<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<p>Sessions Paper.</p>
<p>EVANS, MAYOR.</p>
<persName id="t18920502-name-1">
<interp inst="t18920502-name-1" type="gender" value="male"/>
<interp inst="t18920502-name-1" type="surname" value="BUCKLER"/>
<interp inst="t18920502-name-1" type="given" value="ALEXANDER"/>ALEXANDER BUCKLER</persName>,</p>
<p>Short-hand Writers to the Court,</p>
<p>VOL. CXVI.</p>
<p>Law Booksellers and Publishers.</p>
<xptr type="pageFacsimile" doc="189205020002"/>
<p>On the Queen's Commission of</p>
<p>The City of London,</p>
<p>OF THE</p>
<p>Held on Monday, May 2nd, 1892, and following days.</p>
<hi rend="smallCaps">BEFORE</hi> the
<hi rend="smallCaps">RIGHT HON</hi>.
<hi rend="largeCaps">
<persName id="t18920502-name-2" type="judiciaryName">
<interp inst="t18920502-name-2" type="gender" value="male"/>
<interp inst="t18920502-name-2" type="surname" value="EVANS"/>
<interp inst="t18920502-name-2" type="given" value="DAVID"/>DAVID EVANS</persName>, LORD MAYOR</hi> of the City of London; the Right Hon. Lord
<hi rend="smallCaps">COLERIDGE</hi>, Lord Chief Justice of England; the Hon. Sir
<hi rend="smallCaps">
<persName id="t18920502-name-3" type="judiciaryName">
<interp inst="t18920502-name-3" type="gender" value="male"/>
<interp inst="t18920502-name-3" type="surname" value="GRANTHAM"/>
<interp inst="t18920502-name-3" type="given" value="WILLIAM"/>WILLIAM GRANTHAM</persName> </hi>, Knt., one of the Justices of Her Majesty's High Court of Justice; Sir
<hi rend="smallCaps">
<persName id="t18920502-name-4" type="judiciaryName">
<interp inst="t18920502-name-4" type="gender" value="male"/>
<interp inst="t18920502-name-4" type="surname" value="LAWRENCE"/>
<interp inst="t18920502-name-4" type="given" value="JAMES CLARKE"/>JAMES CLARKE LAWRENCE</persName> </hi>,. Bart., Sir
<hi rend="smallCaps">
<persName id="t18920502-name-5" type="judiciaryName">
<interp inst="t18920502-name-5" type="gender" value="female"/>
<interp inst="t18920502-name-5" type="surname" value="KEYSER"/>
<interp inst="t18920502-name-5" type="given" value="POLYDORE DE"/>POLYDORE DE KEYSER</persName> </hi>, Knt., and Sir
<hi rend="smallCaps">
<persName id="t18920502-name-6" type="judiciaryName">
<interp inst="t18920502-name-6" type="gender" value="male"/>
<interp inst="t18920502-name-6" type="surname" value="WHITEHEAD"/>
<interp inst="t18920502-name-6" type="given" value="JAMES"/>JAMES WHITEHEAD</persName> </hi>,. Bart., Aldermen of the said City; Sir
<hi rend="smallCaps">
<persName id="t18920502-name-7" type="judiciaryName">
<interp inst="t18920502-name-7" type="gender" value="male"/>
<interp inst="t18920502-name-7" type="surname" value="HALL"/>
<interp inst="t18920502-name-7" type="given" value="CHARLES"/>CHARLES HALL</persName> </hi>, Knt., Q.C., M.P., Recorder of the said City;
<hi rend="smallCaps">
<persName id="t18920502-name-8" type="judiciaryName">
<interp inst="t18920502-name-8" type="gender" value="male"/>
<interp inst="t18920502-name-8" type="surname" value="KNILL"/>
<interp inst="t18920502-name-8" type="given" value="STUART"/>STUART KNILL</persName> </hi>, Esq.,
<hi rend="smallCaps">
<persName id="t18920502-name-9" type="judiciaryName">
<interp inst="t18920502-name-9" type="gender" value="male"/>
<interp inst="t18920502-name-9" type="surname" value="WILKIN"/>
<interp inst="t18920502-name-9" type="given" value="WALTER HENRY"/>WALTER HENRY WILKIN</persName> </hi>, Esq.,
<hi rend="smallCaps">GEORGE FAUDEL PHILLIPS</hi>, Esq.,
<hi rend="smallCaps">JOSEPH COCKFIELD DIMSDALE</hi>, Esq.,
<hi rend="smallCaps">JNO. VOCE MOORE</hi>, Esq.,
<hi rend="smallCaps">MAROUS SAMUEL</hi>, Esq., and
<hi rend="smallCaps">
<persName id="t18920502-name-10" type="judiciaryName">
<interp inst="t18920502-name-10" type="gender" value="male"/>
<interp inst="t18920502-name-10" type="surname" value="POUND"/>
<interp inst="t18920502-name-10" type="given" value="JOHN"/>JOHN POUND</persName> </hi>, Esq., other of the Aldermen of the said City; and Sir
<hi rend="smallCaps">
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<interp inst="t18920502-name-11" type="gender" value="male"/>
<interp inst="t18920502-name-11" type="surname" value="CHARLEY"/>
<interp inst="t18920502-name-11" 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>
<hi rend="smallCaps">
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<interp inst="t18920502-name-12" type="gender" value="male"/>
<interp inst="t18920502-name-12" type="surname" value="TYLER"/>
<interp inst="t18920502-name-12" type="given" value="GEORGE ROBERT"/>GEORGE ROBERT TYLER</persName> </hi>, Esq., Alderman.</p>
<hi rend="italic">Sheriffs.</hi> </p>
<hi rend="smallCaps">
<persName id="t18920502-name-13" type="judiciaryName">
<interp inst="t18920502-name-13" type="gender" value="male"/>
<interp inst="t18920502-name-13" type="surname" value="FOSTER"/>
<interp inst="t18920502-name-13" type="given" value="HARRY SEYMOUR"/>HARRY SEYMOUR FOSTER</persName> </hi>, Esq.,</p>
<hi rend="smallCaps">
<persName id="t18920502-name-14" type="judiciaryName">
<interp inst="t18920502-name-14" type="gender" value="male"/>
<interp inst="t18920502-name-14" type="surname" value="HILL"/>
<interp inst="t18920502-name-14" type="given" value="FREDERICK"/>FREDERICK HILL</persName> </hi>, Esq.</p>
<hi rend="smallCaps">CLARENCE RICHARD HALSE</hi>, Esq.</p>
<hi rend="italic">Under-Sheriffs.</hi> </p>
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<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi> </p>
<hi rend="largeCaps">EVANS, MAYOR. SEVENTH SESSION</hi>.</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>
<hi rend="largeCaps">LONDON AND MIDDLESEX CASES</hi>.</p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Monday, May</hi> 2
<hi rend="italic">nd, and Tuesday, May</hi> 3
<hi rend="italic">rd</hi>, 1892.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
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<interp inst="def1-461-18920502" type="age" value="47"/>
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<hi rend="largeCaps">ALFRED JOHN PROUD</hi> (47)</persName> was indicted
<rs id="t18920502-461-offence-1" type="offenceDescription">
<interp inst="t18920502-461-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18920502-461-offence-1" type="offenceSubcategory" value="embezzlement"/> for embezzling the sums of £4 7s. 4d. and £ 118s., received on account of
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<interp inst="t18920502-name-16" type="gender" value="male"/>
<interp inst="t18920502-name-16" type="surname" value="MALCOLM"/>
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<join result="offenceVictim" targOrder="Y" targets="t18920502-461-offence-1 t18920502-name-16"/>Alexander Malcolm</persName>, his master.</rs> </p>
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<persName id="t18920502-name-17">
<interp inst="t18920502-name-17" type="gender" value="indeterminate"/>
<interp inst="t18920502-name-17" type="surname" value="HUMPHREYS"/>
<interp inst="t18920502-name-17" type="given" value="TRAVERS"/>MR. TRAVERS HUMPHREYS</persName> </hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t18920502-name-18" type="witnessName">
<interp inst="t18920502-name-18" type="gender" value="male"/>
<interp inst="t18920502-name-18" type="surname" value="MALCOLM"/>
<interp inst="t18920502-name-18" type="given" value="ALEXANDER"/>ALEXANDER MALCOLM</persName> </hi>. I am a publisher, and have an office at 165, Finsbury Pavement, and also at Glasgow—in 1890 the prisoner was in my employ as manager of the London office—his duty was to appoint and supervise the travellers, and to collect the accounts and send them on to me at Glasgow, not later than a week—if an account was paid by cheque it was his duty to send it to Glasgow—he had no authority to endorse cheques—is was his duty to enter in a cash-book all sums that he received, and to send each week to Glasgow a sheet copied from the cash-book—I have here the cash-book for 1890—turning to 21st November, there is no. entry of £118s., received of Mr. E. Lovell on 13th November—there is no entry of £4 7s. 4d., received from G. Greenburg—there is no entry of those two sums anywhere in the cash-book, nor have I ever received them—I first discovered these defalcations about September or October last year—the balance-sheet of 22nd November, marked "A," is in the prisoner's handwriting—there is no entry in that of the £1 18s.—that is the sheet sent to me by the prisoner; exhibit "E" is a receipt from Lovell's—that is the prisoner's writing, signed by his initials A. J. P., dated; it is a London account—exhibit "E" is a cheque for £4 7s. 4d.; the endorsement on that is the prisoner's writing—exhibit "F" is a receipt given to Mr. Greenberg; that is in the prisoner's handwriting—he has never accounted for either of these
<hi rend="smallCaps">SUF</hi>;—I have the balance-sheet of 13th November—the £4 7s. 4d. has been taken out.</p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> No one is joined with me in this prosecution—I had a policy with the Guarantee Society'; all I recovered under that policy was about half of what you took; I claimed under two</p>
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<p>policies of £100 each—I am not prosecuting under the authority of any association—I am not aware that the Guarantee Society have sued you and recovered judgment—I had no audit from the time you entered my service—I placed implicit trust in you, and you betrayed that trust—I wrote to the Guarantee Society on 10th October, making my claim—I did not prosecute then, because I was waiting to complete my evidence—I think I saw you on 12th October; I did not mention the matter to you then—I was paid by the Guarantee Society about 8th January—I discovered the forgery only eight or ten weeks ago—I never stated that I would never have taken any steps if I had not found that you had joined another firm and got my customers away from me, because I knew you had not joined any other firm, and had not taken any customers from me—I think forgery was included in the charge I made; it was forging my name on the back of the cheque for £1 3s. 9d.—I gave you authority to sign the name of the firm in County-court summonses, but under no circumstances to endorse it on cheques—I very likely gave you authority to keep £5 in cash in the office, and also to vote at creditors' meetings—I very likely gave you a power of attorney—my son was in the business, and knew a good deal about it—I am not aware that you signed documents in his presence; he never told me so—at the time this £1 3s. 9d. cheque was paid, and you endorsed it, you were in my office at Glasgow, and sent it back to London, and a portion your account of yours was paid by it—I had very good testimonials with you when you entered my service—I have never said that I would crush you—I did not tell your wife that I would send you away if I could; I might have said she would be better without you.</p>
<hi rend="italic">Re-examined.</hi> The prisoner was nearly a year in my service—I recovered from the Guarantee Society £177 2s. 2d.; that was the amount I claimed—there is no truth in the suggestion that I am prosecuting the prisoner because he has taken away any of my customers; my business has increased several hundreds since.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-19" type="witnessName">
<interp inst="t18920502-name-19" type="gender" value="male"/>
<interp inst="t18920502-name-19" type="surname" value="GREENBERG"/>
<interp inst="t18920502-name-19" type="given" value="COLEMAN"/>COLEMAN GREENBERG</persName> </hi>. I am a tailor, of 87, Lower Sloane Street—on 13th November, 1890,1 owed Mr. Malcolm some money—I sent a cheque for £4 7s. 4d., and got this receipt,</p>
<hi rend="smallCaps">
<persName id="t18920502-name-20" type="witnessName">
<interp inst="t18920502-name-20" type="gender" value="indeterminate"/>
<interp inst="t18920502-name-20" type="surname" value="LOVELL"/>
<interp inst="t18920502-name-20" type="given" value="EDWAED"/>EDWAED LOVELL</persName> </hi>, I am, a grocer, of 88, Turner Road, Birkbeck Road, Bow—on 21st November, 1890, I owed Mr. Malcolm and paid him £1 18s., and got this receipt.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-21" type="witnessName">
<interp inst="t18920502-name-21" type="gender" value="male"/>
<interp inst="t18920502-name-21" type="surname" value="BRAKE"/>
<interp inst="t18920502-name-21" type="given" value="THOMAS"/>THOMAS BRAKE</persName> </hi> (
<hi rend="italic">City Detective</hi>). I arrested the prisoner on the evening of 8th March; I went to his address, 23, Redmond Street, Upton Park—I told him I should take him into custody for embezzling several sums of money belonging to his late employer, Mr. Malcolm, of 165, Fingbury Pavement; I said he would have to come with me to the City; he appeared very dazed, and went off into a fit—when he was charged at the station he said he understood the Guarantee Society had settled the matter—a list of the sums he was charged with embezzling was left at the station by Mr. Malcolm—I did not show him the list.</p>
