170 5s. 5d., dated 29th October, 1884, payable to French's order, and endorsed by him, drawn to T. U. Horwood on Sir Samuel Scott's bank—a judgment was obtained by French against Ashwin on 19th November, 1884, for the balance of the account of £800 14s. 2d.—in the action against French in 1886. judgment was given against French, with costs—the costs were not paid, and I served French with a notice in bankruptcy, and got a receiving order—I did not see him till he attended as a witness at the Police-court, and he told me nothing personally—I swore an information, and no doubt I said that I was informed that French said that he had never had a penny from Ashwin in his life—I first saw Biddle at the Police-court, he never made any statement to me till he was called as a witness; I believe he made it to my solicitor—I believe there is an affidavit in existence stating that the deeds were in the possession of Thomas Smith Ashwin, and that Biddle had seen them in a bag in Ashwin's hand on the first day of the trial of Ball
<hi rend="italic">v.</hi> French, and that Ashwin asked him to go into the box and produce them on behalf of the present holder—the first I heard of John Silvanus Tanner was</p>
<xptr type="pageFacsimile" doc="189002030027"/>
<p>when he appeared as a witness—he was not to my knowledge in communication with Newman, Hayes and Co. as far back as 1887.</p>
<p>
<hi rend="italic">Re-examined.</hi> This is the affidavit (
<hi rend="italic">This was made by John Henry Biddle, managing clerk to Nicholas Bennett, stating that he was asked to produce the deeds, but declined to do so, and that Mr. Ashwin was put into the box just before the rising of the Court, but did not appear the next morning. The proceedings in French v. Ashwin were also put in; also a judgment for</hi> £826 2s. 6d. and £4 14s.
<hi rend="italic">costs</hi>)—I think the defendant, in his examination, admitted that at the time judgment was signed against him French was staying with him at a hotel in Canning Place, Kensington. (
<hi rend="italic">Portions of the bankrupt's examination were here put in.</hi>)</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-138" type="witnessName">
<interp inst="t18900203-name-138" type="gender" value="male"/>
<interp inst="t18900203-name-138" type="surname" value="MARKS"/>
<interp inst="t18900203-name-138" type="given" value="JOHN ALFRED"/>JOHN ALFRED MARKS</persName> </hi>. I am sub-manager of the Cheque Bank, Limited—I produce a copy of the defendant's account there—it is correct—it was opened in July, 1884, and between then and January, 1885, £200 6s. 4d. was paid in, less £26 5s., for which credit was given on an unused cheque that amount was drawn out on February 28th, 1885, leaving £6 12s. 2d.—when the account was made up £770 12s. 4d. was the balance on the credit side, less about £12, which was exhausted except £3 2s. 3d. on the same date—the account then ceased, and was opened again on 14th January, 1888, and he is credited with £742 4s. 10d. up to February, 1889, when the balance in his favour was £3 1s. 3d., and from March, 1889, to October, beginning with the balance of £3 1s. 3d., he is credited with £1,358 0s. 8d., less one or two small items—that has been exhausted, the last payment' out being £14 10s. on 3rd January this year, except £5 19s. 1d., his present balance—I also produce a copy of the banking account of John Errington French, from October 30th, 1884, when there was a payment in of £1,170 5s. 3d.—on 23rd January, 1885, £23 16s. 6d. was paid in, making £1,194 1s. 3d.—the whole of that money, except 3s. 7d., was drawn out in various sums up to 26th February, 1885.</p>
<p>
<hi rend="italic">Cross-examined.</hi> We seem to have given the trustee a copy of Ashwin's account on January 15th, 1890; we had been in communication with him two months before that, speaking from memory—I think it is only a few days ago that we had a communication with the trustee with regard to Mr. French's account—we only issue cheques for the amount we have in hand—we issue the forms, and the customers draw the cheques—they have a limited sum on them; £20 is the maximum—£320 was paid in on 25th September, 1889, and drawn out by cheque on the 27th—£381 5s. was paid in on 8th October, and drawn out in one cheque in November—we issue a banker's draft on the Bank of England for larger sums than £20, and our forms are not used;
<hi rend="smallCaps">
<persName id="t18900203-name-139" type="witnessName">
<interp inst="t18900203-name-139" type="gender" value="male"/>
<interp inst="t18900203-name-139" type="surname" value="BIDDLE"/>
<interp inst="t18900203-name-139" type="given" value="JOHN HENRY"/>JOHN HENRY BIDDLE</persName> </hi>. I am managing clerk to Nicholas Bennett, a solicitor, of 2, Gresham Buildings—he acted as solicitor for the defendant in Ball and French—I had the sole conduct of the matter in chambers—there were a great many proceedings, interrogatories, discoveries, and three or four appeals—I received instructions from Mr. Ashwin, and never set my eyes on Mr. French up to the day of the trial before Mr. Justice Cave, on 23rd and 24th May—I received from Mr. Ashwin the money for paying costs and counsel's fees, and filing affidavits and Court expenses—the affidavits and everything were settled by him—I either fetched them or they came back to me, and I had them answered and sent them to Geneva, where I was told Mr. French was residing, and</p>
<xptr type="pageFacsimile" doc="189002030028"/>
<p>they came back sworn before the Consul, and in other cases signed by him, and they had a seal on—the trial came on on 23rd May, and the plaintiff's case came to an end shortly before four p.m.—Mr. Jelf, Q. C., was our counsel, and Mr. Justice Cave ruled that there was a case for us to answer—I did not see Mr. Ashwin go into the box—it being four o'clock, the case was postponed to the next morning—we ought to have put Mr. Ashwin into the box the next morning—he was there, but Mr. Jelf advised that it would not do for him to go into the box, for they would get it all along the line, and Ashwin said, "We want to get these deeds in; I will put Biddle into the box"—that was me—I was to be put into the box to produce the deeds—I did not see the deeds, but he had a bag, and lifted it up—when it was suggested that I should go into the box he handed up a bag to go with me, but I refused, as my junior counsel advised me to have nothing to do with it—Ashwin did not go into the box, and he took the black bag and deeds away with him—he was in Court during the trial behind my junior counsel—he had the bag both days—the result of it was that nobody appeared, and judgment was given in favour of Mr. Ball, and against us—a letter was received at the office from Ashwin about a fortnight after the action—I have made diligent search for it, and cannot find it—it was addressed to—Biddle, Esq.—I recognised Ashwin's writing—he said, "Ask Mr. Bennett if he knows anybody who will make an advance on these deeds"—those were the deeds of the property at Wimbledon and Canning Town—I found out on the day of trial that Mr. French was a man of straw, but Mr. Ashwin said that he was a man with £500 a year—he is the person who instructed me in Ball and French; he drew the brief for counsel—having discovered that French was not a man of large means, I attended the solicitors to see if an arrangement could be come to, and said to Ashwin, "If you give me the deeds I can get my costs;" he walked up and down, and said, "Suppose I have not got the deeds, or suppose the deeds are not here; "I always supposed they were in France with Mr. Toufflet—by an affidavit of documents it said they belonged to Toufflet—the whole of this letter (
<hi rend="italic">produced</hi>) is Mr. Ashwin's writing, it says, "Dear Sir, Mr. Biddle promises me faithfully to let me have the documents relating to Mr. Toufflet"—Mr. Ashwin had called at the office and wanted to see what Mr. French had sworn to; I could not find the document, and sent him the draft—in the meantime I received that letter to Mr. Bennett, and opened it—on 26th October, 1889, this telegram was received at our office, purporting to come from Toufflet. (
<hi rend="italic">The original was here produced</hi>)—I do not know this writing, but it is certainly not Ashwin's.</p>
<p>
<hi rend="italic">Cross examined.</hi> Mr. Bennett is not here—I have been a solicitor, but was struck off the Bolls for misappropriating money—that was 16 or 17 years ago—subsequently to that there were criminal proceedings against me by a railway company—Mr. Ashwin promised Mr. Bennett that he would be responsible for counsels' fees in this matter; I heard that—I knew Simmonds as connected with Ball and French—this is Mr. Bennett's signature to this letter, the body of it is his also—Ashwin attended the trial on the morning of the 24th for a few minutes; he came in and went out again; Mr. M. Daniel was not there alone—Mr. Ashwin did notsay, "If those deeds are produced out of the custody of a third person how will that help me?"—this was a black brief bag, I only saw the out-side</p>
<xptr type="pageFacsimile" doc="189002030029"/>
<p>of it—he had it with him on both days—I have never sworn that I saw the deeds in his possession—I have been in communication with Newman, Hayes, and Co. four or five months—I never saw the deeds—the brief bag was closed the whole time I saw it—I did not swear that I had actually seen the deeds in his possession—he said in so many words that he wanted me to go into the witness-box and swear that they were the property of the party who had parted with them—I was not asked that before—Ball and French having failed, I went into negotiations for the purpose of getting my costs—I found out that Mr. French was a man of straw, and on my own authority I went and made that proposal, stating that the deeds would be returned if they could be recovered—that was done on my authority.</p>
<p>
<hi rend="italic">Re-examined.</hi> I communicated that fact to Ash win—I have known him a good many years—I knew him before I was struck off the Rolls—he knew I was clerk to Nicholas Bennett before the proceedings with Ball and French, because I had business in the Temple acting for Mr. Bennett—he knows all about my history—I swore the paragraph which has been read.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-140" type="witnessName">
<interp inst="t18900203-name-140" type="gender" value="indeterminate"/>
<interp inst="t18900203-name-140" type="surname" value="BOSS"/>
<interp inst="t18900203-name-140" type="given" value="TYRRELL EDWARD TINTON"/>TYRRELL EDWARD TINTON BOSS</persName> </hi>. I was a captain in the Australian cavalry—I first became acquainted with Mr. Ashwin, I think, at the end of 1880—I was introduced to him by the Count de Croy—he said, I think in the spring of 1881, that he was buying the Members' Mansions, he had made some arrangement with a friend to buy them in his name; he said at the last moment that his friend had declined to go on as he thought there was some risk, but he assured me there was no risk—I said that if it was of any use to him, he was very welcome to use my name, and he accepted that; he told me there was no risk—he did not mention a client—he said he could put business in my way if I would help him and come up to town for the purpose, he would pay £100 a year towards my expenses—I did business for him, and received £100—on June 23rd, 1881, I went with him to the office of the Land Security Company and executed some deeds—the first was a deed of purchase of the Members' Mansions from the Midland Land Company; I believe the nominal sum was £68,000—the second was a first mortgage by me to the Provident Life for £55,000; that was not in addition to the £68,000—the third was a second mortgage by me to the Midland Land Company for £11,250—there was also a mortgage of £42,000 to the Land Security Company—I saw money pass from the Provident Life Company to the former mortgagees—saw a £1,000 note pass—in October Ashwin asked me to find some one who would lend some more money on mortgage—letters passed, but I did not find a purchaser—I employed a surveyor, who called upon me for payment—I communicated with Ashwin, and in consequence of his answer I went to see him, and he told me I was responsible for the interest on the £55,000 and everything else—he had made Mr. Ivory the manager, and I signed the papers—when he said that I was liable I objected very strongly, and asked him for an indemnity—he declined, and said that I had done it for a consideration, £100—I went to my solicitors, Messrs. Lumley, and joined Mr. Ivory as a co-defendant—previous to that action I received a notice from the Provident Life office to pay interest—I did not tell Ashwin that I had no property—the action resulted in a judgment in my favour for an indemnity, and</p>
<xptr type="pageFacsimile" doc="189002030030"/>
<p>the case went to the Court of Appeal—on 5th July, 1885, it was finally settled in my favour—I was present—Ashwin went into the witness-box—I never heard the name of Toufflet in connection with the Members' Mansions—he said that he had bought the Chateau La Rochebeaucourt, which was a very large property, and the vendor paid over £10,000 for the conveyance—on 5th November, 1884, Mr. Banks got a judgment against me on the second mortgage, and I brought an action for the indemnity, and got judgment on June 13th, 1885, against Ashwin for £9,769 18s. 11d.—I have never been paid any of that—the appeal was taken long before I knew Bompas—I left the Australian service in 1868—I was to have £100 a year as long as the connection lasted, but it had nothing to do with this—I first heard of the Members' Mansions transaction in 1881—I heard the name of French about the same time, but not in connection with the Members' Mansions—I never heard that there was an objection on the part of Mr. Ivory to the putting forward the name of French in this matter—I do not remember saying to Mr. Ashwin, "It does not much matter to me whether it is £5,000 or £5; I cannot pay, and I can sooner pay £5 than £5,000'—it was not for services rendered, it was for expenses, and it was not sufficient to cover them—it was never explained to me that the covenant in the deed made the mortgagee responsible to the mortgagor—he did not tell me that French was the principal in this matter—I never said that I had a friend who would buy—General Ripley, of the American service, was not going to buy, but I brought them together, and they spoke about it—the surveyor was not brought on the scene as a person who would assist in raising funds—I am sure General Ripley was not connected with that, as far as a man can be when it is eight or nine years ago—I know the Count de Croy—he was over here in 1880—I am not sure whether he was here in 1881—he was acting as agent for the Prince de Béarn.</p>
<p>
<hi rend="italic">Re-examined.</hi> In the action for indemnity against Ashwin he did not go into the box as a witness.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-141" type="witnessName">
<interp inst="t18900203-name-141" type="gender" value="male"/>
<interp inst="t18900203-name-141" type="surname" value="GRAHAM"/>
<interp inst="t18900203-name-141" type="given" value="WALTER"/>WALTER GRAHAM</persName> </hi>. I am an architect, of Ayr Street, Piccadilly—in 1881 I was engaged for Mr. White in erecting houses at Manor Park Estate, Finchley—the builder, James Boucher, who undertook the contract, failed, and Ashwin, the defendant, advanced £1,000 to Carter, the successor of Boucher, who was to finish four houses, and Lond six—when the £1,000 was exhausted, the houses were still unfinished, and I advanced £750 to complete them—Ashwin was to get a second mortgage to cover my advance, but he did not; he repudiated it—I ultimately obtained a mortgage from a third party—on 4th December, 1884, I received this notice. (
<hi rend="italic">This was signed John Js. French, stating that the houses</hi> 1
<hi rend="italic">to</hi> 19,
<hi rend="italic">Manor Park, Finchley, were transferred and assigned to him far a debt of</hi> £12,000)—that was the first time I ever heard of French in the matter—I never owed Ashwin a penny; it was the other way—a writ was served on me on 31st December, and I entered an appearance, but never heard any more of it—Thomas Hugh Horwood, of Chancery Lane, was the solicitor.</p>
<p>
<hi rend="italic">Cross-examined.</hi> No doubt Ash win's advances were between July and December—they went on into 1882, between January and June—the time came when I wanted a second mortgage there being already a first—I applied to Ashwin to get it for me, and he told me he could not.</p>
<xptr type="pageFacsimile" doc="189002030031"/>
<p>
<hi rend="italic">Re-examined.</hi> In the course of 1881 and 1882 some of Ash win's cheques for payment of wages passed through my hands; Carter £25, Lond £25; those are the builders.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-142" type="witnessName">
<interp inst="t18900203-name-142" type="gender" value="male"/>
<interp inst="t18900203-name-142" type="surname" value="TANNER"/>
<interp inst="t18900203-name-142" type="given" value="JOHN SYLVANUS"/>JOHN SYLVANUS TANNER</persName> </hi>. I live at Wimbledon—I once lived at Clapham; I made Ashwin's acquaintance in 1886; I was laid up with rheumatic gout in bed, and Mr. Ashwin visited me between July and October, 1886—he lived at Upper Park Place, Richmond, and walked over to Wimbledon—in January, 1887, I saw him at my house, and I believe he said he was going to Liverpool; he subsequently brought a brown paper parcel, and asked me to take great care of it, as it contained deeds of property, and put it in my tin deed-box—he said property at Wimbledon and in Kent—I put them in my deed-box; he returned a week or two afterwards, and I handed them to him—while he was away I sent to his house nearly every day for letters, at his request, and which I forwarded to him; he occupied a house with his wife and servants—I went there one day while he was away, and found a man in possession, and the furniture was removed under a bill of sale, and sold by auction—about that time he asked me to take over a claim on the Members' Mansions, and sue upon it; and after several long interviews, I agreed to do so—this (