<hi rend="italic">Cross-examined.</hi> I said before the Magistrate that I showed you the list, not the list marked "A," but a list of four or five amounts; I showed it to you in your own house; it was there for you to see, but you were drunk at the time, and you went into a fainting fit for about three-quarters of an hour—I did not mention the word forgery—you were charged with forgery at the police-station; Mr. Malcolm was asked if he</p>
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<p>wished to proceed with that, and he said, "No"—it was entered on the charge-sheet; the clerk said, "If you incorporate this charge, the case cannot be dealt with here"—I saw Mr. Malcolm next morning, and may have told him what you had said; he did not say that he wanted to punish you because you were injuring his trade and taking his customers—you said Mr. Malcolm was prosecuting you because he was in "queer street"—I never said if I could not get you on these two charges I would incorporate another one—there was a witness named Buchan, he was charged with something; that charge was not withdrawn in order that he might give evidence against you; he was bound over to come up for judgment; a missionary interposed for him, and he was to go to Egypt—I never told you that Mr. Malcolm had given him ten shillings more than once, and that he was keeping him back to give evidence against you.</p>
<hi rend="italic">The prisoner, in his defence, alleged that he had authority to endorse cheques, and apply the proceeds to payment of accounts, and that the omission to enter might have been merely a mistake.</hi> </p>
<hi rend="smallCaps">
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<interp inst="t18920502-461-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18920502-461-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18920502-461-punishment-1" type="punishmentDescription">
<interp inst="t18920502-461-punishment-1" type="punishmentCategory" value="imprison"/>
<interp inst="t18920502-461-punishment-1" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-461-18920502 t18920502-461-punishment-1"/>Four 'Months' Hard Labour.</rs> </hi> </p> </div1>
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<interp inst="def1-462-18920502" type="gender" value="male"/>
<interp inst="def1-462-18920502" type="surname" value="HAIMSOHN"/>
<interp inst="def1-462-18920502" type="given" value="DAVID"/>
<hi rend="largeCaps">DAVID HAIMSOHN</hi> </persName>
<rs id="t18920502-462-offence-1" type="offenceDescription">
<interp inst="t18920502-462-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18920502-462-offence-1" type="offenceSubcategory" value="bankrupcy"/>, Unlawfully and with intent to defraud within four months of the bankruptcy petition against him, concealing a certain part of his property, namely, thirty-six bags of flour;
<hi rend="italic">Other Counts</hi>, for other offences against the Bankruptcy law.</rs> </p>
<hi rend="smallCaps">
<persName id="t18920502-name-23" type="witnessName">
<interp inst="t18920502-name-23" type="gender" value="male"/>
<interp inst="t18920502-name-23" type="surname" value="STEPHENSON"/>
<interp inst="t18920502-name-23" type="given" value="GUY"/>MR. GUY STEPHENSON</persName> </hi>
<hi rend="italic">Prosecuted, and</hi>
<hi rend="smallCaps">MR. C.F. GILL</hi>
<hi rend="italic">Defended.</hi> </p>
<hi rend="smallCaps">
<persName id="t18920502-name-24" type="witnessName">
<interp inst="t18920502-name-24" type="gender" value="male"/>
<interp inst="t18920502-name-24" type="surname" value="L'ENFANT"/>
<interp inst="t18920502-name-24" type="given" value="CHARLES"/>CHARLES L'ENFANT</persName> </hi>. I am a clerk in the Bankruptcy Court—I produce the file of proceedings in prisoner's bankruptcy; the petition is dated 6th June, 1891; the adjudication was on 1st July—an order was made under Section 121 of the Bankruptcy Act, for appointing the Official Receiver trustee on 26th June; the summary order was on 3rd July—there were twenty unsecured creditors; the total liabilities were £1,563; there was a cash account.</p>
<hi rend="italic">Cross-examined.</hi> The cash account is on the file—I see in that account on April 20th a sum of £90 as received by the debtor from H. S. Haimsohn for flour; on 27th, £22 received from 8. Berlinski for van and pony; this cash account was supplied by the bankrupt; he filed it on 9th October, 1891; it commences on 1st January, 1891—he charges himself with the receipt of £9 from J. Dickson for books on 27th April; and on the same date with £14 from H. s. Haimsohn, of Pelham Street, on account, and with £54 lis. 3d. from D. Frost, for flour—on the other side of the cash account he shows the disbursements he made; I have the Official Receiver's report—on 27th he pays £17 18s. 6d. to Messrs. Sache and Howard for flour, monthly instalment of £3 to P. Mumford, £25 to Lavine as repayment of a loan; £8 10s. to J. Cohen, repayment of a loan; H. Levin £8, repayment of a loan; N. Frost £10, repayment of a loan—£21 to H. S. Haimsohn is not on 27th—at the end of the Official Receiver's report upon the bankrupt's application for discharge, on 27th January, 1892, it stated that the bankrupt has offered the Official Receiver all the information and assistance that was required—the petitioning creditor was the next friend of the child who was injured, Goodman Davis.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-25" type="witnessName">
<interp inst="t18920502-name-25" type="gender" value="indeterminate"/>
<interp inst="t18920502-name-25" type="surname" value="HOWELL"/>
<interp inst="t18920502-name-25" type="given" value="HENEY LLEWELLYN"/>HENEY LLEWELLYN HOWELL</persName> </hi>. I am one of the Assistant Official Receivers in bankruptcy—on 3rd July one of my senior officers was</p>
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<p>appointed official trustee in this bankruptcy—an order of summary administration, which applies to small bankrupts, was made on 3rd July, and it was not necessary to appoint another Official Receiver unless by order of the Court—every bankrupt at the time of the making the receiving order is directed to bring in his books—the books he brought in consisted of ledger, day-book, cash-book, and banker's pass-book—subsequently a cash account was filed on 8th October—the bankrupt's public examination was begun on 25th August; it was adjourned for the purpose of the preparation of the cash account and goods account ordered by the Court—the bankrupt was examined at considerable length; he was asked as to his financial position, and as to what he had done with his property—the ledger appears not to be posted up—in the cash-book on 20th April appears an entry of £90 from H: S. Haimsohn, and opposite the name are words I take to be "a favour"; they have been struck through with a pen—I have noticed those words "a favour" frequently occurring; it means a short loan without interest, as distinguished from a more formal loan for security—the item appears in the cash account, which was filed as "H. S. Haimsohn, £90 flour on 20th April"—there are a great number of items referring to loans in the book, there are several items between the prisoner and H. S. Haimsohn—I find D. Frost and N. Frost there; two different persons—there are dealings, as shown by these accounts, down to the beginning of June; the cash account goes on for some time—the day-book stops in April, but there are items on the account subsequently filed—the goods account goes down to 1st July.</p>
<hi rend="italic">Cross-examined.</hi> There are entries in the books of money received as favour money, and after a short interval of the repayment of the money—there was receipt of money in that way from H. Lavine, J. Cohen, and the Frosts—the petition was by the judgment creditors, the next friend of the child, and the child, who are jointly named in the petition, I think—no complaint of any kind has been made against the prisoner by his trade creditors; I think there is nothing exceptional in the way of opposition by the trade creditors—no doubt before the accident happened to the child the prisoner had been in pecuniary difficulties, and was paying two large flour merchants, Peter Mumford and Seth Taylor, by monthly instalments; but I cannot answer definitely as to his paying instalments—there are several items of the same amount, which rather implies that they are instalments—the prosecution took its origin from the Ike of examination taken on the public examination of the prisoner in August—I believe the prisoner was examined by Mr. Myers, the solicitor to the petitioning creditor and to the plaintiff in the action—the difference between a bag and sack of flour was discussed considerably, and I think it turned out that a bag is half a sack—the prisoner has admitted throughout the fact that he disposed of his property—there are very numerous items under the heading of "favour money"—the cash account shows several items on 27th April, which are described as loans—in the banker's pass-book there are payments in on April 20th of £126 and £27—the counterfoil slip contains items of £90 and other amounts, making up the £126—on the 20th find him by the cash account making payment to Sache and Howard, flour dealers, of £35 17
<hi rend="italic">s</hi>.; a payment to Walker and Co., flour dealers; on the 21st payments of £9 12s. 6d. to N. Frost, £10 1s. 8d. to Seth Taylor;</p>
<xptr type="pageFacsimile" doc="189205020007"/>
<p>on the 22nd £20 3s. 4d. to S. and L. Howard for flour, and a monthly instalment of £3 to Mumford—on the 25th to N. Pomfrey for the expenses of the action £20—there is no payment entered in the cash account of £27 to Frank Hutchinson, the flour, merchant, about that date; in the banker's pass-book on 24th there is "Hutchinson £27 4s. 2d."—losses and depreciation are mentioned in the prisoner's statements, but the immediate cause of his bankruptcy was clearly this judgment—I am not sure if he has been pecuniarily assisted since his bankruptcy by some of his trade creditors—an offer was made of £50 as compensation to this child; I don't know if it was made by a creditor or a friend; I believe a suggestion was made of something to be done—a prosecution once instituted is taken up by the Treasury as a matter of course, and there is no discretion about it if the Court of Bankruptcy has made the order—the Official Receiver, in his report on an application for the bankrupt's discharge, which is now pending, reported that he had received every assistance from the debtor—there is no doubt about the prisoner having been clearly insolvent before the action was decided.</p>
<hi rend="italic">Re-examined.</hi> This appears to be a copy of the judgment in the action, £425—the Official Receiver moves the Bankruptcy Court, which considers the file of proceedings, and makes such an order as it thinks proper—I ibid in the receipts, Judah Cohen, a favour, £8 10s. on 21st April; H. Lavine, £8 on 21st April; Frost, £10 on 22nd; £25, H. S. Haimsohn; there are several small sums distributed over a time—I have been through the books, and find these flour transactions in the day-book in the ordinary way.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-26" type="witnessName">
<interp inst="t18920502-name-26" type="gender" value="male"/>
<interp inst="t18920502-name-26" type="surname" value="EDSALL"/>
<interp inst="t18920502-name-26" type="given" value="CHARLES VINER"/>CHARLES VINER EDSALL</persName> </hi>. I am a shorthand-writer at 2, Portugal Street, Lincoln's Inn Fields—I took a note of the evidence of the bankrupt on 25th August, the first day of his private examination. (
<hi rend="italic">Certain parte of the notes were read.</hi>)</p>
<hi rend="smallCaps">
<persName id="t18920502-name-27" type="witnessName">
<interp inst="t18920502-name-27" type="gender" value="male"/>
<interp inst="t18920502-name-27" type="surname" value="BARBER"/>
<interp inst="t18920502-name-27" type="given" value="CHARLES LEGGATT"/>CHARLES LEGGATT BARBER</persName> </hi>. I am a shorthand-writer to the Court of Bankruptcy—I took a note of the prisoner's evidence at the adjourned examination. (
<hi rend="italic">Further portions of the notes were read.</hi>)</p>
<hi rend="smallCaps">
<persName id="t18920502-name-28" type="witnessName">
<interp inst="t18920502-name-28" type="gender" value="male"/>
<interp inst="t18920502-name-28" type="surname" value="DAVIS"/>
<interp inst="t18920502-name-28" type="given" value="GOODMAN"/>GOODMAN DAVIS</persName> </hi>. I live at 5, Pelham Street, Spitalfields—my daughter, Esther Davis, was run over by the prisoner's wagon on September 28th, 1890—I brought an action as her next friend against the prisoner for the injuries she suffered—judgment was given on 25th April, 1891, about three o'clock, in my favour for £425, £400 to my daughter, and £25 to me for expenses as her next friend—the case was heard in the Queen's Bench before Mr. Justice Wills—five months after the accident negotiations for settling came forward; they were declined—after judgment was obtained, I communicated with the police, and also with my brother—on 25th April, 1891, I was in Bell Lane about eight p.m.—I went into Tenter Street, and saw this van being loaded up with flour in front of his warehouse—the prisoner was there and two constables—the van was loaded with about 36 sacks of flour by the carman Ellison—the constables came up and spoke to the carman; after that I saw the prisoner and his son come up—I did not hear what was said; they went to the Police-station—the prisoner did not see me at the time, I was out of sight—I was called by the police-sergeant to go to the station—my brother did not go with me at the time, but he came there afterwards—I said at the Police-station to the prisoner's son, in the prisoner's presence, "This is very strange; this is father and son, as</p>
<xptr type="pageFacsimile" doc="189205020008"/>
<p>I have a verdict against this man for the sum of £425"—he said he had bought these goods of his father, and I remarked that it was very strange, as he is not in the flour business at all; the son said, in answer, I am going into the flour business now," and he produced a receipt for £114—it was dated 25th April when I saw it, I am sure—it was a, receipt like this, dated 25th April, for the same amount as this—the inspector said, in the prisoner's presence, "I will give you assistance to watch where the goods are going to"—he asked the prisoner's son where the goods were going to; he said, "No. 21, Whitechapel Road"—the inspector said, "I should not advise you to move these goods so late at night, it being already eleven o'clock on Saturday night"—he said, "I can do as I like with my own goods"—instead of the goods being removed on Saturday night to 21, Whitechapel Road, they were taken to 56, Leman Street, a fancy box factory—the name of N. Lavine is up there—it is not and never has been a flour warehouse—when it was unloaded there the carman and I were there—next day, Sunday, 26th April, I came round about ten o'clock to Tenter Street, and saw the van being loaded up again with thirty-six sacks, right up to the brim; it started about eleven, and went to Leman Street, to the same place as the night before—it unloaded, went back to Tenter Street; it was loaded again with eighteen very large sacks, which went to 21, Whitechapel Road, a shipping agency and foreign money exchange, carried on by the prisoner's son—the second loading was over about twelve o'clock—then the van went back, and was loaded up with seventeen large sacks and two bags, which went to the son's place, 21, Whitechapel Road, and was unloaded there and placed in a cellar among a lot of bricks and rubbish—then the van went back again—it must have been about three o'clock when I returned again—my brother was with me all the time—a third load went to the Whitechapel Road, three went there and one to Leman Street—later in the day I was in Tenter Street again; when they had finished loading for Whitechapel Road the carman took an interval of about an hour and a half, and between five and six o'clock he started loading again, and a very big load was taken down Tenter Street into Levy's yard, occupied by Levy as stabling—only Mr. Levy was there; he is a carman and coke merchant—the sacks were unloaded there; the van returned again in two hours, and loaded up again, and went to the same place—by the time they were finished it was quite dark; it would be a little after eight—on the Saturday night the van and two horses were stabled in the prisoner's stable in Tenter Street, and on Monday they were stabled at oxen Square, at Burnell's stables—early on the Monday morning I was in Tenter Street; I was called away, and I left my brother there—late that evening I saw the cart coming back with a different name, Bellinski, painted on the side; it went to Burnell's—later on I again saw the van; it then had the name of B. Haimsohn by the side of thewheel—I only know the prisoner's son by sight—as I have been in the same neighbourhood all my life I know his business is that of a shipping agent and foreign money exchanger; he is at Whitechapel Road now—I was in Court on the day of the trial—the prisoner and his son were there—they were together before they went into Court, and they went away together.</p>
<hi rend="italic">Cross-examined.</hi> This receipt looks similar to the one I saw at the</p>
<xptr type="pageFacsimile" doc="189205020009"/>
<p>Police-court—I should say it was the same, bat when I saw it there it was dated 25th, and I suggested that the 25th has been altered to 20th—I knew the Haimsohns by sight in their business—I was never introduced to the prisoner—I was convinced he was a man in a substantial way of business, and I thought when the accident happened he could make substantial provision for the child, and pay a substantial sum—I knew nothing about his having made arrangements at that time to pay some of his trade creditors so much a month—he never told me that he was not to blame with regard to the accident which happened when his man was out with the van on a Sunday—the prisoner was not present then—the child was four years old, and it was playing on the kerb when its limbs were crushed by the van—the prisoner offered to give me £50 I could not accept that, not because I believed him to be a man in a substantial position, but because I considered it was no substantial recompense for the way the child was afflicted for life—I was sure he was in a substantial way of business; I had made inquiries—I have not seen any of his creditors—I was the petitioning creditor—throughout the bankruptcy I was represented by Mr. Myers, the same solicitor who had appeared in the action—he was present at all the examinations—I was; there, and saw the moving of the flour, but the prisoner could not see me—I went to the Police-station—I said to the inspector, "These are our Jewish Passover holidays," and the defendant considers himself a strict Jew, and it is a strict rule in our religion that during the nine days Passover there is no dealing in flour; I am a Jew myself, and I keep the holidays as such. (
<hi rend="smallCaps">MR. GILL</hi>
<hi rend="italic">handed a document to the witness, and requested him to read it to himself</hi>)—after reading this letter I still say that dealing with the flour on that Sunday night was against our religion; I don't understand the document properly; I think there is a mistake in it—; some friends of the prisoner made an offer that the child should have some compensation—I heard of the offer through my solicitor; it was that £75 was ready for the child, and £25 towards my expenses, independent of the solicitor's costs—there was nothing said about so much a month—the smallest sum I asked for was £100, clear of costs—I cannot say what the costs come to; my solicitor said he would expect his money out of pocket.</p>
<hi rend="italic">Re-examined.</hi> The friends' offer to pay money was made last week—the offer of £50 made by the prisoner was before the case came on for trial in the Queen's Bench—the jury gave me £450.</p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. The injuries to the child were very severe; one leg is off at the knee, and she has lost a toe on the other foot, and has had four operations—I was out of sight while the first load of flour was being removed, and after that I was in sight.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-29" type="witnessName">
<interp inst="t18920502-name-29" type="gender" value="male"/>
<interp inst="t18920502-name-29" type="surname" value="DAVIS"/>
<interp inst="t18920502-name-29" type="given" value="ISRAEL"/>ISRAEL DAVIS</persName> </hi>. I am brother of the last witness—on April 25th, 1891, I was in Tenter Street about eight p.m., and I saw a van loaded with flour being detained by two constables—I went to Commercial Street Police-station—I there heard my brother say to the inspector that they were father and son, and that the son had never dealt in flour before—the son then remarked that he was going to deal in flour from now—he produced a receipt; this is it, but the date has been altered; it was 25th, I am positive—the inspector advised the son not to remove his flour so late at night—the son said he could do just as he liked with his own goods—the inspector told us to follow the flour; we did so; it went to Lavine's, 56,</p>
<xptr type="pageFacsimile" doc="189205020010"/>
<p>Leman Street, a fancy box manufactory; it is not a flour warehouse—that was about eleven o'clock—on Sunday I saw one load taken to Leman Street and three loads to Whitechapel Road, the son's foreign money exchange and shipping agency; there it was put in a cellar among bricks and rubbish—in the evening two loads went to Tenter Street and were delivered to Frost—on Monday morning, 27th, about twelve o'clock, I was in ft ell Lane, and I saw a packing-case full of books removed to Dixon's, a bookseller in Sandy's Row, by Rusty, whose proper name is Moore—when Rusty came back he went into Burnell's stable and harnessed the pony and drove away—when the van came back the name of Haimsohn was painted over, and afterwards the name was altered to B. Haimsohn.</p>
<hi rend="italic">Cross-examined.</hi> This is the same document as the one I saw on the Saturday night; I saw it for two or three seconds in the son's hand; it was never in my band—the date has been altered—I may have said before the Magistrate, "This is not the document that was produced on the Saturday night"—the 5 was quite distinct; I could see it plainly; it was an ordinary 5; the stroke at the top was not particularly long—during the two or three seconds I looked at the document my eye was on the 5—I looked at it when the inspector had it; the inspector would not interfere—we were ten minutes at the station, I daresay—the delivery was stopped for an hour or so in consequence of our going to the police-station—the van was loaded at nine, and was not delivered till eleven in consequence of this visit to the station, I daresay.</p>
<hi rend="italic">Re-examined.</hi> It was inside the station that I saw the receipt—there was gaslight; there must have been more than one burner, because it was quite light—I looked particularly at the date, and it was the 25th.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-30" type="witnessName">
<interp inst="t18920502-name-30" type="gender" value="male"/>
<interp inst="t18920502-name-30" type="surname" value="MOORE"/>
<interp inst="t18920502-name-30" type="given" value="THOMAS"/>THOMAS MOORE</persName> </hi>. I am known by the name of Rusty; I live at 69, Brick Lane—on Monday, 27th April, the prisoner asked me to take some Hebrew books to No. 8, Sandy's Row, Mr. Dixon's—I did so, and came back again—I went to the stables in Bell Lane, and harnessed the ponies and put them in the van, and went to Mr. Bellinski, at Ross's, Grange Road, Bermondsey—the name of Haimsohn was on the van; the name on the front was painted out, and "S. Bellinski" was put on the side.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-31" type="witnessName">
<interp inst="t18920502-name-31" type="gender" value="male"/>
<interp inst="t18920502-name-31" type="surname" value="DIXON"/>
<interp inst="t18920502-name-31" type="given" value="JACOB"/>JACOB DIXON</persName> </hi>. I live at 8, Sandy's Row, Beishopsgate, and am a bookseller—last April I bought about thirty-five books from the prisoner, four couple sets Hebrew books, one set of Talmud—the bill was £9, dated April 27th, and this is the cheque—I had never bought any books before from the prisoner—he came to me and said he was very hard up for money—I had known him for thirty years.</p>
<hi rend="italic">Cross-examined.</hi> He has always borne the character of a respectable hard-working man—I gave the full value for the books.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-32" type="witnessName">
<interp inst="t18920502-name-32" type="gender" value="male"/>
<interp inst="t18920502-name-32" type="surname" value="FROST"/>
<interp inst="t18920502-name-32" type="given" value="DAVID"/>DAVID FROST</persName> </hi>. I lived at 33, Kenrick Street, in 1891—I had premises. in Tilley Street—on Sunday, 26th April last year, two loads of flour were brought to my premises, and sold to me by the prisoner—this is the receipt for £54 lis. 9d., dated 25th April—I paid in cash on the 27th, not by cheque—I had no banking account—I gave the full market price.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-33" type="witnessName">
<interp inst="t18920502-name-33" type="gender" value="male"/>