<hi rend="italic">produced</hi>) purports to be an assignment to me of a debt of £450, due from Ivory to French, on the furniture at the Members' Mansions, and also an account for the balance which might be found to be due—I believe that was executed—I never saw French Mr. Ashwin gave me the deed, and it purports to be signed by French—that deed recites several deeds—Several other document were handed to me at the same time, all in connection with the same thing—when Ashwin put that assignment before me I wrote this cheque for £50 in favour of J. E. French, and cave it to Ashwin—he took it away; he asked me to do so to pass it through the bank to show the transaction—it was payable to French's order, and he brought it back to me endorsed by French—I did not pass it through the bank; it has never been through—I gave notice to Mr. Ivory; that was signed at the same time, and bears the same date Ashwin brought it to me to sign, and I gave it back to him—I was to sue Ivory, and Ashwin and I were to have the proceeds if recovered—I never saw French till I saw him at Bow Street the other day—I had an office in Chancery Lane from 1884, which Mr. Ashwin and his clerk, Mr. Clark, occupied with me, but Clark was at Liverpool the greater part of the time—we carried on business there from April to September—I carried on my own business, and Mr. Ashwin and Mr. Clark formed brewery companies—up to the time I left, Clark remained there in conjunction with Ashwin, and I have seen them together frequently since I left—when Ashwin was away Clark acted as his agent entirely, and I found the money for the office—I left the others to do the work.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I am manager of the Central General Press Agency, Duke Street, Adelphi, and have been so since 1888, when I left Chancery Lane—when I was at Chancery Lane I was writing for the Press and visiting the agency, which was then carried on at 69, Chancery Lane—I did not first know Ashwin by applying to him for assistance as a solicitor—I was borrowing money from a Mr. Matthews, and never knew him till I saw him sitting in Mr. Matthews' office—the deeds he gave me at Wimbledon were tied up with about thirty pieces of string, and there</p>
<xptr type="pageFacsimile" doc="189002030032"/>
<p>were twenty-five or thirty seals on it; there were two other persons present—he said that they were deeds of the Wimbledon property, because Wimbledon had been discussed on two occasions between us—I have been in the witness-box several times, and I imagine I have been believed—I have never been convicted in my life—I have had two false charges brought against me—no charge was brought against me at Winchester—I was never there above twice in my life, and this was not one—I gave evidence last year, before Justice Stirling, on behalf of Captain Barnett, who was suing the executors of Sir Richard King, his brother-in-law, to recover some money under a deed of gift—I was examined and cross-examined, and several counter-foils of Sir Richard King's cheques were produced, and a number of cheques, many of which were in the name of Mrs. Hill, who was a daughter or Captain Hill; she had the honour of being my wife for two years—these cheques were not given to her between 1882 and 1884—none of them were paid into my account—I saw them for the first time in Court—I did not admit before Justice Stirling that they had been paid into my account—there was an account in the
<hi rend="italic">Telegraph</hi> and in the
<hi rend="italic">Star;</hi> I am bringing an action about it—I did not admit that one
<hi rend="italic">of</hi> those cheques was paid into my account; that was a cheque of D. W. Hill's—it was alleged that the cheques were paid to Mrs. Hill, on account of a child, but it was nothing of the kind; she was not living with me at the time they were paid to her—the allegation was not made that they were for her claim about the child, but they pay the executors of the late Mrs. Tanner, alias Hill, a sum of money for making that allegation, I have heard that from different sources—the plaintiff did not succeed, on the ground of bankruptcy, but the deed was substantiated—I indicted a man named Laporte for libel; I was cohabiting with his daughter; he had already been in prison for libel; the allegations were that I was a man of infamous repute—it was said that I had committed every crime in the Decalogue, and more than that—I did not get into the box when the case was called on; I was subpœnaed by the
<hi rend="italic">Star</hi> people, but was not called—the man was acquitted because a witness was not there; and his bail was estreated—I was ready to get into the box—the man ran away for twelve months; his daughters were there, and their husbands—I know Laporte's writing; I do not know why I did not got into the box and prove it; I was in the hands of my counsel; I asked the Judge, and I wished to go into the box—I never got money from Mrs. Gordon Baillie, and never paid money to her—I have paid accounts to her with Sir Richard King's money—she was tried before my Lord, and sentenced to five years' penal servitude—Mr. Ashwin went to Liverpool in 1887, but he used to come up over fortnight and go back—I have never boon bankrupt, and never was charged with fraudulent bankruptcy—Laporte did not charge me—I have said, "I know a man named Laporte, he accused me with fraudulent bankruptcy;" he wrote that he accused me—I have been charged with forgery, and there was a charge made of indecent assault, but it was withdrawn, and the Magistrate said that it ought not to have been brought; the child was my own daughter, who was suffering from hip disease and had splints on—she did not accuse me, but the nurse did and the mother—I did not open a banking account in the name of Laporte, I opened one for him, he went with me—I never gave a cheque which was dis-honoured,</p>
<xptr type="pageFacsimile" doc="189002030033"/>
<p>nor did he—Laporte's cheque was not given to a fishmonger in Wimbledon and dishonoured, nor was I threatened with criminal proceedings—I knew Ashwin's mother before I went to Richmond, and it; was at her suggestion that I went there to take her house—this is my £50 cheque; it was not accepted in my account in payment for the handing over of the deeds, the understanding being that any balance to French should be paid by me afterwards—Mr. Ashwin did not apply to me for the return of this cheque, it coming back dishonoured; it never went into the bank—Ashwin did not demand the deeds, finding that the cheque would not be paid, nor did I refuse to have them back; he might have had them if he had asked for them—he did not have them returned to him; was occupying my office months and months after that transaction—I never heard that he charged me with obtaining the deeds by fraud; when he learnt that the cheque would not be paid, he forged my name to a cheque, and I charged him—I was at 69, Chancery Lane eighteen months; I took the premises at Ashwin's instigation, for the benefit of him and Clark; I paid the rent and all the expenses.</p>
<p>
<hi rend="italic">Re-examined.</hi> They left in September, 1887, but I remained much longer—they left at my instance; I locked the door against them, and told them not to come again—there is a copy of my letter in the letter book—I met Ashwin in the street afterwards, but the friendly interviews ceased some time prior to that—the charge about the girl was dismissed by the Magistrate, who said it ought never to have been brought at all—I was charged here with forgery, and acquitted, and the man who charged me afterwards admitted, in the Queen's Bench, that he had forged it. (
<hi rend="italic">Mr. Ball's affidavit was here put in.</hi>)</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-143" type="witnessName">
<interp inst="t18900203-name-143" type="gender" value="male"/>
<interp inst="t18900203-name-143" type="surname" value="YARNOLD"/>
<interp inst="t18900203-name-143" type="given" value="WILLIAM"/>WILLIAM YARNOLD</persName> </hi>. I am managing clerk to Newman, Hayes, and Co., solicitors, acting for the Treasury—I produce an order, made on 7th November, 1889, by the High Court of Justice, for the prosecution of the defendant—we wrote to French on 27th May, and received a letter on the 30th, purporting to come from him, and dated the 29th—on 28th October, 1889, we received the envelope, two letters, and a memorandum, which are attached to the depositions—the memorandum is Mr. Ashwin's writing—one of the letters is a notice, dated 24th October, 1889, requiring the attendance of a witness on the bankruptcy petition—that was sent out by our firm to Southsea, which was supposed to be French's address; the other is a letter written by me, giving notice to French that the case had been restored to the Judge's paper—I have not seen French write, but I have compared this letter with his answers to the requisitions, which are admitted to be his writing—it says, "Mrs. French having left England, it is thought better to return the two letters to the address on the envelope"—they were enclosed unopened in another envelope, and that was written on a separate piece of paper—the envelope is the same writing as the other, Mr. Ashwin's in my opinion—I also produce six letters in Mr. Ashwin's writing, to a person named Riches, who handed them to me for the purpose of the action of Ball
<hi rend="italic">v.</hi> French, and used in the case—I have an original letter here, sent by Toufflet; the one attached to the deposition is a mistake; the original is in French—I cannot say whose writing it is, it is dated 2nd October, 1889, and is addressed to Mr. Ashwin—I saw Mr. Biddle when he called with regard to the settlement of the action on terms.</p>
<xptr type="pageFacsimile" doc="189002030034"/>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-144" type="witnessName">
<interp inst="t18900203-name-144" type="gender" value="male"/>
<interp inst="t18900203-name-144" type="surname" value="FRENCH"/>
<interp inst="t18900203-name-144" type="given" value="JOHN ERRINGTON"/>JOHN ERRINGTON FRENCH</persName> </hi>. I live at Stafford Road, Southsea—I first became acquainted with Mr. Ashwin in 1878, in France—I was introduced by Mr. Riches, and went to Paris with Mr. Ashwin, as interpreter and translator; we went to St. Gaudens about the winding-up of his affairs; he was a porcelain manufacturer there—it was sold by auction, and bought in my name; Mr. Ashwin found the money, about 50,000 francs—the Chateau La Rochebeaucourt was sold belonging to the Prince de Béarn at Mr. Ashwin's request—it was estimated at 5,000,000 francs,£20,000; the deeds were made out in my name, but the money was never paid—the Prince's secretary or agent earned on the negotiations, I had nothing to do with it beyond lending my name; they did not require an interpreter—documents were signed at the request of the Count de Croy and Mr. Ashwin—I was not consulted as to the terms, or as to whether it should be purchased or not—I only lent my name to Mr. Ashwin—I did not authorise Mr. Ashwin to purchase Lonsdale Chambers, Chancery Lane, from the Midland Land Company—I was abroad—I heard something about it at the time, but did' not know what was going on—there was a suggestion to change those chambers for the Prince's property at La Rochebeaucourt—I did not receive or pay any money in respect of any of those transactions—my private means were very small; I could not afford to spend any—I had practically no means, but my wife had a little money—Mr. Ashwin furnished me with money for travelling expenses, and when he has called me to England to stay in his house I have had £1, and the last day I saw him he handed mo £2, which I have not had an opportunity of returning to him—I was to go to Dieppe—I had nothing to speak of more than my travelling expenses—I came to London three times for him; once from St. Omer, and also from Geneva—I first heard the Members' Mansions mentioned when I was on a visit to him in London—I did not authorise him to purchase the Members' Mansions for me; I had nothing to do with the transaction—he never told me he had received £4,489 2s. 6d, for me in respect of the Members' Mansions—this account between Thos. Smith Ashwin and John E. French began, "By cash from the Members' Mansions, £4,489 2s. 6d.," and at the bottom of it is put, "This account examined, and found correct, J. E. French, Thos. Ashwin"—that was sent to me at Geneva, with one or two other papers, and I signed them; I thought they were all right; I had every confidence in Mr. Ashwin, and signed them at his request; and the second, third, and fourth accounts in the same way on different occasions at intervals—I did not know that Mr. Ashwin received £600 for me in respect of the Members' Mansions, or £163 15s. 2d.—I know nothing about all these payments out on the right-hand side of the account—I did not authorise any of them—I did not agree costs and expenses at £750—I have never had a bill of costs from Ashwin, or a claim of any sort, or any of the items for costs—I do not know Taylor, Carter, or Lond—I did not purchase Mr. Ashwin's interest in the business of Ashwin and Company, agricultural implement makers, of Stratford-on-Avon, for £1,400—Mr. Ashwin did not give me a cheque for £100 on January 24th, 1883, or one for £200 on 2nd March, 1883—though I signed papers agreeing the balance, I know nothing about them; I did not read the items—I was living in Switzerland in September, October, and November, 1884—I</p>
<xptr type="pageFacsimile" doc="189002030035"/>
<p>have stayed with Mr. Ashwin at his house, 4, Canning Place—I do not remember the date; but the furniture was given up to me, and supposed to be sold to me, in the presence of Mr. Ashwin and Mr. Horwood, the solicitor—Ashwin handed me a chair as a token—I forget the exact words, but he said, "This is your furniture"—I paid him nothing for it—I had not £100 to pay for it—I do not remember a document being signed in connection with it, but perhaps there was——I have signed many documents at Mr. Ashwin's request—I have not refused to sign any—I always believed everything was straightforward and honourable, and there being no suspicion in my mind I signed them—I did not, while I was staying in Mr. Ashwin's house, authorise Mr. Hammond, a solicitor, to bring an action against Ashwin for £800 with interest, the balance of these four accounts, nor do I know that such an action was brought or that judgment was given in my favour for £814 and interest—Mr. Hammond sent me in a bill of costs, to my great astonishment, and I sent it to Ashwin at once; he did not send it back to me, he wrote to say that I need take no notice of it, it was all right—I have not got the letter; when I left Geneva all the letters were burnt; I never thought they would be of any consequence; they were very short friendly letters—I did not, on 17th February, 1885, lend Mr. Ashwin £25, nor did I between the last account and the present time advance to him £1,379 14s. 7d., or any part of that sum—he owes me nothing—I know nothing of the notice in the depositions, dated 3rd December, 1884, signed John E. French to Walter Graham—I signed this as I signed other papers—I have no recollection of signing it, but I recognise my signature—I did not authorise Mr. Horwood to issue a writ against Mr. Ashwin for £1,200, nor did I know that he had done so—he did not hand me deeds relating to property at Alexander Terrace and Road, Wimbledon, and Elizabeth Street, Canning Town; I never saw them; I first heard about them when I came to England a year ago, and I never had possession of them, and have never seen them that I know of—it is not true that I advanced him £1,200 upon them; I never had £1,200 to advance—I had a writ served on me at Geneva, in the action of Ball
<hi rend="italic">v,</hi> French; I sent it back to Mr. Ashwin, as I did every paper I received, because the affairs were all in his hands, not in mine; I knew nothing about them; he had made no communication to me what I was to do with documents—I did not instruct him to retain Mr. Ben Bennett, the solicitor, to act for me, nor did I know till last year that he was defending—I did not pay any money towards the expenses of this action—these documents (
<hi rend="italic">produced</hi>) were sent to me at Geneva, and I signed them; two of them were sworn there—I received this paper (
<hi rend="italic">produced</hi>) by post, written out as it is—I did not alter it in any way—I have nothing to do with drawing it up—I sent it to the Consul, swore it, signed it, and sent it back to Mr. Ashwin—I signed all the documents sent to me in a similar manner—I read them without understanding them—it was very foolish—I was asked to send them back by return of post, and I did so—I thought it was all right, I relied on Mr. Ashwin, I had the confidence in him of a brother—I never heard of an action being brought against Ashwin by Captain Boss in respect of the Members' Mansions, or that Ashwin said that the Members'</p>
<xptr type="pageFacsimile" doc="189002030036"/>
<p>Mansions were purchased for me; I never saw any details of that action—when the action of Ball and French was decided against me Newman, Hayes, and Co. wrote me a letter of 27th May, 1889; I sent it to Mr. Ashwin, not knowing what it was about. (
<hi rend="italic">This informed the witness that Mr. Justice Cave had given judgment against him with costs, and had made an order for the delivery of the title-deeds which he had admitted were in his possession, and they should enforce immediate execution.</hi>)—I did not know that I had admitted it, or that an action had taken place—I took the letter to Ashwin, and he wrote me out the draft of an answer, which I copied and sent to Newman and Hayes; this is a copy of it; the draft remained in Mr. Ashwin's hands—it is addressed from Redhill, where I was staying, but it was written in London—I put it in my pocket, took it to Redhill, and posted it there. (
<hi rend="italic">In this letter the witness stated that the deeds were not in his possession, he having transferred them some years ago.</hi>)—the statements in that letter are not true; I never handed the deeds to anybody, nor did I ever give notice that I had transferred them—a notice in bankruptcy was sent to me at Southsea—I sent it to Ashwin, and met him at Portsmouth Station—he had a document which he wished me to sign, and we went to a commissioner and signed it on 21st September, 1889—this is it; this is my signature—I did not read it, nor was it read to me—Ashwin was with me when I signed it—he took it away in his bag, and I never saw it again till I was at the Police-court. (