<interp inst="t18920502-name-33" type="surname" value="ALLISON"/>
<interp inst="t18920502-name-33" type="given" value="ALBERT"/>ALBERT ALLISON</persName> </hi>. I am a carman—in April last year I was in the defendant's employment—in the week ending Saturday evening, 25th April, I took a load of flour to Leman Street, and another load the following morning.</p>
<xptr type="pageFacsimile" doc="189205020011"/>
<hi rend="italic">Cross-examined.</hi> They were thirty-six bags of flour, making altogether six loads and a half.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-34" type="witnessName">
<interp inst="t18920502-name-34" type="gender" value="male"/>
<interp inst="t18920502-name-34" type="surname" value="GUDMACHER"/>
<interp inst="t18920502-name-34" type="given" value="ADOLFH"/>ADOLFH GUDMACHER</persName> </hi>. I keep a warehouse at 56, Leman Street, as manager to Mr. Lavine, a box maker—the defendant's son took a portion of the premises about the last day of the Passover—he kept the place about eight or nine weeks, and remained there eight or ten days—a load was brought there on the evening of the 25th—it was moved in and out.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-35" type="witnessName">
<interp inst="t18920502-name-35" type="gender" value="male"/>
<interp inst="t18920502-name-35" type="surname" value="PRICE"/>
<interp inst="t18920502-name-35" type="given" value="ADAM"/>ADAM PRICE</persName> </hi> (18
<hi rend="italic">H R</hi>). On the evening, of 25th April last year I was in Tenter Street, and saw. a load of flour being loaded up from 35 and 36, occupied by the prisoner.</p>
<hi rend="italic">Cross-examined.</hi> There was no difficulty in-seeing what was being done.</p>
<hi rend="italic">Samuel Bellinski</hi> was called, but did not answer.</p>
<hi rend="italic">Witnesses for the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18920502-name-36" type="witnessName">
<interp inst="t18920502-name-36" type="gender" value="male"/>
<interp inst="t18920502-name-36" type="surname" value="HAIMSOEN"/>
<interp inst="t18920502-name-36" type="given" value="HYAM SOLOMON"/>HYAM SOLOMON HAIMSOEN</persName> </hi>. I live at 21, Whitechapel Road—from. 1884 to 1889 I assisted my father in his business of a flour factor—during that time I acquired a knowledge of the flour trade—in 1889 I went into business with my father-in-law, Mr. Barnett, in the fur trade, and I carried on a shipping business on my own account—I knew of my father being in difficulties in his business—after I started in business he used to come to me very often to borrow money, almost daily—he used to return it sometimes the same dav, in a few hours—in April, 1891, he owed me £60 odd—in that month I was making some alterations in my premises—I did the work myself, I had a surveyor to tell me what to do—I wanted money to finish the building—on Monday morning, 20th April, my father came to me and asked me for a loan—at that time I had a cheque for £90, which I had borrowed to complete the building, from Mr. Herman, of Tredegar Road—this is the cheque—my father owed me money at that time—he came to me on the Monday morning and said, "Solomon, I must have some money this week; I have a lot of payments to make and if you don't give me some money I am ruined"—I said, "You owe me £60 already, I cannot give you more; I have this £90 which I borrowed to complete the building, which I cannot part with; if you give me value or security for the money I can give you that"—he said, "I have no security, all I have is the flour, for which I have to pay this week"—I said, "If you will give me value for £25 or £30 off the old account I will give you this £90 cheque"—he agreed to that; he tried not to agree, he said he would try to pay me part of the £60—I said I could not part with the cheque without having something, he should give me the flour; he then went to his place and brought me an invoice for £113 10s.—this is the invoice, and then I gave him the cheque, and he gave me this receipt—on the invoice I noticed that it was dated the 21st, and as the transaction took place on the 20th, I told him to date it the 20th; he asked for a pen and corrected it; that was done in my presence—the flour did not remain at my father's place; the usual practice in the flour trade is to allow fourteen days after it is bought—my premises in Whitechapel Road were not in a convenient state at that time to take the flour in—I rented a place at 26, Leman Street, I formerly carried on business there—I think I knew of this action being on the paper for trial on the evening of the 22nd—my father came round and said he was told by his solicitor, Mr. Pumfret, that the case was coming on that week, but father always gave me to understand that it would not come on till July or August—the purchase of the flour was</p>
<xptr type="pageFacsimile" doc="189205020012"/>
<p>not concealed by me in any way—one load of it was removed on the 25th as soon as the Sabbath was over, and on the 26th I took the remainder—it is usual in our persuasion to remove goods late on Saturday night, it is our most busy time, there is nothing in our faith against it—the police-were there at the time of the removal, I went to the station—this receipt is in the same condition now as it was when I produced it at the Police-station—on the 27th April the sheriffs' officer came in to seize the goods under the execution—I shovel him the receipt, and said he had no business in my place—I did not know at the time that my father was making any payments, he told me afterwards there was some money to pay—I knew on Saturday, the 25th, that he had lost a verdict—on Monday morning, the 27th, I made an arrangement about taking the furniture to Pelham Street—my father said they were pressing him for money, and asked me for more money—I said, "I cannot do it," everybody had heard about the verdict, and it was no use his having his furniture there, and I would buy it of him, as he must have money to pay his creditors—I did not take the furniture, I took possession of it, it was not worth as much as I gave him for it—I gave him £14 in cash and deducted the remaining £21 from the £60—that reduced my debt to £15 and some shillings.</p>
<hi rend="italic">Cross-examined.</hi> I am now a fur dealer and shipping agent—I do not do much business in flour now; I carry it on at my office, 21, Whitechapel Road; it is also a money exchange office—I went into the flour business as soon as I bought the flour from my father; that was on 20th April—I was five years in the business assisting my father—I was examined in bankruptcy; I stated that I went with my father to Mr. Davis, the place of a mutual friend; I offered £50—he said he would not take a penny less than £1,000—I did not say, "If you do not accept our offer we shall know what to do; "nothing of the kind; it is a pure fabrication, a malicious invention—he said to me, "If your father won't pay me the money it will be just the same as Duncan's case"—I did not know Duncan's case then—I told him I was not as rich as Duncan—I asked persons about-Duncan's case, and they told me £6,000 was afterwards found in a safe in Broad Street—I was in Court when judgment was given against my father, but in a different part—I went away with him; think we went to Mr. Pumfret's office, 14, Paternoster Row—I do not recollect what we talked about on the way—I did not mention the subject of removing any property; I swear that—I told Mr. Pumfret about the transaction of the 20th, and said, "What am I to do?"—he then said, "They can't seize your goods, but they may put you to a lot of trouble and expense"—I did not say anything to Mr. Pumfret about moving the furniture, or the van or ponies, only about the flour I bought on the 20th—the solicitor said nothing about its being a good thing to move the property—I told him the flour was in my father's warehouse, and I asked his advice, and he told me that no one could touch my flour if I had proof it was mine, but he said the plaintiff was a poor man and could put us to expense, and the best thing I could do was to take the flour away as soon as I could—Mr. Harris is living in Pelham Street now—the furniture the belongs to me—I let it to him since 1st May, 1891—he carries on business as a baker, and I supply him with flour five loads of flour altogether were removed to my premises, two on the Saturday night and three on the Sunday; there was no hurry about it</p>
<xptr type="pageFacsimile" doc="189205020013"/>
<p>—I went to the Police-station when there was a complaint—He place in Whitechapel Road cost me £75 to make it a good light war house—at present I have no flour there, it is lying at the docks—I hare an existing contract for the delivery of flour with Messrs. Walker and Andrew Craig, and Seth Taylor.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-37" type="witnessName">
<interp inst="t18920502-name-37" type="gender" value="male"/>
<interp inst="t18920502-name-37" type="surname" value="LEVY"/>
<interp inst="t18920502-name-37" type="given" value="ABRAHAM"/>ABRAHAM LEVY</persName> </hi>. I live at 14, Tilley Street, Spitalfields—I know the van and the two ponies—£21 is a reasonable price for them; it is more than I would give for them—one has been sold, the other has since died.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-38" type="witnessName">
<interp inst="t18920502-name-38" type="gender" value="male"/>
<interp inst="t18920502-name-38" type="surname" value="LAVINE"/>
<interp inst="t18920502-name-38" type="given" value="MARCUS"/>MARCUS LAVINE</persName> </hi>. I am a fancy-box maker, of 30, Great Alie Street, Goodman's Fields—in March, last year, I was in want of money for my business, and applied to Mr. Effrath for a loan of £50—I spoke to Mr. Harris to get security, and got from him two post-dated cheques of £25 each—I borrowed them of him for the prisoner; as I got money come in I paid him in small sums—by the middle of April I repaid the first £25; the second cheque I paid myself—I heard of the verdict against the prisoner—I saw him about it—I did not give him the cheque, only
<hi rend="italic">favour</hi> to oblige him, that was all—the second £25 I gave to Mr. Effrath—he gave me a cheque, and I returned it to Mr. Haimsohn—I paid him the first £25 in email sums—I did not tell him about the second £25—I did not pay him anything on the second cheque.</p>
<hi rend="italic">Cross-examined.</hi> I am a countryman of the prisoner; he is not a relative, only a friend.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-39" type="witnessName">
<interp inst="t18920502-name-39" type="gender" value="male"/>
<interp inst="t18920502-name-39" type="surname" value="LEVIN"/>
<interp inst="t18920502-name-39" type="given" value="HYAM"/>HYAM LEVIN</persName> </hi> (
<hi rend="italic">Interpreted</hi>). I live at 16, Brick Lane, Spitalfields, and am a butcher—I have lent the prisoner £8 on the eve of the Passover; it was repaid on the Sunday or Monday following the Passover—I think my son went to the prisoner's house, and the money was handed to him—that money was lent without interest—I had lent money in the same way before, a good many times, and had been repaid.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-40" type="witnessName">
<interp inst="t18920502-name-40" type="gender" value="male"/>
<interp inst="t18920502-name-40" type="surname" value="COHEN"/>
<interp inst="t18920502-name-40" type="given" value="JUDAH"/>JUDAH COHEN</persName> </hi> (
<hi rend="italic">Interpreted</hi>), I live at 30, Jane Street, Commercial Road—on the eve of Passover, 1891,1 handed my savings of £8 10s. to the prisoner, to keep for me for three days until the Passover feast was over, as I thought it was not safe in my lodgings—it was returned to me four days afterwards, on a Monday.</p>
<hi rend="italic">Cross-examined.</hi> I did not lend the money to the prisoner; I was in fear of my money, and gave it to the prisoner to keep it for me.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-41" type="witnessName">
<interp inst="t18920502-name-41" type="gender" value="male"/>
<interp inst="t18920502-name-41" type="surname" value="TAYLOR"/>
<interp inst="t18920502-name-41" type="given" value="JOHN DOUGLAS"/>JOHN DOUGLAS TAYLOR</persName> </hi>. I*am in the employment of my father, Seth "Taylor, of the Waterloo Flour Mills, Waterloo Bridge—the prisoner has had dealings with my father for some years, and up to April, 1891—we have always found him honest and straightforward—in 1891 he, being; in pecuniary difficulties, came and saw my father, and explained his position, and an arrangement was made by which he was paying instalments up to April, 1891, I believe—I should think his debt to my father was about £500—the price of the flour we sold him on 14th April was 26s. lid. a sack, I believe, and selling it at 31s. would be at a reasonable profit.</p>
<p>G. W.
<hi rend="smallCaps">RHODES</hi>. I am a clerk in the firm of Klein and Son, flour factors—the prisoner has been our customer for some years, and down to April, 1891—we supplied him with flour as late as 26th March, 1891; thirty sacks at 33s. per sack—on 18th March, 1891, the prisoner paid our firm £157 10s. for flour—there was flour for delivery to him on 1st</p>
<xptr type="pageFacsimile" doc="189205020014"/>
<p>April—during all the time he has had business transactions with our firm his character was that of an honest and straightforward man.</p>
<hi rend="smallCaps">TASKER</hi>. I am a clerk in the firm of Hunter, Craig and Co., of the Corn Exchange, flour factors—we had business transactions with the prisoner, and always found him honest and straightforward in his dealings—in April, 1891, he returned to us a delivery order for flour which, he had previously purchased, and which was going to be delivered to him—he had not paid for it.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-42" type="witnessName">
<interp inst="t18920502-name-42" type="gender" value="male"/>
<interp inst="t18920502-name-42" type="surname" value="WINDSOR"/>
<interp inst="t18920502-name-42" type="given" value="FREDERICK"/>FREDERICK WINDSOR</persName> </hi>. I represent the firm of H. and E. Walker and Co., flour factors—the prisoner has had dealings with our firm for a number of years, and has always been straightforward and honest in his transactions—in April he returned to us a delivery order for 100 bags of flour which he had ordered—in April, 1891, he paid us £61 1s. 3d., which was overdue; this is the receipt.</p>
<hi rend="italic">Two other witnesses deposed to his good character.</hi> </p>
<hi rend="smallCaps">
<rs id="t18920502-462-verdict-1" type="verdictDescription">
<interp inst="t18920502-462-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18920502-462-verdict-1" type="verdictSubcategory" value="withRecommendation"/>GUILTY</rs> </hi>.
<hi rend="italic">The</hi>
<hi rend="smallCaps">JURY</hi>
<hi rend="italic">added that they thought it probable the prisoner had acted through ignorance, and strongly recommended him to mercy,—
<rs id="t18920502-462-punishment-2" type="punishmentDescription">
<interp inst="t18920502-462-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t18920502-462-punishment-2" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-462-18920502 t18920502-462-punishment-2"/>Two Weeks' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18920502-463">
<interp inst="t18920502-463" type="uri" value="sessionsPapers/18920502"/>
<interp inst="t18920502-463" type="date" value="18920502"/>
<join result="criminalCharge" id="t18920502-463-charge-1" targOrder="Y" targets="def1-463-18920502 t18920502-463-offence-1 t18920502-463-verdict-1"/>
<join result="criminalCharge" id="t18920502-463-charge-2" targOrder="Y" targets="def1-463-18920502 t18920502-463-offence-2 t18920502-463-verdict-1"/>
<persName id="def1-463-18920502" type="defendantName">
<interp inst="def1-463-18920502" type="gender" value="male"/>
<interp inst="def1-463-18920502" type="age" value="20"/>
<interp inst="def1-463-18920502" type="surname" value="SMITHSON"/>
<interp inst="def1-463-18920502" type="given" value="ARTHUR"/>
<hi rend="largeCaps">ARTHUR SMITHSON</hi> (20)</persName>
<rs id="t18920502-463-offence-1" type="offenceDescription">
<interp inst="t18920502-463-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18920502-463-offence-1" type="offenceSubcategory" value="forgery"/>
<hi rend="smallCaps">
<rs id="t18920502-463-verdict-1" type="verdictDescription">
<interp inst="t18920502-463-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18920502-463-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to forging and uttering an endorsement on a cheque for £12 0s. 9d.;</rs>
<rs id="t18920502-463-offence-2" type="offenceDescription">
<interp inst="t18920502-463-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18920502-463-offence-2" type="offenceSubcategory" value="simpleLarceny"/>
<hi rend="italic"> also to stealing & letter and a banker's cheque for £12 0s. 9d.; also</hi> to a previous conviction of felony in October, 1891.—</rs>
<hi rend="italic">
<rs id="t18920502-463-punishment-3" type="punishmentDescription">
<interp inst="t18920502-463-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t18920502-463-punishment-3" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-463-18920502 t18920502-463-punishment-3"/>Twelve Months' Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18920502-464">
<interp inst="t18920502-464" type="uri" value="sessionsPapers/18920502"/>
<interp inst="t18920502-464" type="date" value="18920502"/>
<join result="criminalCharge" id="t18920502-464-charge-1" targOrder="Y" targets="def1-464-18920502 t18920502-464-offence-1 t18920502-464-verdict-1"/>
<persName id="def1-464-18920502" type="defendantName">
<interp inst="def1-464-18920502" type="gender" value="male"/>
<interp inst="def1-464-18920502" type="age" value="18"/>
<interp inst="def1-464-18920502" type="surname" value="GOUGH"/>
<interp inst="def1-464-18920502" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN GOUGH</hi> (18)</persName>
<rs id="t18920502-464-offence-1" type="offenceDescription">
<interp inst="t18920502-464-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18920502-464-offence-1" type="offenceSubcategory" value="mail"/>, to stealing a post-letter addressed to
<persName id="t18920502-name-45" type="victimName">
<interp inst="t18920502-name-45" type="gender" value="female"/>
<interp inst="t18920502-name-45" type="surname" value="ASHDOWN"/>
<join result="offenceVictim" targOrder="Y" targets="t18920502-464-offence-1 t18920502-name-45"/>Miss Ashdown</persName>, containing twelve 1d. postage stamps and a postal order for 20s., the property of
<persName id="t18920502-name-46" type="victimName">
<interp inst="t18920502-name-46" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18920502-464-offence-1 t18920502-name-46"/>the Postmaster-General</persName>, he being employed under the Post Office. </rs>
<rs id="t18920502-464-verdict-1" type="verdictDescription">
<interp inst="t18920502-464-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18920502-464-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded Guilty: See original trial image.]</rs>
<hi rend="italic">
<rs id="t18920502-464-punishment-4" type="punishmentDescription">
<interp inst="t18920502-464-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t18920502-464-punishment-4" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-464-18920502 t18920502-464-punishment-4"/>Three Months' Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18920502-465">
<interp inst="t18920502-465" type="uri" value="sessionsPapers/18920502"/>
<interp inst="t18920502-465" type="date" value="18920502"/>
<join result="criminalCharge" id="t18920502-465-charge-1" targOrder="Y" targets="def1-465-18920502 t18920502-465-offence-1 t18920502-465-verdict-1"/>
<join result="criminalCharge" id="t18920502-465-charge-2" targOrder="Y" targets="def2-465-18920502 t18920502-465-offence-1 t18920502-465-verdict-1"/>
<persName id="def1-465-18920502" type="defendantName">
<interp inst="def1-465-18920502" type="gender" value="male"/>
<interp inst="def1-465-18920502" type="age" value="24"/>
<interp inst="def1-465-18920502" type="surname" value="SALMON"/>
<interp inst="def1-465-18920502" type="given" value="JOHN JOSEPH"/>
<hi rend="largeCaps">JOHN JOSEPH SALMON</hi> (24)</persName> and
<persName id="def2-465-18920502" type="defendantName">
<interp inst="def2-465-18920502" type="gender" value="male"/>
<interp inst="def2-465-18920502" type="age" value="20"/>
<interp inst="def2-465-18920502" type="surname" value="ORFORD"/>
<interp inst="def2-465-18920502" type="given" value="JOHN WILLIAM"/>
<hi rend="largeCaps">JOHN WILLIAM ORFORD</hi> (20)</persName>
<rs id="t18920502-465-offence-1" type="offenceDescription">
<interp inst="t18920502-465-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18920502-465-offence-1" type="offenceSubcategory" value="mail"/>, to stealing while employed in. the Post Office a post parcel containing various articles, the property of
<persName id="t18920502-name-49" type="victimName">
<interp inst="t18920502-name-49" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18920502-465-offence-1 t18920502-name-49"/>the Postmaster-General</persName>.—</rs>
<rs id="t18920502-465-verdict-1" type="verdictDescription">
<interp inst="t18920502-465-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18920502-465-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded Guilty: See original trial image.]</rs>
<hi rend="italic">
<rs id="t18920502-465-punishment-5" type="punishmentDescription">
<interp inst="t18920502-465-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t18920502-465-punishment-5" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-465-18920502 t18920502-465-punishment-5"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-465-18920502 t18920502-465-punishment-5"/>Three Months' Hard Labour.</rs> </hi> And</p> </div1>
<div1 type="trialAccount" id="t18920502-466">
<interp inst="t18920502-466" type="uri" value="sessionsPapers/18920502"/>
<interp inst="t18920502-466" type="date" value="18920502"/>
<join result="criminalCharge" id="t18920502-466-charge-1" targOrder="Y" targets="def1-466-18920502 t18920502-466-offence-1 t18920502-466-verdict-1"/>
<persName id="def1-466-18920502" type="defendantName">
<interp inst="def1-466-18920502" type="gender" value="male"/>
<interp inst="def1-466-18920502" type="age" value="38"/>
<interp inst="def1-466-18920502" type="surname" value="WRIGHT"/>
<interp inst="def1-466-18920502" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN WRIGHT</hi> (38)</persName>
<rs id="t18920502-466-offence-1" type="offenceDescription">
<interp inst="t18920502-466-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18920502-466-offence-1" type="offenceSubcategory" value="fraud"/>, to unlawfully obtaining by false pretences from
<persName id="t18920502-name-51" type="victimName">
<interp inst="t18920502-name-51" type="gender" value="male"/>
<interp inst="t18920502-name-51" type="surname" value="HUMPHRIES"/>
<interp inst="t18920502-name-51" type="given" value="SOLOMON JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18920502-466-offence-1 t18920502-name-51"/>Solomon John Humphries</persName> and
<persName id="t18920502-name-52" type="victimName">
<interp inst="t18920502-name-52" type="gender" value="male"/>
<interp inst="t18920502-name-52" type="surname" value="PHILLIPS"/>
<interp inst="t18920502-name-52" type="given" value="SAMUEL HENRY"/>
<join result="offenceVictim" targOrder="Y" targets="t18920502-466-offence-1 t18920502-name-52"/>Samuel Henry Phillips</persName>, his employers, money with intent to defraud.—</rs>
<rs id="t18920502-466-verdict-1" type="verdictDescription">
<interp inst="t18920502-466-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18920502-466-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded Guilty: See original trial image.]</rs>
<hi rend="italic">
<rs id="t18920502-466-punishment-6" type="punishmentDescription">
<interp inst="t18920502-466-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t18920502-466-punishment-6" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-466-18920502 t18920502-466-punishment-6"/>Twelve Months' Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18920502-467">
<interp inst="t18920502-467" type="uri" value="sessionsPapers/18920502"/>
<interp inst="t18920502-467" type="date" value="18920502"/>
<join result="criminalCharge" id="t18920502-467-charge-1" targOrder="Y" targets="def1-467-18920502 t18920502-467-offence-1 t18920502-467-verdict-2"/>
<join result="criminalCharge" id="t18920502-467-charge-2" targOrder="Y" targets="def2-467-18920502 t18920502-467-offence-1 t18920502-467-verdict-1"/>
<join result="criminalCharge" id="t18920502-467-charge-3" targOrder="Y" targets="def3-467-18920502 t18920502-467-offence-1 t18920502-467-verdict-3"/>
<persName id="def1-467-18920502" type="defendantName">
<interp inst="def1-467-18920502" type="gender" value="male"/>
<interp inst="def1-467-18920502" type="age" value="23"/>
<interp inst="def1-467-18920502" type="surname" value="MUND"/>
<interp inst="def1-467-18920502" type="given" value="LORENZO"/>
<hi rend="largeCaps">LORENZO MUND</hi> (23)</persName>,
<persName id="def2-467-18920502" type="defendantName">
<interp inst="def2-467-18920502" type="gender" value="female"/>