<hi rend="italic">This affidavit stated that upwards of four years ago the witness assigned all his interest in the deeds to one Toufflet, of Rouen, and was unable to comply with the notice.</hi>)—it was not true that I had parted with the deeds to Toufflet—Toufflet is his Christian name, but a great many people call him Toufflet; he is
<hi rend="italic">agent des affaires</hi> at Rouen—I never handed him any deeds—I did not authorise notice of appeal to be given in that action—I received at my house at Southsea a notice to attend the Bankruptcy Court, I sent it to Ashwin, and two or three weeks afterwards I went to stay with him at Bournemouth, where he rented a furnished house for the season—we talked over the matter of my having to go to the Bankruptcy Court—he said, "Don't be uneasy, it is all in liquidation," and he quieted me completely—I started from Southsea to London to be examined in the Bankruptcy Court, but I got out at Guildford, and sent this telegram to Mr. Registrar Linklater, of the Bankruptcy Court—that was by Ashwin's suggestion on the day we went to Portsmouth. (
<hi rend="italic">Read:</hi>"Left Southsea this morning to attend Court summons; unable to proceed through illness; will present myself as soon as possible.—
<hi rend="smallCaps">FRENCH</hi>, Guildford Station"—I have a draft of that in my pocket, which Mr. Ashwin gave me—I was not ill at all—I did not go back home to Southsea, I went to Bournemouth, and stayed with Mr. Ashwin—I told him I had sent the telegram—he said, "Very well"—this letter is not my writing, but I translated it from a letter in English, purporting to be signed by Toufflet, which Mr. Ashwin gave me—he stayed in the room while I did it. (
<hi rend="italic">This was from Toufflet to Mr. M. Ashwin, of Stratford-on-Avon, stating that lie knew his two brothers, and had visited them in the Temple when in London; that the deeds of the property in Canning Town were transferred to him in</hi> 1885,
<hi rend="italic">and that a speculator had offered him</hi> 500
<hi rend="italic">francs for them, and he would take 550 for them; that, as he was advised to keep his address secret, the reply might be sent to the care of Mr. Harris, at Brighton</hi>)—I left the original and the French translation with Mr. Ash
<lb/>win</p>
<xptr type="pageFacsimile" doc="189002030037"/>
<p>—it says, "As this letter is most important, I keep the original, and send you a copy, according to our custom"—it is about four years since I have seen Toufflet; he was then at Geneva—Ashwin does not know French, and I did not read it to him—I was not at Southsea on 28th October—I do not think I have seen these two letters with the London postmark of October 24th, and this registered letter of October 25th, addressed to me—I did not receive them at Southsea; I was not there at the time—I saw them in Mr. Ashwin's hands at 15, Cockspur Street, they were addressed there by my wife; he did not open them; he said, "I will deal with them"—I did not authorise him to write, "Mr. French having left England, it is thought better to return these two letters"—he told me of it afterwards—he wished me to leave England for a while, during which time everything would be settled between him and his brother, and I could return in a fortnight—he said, "Don't be uneasy, I shall settle it easily; it is all an affair between my brother and me"—he said that he would settle it by giving up the deeds—I said, "Give them up, and it will be all over"—I selected Dieppe to go to, but did not go—that conversation occurred at his lodgings, at Oxford and Cambridge Mansions—I never lived at Cockspur Street—I went with him from Bournemouth to London—we first went to a lodging in Catherine Street, near the British Museum, and stayed there a week, and then went to Oxford and Cambridge Mansions; he had a furnished flat there—I stayed there till about the middle of November—I stayed with him from 23rd September, 1889, when I sent the telegram from Guildford, till November 5th—I told my wife to address all my letters to 15, Cockspur Street; that was Mr. Ashwin's office, where he carried on the business of a solicitor—this telegram is not my writing—I cannot swear whose it is; but Ashwin told me at that time that he had sent a telegram, he did not say to who, concerning the delivery of the deeds—that was about 26th October—in 1886 I went with him to the Cheque Bank, Charing Cross, and he opened a banking account in my name with £1,175 5s. 5d.—I did not find the money—I drew it out in three or four different sums at his request, and handed them to him in notes—I have never had a banking account in England; I had one many years ago when I was in Algeria—I know nothing about the furniture of the Members' Mansions—I have. never seen Ivory—I never received or gave any money in connection with these deeds—this cheque for £50 was sent to me by Mr. Ashwin—I do not know whether it was at Geneva—I endorsed it and sent it back to him, and saw no more of it—it is dated February, 1887—I never had the money—I should say that these four letters (
<hi rend="italic">from Arthur L. Miches</hi>) are in Mr. Ashwin's writing—
<hi rend="italic">the fabrique</hi> is the porcelain manufactory.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I have no documents in Ashwin's writing tending to corroborate the statements I have made to the Jury—I know of no documents tending to show that what I have told the Jury is not a tissue of falsehoods—early in life I went to Australia, and from there I went to Chili, from Chili I came to England, and married on the money I brought home with me—I bought an estate in Algeria with it called "Medane"—I sold that in 1867, it realised about £1,600—I came to England just before the Franco-German War, which kept me in England; I then went to Bruges, and then to St. Omer—this
<hi rend="italic">fabrique</hi> was purchased in my name in 1879 or 1880—I went there</p>
<xptr type="pageFacsimile" doc="189002030038"/>
<p>three times I think, but not to look after it—I was the registered proprietor and mortgaged it—my wife joined me in the mortgage; by the French law she signed it—it was for 5,000 francs, not 6,000, but I am not certain—it has just been sold by forced auction by the mortgagee—in 1882 or 1883 I became the registered proprietor of the Chateau La Rochebeaucourt in the Province of Rhone et Charente—I was sent there to stay, and remained there about two months—I never was there for six months; about two months was the longest time—I was staying with the Vicomte, who received me in the name of the Prince—I was staying with the bailiff—I met a friend in Paris, and took him to stay there for about a fortnight—I went there a third time, but did not stat in the Chateau; I went there to get into it, and my right was denied, and in the end a lawsuit was tried, in which I was the defendant—I do not know whether there was a charge of fraud; I was not at the trial, and I have not seen any document—we were both accused; I was not the only one who signed—I never saw the accusation—the charge was brought in my name, because I was the registered proprietor of the property—I made periodical visits to the Chateau for two or three years—during that time I had an interview with Mr. Ashwin in Paris, at which the subject of Lonsdale Chambers was mentioned—I do not know to whom the Chambers belong; I know Mr. Ivory had to do with them—I do not know that he is the manager of the Midland Land Company—I know of a proposal being made in my name to take Lonsdale Chambers, that may have been in 1881—I heard that the negotiations had broken down—after that I heard mention made of the Members' Mansions, Victoria Street—I do not know that Lonsdale Chambers and the Members' Mansions were owned by the same company—I remember seeing Mr. Ivory in Paris; Mr. Ashwin was there—we were there at least a fortnight or three weeks—that was in 1881—my meeting with Mr. Ashwin at St. Omer in 1878 was my first visit—I had no friendship with him except that we travelled together—I am not related to him—St. Omer is six hours' journey from Paris—I went to Geneva in August, 1881, I think, and I was there seven years up to 1888—here is this account, "£1,400 March 10, 1883, to interest, transfer of capital and interest in Ashwin and Co., Stratford-on-Avon"—I pledge my oath that I know nothing about that—I may have signed a deed under Ashwin's hand, assigning to me the interest in Ashwin and Co., of Stratford-on-Avon, as I signed other papers—I was in England in 1884, and went with Mr. Ashwin several times to Mr. Horwood, of Chancery Lane—I went to Mr. Horwood this autumn, but did not instruct him to bring an action in order to recover that £1,400—I did not know anything about his having recovered it for me, nor did I give him authority to receive the same, and pay it over to my account—I swore some affidavits at Geneva, but not for the purpose of recovering any money; I never expected it—I never had a cheque for £1,170 5s. 5d. handed to me by Mr. Horwood as having been recovered by him in this action—I opened the account at the Cheque Bank with notes and cheques which Mr. Ashwin gave me; it was not my money, I simply gave it in—it is some years ago, and I cannot recollect whether it was cheques or bank-notes; it was money; I do not know what the amount was, I think it was about £800—I said before the Magistrate that the largest amount I paid into the Cheque Bank was £300, but I think I corrected myself and said £800—it was £1,100</p>
<xptr type="pageFacsimile" doc="189002030039"/>
<p>—I do not know that that was recovered by Mr. Horwood from M. C. Ashwin, for the business at Stratford-on-Avon—I can read and write; I have made and saved money, and lost money too—I cannot remember swearing any affidavits in the suit of French
<hi rend="italic">v.</hi> M. C. Ashwin; show them to me, and I will tell you whether it is my signature—I never saw an affidavit till I came to England in 1889, but I know that it is a statement on oath, and that to swear to a lie is a wicked and wrong thing—I have sworn to lie after lie—I do not remember sending a letter to Mr. Horwood on 29th October, 1874, instructing him to bring an action of myself
<hi rend="italic">v.</hi> Mr. Ashwin; that is all I can say unless I see the letter; I will not pledge my oath—I do not remember this furniture being assigned to me in September, 1884, by an assignment signed by myself, but I will not deny it—I remember the furniture being taken to Hudson's Repository; I did not go there with it, but after it got there Mr. Ashwin and I went there together, and I was seen in the Repository—I do not remember sending Mr. Horwood a cheque for £18 under my own hand, for him to send to Mr. Hudson, but I do not deny it—I do not remember Mr. Ashwin applying to me for money to settle some claims which were made against him—I never gave him a cheque for £230 or any money; I had none to
<hi rend="italic">give</hi> him—I do not remember that that was to settle an action called Lee and Ashwin—I do not remember a cheque of Bennett's executors, which I offered to compromise; that is absolutely new—I never saw the deeds till I came back to England last year, so I know nothing about them—I never had them deposited with me for advances I had made—this affidavit was sworn and signed by me before the lawsuit at Geneva on 25th January, 1887, and paragraph 3 says: "The deeds referred to in paragraph 4 of the present affidavit were handed to me as security for loans made by me to the said Thomas Smith Ashwin, as can unquestionably be proved"—that was false—Mr. Bennett forwarded that affidavit to me—I said in chief that Mr. Ashwin forwarded it because he was in the habit of forwarding all papers—I kept it a day or two—I sent the documents by return of post, according as I could find the Consul at home—I read the documents, but not attentively—there was always somebody at the Consul's office—the form was that I took a book in my hand and kissed it, and vowed the contents of that paper to be true on my oath—when I signed that document I did not know that I was swearing to a lie; if I had read that paragraph attentively I should not have signed it; I did read it—I swore this affidavit (
<hi rend="italic">another</hi>) on 3rd December, 1887—I have had, but have not now, in my possession the documents relating to this matter—I did not trouble my mind about it; when I came to England in 1889 it was quite new to me—I have told the truth to the jury, and I am telling the truth now—I did not trouble my mind about these deeds till I came to England in 1889—I cannot reconcile that, it is not reconcileable—I see this affidavit sworn at Geneva by Mr. Bennett—I do not know whether I received it from him, I will not swear I did not—the answers to interrogatories bear my signature; I swore them before the Consul at Geneva—I knew afterwards that proceedings were taken against me, because I did not obey the judgment of the Court as to the costs—I knew that a receiving order had been made against me, and that I had committed an act of bankruptcy, and I was informed that for the judgment debt I should be made bankrupt, and that proceedings in attachment were being taken against me—I did</p>
<xptr type="pageFacsimile" doc="189002030040"/>
<p>not know what that meant; for a long time I remained openly in my house without any suspicion that I might be seized—after the proceedings, in August and September I did not realise that I might be taken at any moment—I first realised it when I received a letter from Newman and Hayes, that I was to be made a bankrupt; that was in September, I expect—I began to feel that I was in danger—when I went to Mr. Ashwin, at Bournemouth, at the end of October, it became clear to me that under the order I could be made bankrupt, and when I left him in November I went within three or four days
<hi rend="italic">to</hi> Newman, Hayes, and Co.—I made a statement in the middle of November, but I never went round—I never told anybody—I never had any idea about being sent to prison—I thought everything would be arranged—it was not conveyed to me at Bournemouth that my personal safety was at stake—I may have signed the original assignment in Graham and Goodwin to Ashwin; I do not remember the document—I had a bill of costs at Geneva from Mr. Hall—I signed a retainer to Mr. Bennett; I have seen it since—I do not remember signing a retainer to Mr. Hammond, but will not swear I did not—the affidavits are not reconcileable with the statement that what I have said to-day is true.</p>
<p>
<hi rend="italic">Re-examined.</hi> The statements I have made to-day as to the documents I have put my name to are correct—I have never had any property of my own, apart from the property in Algeria—I have not been in any business or profession—I lived eight years in Algeria with my wife, and my children were born there; she was the editress of an English newspaper in Geneva—Mr. Ashwin gave me £2 in the middle of November; he said, "You will want to purchase a few things; here is £2"—that was to enable me to go off—he had urged me for several days to go abroad while he arranged the affairs of his brother in connection with the deeds and the proceedings against me—I never saw an attachment against me, but I suspected it—I was not told of it.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-145" type="witnessName">
<interp inst="t18900203-name-145" type="gender" value="female"/>
<interp inst="t18900203-name-145" type="surname" value="FRENCH"/>
<interp inst="t18900203-name-145" type="given" value="FRANCES ELIZABETH"/>FRANCES ELIZABETH FRENCH</persName> </hi>. I am the wife of the last witness; we were married some years ago, when he had property in Algeria—I know Mr. Ashwin slightly; I have seen him at St. Omer and in London—he did not come to see us at St. Omer; he was staying with a friend of ours—the money invested in property in Algeria was lost, the bank failed—my husband had some money when we were at St. Omer, and I had some from my father, and I had my own income—I was connected with a newspaper in Geneva—after my husband lost his money he had no private means of his own—he did not transact any business—I do not think I ever saw him with more than £5—he had no banking account—when we were living at Southsea he was decoyed away to Bournemouth, when I was away on a visit—I communicated with him by letter—two letters arrived for him at Southsea, and I sent them to him under cover to Mr. Ashwin's, 15, Cockspur Street—I knew he was with Mr. Ashwin, but did not know his address—on 5th November I went to Cockspur Street, but did not find him—I waited at the office some time, and in consequence of information I went to Oxford and Cambridge Mansions, and found him there—Mrs. Ashwin was there—I took my husband home with me—I found out that morning that there was an attachment against him, and that he was liable to be sent to prison—I accompanied him to Messrs. Newman and Hayes, where he made the statement which he afterwards deposed to at Bow Street Police-court.</p>
<xptr type="pageFacsimile" doc="189002030041"/>
<p>
<hi rend="italic">Cross-examined.</hi> My husband and I are first cousins—after our marriage we went to Algeria—the property there had been purchased before that—it was sold in the year that the French war broke out, and realised something like 40,000 francs—we came to England during the war, and afterwards went to St. Omer—my husband used to hand his money to me and tell me to lock it up, and then he used to ask me for it—an English journal was started in Geneva long before we went there; it was not a great success—I was not the proprietress, I was paid editress; it died several years ago—I was editress of three journals, one after the other—I recollect my husband going to the Chateau La Rochebeaucourt in 1879, but not to live there—he went there twice or oftener—it is difficult to say how long he was there, because he was in Paris part of the time—he was away three or four months, he came home and went away again.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-146" type="witnessName">
<interp inst="t18900203-name-146" type="gender" value="male"/>
<interp inst="t18900203-name-146" type="surname" value="GOLDING"/>
<interp inst="t18900203-name-146" type="given" value="NATHANIEL"/>NATHANIEL GOLDING</persName> </hi> (
<hi rend="italic">Detective Officer D</hi>). I arrested the defendant on November 7th, the day the warrant was issued; I read it to him, he said that it was all false.