<interp inst="def2-467-18920502" type="age" value="24"/>
<interp inst="def2-467-18920502" type="surname" value="BRAUN"/>
<interp inst="def2-467-18920502" type="given" value="ANTONIA"/>
<hi rend="largeCaps">ANTONIA BRAUN</hi> (24)</persName>, and
<persName id="def3-467-18920502" type="defendantName">
<interp inst="def3-467-18920502" type="gender" value="female"/>
<interp inst="def3-467-18920502" type="age" value="33"/>
<interp inst="def3-467-18920502" type="surname" value="TOLLS"/>
<interp inst="def3-467-18920502" type="given" value="ANNIE"/>
<hi rend="largeCaps">ANNIE TOLLS</hi> (33)</persName>
<rs id="t18920502-467-offence-1" type="offenceDescription">
<interp inst="t18920502-467-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18920502-467-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing £1,020, the money of
<persName id="t18920502-name-56" type="victimName">
<interp inst="t18920502-name-56" type="gender" value="male"/>
<interp inst="t18920502-name-56" type="surname" value="TIETZ"/>
<interp inst="t18920502-name-56" type="given" value="GUSTAV"/>
<join result="offenceVictim" targOrder="Y" targets="t18920502-467-offence-1 t18920502-name-56"/>Gustav Tietz</persName>;
<hi rend="italic">Second Count</hi>, receiving the same.</rs> </p>
<hi rend="smallCaps">MR. MORRIS</hi>
<hi rend="italic">Prosecuted, and</hi>
<hi rend="smallCaps">MR. C.F. GILL</hi>
<hi rend="italic">Defended Mund.</hi> </p>
<hi rend="smallCaps">
<persName id="t18920502-name-57" type="witnessName">
<interp inst="t18920502-name-57" type="gender" value="male"/>
<interp inst="t18920502-name-57" type="surname" value="TIETZ"/>
<interp inst="t18920502-name-57" type="given" value="GUSTAV"/>GUSTAV TIETZ</persName> </hi> (
<hi rend="italic">Interpreted</hi>). I am living at the First Avenue Hotel—on Thursday night I was in Oxford Street and met Braun, and I went home with her to the Charing Cross Road—I remained there perhaps' a quarter of an hour—when we got into the room the door looked as if it was locked or shut, I tried to see whether it was so—in my pocket-book I had a £1,000 note, five £100 notes, and four £5 notes—when I was in bed I heard some sort of noise at the door—there were two gas burners alight—my clothes I had hung up on hooks on the door—the bed was a canopy bed, and was on the right-hand side of the door lengthways. (
<hi rend="italic">Sergeant Merritt produced a rough plan of the room at</hi> 137,
<hi rend="italic">Charing Cross Road</hi>)—this plan represents the position and shape of the bed and canopy—there was a mirror close to the door on the left-hand side—above the lock there was a bolt; whether it was open or not I cannot—before</p>
<xptr type="pageFacsimile" doc="189205020015"/>
<p>Braun came to bed she went to the door—afterwards, while I was dressing, a knock came to the door, and she went out of the room—when she came back I asked her what it was all about, and she said, "Oh, the woman only came to ask whether you wanted any coffee"—she was out a minute or so—I finished dressing and went out into the street; Braun accompanied me downstairs—I dressed near the door without looking at the mirror—when I had got outside and had walked a little distance the noise I had heard came back to my mind, and I immediately opened the pocket-book to see if I had everything safe—the pocket-book was in the inner pocket of my coat—I found that the £1,000 note and four £5 notes had gone, and that I had lost £1,020—I went to the corner, where I saw a policeman, who took me to the station-house, and I went with him to a house where I believed it had happened; at first I made a mistake and selected the house next to it, but I found out the mistake, and we went to the right house and searched it—I had not been drinking that night at all—the police-knocked at the door very loudly, but nobody came to open it at first, and then at last the landlady of the place was fetched, who took us round through the shop into the house—I searched the place; nothing was found—I received information afterwards at the hotel that the money had been found, and I afterwards saw the notes at the Police-station—when I returned to the room the bed had been put across, as it is in the plan, and the canopy had been pulled down; the whole room was arranged, no doubt, for the purpose of making it unrecognisable—there was no pole on which the curtains hung, but there was a holdfast and some knob or something which fastened to it—that was still there.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-58" type="witnessName">
<interp inst="t18920502-name-58" type="gender" value="male"/>
<interp inst="t18920502-name-58" type="surname" value="HARRISON"/>
<interp inst="t18920502-name-58" type="given" value="JOSEPH"/>JOSEPH HARRISON</persName> </hi> (224 C). On this night I was in Charing Cross Road—I met the prosecutor, and went with him to 145, Charing Cross Road; that was the wrong house—I went to the station with him; he made a complaint there—I returned with Detective Showers to 137, Charing Cross Road between one and two on Friday morning—after ringing the bell for some time a man opened the door from the inside; he said he was a lodger and could not get in—I went to the first floor and found all the doors looked—I sent for the landlord, who came and forced the door of the first floor front room—I entered with the prosecutor and Showers, and the prosecutor said, "This is the room"—I found nobody in the room—I arched the. premises, but found nothing—the room was in the condition in which it is shown by this plan.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. GILL</hi>. We went to 137, Charing Cross Road, and by the time we had examined it it was about a quarter to three a.m.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-59" type="witnessName">
<interp inst="t18920502-name-59" type="gender" value="male"/>
<interp inst="t18920502-name-59" type="surname" value="MERRITT"/>
<interp inst="t18920502-name-59" type="given" value="WILLIAM"/>WILLIAM MERRITT</persName> </hi> (
<hi rend="italic">Sergeant</hi> 30
<hi rend="italic">D</hi>). At three o'clock a.m. on Friday morning I was in Gresse Street, when I saw the two female prisoners and another man and a constable—I went and asked what was the matter—Tolls said that Braun had accompanied a man to 137, Charing Cross Road about eleven o'clock; they stayed there a few minutes, and then, left; that she herself went upstairs to clean the room, and found on the floor four Bank of England notes, one for £1,080 and three for £5—she spoke English perfectly well—she said she took the notes to her brother-in-law at No. 11, Grosse Street—that would be a quarter of a mile or more from 137, Charing Cross Road, I should think—Tolls stated, that her brother-in-law had snatched the notes out of her hand, and re
<xptr type="pageFacsimile" doc="189205020018"/>
<p>to give them back, and she wanted them to give back to the gentleman whom she knew, and was going to meet the following night at the Horse Shoe Hotel—I knocked at the door of 11, Gresse Street—Mund came to it, and seeing me he rushed back—the door was held by a woman—I pushed the door open, caught hold of Mund in the passage, and with the assistance of another constable brought him into the street—I told him that Tolls accused him of taking some notes from her; he said he knew nothing of any notes nor money—I told him I should take him into custody, and directed two constables to bring the woman—on the way to the station Mund said if I would let him go he would show me where the notes were—I did so, and followed him to the back room of the basement of 11, Gresse Street, and from a hole in the wall, close to the ceiling, hidden by a cornice and the wall paper, he took three notes, one for £1,000 and two for £5 each—I asked him where the other notes were—he said they were all he had—I took the three prisoners into custody—on the way to the station Mund called out that the two women had stolen the notes from a gentleman, and had brought and given them to him—I don't think he said which one had brought them to him—I received information at the station that the money had been stolen, and I informed the prosecutor—the prisoners were taken to Tottenham Court Road Station first, and then to Marlborough Mews, where they were charged—they all three understood the charge—they said nothing; Tolls said, before I apprehended Mund, she had been going backwards and forwards since eleven o'clock, looking for the prosecutor to give him back the notes—there was a scuffle when I arrested Mund, I had to get the assistance of another constable to assist me to get him into the street.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. GILL</hi>. I did not say before the Magistrate that there was a scuffle—Mund went back—the landlord afterwards said he had gone back to get his boots, as he was in his bare feet, that he did not think he had any boots on—Mund did not come back to me till I pushed the door open—after he left the door I could not see what he did—he was in the passage afterwards, and had his boots on—I do not speak German—I did not thoroughly understand whether Mund understood me or not—I afterwards made a note of the conversation—the statements he made were in English—I made my note after I had been examined before the Magistrate; it was not practicable for me to make it before, as all my time was taken up; I made it afterwards to aid my memory—the case came before the Magistrate at ten a.m.—I got to the station with the prosecutor the first time about half-past three, I daresay, and I was backwards and forwards—Mund's statement was not interpreted by Tolls—I did not ask her to interpret what he said—I asked her to translate one question, but I don't remember asking her to translate to me what he said, except one question—I said before, "I had difficulty in making Mund understand; I understood some of what he said; I had to get Tolls to translate the rest"—Tolls translated one question; it is not true that I had to get her to translate what I could not understand—"I had to get Tolls to translate the rest" means she translated the accusation she made against him; it does not refer to what he said—there were a lot of birds in the house the prisoner was in; I did not know that he was carrying on that business—I mean I never fought birds of him—he has never to my knowledge been charged before</p>
<xptr type="pageFacsimile" doc="189205020019"/>
<p>—I have taken a good deal of trouble in trying to find out—the address given by the women was not the prisoners' house—the woman in saying that he had the notes was very angry, and showed it; she was very calm, but angry; she displayed in her words that she was angry; she was not excited—when he said he did not know anything of the money or notes she said he knew he had taken them, that is all I mean when I say she was very angry with him—I do not mean that she was very excited in making a charge against him—she talked a great deal, and he did not—I do not know the other man who was there—Mund spoke broken English; I understood what he said.</p>
<hi rend="italic">Re-examined.</hi> Mund spoke in English when he made the statement about the notes being stolen by the woman—the morality of 11, Gresse Street is doubted by the police.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">MR. GILL</hi>. I had never been to that house before, and I have only been since to search for the notes, and to inquire about the prisoners' characters—before this I knew nothing of the house of my own knowledge—it was doubted by the police generally—I have seen the occupier; I do not know his name—that was the house Mund was in, and where the canaries were—he did not occupy the rest of the house.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-60" type="witnessName">
<interp inst="t18920502-name-60" type="gender" value="male"/>
<interp inst="t18920502-name-60" type="surname" value="WEBB"/>
<interp inst="t18920502-name-60" type="given" value="WILLIAM"/>WILLIAM WEBB</persName> </hi> (394
<hi rend="italic">D</hi>). On Friday morning, at three, I was in Gresse Street, and saw Braun and Tolls, and a man who was not Mund—Tolls said she had lost some money—a man at 11, Gresse Street had taken some money from her, and she asked me to go in and get it for her.</p>
<hi rend="italic">The Prisoners' statements before the Magistrate. Mund and Braun said:</hi> "I am not guilty; I reserve my defence."
<hi rend="italic">Tolls said:</hi> "I found the notes."</p>
<hi rend="italic">Braun, in her defence, said that she did not steal the notes.</hi> </p>
<hi rend="italic">Tolls said that she did not know anybody was in the bedroom, but that she heard voices there, and knocked and asked Braun if she wanted some coffee; that then she went out, and on coming back heard a dispute at the next house, and on inquiring was told that a gentleman had lost a</hi> £1,000
<hi rend="italic">note; that afterwards she went into the bedroom, and saw the bed disarranged, and found</hi> 7
<hi rend="italic">s</hi>.
<hi rend="italic">on the table, and the £1,000 note; that she ran out, thinking it belonged to the gentleman, but not seeing a policeman she took it to her brother-in-law, and asked him to keep it till she saw the girl as she did not know the gentleman herself; that she met Braun, and together they looked for the gentleman, and afterwards were going to fetch the money from Mund, when they met a policeman, and told him.</hi> </p>
<hi rend="largeCaps">BRAUN</hi>
<hi rend="smallCaps">
<rs id="t18920502-467-verdict-1" type="verdictDescription">
<interp inst="t18920502-467-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18920502-467-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p>
<hi rend="largeCaps">MUND</hi>
<hi rend="italic">
<rs id="t18920502-467-verdict-2" type="verdictDescription">
<interp inst="t18920502-467-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18920502-467-verdict-2" type="verdictSubcategory" value="no_subcategory"/>Guilty of receiving.</rs> </hi> </p>
<hi rend="largeCaps">TOLLS</hi>
<hi rend="smallCaps">
<rs id="t18920502-467-verdict-3" type="verdictDescription">
<interp inst="t18920502-467-verdict-3" type="verdictCategory" value="guilty"/>
<interp inst="t18920502-467-verdict-3" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<hi rend="largeCaps">MUND</hi>
<hi rend="italic">and</hi>
<hi rend="largeCaps">TOLLS</hi>
<hi rend="italic">
<rs id="t18920502-467-punishment-7" type="punishmentDescription">
<interp inst="t18920502-467-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t18920502-467-punishment-7" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-467-18920502 t18920502-467-punishment-7"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-467-18920502 t18920502-467-punishment-7"/>Six Months' Hard Labour Each</rs>.</hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Monday, May</hi> 2
<hi rend="italic">nd</hi>, 1892.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18920502-468">
<interp inst="t18920502-468" type="uri" value="sessionsPapers/18920502"/>
<interp inst="t18920502-468" type="date" value="18920502"/>
<join result="criminalCharge" id="t18920502-468-charge-1" targOrder="Y" targets="def1-468-18920502 t18920502-468-offence-1 t18920502-468-verdict-1"/>
<persName id="def1-468-18920502" type="defendantName">
<interp inst="def1-468-18920502" type="gender" value="male"/>
<interp inst="def1-468-18920502" type="age" value="21"/>
<interp inst="def1-468-18920502" type="surname" value="SAUNDERS"/>
<interp inst="def1-468-18920502" type="given" value="ALEXANDER"/>
<hi rend="largeCaps">ALEXANDER SAUNDERS</hi> (21)</persName>
<rs id="t18920502-468-offence-1" type="offenceDescription">
<interp inst="t18920502-468-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18920502-468-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin.</rs> </p>
<hi rend="smallCaps">MR. WILKINSON</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t18920502-name-62" type="witnessName">
<interp inst="t18920502-name-62" type="gender" value="female"/>
<interp inst="t18920502-name-62" type="surname" value="GRANGER"/>
<interp inst="t18920502-name-62" type="given" value="ANNIE"/>ANNIE GRANGER</persName> </hi>. I am barmaid at the Marquis of Granby, Clandos Street—on 16th April, in the evening, I served the prisoner with some</p>
<xptr type="pageFacsimile" doc="189205020020"/>
<p>lemonade and bitter ale, price 1 1/2 d; he gave me a florin; I bit it, it was gritty; I showed it to Mrs. Arnold; the prisoner could see that—he said nothing—she broke it in half on the engine; this is it—I had seen the prisoner there a fortnight before, when he had some mild and bitter ale and a 2d. cigar, and gave me half-a-crown—I eave him the change, and put it on the till; it was the only one there—I have no doubt about his being the man who was there on the first occasion.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-63" type="witnessName">
<interp inst="t18920502-name-63" type="gender" value="female"/>
<interp inst="t18920502-name-63" type="surname" value="ARNOLD"/>
<interp inst="t18920502-name-63" type="given" value="SARAH"/>SARAH ARNOLD</persName> </hi>. I manage the Marquis of Granby public-house—on 16th April, in the afternoon, I saw the prisoner there; Miss Granger made a communication to me—the prisoner could hear and see what was going on—I sent a man for a constable, and placed another at the door to prevent his going out—I tested the coin under the beer-pull, after the constable came, and then Rave the prisoner in charge—he said he did not know where he had taken it, and did not know it was bad—I had seen him on the Thursday, two days before, when another half-crown and a florin were shown me; I showed the half-crown to the barmaid, and put it away in a drawer by itself; I took it out again on the 18th—I identify both coins.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-64" type="witnessName">
<interp inst="t18920502-name-64" type="gender" value="male"/>
<interp inst="t18920502-name-64" type="surname" value="FLAVEL"/>
<interp inst="t18920502-name-64" type="given" value="JAMES"/>JAMES FLAVEL</persName> </hi> (460
<hi rend="italic">E</hi>). On 16th April I was called to the Marquis of Granby, and saw the prisoner—Mrs. Arnold said, "This man attempted to pass a bad two-shilling piece, and about a fortnight previously he did the same thing"—I said, "How do you account for having it in your possession?"—he said, "I don't know where I got it"—I took him to the station, and charged him—he then said to the barmaid, "I did not try to run out of the house;" she said, "No; a man was put there to prevent your running away"—I found on him a match-box, two half-crowns, and 1 1/4d.; two florins were handed to me, and I was told that a mistake had been made, it should have been a half-crown which he had the week previous—these are the coins—the inspector handed me the half-crown at the station.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-65" type="witnessName">
<interp inst="t18920502-name-65" type="gender" value="female"/>
<interp inst="t18920502-name-65" type="surname" value="ARNOLD"/>
<interp inst="t18920502-name-65" type="given" value="SARAH"/>SARAH ARNOLD</persName> </hi> (
<hi rend="italic">Re-examined</hi>). I made a mistake and gave two florins to the inspector—the second one was in a drawer by itself.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-66" type="witnessName">
<interp inst="t18920502-name-66" type="gender" value="male"/>
<interp inst="t18920502-name-66" type="surname" value="WHITE"/>
<interp inst="t18920502-name-66" type="given" value="WILLIAM JOHN"/>WILLIAM JOHN WHITE</persName> </hi>. I am Inspector of Coin to H. M. Mint—this half-crown and florin are both counterfeit.</p>
<hi rend="italic">The prisoner, in his statement before the Magistrate and in his defence, denied uttering the first coin, and stated that he received the second in change for a half-sovereign, and did not know it was bad.</hi>
<hi rend="smallCaps">
<rs id="t18920502-468-verdict-1" type="verdictDescription">
<interp inst="t18920502-468-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18920502-468-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18920502-469">
<interp inst="t18920502-469" type="uri" value="sessionsPapers/18920502"/>
<interp inst="t18920502-469" type="date" value="18920502"/>
<join result="criminalCharge" id="t18920502-469-charge-1" targOrder="Y" targets="def1-469-18920502 t18920502-469-offence-1 t18920502-469-verdict-1"/>
<persName id="def1-469-18920502" type="defendantName">
<interp inst="def1-469-18920502" type="gender" value="male"/>
<interp inst="def1-469-18920502" type="age" value="35"/>
<interp inst="def1-469-18920502" type="surname" value="SOLOMONS"/>
<interp inst="def1-469-18920502" type="given" value="SAMUEL"/>
<hi rend="largeCaps">SAMUEL SOLOMONS</hi> (35)</persName>
<rs id="t18920502-469-offence-1" type="offenceDescription">
<interp inst="t18920502-469-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18920502-469-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Feloniously uttering counterfeit coin.</rs> </p>
<hi rend="smallCaps">MR. PARTRIDGE</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t18920502-name-68" type="witnessName">
<interp inst="t18920502-name-68" type="gender" value="female"/>
<interp inst="t18920502-name-68" type="surname" value="BROWN"/>
<interp inst="t18920502-name-68" type="given" value="ANNIE"/>ANNIE BROWN</persName> </hi>. I wash glasses at the King's Arms, Cheyne Walk, Chelsea, and sometimes serve in the bar—on April 1st the prisoner called for a glass of port wine and a twopenny cigar; I got them, and he gave me this crown piece (
<hi rend="italic">produced</hi>); I took it to Miss Clayton, who took it to Walter Charles Clayton—he stopped my giving the prisoner the change.</p>
<hi rend="italic">Cross-examined by the prisoner.</hi> The manager threw it on the counter, and said "This is bad"—you did not attempt to run away—I saw Mr. Clayton scrape the edge of the coin in your presence.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-69" type="witnessName">
<interp inst="t18920502-name-69" type="gender" value="female"/>
<interp inst="t18920502-name-69" type="surname" value="CLAYTON"/>
<interp inst="t18920502-name-69" type="given" value="ELIZABETH"/>ELIZABETH CLAYTON</persName> </hi>. I assist at the King's Arms—on April 1st the</p>
<xptr type="pageFacsimile" doc="189205020021"/>
<p>last witness handed me this crown piece; it felt rather light, and I handed' it to my brother—I saw the prisoner there.</p>
<hi rend="italic">Cross-examined.</hi> You did not bounce the coin—the girl handed you the change; you did not hand it back to the manager—my brother gave me the change, and I handed it to Annie Brown—the manager shaved the edge of the coin away in my presence; you did not attempt to run away while the constable was coming; it took ten or fifteen minutes to fetch him.</p>
<hi rend="italic">Re-examined.</hi> Mr. Clayton said, in the prisoner's presence, that he was going for a constable.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-70" type="witnessName">
<interp inst="t18920502-name-70" type="gender" value="male"/>
<interp inst="t18920502-name-70" type="surname" value="HAYTER"/>
<interp inst="t18920502-name-70" type="given" value="ARTHUR"/>ARTHUR HAYTER</persName> </hi> (90
<hi rend="italic">B</hi>). On April 1st, at 1.20, Mr. Clayton spoke to me, and I went to the King's Arms and saw the prisoner—I said, "Hare you tendered this coin?"—he said, "yes"—I said, "How do you account for having it in your possession?"—he said his master, Mr. Frederick Lamb, gave it him in the Borough Market—we went to the station, and Mr. Clayton charged him—he gave his address 14, Masters Street, but I could not find it.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-71" type="witnessName">
<interp inst="t18920502-name-71" type="gender" value="male"/>
<interp inst="t18920502-name-71" type="surname" value="CLAYTON"/>