<hi rend="italic">The defendant's examination in bankruptcy was here put in, and partly read</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18900203-198-verdict-1" type="verdictDescription">
<interp inst="t18900203-198-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18900203-198-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18900203-199">
<interp inst="t18900203-199" type="uri" value="sessionsPapers/18900203"/>
<interp inst="t18900203-199" type="date" value="18900203"/>
<join result="criminalCharge" id="t18900203-199-charge-1" targOrder="Y" targets="def1-200-18900203 t18900203-199-offence-1 t18900203-199-verdict-1"/>
<join result="criminalCharge" id="t18900203-199-charge-2" targOrder="Y" targets="def2-200-18900203 t18900203-199-offence-1 t18900203-199-verdict-1"/>
<join result="criminalCharge" id="t18900203-199-charge-3" targOrder="Y" targets="def3-200-18900203 t18900203-199-offence-1 t18900203-199-verdict-1"/>
<join result="criminalCharge" id="t18900203-199-charge-4" targOrder="Y" targets="def4-200-18900203 t18900203-199-offence-1 t18900203-199-verdict-1"/>
<join result="criminalCharge" id="t18900203-199-charge-5" targOrder="Y" targets="def5-200-18900203 t18900203-199-offence-1 t18900203-199-verdict-1"/>
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<join result="criminalCharge" id="t18900203-199-charge-8" targOrder="Y" targets="def2-200-18900203 t18900203-199-offence-2 t18900203-199-verdict-2"/>
<join result="criminalCharge" id="t18900203-199-charge-9" targOrder="Y" targets="def3-200-18900203 t18900203-199-offence-2 t18900203-199-verdict-2"/>
<join result="criminalCharge" id="t18900203-199-charge-10" targOrder="Y" targets="def4-200-18900203 t18900203-199-offence-2 t18900203-199-verdict-2"/>
<join result="criminalCharge" id="t18900203-199-charge-11" targOrder="Y" targets="def5-200-18900203 t18900203-199-offence-2 t18900203-199-verdict-2"/>
<p>199.
<hi rend="largeCaps">
<persName id="def1-199-18900203" type="defendantName">
<interp inst="def1-199-18900203" type="gender" value="male"/>
<interp inst="def1-199-18900203" type="surname" value="LANGE"/>
<interp inst="def1-199-18900203" type="given" value="GEORGE DE"/>GEORGE DE LANGE</persName>,
<persName id="def2-199-18900203" type="defendantName">
<interp inst="def2-199-18900203" type="gender" value="male"/>
<interp inst="def2-199-18900203" type="surname" value="CLEEF"/>
<interp inst="def2-199-18900203" type="given" value="ALEXANDER VAN"/> ALEXANDER VAN CLEEF</persName>,
<persName id="def3-199-18900203" type="defendantName">
<interp inst="def3-199-18900203" type="gender" value="male"/>
<interp inst="def3-199-18900203" type="surname" value="CLEEF"/>
<interp inst="def3-199-18900203" type="given" value="AARON VAN"/> AARON VAN CLEEF</persName>,
<persName id="def4-199-18900203" type="defendantName">
<interp inst="def4-199-18900203" type="gender" value="male"/>
<interp inst="def4-199-18900203" type="surname" value="CLEEF"/>
<interp inst="def4-199-18900203" type="given" value="BENJAMIN VAN"/> BENJAMIN VAN CLEEF</persName>,
<persName id="def5-199-18900203" type="defendantName">
<interp inst="def5-199-18900203" type="gender" value="male"/>
<interp inst="def5-199-18900203" type="surname" value="BARUCH"/>
<interp inst="def5-199-18900203" type="given" value="EMANUEL"/> EMANUEL BARUCH</persName> </hi>, and
<persName id="def6-199-18900203" type="defendantName">
<interp inst="def6-199-18900203" type="gender" value="male"/>
<interp inst="def6-199-18900203" type="surname" value="CALLOW"/>
<interp inst="def6-199-18900203" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE CALLOW</hi> </persName>,
<hi rend="smallCaps">
<rs id="t18900203-199-verdict-1" type="verdictDescription">
<interp inst="t18900203-199-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18900203-199-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to
<rs id="t18900203-199-offence-1" type="offenceDescription">
<interp inst="t18900203-199-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18900203-199-offence-1" type="offenceSubcategory" value="fraud"/> unlawfully applying to certain boxes of cigars a false trade-mark;</rs> the said prisoners, except Callow, also
<hi rend="smallCaps">
<rs id="t18900203-199-verdict-2" type="verdictDescription">
<interp inst="t18900203-199-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18900203-199-verdict-2" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to
<rs id="t18900203-199-offence-2" type="offenceDescription">
<interp inst="t18900203-199-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t18900203-199-offence-2" type="offenceSubcategory" value="fraud"/>selling the said cigars.</rs>
<hi rend="italic">They received good characters.</hi> </p>
<p>
<hi rend="largeCaps">CALLOW</hi>
<rs id="t18900203-199-punishment-21" type="punishmentDescription">
<interp inst="t18900203-199-punishment-21" type="punishmentCategory" value="miscPunish"/>
<interp inst="t18900203-199-punishment-21" type="punishmentSubcategory" value="fine"/>
<join result="defendantPunishment" targOrder="Y" targets="def6-199-18900203 t18900203-199-punishment-21"/>
<hi rend="italic">fined</hi> £5, </rs>
<hi rend="italic">and </hi>
<rs id="t18900203-199-punishment-22" type="punishmentDescription">
<interp inst="t18900203-199-punishment-22" type="punishmentCategory" value="miscPunish"/>
<interp inst="t18900203-199-punishment-22" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-199-18900203 t18900203-199-punishment-22"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-199-18900203 t18900203-199-punishment-22"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-199-18900203 t18900203-199-punishment-22"/>
<join result="defendantPunishment" targOrder="Y" targets="def4-199-18900203 t18900203-199-punishment-22"/>
<join result="defendantPunishment" targOrder="Y" targets="def5-199-18900203 t18900203-199-punishment-22"/>
<hi rend="italic">the other five defendants to contribute</hi> £50
<hi rend="italic">between them towards the costs of the Prosecution.</hi> </rs> </p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Friday, February</hi> 7
<hi rend="italic">th</hi>, 1890.</p>
<p>
<hi rend="italic">Before Mr. Justice Day.</hi> </p>
<div1 type="trialAccount" id="t18900203-200">
<interp inst="t18900203-200" type="uri" value="sessionsPapers/18900203"/>
<interp inst="t18900203-200" type="date" value="18900203"/>
<join result="criminalCharge" id="t18900203-200-charge-1" targOrder="Y" targets="def1-200-18900203 t18900203-200-offence-1 t18900203-200-verdict-1"/>
<join result="criminalCharge" id="t18900203-200-charge-2" targOrder="Y" targets="def1-200-18900203 t18900203-200-offence-2 t18900203-200-verdict-2"/>
<p>200.
<persName id="def1-200-18900203" type="defendantName">
<interp inst="def1-200-18900203" type="gender" value="female"/>
<interp inst="def1-200-18900203" type="age" value="36"/>
<interp inst="def1-200-18900203" type="surname" value="BRENTON"/>
<interp inst="def1-200-18900203" type="given" value="CATHERINE"/>
<hi rend="largeCaps">CATHERINE BRENTON</hi> (36)</persName>
<rs id="t18900203-200-offence-1" type="offenceDescription">
<interp inst="t18900203-200-offence-1" type="offenceCategory" value="miscellaneous"/>
<interp inst="t18900203-200-offence-1" type="offenceSubcategory" value="other"/>, Unlawfully neglecting and ill treating
<persName id="t18900203-name-154" type="victimName">
<interp inst="t18900203-name-154" type="gender" value="female"/>
<interp inst="t18900203-name-154" type="surname" value="BRENTON"/>
<interp inst="t18900203-name-154" type="given" value="ELLEN"/>
<join result="offenceVictim" targOrder="Y" targets="t18900203-200-offence-1 t18900203-name-154"/>Ellen Brenton</persName>, a child in her charge, in a manner likely to cause injury to her health.</rs> </p>
<p>
<hi rend="smallCaps">MR. BUTLER</hi>
<hi rend="italic">Prosecuted, and</hi>
<hi rend="smallCaps">MR. GORE BROWN</hi>
<hi rend="italic">Defended.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-155" type="witnessName">
<interp inst="t18900203-name-155" type="gender" value="male"/>
<interp inst="t18900203-name-155" type="surname" value="HARRISON"/>
<interp inst="t18900203-name-155" type="given" value="HENRY EDWARD"/>HENRY EDWARD HARRISON</persName> </hi>. I am a registered medical practitioner, and am medical officer to the Board of Guardians of the Fulham Union—on 13th December I visited the house, 202, Latimer Road—I there saw the prisoner and her child Ellen, twelve months old; she was in a very emaciated condition, but I found no trace of any disease; it had its night things on—I saw no bed or bedding; I did not notice whether it was covered; it was taken up by the mother, and I examined it.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I did not see any rugs in the room or over the child; I can't say there were not any; I can't say they were not over the child—emaciation may arise from wasting produced in a number of different ways; it is not uncommon with children under twelve, sometimes caused by unsuitable food, sometimes by catarrh; sometimes cow-milk may possibly be undigested by an infant—I was told that a nevus had been removed from near the heart of the child when it was younger; that would not necessarily weaken an infant; I should not expect it; it depends upon how it is done; if done skilfully it would not be likely.</p>
<xptr type="pageFacsimile" doc="189002030042"/>
<p>
<hi rend="italic">Re-examined.</hi> When I first saw the prisoner she did not complain of the child being ill—an overfed child would not be likely to eat ravenously.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-156" type="witnessName">
<interp inst="t18900203-name-156" type="gender" value="female"/>
<interp inst="t18900203-name-156" type="surname" value="GEARING"/>
<interp inst="t18900203-name-156" type="given" value="ANNIE"/>ANNIE GEARING</persName> </hi>. I am the wife of William Henry Gearing, of Pember Street, Notting Hill—the prisoner and her family came to live there; they left about the 19th September—I never saw bed or bedding in the prisoner's rooms—I have on several occasions seen her rooms, when the door was open; they were in a very dirty condition—I had to send for the sanitary inspector, in consequence—the child Ellen used to sit a good deal on the steps leading to the kitchen in which they lived—the elder children used to mind it, and they used sometimes to leave it in the care of the two younger children—the prisoner was very often out; the child had not sufficient clothing—in order to get rid of the prisoner and her family I took proceedings to get a warrant of ejectment.</p>
<p>
<hi rend="italic">Cross-examined.</hi> There was some flock in the room, and some sackcloth—they were very, poor; they left owing us money—the elder boy was about twelve, and the girl about six or seven; this was a very small baby—I said before the Magistrate that I thought it was in a consumption; it looked very ill when they came to my house, and I thought it was in a consumption by its looks—I never saw the prisoner drunk.</p>
<p>
<hi rend="italic">Re-examined.</hi> The younger children were about six or seven.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-157" type="witnessName">
<interp inst="t18900203-name-157" type="gender" value="male"/>
<interp inst="t18900203-name-157" type="surname" value="COUSINS"/>
<interp inst="t18900203-name-157" type="given" value="WILLIAM"/>WILLIAM COUSINS</persName> </hi> (
<hi rend="italic">Policeman T</hi> 842). In consequence of a warrant I received from the West London Police-court, I called on several occasions at 4, Pember Street—on the first occasion I did not find the prisoner at home—the second time I called was about the second week after I received the warrant, some time in September—I never entered the room till I called to eject them; I saw no bed or bedding in the room then—I saw three children sitting round the fire on some old boxes—I could not see a particle of food of any description, or any bedding whatever; the children were very poorly clad—I got them some food, and they ate it very ravenously—the prisoner afterwards came in and took the children away; on that particular occasion I should say she had been drinking, but before that I saw her outside the Black Bull—I then asked her name, and told her my business, that I had a warrant against her—she made use of obscene language; she was then certainly the worse for drink.</p>
<p>
<hi rend="italic">Cross-examined.</hi> There were two rooms; I went into both; there was scarcely any furniture; I saw no sacks; there might have been a sack, or some old rags—there was some very slight covering.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-158" type="witnessName">
<interp inst="t18900203-name-158" type="gender" value="female"/>
<interp inst="t18900203-name-158" type="surname" value="COOPER"/>
<interp inst="t18900203-name-158" type="given" value="SARAH"/>SARAH COOPER</persName> </hi>. I am the wife of Henry Cooper, a wheelwright, and live at 210, Latimer Road—the prisoner and her family came to live in my house about the end of September—she was often ill while there, many hours at a time—sometimes she would be out for two or three hours, or four or five hours some days—on those occasions she was left with a little girl, the one next to her, to mind, very dirty, and hardly any clothes on her; some days she would be left without any clothes at all on her—she used to go out not to work; I have sometimes been out on an errand, and have seen her go into a public-house—she would go out at eight in the morning to go to work—I have seen a small heap of flock in the front room, that the man and his wife used to lie upon; it was flock that had been emptied out on to the floor—I have several times given the child Ellen food; she ate it as though she was very hungry—she was not properly fed and clothed during the time they</p>
<xptr type="pageFacsimile" doc="189002030043"/>
<p>were in the house—I several times told the prisoner that I wondered at her going out and leaving the child with a little girl—she said, "I don't leave her with the little girl, I leave her with the other children," and I said they left her for hours—the husband used to go out about five in the morning, and come home about seven, with a basket on his back, if coming from work; I believe he is a bricklayer's labourer—sometimes in the morning there would be a woman come in and stay a little while, and then go out, and after that the prisoner would go out; they were drinking people.</p>
<p>
<hi rend="italic">Cross-examined.</hi> When the mother was out I sometimes saw the child lying on the bedding, not properly covered; sometimes when I heard it crying I would go in and coax the baby, and tell her that her mother would soon be in, and I would take her in a little tea and bread and butter—the prisoner was always out when I did that—the neighbourhood of Nothing Hill is very much occupied by laundresses—the child was a very delicate-looking little thing.</p>
<p>
<hi rend="smallCaps">MR. BROWN</hi>
<hi rend="italic">submitted that there was no ease made out under the new Statute, under which the prisoner was indicted; the neglect alleged must he such as to cause unnecessary suffering; lie referred to several cases, particularly Reg. v. Ryland, Crown Cases Reserved, page</hi> 99.</p>
<p>
<hi rend="smallCaps">MR. JUSTICE DAY</hi>
<hi rend="italic">could not say there was no case, and therefore left it to the</hi>
<hi rend="smallCaps">JURY</hi>,
<hi rend="italic">who found the prisoner</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18900203-200-verdict-1" type="verdictDescription">
<interp inst="t18900203-200-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18900203-200-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p>
<p>
<hi rend="italic">
<rs id="t18900203-200-offence-2" type="offenceDescription">
<interp inst="t18900203-200-offence-2" type="offenceCategory" value="kill"/>
<interp inst="t18900203-200-offence-2" type="offenceSubcategory" value="manslaughter"/>There was another indictment against the prisoner for Manslaughter, upon which no evidence was offered.</rs> </hi>
<hi rend="smallCaps">
<rs id="t18900203-200-verdict-2" type="verdictDescription">
<interp inst="t18900203-200-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18900203-200-verdict-2" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18900203-201">
<interp inst="t18900203-201" type="uri" value="sessionsPapers/18900203"/>
<interp inst="t18900203-201" type="date" value="18900203"/>
<join result="criminalCharge" id="t18900203-201-charge-1" targOrder="Y" targets="def1-201-18900203 t18900203-201-offence-1 t18900203-201-verdict-1"/>
<join result="criminalCharge" id="t18900203-201-charge-2" targOrder="Y" targets="def2-201-18900203 t18900203-201-offence-1 t18900203-201-verdict-1"/>
<p>201.
<persName id="def1-201-18900203" type="defendantName">
<interp inst="def1-201-18900203" type="gender" value="male"/>
<interp inst="def1-201-18900203" type="age" value="18"/>
<interp inst="def1-201-18900203" type="surname" value="BRIDGMORE"/>
<interp inst="def1-201-18900203" type="given" value="RICHARD ALFRED"/>
<hi rend="largeCaps">RICHARD ALFRED BRIDGMORE</hi> (18)</persName> and
<persName id="def2-201-18900203" type="defendantName">
<interp inst="def2-201-18900203" type="gender" value="male"/>
<interp inst="def2-201-18900203" type="age" value="17"/>
<interp inst="def2-201-18900203" type="surname" value="GOODALL"/>
<interp inst="def2-201-18900203" type="given" value="SIDNEY"/>
<hi rend="largeCaps">SIDNEY GOODALL</hi> (17)</persName>
<rs id="t18900203-201-offence-1" type="offenceDescription">
<interp inst="t18900203-201-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18900203-201-offence-1" type="offenceSubcategory" value="manslaughter"/> were indicted, and also charged, on the Coroner's inquisition with the manslaughter of
<persName id="t18900203-name-161" type="victimName">
<interp inst="t18900203-name-161" type="gender" value="male"/>
<interp inst="t18900203-name-161" type="surname" value="WALLEN"/>
<interp inst="t18900203-name-161" type="given" value="JESSE AUGUSTUS"/>
<join result="offenceVictim" targOrder="Y" targets="t18900203-201-offence-1 t18900203-name-161"/>Jesse Augustus Wallen</persName>.</rs> </p>
<p>
<hi rend="smallCaps">MR. ERNEST BEARD</hi>
<hi rend="italic">Prosecuted;</hi>
<hi rend="smallCaps">MR. GEOGHEGAN</hi>
<hi rend="italic">appeared for Bridgmore, and</hi>
<hi rend="smallCaps">MR. GRAIN</hi>
<hi rend="italic">for Goodall. After the case had commenced the prisoners desired to withdraw their plea, upon which the Jury found them</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18900203-201-verdict-1" type="verdictDescription">
<interp inst="t18900203-201-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18900203-201-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>GUILTY</rs> </hi>.
<hi rend="italic">
<rs id="t18900203-201-punishment-23" type="punishmentDescription">
<interp inst="t18900203-201-punishment-23" type="punishmentCategory" value="miscPunish"/>
<interp inst="t18900203-201-punishment-23" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-201-18900203 t18900203-201-punishment-23"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-201-18900203 t18900203-201-punishment-23"/>To enter into their recognisances, and find sureties to come up for judgment if called upon.</rs> </hi> </p> </div1>
<p>
<hi rend="largeCaps">THIRD COURT</hi>.—
<hi rend="italic">Friday, February</hi> 7
<hi rend="italic">th</hi>, 1890.</p>
<p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18900203-202">
<interp inst="t18900203-202" type="uri" value="sessionsPapers/18900203"/>
<interp inst="t18900203-202" type="date" value="18900203"/>
<join result="criminalCharge" id="t18900203-202-charge-1" targOrder="Y" targets="def1-202-18900203 t18900203-202-offence-1 t18900203-202-verdict-1"/>
<p>202.
<persName id="def1-202-18900203" type="defendantName">
<interp inst="def1-202-18900203" type="gender" value="male"/>
<interp inst="def1-202-18900203" type="surname" value="HOPKINS"/>
<interp inst="def1-202-18900203" type="given" value="JEROME"/>
<hi rend="largeCaps">JEROME HOPKINS</hi> </persName>,
<rs id="t18900203-202-offence-1" type="offenceDescription">
<interp inst="t18900203-202-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18900203-202-offence-1" type="offenceSubcategory" value="libel"/>Unlawfully publishing four malicious libels of and concerning
<persName id="t18900203-name-163" type="victimName">
<interp inst="t18900203-name-163" type="gender" value="male"/>
<interp inst="t18900203-name-163" type="surname" value="CROSBY"/>
<interp inst="t18900203-name-163" type="given" value="THOMAS"/>
<join result="offenceVictim" targOrder="Y" targets="t18900203-202-offence-1 t18900203-name-163"/>Dr. Thomas Crosby</persName>.</rs> </p>
<p>
<hi rend="smallCaps">MR. BODKIN</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-164" type="witnessName">
<interp inst="t18900203-name-164" type="gender" value="male"/>
<interp inst="t18900203-name-164" type="surname" value="CROSBY"/>
<interp inst="t18900203-name-164" type="given" value="THOMAS BOON"/>THOMAS BOON CROSBY</persName> </hi>, F. R. C. S. and M. D. I practise at 13, Fenchurch Street, and live at 21, Gordon Square—I am a member of the committee of management of the Guildhall School of Music, and for some time past I have been interested in musical matters—in September, 1888, the prisoner called on me in Fenchurch Street, and told me that an oratorio composed by himself was going to be produced in London towards the end of January, and asked me if I would allow my name to be used as a patron—he produced a small book, in which there were several names, and I signed my name as a patron—as he was leaving he said I should have four tickets for a guinea if I wished; that was half-price—I ordered no tickets, and did not agree to take any—a few days after a letter was</p>
<xptr type="pageFacsimile" doc="189002030044"/>
<p>handed to me by Mr. Chaplin, my secretary, which enclosed four tickets for the oratorio—I immediately returned the tickets, with a polite note on 29th December, 1888—after that I received this letter of 4th January from the prisoner, returning the tickets—on 5th I wrote this—I received this of the 5th—I answered it, and received these postcards of the 10th and 12th, addressed to me at 21, Woburn Square; the tickets were returned again (
<hi rend="italic">The letters and postcards requested pay men of</hi> £1 1
<hi rend="italic">s</hi>.
<hi rend="italic">for the tickets</hi>)—I had communicated with the Rev. Dacre Craven, Rector of St. George-the-Martyr, Bloomsbury, whose name is mentioned in this letter of 16th January, with reference to the prisoner—I wrote to the prisoner again, and Messrs. Trinder wrote to him on 19th January—this letter was written by him to Messrs. Trinder and Co. on 19th January. (
<hi rend="italic">This accused Mr. Crosby of libelling prisoner to Mr. Craven, and said he wished no blackguards, cheats, or liars on his list of patrons</hi>)—I received this post-card of 23rd January, and these letters of 30th January and 24th September. (In these applications for one guinea were
<hi rend="italic">made</hi>)—I was sued by the prisoner in the City of London Court for £1 1s.—judgment was given in my favour, with a guinea costs—I produce two extracts from the registry of the Court with the Court seal on them—I received a guinea, and acknowledged the receipt—I received these letters of 5th and 11th October from Folkestone, 25th and 30th December, and other letters and post-cards—the one of 30th December bears a skull and cross-bones—it contained the lines, "With gentlemen's names Crosby loves to appear, so that nobody dare venture a sneer. But when asked to pay he answers, 'No fear, not a penny nor guinea for you, do you hear'"—on 5th January I received this telegram, "Just summoned for libel to Craven"—between 6th January, when I applied for a summons, and 14th, when it was returnable, I received these three post-cards of January 11th and 12th—at the hearing of the summons I expressed my wish to merely put an end to the annoyance, and said if an apology were offered I would withdraw the summons—the prisoner did not accept that offer, and was committed, being on his own recognisances—my wish is the same now as when I was at the Police-court. (
<hi rend="italic">The letters which formed the subject of the libel contained the following passages: "You cheated me out of my subscription"—"Perjured yourself, denying your own writing to save a guinea"—"You libelled yourself to your pastor"—"A much dirtier and more contemptible experience with dear English cousins than this whole business I have seldom heard of"—"A contemptible sneak"</hi>)</p>
<p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> I am not a musician—I cannot read music—I am a member of the Corporation of London, and as such I am on the Committee of the Guildhall School—I cannot say if there was any object in your asking me to be on your list of patrons if I had no musical reputation, and paid no money—I only wrote my name and address in your book; the "G 1" against it is in your writing—I swear it is not in mine—it was not there at the time, to the best of my belief—I signed no subscription-book—I did not tell you to send the tickets to 21, Gordon Square, because it was a private affair—you always asked for the money—I had volumes of letters from you, but I had no polite assurance from you that you wanted nothing but the money—I did not write to Mr. Craven saying you were troubling him for money not owing.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-165" type="witnessName">
<interp inst="t18900203-name-165" type="gender" value="male"/>
<interp inst="t18900203-name-165" type="surname" value="CAPRON"/>
<interp inst="t18900203-name-165" type="given" value="FREDERICK HUGH"/>FREDERICK HUGH CAPRON</persName> </hi>. I am a solicitor, and a member of the firm</p>
<xptr type="pageFacsimile" doc="189002030045"/>
<p>of Trinder and Co.—we have acted for some time as solicitors for Dr. Crosby—I received several letters by post purporting to come from Jerome Hopkins in the course of last year, and these of 19th January and 11th October among others—at Dr. Crosby's instructions I have written several letters to the prisoner requesting him to desist from writing any more letters.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-166" type="witnessName">
<interp inst="t18900203-name-166" type="gender" value="male"/>
<interp inst="t18900203-name-166" type="surname" value="CHAPLIN"/>
<interp inst="t18900203-name-166" type="given" value="ARTHUR"/>ARTHUR CHAPLIN</persName> </hi>. I am secretary to Dr. Crosby, of 13, Fenchurch Street—I remember the prisoner coming there in December, 1888, and I saw him write this letter, and enclose it in this envelope, with the words, "Present" and "Dr. Crosby," outside—I handed him the paper to write it on—I recognise these letters as being in same writing.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-167" type="witnessName">
<interp inst="t18900203-name-167" type="gender" value="male"/>
<interp inst="t18900203-name-167" type="surname" value="HOPPER"/>
<interp inst="t18900203-name-167" type="given" value="JOHN THOMAS"/>JOHN THOMAS HOPPER</persName> </hi>. I am a clerk in Messrs. Trinder's office—I was at the Police-court before Sir Robert Fowler on 10th January—I saw these letters put in—the prisoner admitted the writing, and said he was going to justify; he wanted to go into it then.</p>
<p>
<hi rend="italic">The Prisoner's statement before the Magistrate.</hi> "I have a full answer to all that has been said."</p>
<p>
<hi rend="italic">Witness for the Defence,</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-168" type="witnessName">
<interp inst="t18900203-name-168" type="gender" value="male"/>
<interp inst="t18900203-name-168" type="surname" value="HOPKINS"/>
<interp inst="t18900203-name-168" type="given" value="JEROME"/>JEROME HOPKINS</persName> </hi> (
<hi rend="italic">the prisoner</hi>). lam a musician—I live in America, but I am travelling always over here, and giving concerts—the word "present" on an envelope does not mean I gave the tickets as free tickets; it is merely on direction that the letter is presented by someone—I had no idea these letters were libels; they were in envelopes, and when envelopes were prohibited I had to send postcards—I merely wrote them to claim a debt; they are no libels, according to my definition of (the word.</p>
<p>
<rs id="t18900203-202-verdict-1" type="verdictDescription">
<interp inst="t18900203-202-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18900203-202-verdict-1" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="smallCaps">GUILTY</hi>.
<hi rend="italic">The</hi>
<hi rend="smallCaps">JURY</hi>
<hi rend="italic">expresssed a wish that the fact of his being a foreigner should be taken into consideration.</hi> </rs> </p>
<p>
<hi rend="smallCaps">MR. BODKIN</hi>
<hi rend="italic">said Dr. Crosby still desired to recommend the prisoner to mercy.—
<rs id="t18900203-202-punishment-24" type="punishmentDescription">
<interp inst="t18900203-202-punishment-24" type="punishmentCategory" value="miscPunish"/>
<interp inst="t18900203-202-punishment-24" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-202-18900203 t18900203-202-punishment-24"/>Discharged on recognisances.</rs> </hi> </p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Saturday, February</hi> 8
<hi rend="italic">th</hi>, 1890.</p>
<p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18900203-203">
<interp inst="t18900203-203" type="uri" value="sessionsPapers/18900203"/>
<interp inst="t18900203-203" type="date" value="18900203"/>
<join result="criminalCharge" id="t18900203-203-charge-1" targOrder="Y" targets="def1-203-18900203 t18900203-203-offence-1 t18900203-203-verdict-1"/>
<p>203.
<persName id="def1-203-18900203" type="defendantName">
<interp inst="def1-203-18900203" type="gender" value="female"/>
<interp inst="def1-203-18900203" type="surname" value="WEBB"/>
<interp inst="def1-203-18900203" type="given" value="SUSANNAH"/>
<hi rend="largeCaps">SUSANNAH WEBB</hi> </persName>,
<rs id="t18900203-203-offence-1" type="offenceDescription">
<interp inst="t18900203-203-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18900203-203-offence-1" type="offenceSubcategory" value="wounding"/>Unlawfully ill-treating a child and causing him bodily injuries.</rs> </p>
<p>
<hi rend="smallCaps">MR. HUTTON</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-170" type="witnessName">
<interp inst="t18900203-name-170" type="gender" value="female"/>
<interp inst="t18900203-name-170" type="surname" value="PARKS"/>
<interp inst="t18900203-name-170" type="given" value="JANE"/>JANE PARKS</persName> </hi>. I am the wife of John Parks, of 50, Templeton Road, Stamford Hill, next door to No. 48, where the prisoner lives with her little boy, aged eight—on January 10th I heard blows next door, and the little boy screaming, "I won't do it any more, mamma; don't hit me any more"—I beat the wall with a hand-brush, which broke—that was between two and three o'clock, and the beating and screams were continued the whole afternoon, and between six and seven o'clock I went down to the prisoner's door and made inquiries—I afterwards went in and went up to the prisoner's sitting-room, which is the one in which I hoard the beating—I knocked at the door, but got no answer, and went down and saw a policeman, and went back with him, and saw the prisoner and the little boy, who had seven bruises on his back and dry blood on his lips—I asked the policeman to take the child away as I was afraid his mother would kill him; she said, "Don't take my child, I would not hurt a hair of his head—I can't say whether she</p>
<xptr type="pageFacsimile" doc="189002030046"/>
<p>was sober—the policeman said, "If I have any more of this I must look you up"—the boy said he was not hurt, his mother had only given him a smack in the face, so I asked the policeman to strip him, and he and the prisoner did so, and he had seven bruises on his back about two inches long—the prisoner said she had not done it, and used abusive language, and told me to mind my own business—on January 21st I heard the boy being punished, as before—he cried, "Don't beat me, mamma; I won't do it again"—she said, "Call me mumma"—I then heard a crash, as if he was being thrown on his face, and heard him cry—she said, "I have hit you now, have not I?"—about an hour after that I went into the passage of her house, and called out, "Oh, you good for-nothing bad woman! what are you doing to that child?"—she answered to Mrs. Poulter, "I will summons your little girl for scratching my little boy's face"—Mrs. Poulter said, "My little girl never done it"—I did not see the prisoner that night—I saw the boy next morning at the door when the inspector was there, and the prisoner—she asked me if I saw her strike the child; I said no, but I had heard sufficient—I said, "I know you have beaten him, I heard him cry for mercy"—she said that they said she was drunk, and asked me if I had ever seen her drunk—I said, "No"—the boy's face was black and blue, but I saw no blood, only bruises—she was not taken to the station till the next night, but the boy was taken away.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-171" type="witnessName">
<interp inst="t18900203-name-171" type="gender" value="female"/>
<interp inst="t18900203-name-171" type="surname" value="POULTER"/>
<interp inst="t18900203-name-171" type="given" value="EMILY"/>EMILY POULTER</persName> </hi>. I live with my husband at 48, Templeton Street—the prisoner and her husband and little boy lived there—her husband was away all day; he is a conjurer—they occupied the first floor front—on 10th January I heard the little boy screaming, I knew his voice—I called out that if she did not leave off I would fetch a constable, and have her locked up, because she had been knocking him about all day—I had seen her hit him that morning with her hand, it did not knock him down, but it was a very hard blow—it was not for any misbehaviour—I have never seen him unruly ever since he was in the house, or
<hi rend="italic">owdacious</hi>—I did not sec her strike him again that day, but I saw him after it was done—Mrs. Parks came in, and I went into the prisoner's room with her—there was blood on the boy's face then, but when we fetched a policeman it had been washed off, but there was still blood on his lips and in a hand-basin—I was present when he was stripped, and saw seven bruises on his back—just before the policeman came we stood in the road; there was a light in the room, and we could see in, as the blinds were up, and we saw her take a strap and hit the boy twenty times at least—we all screamed out, "Stop the blows, or you will kill the child"—the window was not open, but she could hear us, because we shouted to her—she was striking him on his back and arms—I believe this is the strap (
<hi rend="italic">produced</hi>)—on Tuesday, January 21st, I heard the child scream, "Oh, mamma, don't do it, I won't do it any more"—she said "Ah, I have hit you now, have not I?"—I saw the boy that evening, he was in an awful state, he had three or four wounds from the buckle of the strap, and blood all over his face, and two black eyes, his face was all laid open—I had heard screams all the afternoon—I sent for a policeman, but he did not come—an inspector came next morning, and I said to him, in the presence of the prisoner, "What do you think of this? she has put it on my little girl twelve years old"—she said that my little girl had done it,</p>
<xptr type="pageFacsimile" doc="189002030047"/>
<p>and that if the child did not false swear that my little girl had done it, she would give him a good hiding when he got upstairs—the inspector said, "We must see into this"—the police came on the Friday, but she was out with her husband all day—I had complained at the station on the Tuesday, as I could not stop in the house for the noise—she was taken on the Friday night—she drinks very hard at times.</p>
<p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> I have very frequently seen you strike the boy; you were not always in your room, you were all over the place—I did not complain of his causing mischief between us, and say that if he was a child of mine I would cut his tongue out, and that he was a wicked bad boy—you knocked my little girl about, and blacked her eyes, and I ought to have taken a summons out—you do not know what you do after you get drunk—I did not push your boy into a bath in the washhouse—you are weekly lodgers at 2s. a week; I asked you to take the room, but did not know you were such a woman as you are.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-172" type="witnessName">
<interp inst="t18900203-name-172" type="gender" value="female"/>
<interp inst="t18900203-name-172" type="surname" value="POULTER"/>
<interp inst="t18900203-name-172" type="given" value="CAROLINE"/>CAROLINE POULTER</persName> </hi>. I am the daughter of the last witness, and live with her—on Friday afternoon, January 10, I heard screams of a little boy in the prisoner's room—Mrs. Parks came in, and I went up with her and my mother, and saw the little boy with blood on his lips, but when the policeman came it was washed off—the prisoner heard my mother Bays he would fetch a policeman—on Tuesday, the 21st, I heard the boys creaming—I was one of the crowd who went outside to look in at the window, and saw her hitting the boy with her hand—I did not see a. strap, but I have seen her hit him with a strap a good many times—I saw the boy afterwards; he had a cut and bruises on his eyes—it is not true that I have done all this to the boy, or cut his face or beat him with a strap.</p>
<p>
<hi rend="italic">Cross-examined.</hi> He said that you said he was to say that I did it—the boy and my mother were present then—I did not push him down, while you were at work; the mud on his coat he got in the street—I have never hit him—he threw something at me and hit me—I was not always telling tales about what my mother said.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-173" type="witnessName">
<interp inst="t18900203-name-173" type="gender" value="male"/>
<interp inst="t18900203-name-173" type="surname" value="WEBB"/>
<interp inst="t18900203-name-173" type="given" value="HENRY LOUIS"/>HENRY LOUIS WEBB</persName> </hi>. I am the prisoner's son, and am 8 years old next July—on the day the policeman came my mother hit me with a strap three or four times across my arms and round my back—she did not hurt me, but I screamed—I had blood on my lips; mother punched me on my mouth—Mrs. Poulter said she would fetch a policeman, and then my mother washed the blood off my face—a basin was standing there, but there was no blood in it, I looked to see—on the following Tuesday week my mother hit me with a strap across my back and legs, and twice on my face—I screamed.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I screamed before you touched me—I said, "Oh, mother, don't"—you struck the table three or four times with the strap before you attempted to touch me—you asked me to come and be a good boy, and you would not touch me—I remember being upstairs screaming "Murder!" and taking a barrow out of a field and selling a lot of your things, and biting you and kicking you—I do not remember that you wore hitting me then; when you went to your work a young woman and baby were there, and she struck me—I have always been a bad boy—you never had anything for your breakfast without sharing it with me.</p>
<p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. I do not do anything—my mother got me this coat—I</p>
<xptr type="pageFacsimile" doc="189002030048"/>
<p>put it on on Wednesday for the first time since it came out of pawn—I always went out shopping with her—she has taken me into public-houses.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-174" type="witnessName">
<interp inst="t18900203-name-174" type="gender" value="male"/>
<interp inst="t18900203-name-174" type="surname" value="CHINN"/>
<interp inst="t18900203-name-174" type="given" value="JAMES"/>JAMES CHINN</persName> </hi> (
<hi rend="italic">Policeman N</hi> 371). On 10th January, about seven p.m., Harriet Poulter called me, and I went up to the prisoner's room with Mrs. Poulter, Mrs. Parks, and Mr. Johnson, and saw her and the boy there—I should say she was the worse for drink—I saw blood on the boy's top lip—I asked to be allowed to examine him; the prisoner stripped him, and I found seven slight bruises on his back about the size of a farthing—I asked her how they came there; she said she did not know—I said I had been informed that she had been ill-treating him—she said that she had not—I questioned him, and he said, "No"; I asked him again, and he said, "She smacked me on the face once, but I was not hurt"; I told her if she ill-treated him I should be obliged to lock her up; I then left.</p>
<p>
<hi rend="italic">Cross-examined.</hi> Your door was not locked; I opened it with the handle—the boy was standing by your side, and I think he had his arms round your waist—I met your husband, and asked him if he knew how the boy was treated; he said, no, he was away from 10 a.m. to 12.30 p.m.</p>
<p>----
<hi rend="smallCaps">URRY</hi> (
<hi rend="italic">Police Inspector</hi>). On January 21st I received information, and on the 22nd I went to 48, Templeton Street and examined the boy's face; he had five scars and a black eye—I had him stripped, and found a large bruise on his left buttock; I asked him in the prisoner's presence how he accounted for it; he said he received some of them while playing, and the others were caused by the daughter of the landlady, Mrs. Poulter—he did not indicate which were caused by the girl—I asked the prisoner if she could account for them; she said, "No, only from what the boy tells me"—I also found several small bruises on both arms, and on his wrist and elbows, and communicated with the Society for the Protection of Women and Children, and on the 24th I received a warrant for her apprehension—she said, "I know what it is for, I am innocent."</p>
<p>
<hi rend="italic">Cross-examined.</hi> I told you all to keep quiet, as I could not hear anything.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-175" type="witnessName">
<interp inst="t18900203-name-175" type="gender" value="male"/>
<interp inst="t18900203-name-175" type="surname" value="BARENESS"/>
<interp inst="t18900203-name-175" type="given" value="ALEXANDRA"/>ALEXANDRA BARENESS</persName> </hi>. I am a medical man fully qualified—I examined the boy on January 23rd, and found bruises and cuts over both eyes, and scratches on his forehead, a bruise on his left arm between his elbow and shoulder, and one on his left elbow; his forearm was bruised, on the back part; there was a cut on his wrist; his right arm was contused for about four inches by two; the back part of his right forearm was bruised down to the wrist, and there was a wheal over the wrist and a large bruise on the right shoulder extending down to the back of the arm; the same on the left shoulder; a large bruise on his left buttock: the outside of his left thigh was bruised, and the left side of his ribs; his right ear was bruised, and the temple above it—a strap would cause all those bruises, except the one on the buttock; that would require greater violence, such as a kick—great violence must have been used with the strap—he was thin—he did not seem in much pain then, but there must have been considerable pain at the time—it is very improbable that that little girl could have caused those blows.</p>
<p>
<hi rend="italic">Cross-examined.</hi> The boy was not bodily ill, but he was bruised—he did not whistle in my place—he told me his mother had beaten him with</p>
<xptr type="pageFacsimile" doc="189002030049"/>
<p>a strap—if he was thrown down by a dog the violence would not have been sufficient to cause the blow on his hip.</p>
<p>
<hi rend="italic">Evidence for the Defence.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-176" type="witnessName">
<interp inst="t18900203-name-176" type="gender" value="female"/>
<interp inst="t18900203-name-176" type="surname" value="WALL"/>
<interp inst="t18900203-name-176" type="given" value="SUSANNAH"/>SUSANNAH WALL</persName> </hi> (
<hi rend="italic">the prisoner</hi>). I am married, and have been the mother of nine children; five are living, one is married, one is at service, one at the Boys' Home, one at Sanger's Theatre, and this boy is the youngest—he will be eight years old in July—I say that this charge is false, and it would not have been made provided I had continued drinking with Mrs. Poulter, but because I refused to do so she made complaints about me and my boy, both she and her child; my husband heard it, and it caused several words between me and him—on this Friday I lent Mrs. Poulter 2s.—I was ordered to bed by the doctor; she said she could not pay me then—I said it did not matter—I sent her 6d. by my little boy, and she said, "Never mind, that will go off what I owe you"—I also sent her some bitter ale—she never offered to pay me the 18d., and I sent 6d. down to make up the rent—I was in her kitchen when she declared that if my boy was her child she would cut the tongue out of his mouth—she often said he was a very bad boy, and should not play with her children, and frequently I have been there when they had been playing, and her boy bit my boy, who cried—I have often gone out and found my boy fighting with other boys; he did so yesterday in the waiting room; the constables saw his conduct—I have merely corrected him in a proper manner, or he might have been doing the same as his brother, stealing—I have made a. pet of him rather than anything else—I have been too good to him.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I admit that I have corrected him, but not severely—he has aggravated me, and my husband brought this strap home on Christmas evening, but I never struck him with it—it is false that Mrs. Poulter and Mrs. Parks stood outside and saw me beating him with a strap—there is no ill-feeling between me and Mrs. Parks; I don't know her—she comes here because Mrs. Poulter fetched heir—I suggest that she is conspiring with Mrs. Poulter to take away my liberty—I always properly chastised the boy—I did not do the injuries found on him—his shoulder was bruised by falling off a gateway, and he went to the hospital for it; that was two years ago—if his right arm was contused, his forearm bruised, and there was a weal on his wrist, I can't remember whether I did it—I do not suggest that the doctor is conspiring with Mrs. Poulter—I did not tell the constable that Mrs. Poulter's little girl had caused the marks; I told him nothing about it—I do not know how to account for the bruises, but he is an audacious boy, and always fighting—I spoilt him before—three constables were., required to bring him home, one after the other—he did not knock them down, but they had to push him and make him come home.</p>
<p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">JURY</hi>. His brother was convicted of stealing.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-177" type="witnessName">
<interp inst="t18900203-name-177" type="gender" value="male"/>
<interp inst="t18900203-name-177" type="surname" value="SEVERN"/>
<interp inst="t18900203-name-177" type="given" value="ALFRED HENGLER"/>ALFRED HENGLER SEVERN</persName> </hi>. I am a plumber and gasfitter, of 3, Wellington Place, Deptford—the prisoner has been to my place with her boy several times—I never saw her ill-treat him—he was always well fed and well clothed—he is a most unruly boy—I never saw her strike him—he threw himself down at my place one Sunday, and struck his face against the piano because my little boy would not give him some Jubilee medals—he bruised his face slightly; that is two years ago—I became bail for the prisoner</p>
<xptr type="pageFacsimile" doc="189002030050"/>
<p>at her husband's request, and took her to my house—I asked the husband to bring the boy—he was brought on Wednesday; I think it was the 27th—I examined him, and there was not a bruise on his body; but there was a slight discolouration on his eye, and the remains of an old scratch on his forehead—on the following day I took him to Mr. Young, the solicitor, that he might see that my evidence was correct, and he took me to the Police-court; he was employed for the defence at the Police court—on Tuesday last, after I left the Court, I was invited to take tea with the prisoner and her husband, at her sister's in Kennington, where they now live, and the prisoner told the boy about half-past seven to go to bed—he said, "I shan't go for you"—she said, "I will take your boots off"—he kicked her, and I stooped down to take his boots off—he laid down and screamed, "Oh, my back! Don't hit me! Oh, my throat Leave my throat alone!"—with assistance I carried him upstairs, and placed him on a bed in a room by himself, and he shrieked for a good half-hour; in fact, till he came downstairs and vomited—I have to ask you to call the officers below to say how he behaved while we were waiting.</p>
<p>
<hi rend="italic">Cross-examined.</hi> Altogether he is a most desperate character; I never saw a worse boy—I have known his father thirty years; he is a conjuror—my wife and Mr. Young and the prisoner, and several others, were present at the examination on January 29th—I believe my wife is in Court—I have not applied to Mr. Young to come—the doctor's evidence that "he is very thin and poorly nourished" is not true—I saw a mark on his forehead—there is a scratch on his nose now, but not a sign of a bruise on his left elbow—his elbow and forearm are not contused, nor is there a cut on his left wrist; there is not the slightest bruise on his body—I examined his left buttock—there is not the slightest bruise on him except his eye—I examined him for the purpose of giving evidence—I did not think it necessary to call in the doctor; I thought it was simply a superficial affair. (
<hi rend="italic">Dr. Galer and Br. Harkness were here directed to examine the boy again</hi>).</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-178" type="witnessName">
<interp inst="t18900203-name-178" type="gender" value="female"/>
<interp inst="t18900203-name-178" type="surname" value="WOOD"/>
<interp inst="t18900203-name-178" type="given" value="NELLY FLORENCE"/>NELLY FLORENCE WOOD</persName> </hi>. I am the wife of Frederick Wood, of Frankfort Street, a dustman—on the Saturday that the prisoner was tried at the Police-court, the father brought the boy to me; I saw one bruise on the back of his shoulder, and his arm was bruised, but I did not count the bruises—I called my landlady up—I said I should not like to be in a room alone with him, for his talk was not fit for a gentleman to use.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I am the prisoner's daughter—I lived with her before I was married—Mr. Delahay, an officer of a society, came and asked me some questions, and put down my answers after the prisoner had been tried at the Police-court—I said that my mother was violent at times—he asked if she used to beat me, and I said, "Yes"—I did not say, "Yes, for the least thing"—I said that she drank and had fits; I did not say that I always thought they were drunken fits; I said she had fits when she drank—it was read out to me, and I did not contradict it at the time—I said, "I have seen her beat the other boy; I have been marked by her"—I said that she blacked my eye and broke my nose; the doctor told me at St. Thomas's Hospital that my nose was broken, when I went there with a broken leg.</p>
<p>
<hi rend="italic">Re-examined by the Prisoner,</hi> I went to school at Brighton till I was</p>
<xptr type="pageFacsimile" doc="189002030051"/>
<p>fourteen—I then went to a place which you did not approve of, and you got me another place; it was an hotel—you received a letter from me, saying that I had done something wrong—I was fifteen when I got into trouble—you struck me because I was saucy—you saw me over my trouble, and got me into a Home, and paid 5s. a week for me—you took my child.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-179" type="witnessName">
<interp inst="t18900203-name-179" type="gender" value="female"/>
<interp inst="t18900203-name-179" type="surname" value="RICHARDSON"/>
<interp inst="t18900203-name-179" type="given" value="LUCY"/>LUCY RICHARDSON</persName> </hi>. I am the wife of Daniel Richardson, a labourer, of Tottenham—I had a furnished room of the prisoner for six months—I never saw her strike her boy—she had her meals with me—there was always plenty for the boy to eat and drink—I have seen him fight with other children out of doors, and comeinmarked.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-180" type="witnessName">
<interp inst="t18900203-name-180" type="gender" value="male"/>
<interp inst="t18900203-name-180" type="surname" value="HUNT"/>
<interp inst="t18900203-name-180" type="given" value="ROLAND JAMES"/>ROLAND JAMES HUNT</persName> </hi> (
<hi rend="italic">Policeman L</hi> 255). I have seen the boy playing about here downstairs this week—I did not see him throwing himself about—I took no notice of him.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-181" type="witnessName">
<interp inst="t18900203-name-181" type="gender" value="male"/>
<interp inst="t18900203-name-181" type="surname" value="DAVEY"/>
<interp inst="t18900203-name-181" type="given" value="JOSEPH"/>JOSEPH DAVEY</persName> </hi> (
<hi rend="italic">City Policeman</hi> 905). While waiting here to give evidence I saw the boy's father sit him on a settle in the body of the Court three times, and he threw himself off, and the third time he threw himself on the floor, and kicked about in an extraordinary manner, and I said, "If you don't behave yourself I shall put you in my dark cells"—he got up and sat on a settle—the same evening he said, "Come on, we are going home now," but they had to carry him—I remarked, "A little of what my father used to give me would do him good," not knowing that his mother was locked up for beating him.</p>
<p>
<hi rend="italic">Cross-examined.</hi> The father said, "Look at this boy," and I told him to sit down—when I threatened to place him in a dark cell he behaved quietly.</p>
<p>
<hi rend="italic">Evidence in Reply.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-182" type="witnessName">
<interp inst="t18900203-name-182" type="gender" value="male"/>
<interp inst="t18900203-name-182" type="surname" value="GALER"/>
<interp inst="t18900203-name-182" type="given" value="JOHN RECE"/>JOHN RECE GALER</persName> </hi>, M. D. I examined this boy on January 23rd, the same day that Dr. Harkness did—I have heard Dr. Harkness's evidence, and corroborate it entirely—I examined the boy twenty minutes ago—there are still some bruises On his right temple, his right and left shoulder-blades, his right thigh, right and left elbows, and there are two very small wounds on his forehead still—the bruise on his buttock has dispersed, but I saw it there on January 23rd.</p>
<p>
<hi rend="italic">Cross-examined.</hi> There are three small scars on his forehead; also an older one done two or three years ago—I do not include that.</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-183" type="witnessName">
<interp inst="t18900203-name-183" type="gender" value="male"/>
<interp inst="t18900203-name-183" type="surname" value="HARKNESS"/>
<interp inst="t18900203-name-183" type="given" value="ALEXANDER"/>ALEXANDER HARKNESS</persName> </hi> (
<hi rend="italic">Re-examined</hi>). I examined the boy with Dr. Galer a little while ago—I corroborate him in every particular.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> I have not done it; I am quite innocent; it is all false, and all through my mixing up with this sort of people.</p>
<p>
<hi rend="smallCaps">
<rs id="t18900203-203-verdict-1" type="verdictDescription">
<interp inst="t18900203-203-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18900203-203-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18900203-203-punishment-25" type="punishmentDescription">
<interp inst="t18900203-203-punishment-25" type="punishmentCategory" value="imprison"/>
<interp inst="t18900203-203-punishment-25" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-203-18900203 t18900203-203-punishment-25"/>Six Months' Hard Labour.</rs> </hi> </p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Saturday, Monday, and Tuesday, February</hi> 8
<hi rend="italic">th</hi>, 10
<hi rend="italic">th, and</hi>, 11
<hi rend="italic">th</hi>, 1890.</p>
<p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t18900203-204">
<interp inst="t18900203-204" type="uri" value="sessionsPapers/18900203"/>
<interp inst="t18900203-204" type="date" value="18900203"/>
<join result="criminalCharge" id="t18900203-204-charge-1" targOrder="Y" targets="def1-204-18900203 t18900203-204-offence-1 t18900203-204-verdict-1"/>
<p>204.
<persName id="def1-204-18900203" type="defendantName">
<interp inst="def1-204-18900203" type="gender" value="male"/>
<interp inst="def1-204-18900203" type="surname" value="FEELEY"/>
<interp inst="def1-204-18900203" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES FEELEY</hi> </persName> was indicted
<rs id="t18900203-204-offence-1" type="offenceDescription">
<interp inst="t18900203-204-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18900203-204-offence-1" type="offenceSubcategory" value="perjury"/> for wilful and corrupt perjury committed before
<persName id="t18900203-name-185">
<interp inst="t18900203-name-185" type="gender" value="male"/>
<interp inst="t18900203-name-185" type="surname" value="SAUNDERS"/>
<interp inst="t18900203-name-185" type="given" value="THOMAS WILLIAM"/>Thomas William Saunders</persName>, Esq., and
<persName id="t18900203-name-186">
<interp inst="t18900203-name-186" type="gender" value="male"/>
<interp inst="t18900203-name-186" type="surname" value="LUSHINGTON"/>
<interp inst="t18900203-name-186" type="given" value="FRANKLIN"/>Franklin Lushington</persName>, Esq.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. CHARLES MATHEWS, GILL</hi>,
<hi rend="italic">and</hi>
<hi rend="smallCaps">HODGSON</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-187" type="witnessName">
<interp inst="t18900203-name-187" type="gender" value="male"/>
<interp inst="t18900203-name-187" type="surname" value="SAWYER"/>
<interp inst="t18900203-name-187" type="given" value="JOSEPH ROBERT"/>JOSEPH ROBERT SAWYER</persName> </hi>. I am chief clerk at the Thames Police-court</p>
<xptr type="pageFacsimile" doc="189002030052"/>
<p>—I produce the charge-sheet of 23rd July, in which two men, Hyde and Whaley, were charged with being concerned together in stealing from inside of the bar of the Duke of Kent public-house a paper bag containing about £4 10s. the property of Mr. Hewitt, a licensed victualler, of Dean Street—I was acting as clerk when the charge was heard on that date before Mr. Saunders—I took the prisoner's deposition—he was the first witness examined, and on his evidence and that of Sergeant Adams and Phœbe Stone a remand was granted—the prisoner said on oath, "I live at 1, Earl's Place, St. George's. At ten minutes past nine on Friday, the 19th July, I saw the prisoners Hyde and Whaley round the West Garden Dock gate. They were running. They went to Cannon Street to a coffee shop. I followed them, knowing them, and Hyde asked me to have some breakfast, which he paid for. We went to some public-house, and Hyde gave me 2s. He told me he had some money to divide between four. He told me he had got some money from the Duke of Kent that morning. He said they had taken it; he told me if I went to Twine Court I might pick up a
<hi rend="italic">quid</hi> or two, as they had
<hi rend="italic">chucked</hi> some money there, coming along by some new buildings. Whaley was there all the time, and heard what Hyde said. I went to West Garden Gate. "The case was remanded from the 23rd July to the 26th July, when the evidence was read to Feeley, but no fresh evidence taken, and then it was remanded to 2nd August—I produce a charge-sheet of 3rd and 4th August containing a charge against Brooks and Brady—on 2nd August the prisoner was again examined—the Magistrate then was Mr. Lushington—the prisoner's evidence may have been again read to him; I cannot say—this is the note of his evidence taken on 2nd August: "They (referring to Hyde and Whaley) did not say which of them had gone into the public-house, and which had taken it, or what had become of the other two; on the 23rd July, after giving evidence at this Court, I was followed from the Court by two brothers named Taylor"—then he goes on with reference to that, I think, "On the 19th July, after what the prisoners had told me, I went to the station and gave information. On 20th July, Saturday, the Taylors knocked me down and kicked me, and I had to go to the London Hospital in consequence; on 23rd July they told me if I dared to come here again they would do for me; I know the Taylors are acquaintances of the prisoners Hyde and Whaley"—on 5th August Brooks and Brady were charged; this is the charge-sheet; it is almost exactly similar to that against Hyde and Whaley—on 9th August there was a further hearing, and prisoner was then recalled, and the whole of his evidence read again, and he was cross-examined as follows:—"I am a dock labourer. I was at work up till a few days before. I swear I saw Hyde. He took me to the Black Horse public-house. There was a lot of labourers at the West Garden Dock Gate. There is frequently a rush at the gate. I was looking for a day's work. I followed because I saw others following. I caught him up in St. George's Street. I did not know hen what he had been doing (
<hi rend="italic">he</hi> is Hyde). He invited me to breakfast, and while he was eating so he told me. I did not have words with him on the Saturday. On the Friday evening I gave information to the police. Hyde was arrested at the Chambers. I have never been convicted in my life. I have no spite against Hyde at all. I do not know Tom Tosher. I know Tosher. Fenn was not with me"—that</p>
<xptr type="pageFacsimile" doc="189002030053"/>
<p>cross-examination was for the most part for Hyde, but I cannot say if it was by Mr. Young—on 9th August the two prisoners were committed to the County of London Sessions by Mr. Lushington.</p>
<p>
<hi rend="italic">Cross-examined by the Prisoner,</hi> You gave no evidence to my recollection concerning Brooks and Brady—they were committed on the evidence of other witnesses, and sent for trial with Hyde and Whaley—you said, on 2nd August, "On 19th July, after what the prisoners had told me, I went to the station and gave information."</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-188" type="witnessName">
<interp inst="t18900203-name-188" type="gender" value="male"/>
<interp inst="t18900203-name-188" type="surname" value="BUSH"/>
<interp inst="t18900203-name-188" type="given" value="GEORGE"/>GEORGE BUSH</persName> </hi> (
<hi rend="italic">Detective Sergeant, Scotland Yard</hi>). I have made several plans—I made this plan of the Duke of Kent public-house, showing the bar, the till, and the premises, the approaches to the bar, and the entrances to the public-house from Dean Street and Martha Street—these are tracings—I have also made a plan of the neighbourhood immediately connected with the Duke of Kent—leaving that public-house by the Martha Street entrance and going down Martha Street you come to Sutton Street, from that, by turning to the right, you get into Cornwall Street, and after going through part of that you come to the end of Dean Street; going down Dean Street you come to Cable Street, and from there you can get into Albert Street, and then crossing the High Street you come to the West Garden Gate, one of the entrances to the London Docks in New Gravel Lane—this morning at nine o'clock I went to see Inspector Boots; he is ill in bed and unable to leave his room; he is in a very serious state, and is unable to come here—he has been ill for some weeks.</p>
<p>
<hi rend="italic">Cross-examined.</hi> One part of the Duke of Kent is in Martha Street and the other in Dean Street—from the door in Martha Street you cannot see the door in Dean Street—I have made inquiries at Mr. Hillyard's, a hatter's, of the Mile End Road—I saw him on 10th January—I had seen him previously in December, I think; I called with another sergeant—I did not ask him on 10th January to come to the Police-court to give evidence against you to prove a hat was purchased at his shop—I went and showed him a hat; my object was to see whether he sold such hats, and I was told yes, it was similar to hats sold by him, and that he knew it by a mark in the crown—he is here—I don't say it was bought at his shop; he knew a certain manufacturer supplied hats like it to him—I cannot say he told me he was the only man the manufacturer supplied—he could not say he sold it, he sells thousands—nothing was said about coming to the Police-court on Friday.</p>
<p>
<hi rend="italic">The Depositions of Thomas Roots, Inspector of the Criminal Investigation Department, were read, as follows:</hi>—"In October last I received certain instructions from the Homo Office to inquire into and report upon" the case of four convicts named Hyde, Whaley, Brooks, and Brady, who had been convicted at the North London Sessions, on 14th August last, of stealing £4 10s. in money from the Duke of Kent public-house in Dean Street, Shad well, on 19th July, in the morning. I took statements, among others, from Hyde and Whaley. On 14th October I took the statement from Hyde at Wormwood Scrubs Prison. In the course of that statement he mentioned the names of a number of persons. In consequence of this statement I made inquiries of and took from Joseph Jennings, Louisa Coffey, David Healy, Henry Andritt, and Margaret Gregory. Whaley's statement I took on 12th October, to the best of my belief. In consequence of this statement I made inquiries and took a</p>
<xptr type="pageFacsimile" doc="189002030054"/>
<p>statement from Margaret Gregory. I also took statements from Timothy Crawley and Richard Smith, in consequence of Hyde's statement on 14th October.</p>
<p>
<hi rend="italic">Cross-examined.</hi> Louisa Coffey was not a witness here, nor Ottridge nor Michael Crawley."—"I have been making inquiries and had charge of this case. In the course of my inquiries on 8th October I saw the prisoner at Shadwell Police station. I took a statement from him, and wrote it down from his lips; it was read to him by me, and he said, 'It is true.' The statement is marked 'A.'—Police-station, Shadwell, October 8th, 1889. Charles Feeley says: I am a fire-wood cutter. I live at 225, St. George's Street. On Friday morning, 19th July last, I was at the West Garden Dock Gate waiting for work, when I saw Gleeson (Hyde) and Whaley running from the direction of Shadwell; eight or nine other boys were running after them. I thought there was going to be a fight, so I followed as well. I caught Gleeson up; he asked me to come and have a cup of tea. I went with him and Whaley to a shop in Cannon Street, about five minutes' walk from the West Garden Dock Gate; we breakfasted together, Gleeson paying for it. We then went to the Black Horse public-house on Tower Hill, where Gleeson paid for two pots of ale. He gave me 2s., and said: We have got a few shillings from the Duke of Kent public-house. When we were running through Twine Court I threw some money over a fence where they are building a new house, and if you go back there you may get a quid or two. I left them, and went back to the dock gate. I gave information to a constable. I told the constable about eight or nine in the evening. He asked me where I lived. I told him one of the prisoners (Whaley) lived at a lodging-house in High Street, Shadwell. I don't know the constable's number or name. I should know him again. Some nights afterwards I saw Sergeant Adams. I went with him to the lodging-house, and picked Whaley out from between forty and fifty sleeping men. I afterwards picked out Gleeson or Hyde in the same house. I gave evidence against them. I did not know Brooks or Brady, and gave no evidence against them. I never heard, except at the Police-court, that they were connected with Whaley and Gleeson in the robbery. Gleeson told me at Tower Hill the money they got was to be divided between four; but he did not say who those were. I had previously known Gleeson about two and Whaley four months. I did not search for the money Gleeson said was at Twine Court. (Signed-Charles Feeley.)
<hi rend="italic">Roots' Depositions continued;</hi> "I also took statements from Edward Hyde, Richard Smith, Ann Higgins, Thomas Phillips, and Joseph Jennings. Hyde's signature appears at the bottom of his statement. Ann Higgins signed by a mark witnessed by me. Jennings also signed by a mark witnessed by me. In the course of my inquiry Police-Sergeant Smith handed me a black felt hat, which I understood was the hat left behind in the Duke of Kent public-house on 19th July by one of the thieves. This hat I took to the Wormwood Scrubs Prison and tried it on a prisoner named Brooks. It did not fit his head. I did not try it on Brady. I have never seen him. I took the hat and tried it on the prisoner Hyde. It did not fit him; I tried the hat on Whaley, it did not fit him. I took the hat to Chelmsford Prison, where Richard Shaw, otherwise known as Clements, was confined. Clements had his hair parted in the middle, with a curled fringe low down on either side, with the curl turning upwards. I tried</p>
<xptr type="pageFacsimile" doc="189002030055"/>
<p>the hat on him as people ordinarily wear their hats; the hat was small for him where tried on in this hat. I put the hat on the back of his head, exposing the fringe. At this time I had not heard as to the manner in which he wore his hair or hat. On 17th October I went again to Chelmsford Prison. The hat then fitted on the back of Clements' head. I remarked the fact to Police-Sergeant Bremner. I have heard in the course of this inquiry of Edwin Bryce. On 26th November I took Patrick Feeley to see Edwin Bryce at Pentonville Prison. Patrick Feeley saw him there. Bryce was in ordinary clothes. He was placed with fourteen other men, all in ordinary clothing. Feeley walked up to Bryce and touched him. He said something on touching him. On 25th November I took Patrick Feeley to Chelmsford Prison. There he saw Clements with fourteen other men in ordinary clothing. He walked straight up to Clements, made a statement, and touched him on the chest In the course of his statement he mentioned a particular sum of money. In the course of my investigation I never heard the name of Police Constable Papworth, or the number 372 H. I took a statement from Patrick Feeley on 20th November. This was taken in a similar way to the others mentioned. The statement is produced.</p>
<p>
<hi rend="italic">Cross-examined.</hi> Charles Feeley told me he did not know the exact time. I am quite sure I wrote down at Feeley's dictation. If eight or nine is mentioned in the statement, Feeley must have said so. I did not take Phillips to any prison to pick any men out. Mrs. Higgins has been taken by me to Chelmsford Gaol to see Shaw, and to Pentonville to see Bryce, the same day that Patrick Feeley was taken. On 20th November Patrick Feeley did not say to me that he had told the prisoner that ho had been with two men, or what he had been doing, or what money he had. The conversation referred to in Phillips's statement took place at the docks. Patrick Feeley mentioned two sets of men he saw running, and Phillips one set of men. Patrick Feeley said he went away with the second two; he did not mention anyone else leaving the dock gates, except himself or Phillips. Phillips did not mention the precise date it occurred. He said it was morning, three months ago, between nine and ten o'clock. I remember taking a statement from Richard Smith. Smith did not mention to me that he followed with twenty other men, in company with Feeley and Phillips. Smith in his statement says he started about 11.30 a.m. with Crawley for Tilbury to get a job pea-picking. He does not say specifically where he started from. His statement is that going through Barking we met Hyde, who said he was tramping home from Tilbury, as he had failed to get a job in the
<hi rend="italic">Lusitania</hi>; we met him about half past one. Mrs. Higgins did not mention to me the time she saw the men run from the Duke of Kent; possibly it was an omission of mine. The statement was taken in a house under great difficulties. I remember taking Whaley's statement. I think I took three statements from police constable Adams. I took two statements. I saw him at Shadwell Station, when I took his statement down.</p>
<p>
<hi rend="italic">Re-examined.</hi> Patrick Feeley, when making his statement on 20th November, gave me a reason for not telling Charles Feeley where he had been, and what he had got on 19th July, that he (Charles Feeley) would want part of it. Phillips's statement was taken on 9th October. I tried him all ways to fix a date of the robbery, but he could not do so. I</p>
<xptr type="pageFacsimile" doc="189002030056"/>
<p>Phillips's statement, he says that Smith and Clements had got some money from the Duke of Kent that morning. Smith described Hyde's trousers as cord trousers. Phillips described Clements as wearing a handkerchief round his neck, and patent boots. Patrick Feeley described how he went to a coffee-house and had breakfast, and how he, Phillips, Clements, find another man went with him; that the coffee-shop was opposite Queen Street, Tower Hill, and that Dick Clements paid for the breakfast, and that after breakfast, Clements gave half-a-crown to Phillips and himself. He said Charles Feeley was not with them at breakfast.
<hi rend="italic">By the Magistrate.</hi> Smith did not mention any other object than pea-picking for going to Tilbury. He mentioned no job on a boat."</p>
<p>
<hi rend="smallCaps">
<persName id="t18900203-name-189" type="witnessName">
<interp inst="t18900203-name-189" type="gender" value="male"/>
<interp inst="t18900203-name-189" type="surname" value="BBYCE"/>
<interp inst="t18900203-name-189" type="given" value="EDWIN"/>EDWIN BBYCE</persName> </hi> (
<hi rend="italic">in custody</hi>). I am now undergoing a sentence of twelve months' imprisonment for stealing a purse—I was convicted on 7th October—while I was in prison on 19th October I saw Inspector Boots, and made a statement to him—I know the Duke of Kent public-house, Dean Street, Shadwell; it is a corner house—on the morning of 19th July I was at the house with Richard Clements, James Portlock, and Jack Jefferies—we were passing the house, and I saw the young lady behind the bar put a bag of silver on the shelf—I said to Clements that she had just put a bag of silver over there, and "We can get this bag of silver easy"—we waited a few minutes, and then Jefferies went in first to talk to the woman while one got it—Jefferies went in the Dean Street side, the side nearest to the railway arch—Clements did not go in then; a man came-in and spoiled it—then Portlock went in the same place where Jefferies came out—Clements went in by the door in Martha Street, at the other end, farthest from the barmaid—I stayed on the kerb by the door where Portlock went in, and the door was left a little way open, so that I could see right along and see what took place—Clements took the bag of silver over the counter—I could see him get over the bar, go to the place where the bag of silver was, and take it—as he was in the act of getting back to the counter, she turned round and saw him; she got hold of him by his hat, which fell off; she fell down, and he came running out without his hat, but with the money—I, Jefferies, and Portlock ran after him—he ran on in front bareheaded towards the High Street, we followed; he and Portlock went into a house in Albert Street—I went round another turning into the highway—I met the prisoner's brother, Patrick Feeley, at the bottom of Albert Street, just opposite the docks—I told him something, and then I went to the bottom of Albert Street, and looked up, and saw a mob standing outside the door—I went away after I told him to go and look if the men were caught or not—he came back and told me they were not caught—I went away towards Tower Hill—about an hour afterwards, I think it was, I met Hyde (or Gleeson) and Whaley—before I met them I met Jefferies—I met Jefferies directly after I met Patrick Feeley—I and Jefferies went to Portlock's house—we did not go in, but waited outside till four o'clock—Clements and Portlock did not come all that time—then some time after four I and Jefferies parted—I met a friend, who told me he had seen Portlock and Clements going towards home, and I ran back directly, and got there almost as soon as they did; I saw Cle