<interp inst="t18920502-name-71" type="given" value="WALTER CHARLES"/>WALTER CHARLES CLAYTON</persName> </hi>. I am manager at the King's Arms, and my sister serves there—on April 1st she brought me this crown for change, I threw it down on a desk and gave the five shillings change, and then I took another piece and scratched it, and then drew my teeth across it, and said, "Stop that man"—I went to the bar, and asked the prisoner where he got it; he said, "That is my business"—I said, "It is mine," and went round the other side of the door and found a constable, and showed him the crown—we went back together, and the prisoner was standing at the bar smoking; he said he got it in the Borough Market, from his master, and proposed that we should go to the station; we went there and made a statement to the inspector, who asked the prisoner what he had to say, but could not get a satisfactory answer—he gave his name Samuel Solomon, 14, Masters Street, Islington, and said that his master was Frederick Lamb, a fruit salesman, Borough Market—he offered to pay with a good shilling, but I would not accept it.</p>
<hi rend="italic">Cross-examined.</hi> You did not bounce the coin on the counter and say "This is not bad"—you could not have walked out of the house, because the potman was there, and one or two others—I was away from the shop five minutes before I came back with the constable.</p>
<hi rend="italic">Re-examined.</hi> I had to walk 120 or 150 yards to fetch the constable—the persons in the bar were aware that I had gone for a constable—it was clear that the prisoner was going to be charged; he said he would go quietly.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-72" type="witnessName">
<interp inst="t18920502-name-72" type="gender" value="male"/>
<interp inst="t18920502-name-72" type="surname" value="DOUGHTY"/>
<interp inst="t18920502-name-72" type="given" value="GEORGE"/>GEORGE DOUGHTY</persName> </hi> (
<hi rend="italic">Police Inspector B</hi>). When Hayter brought the prisoner in, Mr. Clayton said that he had tendered a counterfeit crown to his barmaid, but that he did not wish to charge him if he had done it innocently—the prisoner said he was a respectable working man, and got the coin from his master; I asked his master's name he said Mr. Frederick Lamb, a fruit salesman, Borough Market, and he had been in his employ four months as master's man—I asked his name and address—he said, "Samuel Solomon, 24, Masters Street, Islington, close to Upper Street Police-station"—I sent a telegram, and found there was no such street; he was then charged.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-73" type="witnessName">
<interp inst="t18920502-name-73" type="gender" value="male"/>
<interp inst="t18920502-name-73" type="surname" value="LAMB"/>
<interp inst="t18920502-name-73" type="given" value="EDWARD"/>EDWARD LAMB</persName> </hi>. I am a fruit sa'esman in the Borough Market—there was another fruit salesman of that name there two years ago. but he</p>
<xptr type="pageFacsimile" doc="189205020022"/>
<p>has left—I do not know the prisoner; I have not employed him as master's man—I never saw him to my knowledge—I did not give him a crown on April 1st; I do not recollect seeing him.</p>
<hi rend="italic">Cross-examined.</hi> I do not know you working in the market as master's man or as a fourth—there may be people in the market named Lamb and I not know it—there may be a greengrocer of that name, but not to my knowledge—you may have carried things for me in Covent Garden Market.</p>
<hi rend="italic">Re-examined.</hi> Fruit salesmen are men who have a regular place of business, where they are known in the market—I knew a vegetable grower who carried on business there two years ago named Lamb, but no one in April.</p>
<hi rend="italic">The prisoner, in his defence, stated that he was employed by a man as porter for eighteen turns, and received the five shilling piece in payment from Mr. Lamb; that he went to have a drink and found the coin bad. He maintained that Mr. Lamb had known him for years in Covent Garden Market.</hi> </p>
<hi rend="smallCaps">
<rs id="t18920502-469-verdict-1" type="verdictDescription">
<interp inst="t18920502-469-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18920502-469-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<hi rend="italic">He then</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>**
<hi rend="italic">to a conviction of a like offence on March</hi> 3
<hi rend="italic">rd</hi>, 1890,
<hi rend="italic">in the name of Michael Couchman, and six other convictions were proved against him.—
<rs id="t18920502-469-punishment-8" type="punishmentDescription">
<interp inst="t18920502-469-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t18920502-469-punishment-8" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-469-18920502 t18920502-469-punishment-8"/>Four Years' Penal Servitude.</rs> </hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Tuesday, May</hi> 3
<hi rend="italic">rd</hi>, 1892.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18920502-470">
<interp inst="t18920502-470" type="uri" value="sessionsPapers/18920502"/>
<interp inst="t18920502-470" type="date" value="18920502"/>
<join result="criminalCharge" id="t18920502-470-charge-1" targOrder="Y" targets="def1-470-18920502 t18920502-470-offence-1 t18920502-470-verdict-1"/>
<join result="criminalCharge" id="t18920502-470-charge-2" targOrder="Y" targets="def2-470-18920502 t18920502-470-offence-1 t18920502-470-verdict-1"/>
<persName id="def1-470-18920502" type="defendantName">
<interp inst="def1-470-18920502" type="gender" value="male"/>
<interp inst="def1-470-18920502" type="age" value="18"/>
<interp inst="def1-470-18920502" type="surname" value="COMPTON"/>
<interp inst="def1-470-18920502" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS COMPTON</hi> (18)</persName> and
<persName id="def2-470-18920502" type="defendantName">
<interp inst="def2-470-18920502" type="gender" value="male"/>
<interp inst="def2-470-18920502" type="age" value="17"/>
<interp inst="def2-470-18920502" type="surname" value="WOOD"/>
<interp inst="def2-470-18920502" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE WOOD</hi> (17)</persName>
<rs id="t18920502-470-offence-1" type="offenceDescription">
<interp inst="t18920502-470-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18920502-470-offence-1" type="offenceSubcategory" value="burglary"/>
<hi rend="smallCaps">
<rs id="t18920502-470-verdict-1" type="verdictDescription">
<interp inst="t18920502-470-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18920502-470-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to burglary in the dwelling-house of
<persName id="t18920502-name-76" type="victimName">
<interp inst="t18920502-name-76" type="gender" value="female"/>
<interp inst="t18920502-name-76" type="surname" value="TAYLOR"/>
<interp inst="t18920502-name-76" type="given" value="ELIZA"/>
<join result="offenceVictim" targOrder="Y" targets="t18920502-470-offence-1 t18920502-name-76"/>Eliza Taylor</persName>, and stealing a basket and other articles, her property. </rs>And</p> </div1>
<div1 type="trialAccount" id="t18920502-471">
<interp inst="t18920502-471" type="uri" value="sessionsPapers/18920502"/>
<interp inst="t18920502-471" type="date" value="18920502"/>
<join result="criminalCharge" id="t18920502-471-charge-1" targOrder="Y" targets="def1-471-18920502 t18920502-471-offence-1 t18920502-471-verdict-1"/>
<persName id="def1-471-18920502" type="defendantName">
<interp inst="def1-471-18920502" type="gender" value="male"/>
<interp inst="def1-471-18920502" type="age" value="35"/>
<interp inst="def1-471-18920502" type="surname" value="GATHERCOLE"/>
<interp inst="def1-471-18920502" type="given" value="ALFRED"/>
<hi rend="largeCaps">ALFRED GATHERCOLE</hi> (35)</persName>
<rs id="t18920502-471-offence-1" type="offenceDescription">
<interp inst="t18920502-471-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18920502-471-offence-1" type="offenceSubcategory" value="embezzlement"/>, to embezzling £10, £15, and £10, of
<persName id="t18920502-name-78" type="victimName">
<interp inst="t18920502-name-78" type="gender" value="male"/>
<interp inst="t18920502-name-78" type="surname" value="BROTHERS"/>
<interp inst="t18920502-name-78" type="given" value="POWELL"/>
<join result="offenceVictim" targOrder="Y" targets="t18920502-471-offence-1 t18920502-name-78"/>Powell Brothers</persName>, his masters. (
<hi rend="italic">His defalcations amounted to</hi> £1,000.)</rs>
<rs id="t18920502-471-verdict-1" type="verdictDescription">
<interp inst="t18920502-471-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18920502-471-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded Guilty: See original trial image.]</rs>
<hi rend="italic">
<rs id="t18920502-471-punishment-9" type="punishmentDescription">
<interp inst="t18920502-471-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t18920502-471-punishment-9" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-471-18920502 t18920502-471-punishment-9"/>Eighteen Months' Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18920502-472">
<interp inst="t18920502-472" type="uri" value="sessionsPapers/18920502"/>
<interp inst="t18920502-472" type="date" value="18920502"/>
<join result="criminalCharge" id="t18920502-472-charge-1" targOrder="Y" targets="def1-472-18920502 t18920502-472-offence-1 t18920502-472-verdict-1"/>
<join result="criminalCharge" id="t18920502-472-charge-2" targOrder="Y" targets="def2-472-18920502 t18920502-472-offence-1 t18920502-472-verdict-1"/>
<persName id="def1-472-18920502" type="defendantName">
<interp inst="def1-472-18920502" type="gender" value="male"/>
<interp inst="def1-472-18920502" type="age" value="62"/>
<interp inst="def1-472-18920502" type="surname" value="WOOD"/>
<interp inst="def1-472-18920502" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS WOOD</hi> (62)</persName> and
<persName id="def2-472-18920502" type="defendantName">
<interp inst="def2-472-18920502" type="gender" value="female"/>
<interp inst="def2-472-18920502" type="age" value="40"/>
<interp inst="def2-472-18920502" type="surname" value="CLARKE"/>
<interp inst="def2-472-18920502" type="given" value="ELIZABETH"/>
<hi rend="largeCaps">ELIZABETH CLARKE</hi> (40)</persName>
<rs id="t18920502-472-offence-1" type="offenceDescription">
<interp inst="t18920502-472-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18920502-472-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin.</rs> </p>
<hi rend="smallCaps">MR. PARTRIDGE</hi>
<hi rend="italic">Prosecuted, and</hi>
<hi rend="smallCaps">MR. GRIFFITHS</hi>
<hi rend="italic">Defended.</hi> </p>
<hi rend="smallCaps">
<persName id="t18920502-name-81" type="witnessName">
<interp inst="t18920502-name-81" type="gender" value="male"/>
<interp inst="t18920502-name-81" type="surname" value="MURPHY"/>
<interp inst="t18920502-name-81" type="given" value="JAMES"/>JAMES MURPHY</persName> </hi> (
<hi rend="italic">City Detective</hi>). On 14th April, about noon, I was with Miller in Queen's Road, Dalston, and saw the two prisoners leave No. 220; we followed them into Kingsland Road, where Miller missed me—I next saw the female prisoner about one o'clock in Finsbury Pavement, and Wood about forty yards behind her—they went into London Wall separately, and Glarke went into Lockhart's, a cook's shop, Wood remaining outside, apparently watching inside the shop—Clarke came out and stood at the corner of Blomfield Street, and Wood went that way and opened the Talbot public-house door and looked in, and then joined Clarke, who came back and went in at the same door—Wood remained outside till she came out; she went down Throgmorton Avenue, Wood following—they joined each other in Broad Street, and went through Gresham House, which is a thoroughfare, into Bishopsgate Street—they stopped in the passage and conversed, and Clarke gave Wood something, and then Wood gave Clarke something—Clarke went into Bishoppgate Street, Wood remaining in the passage—he then went out into Bishopsgate Street, and joined Clarke, and they went together into Gracechurch Street, where Clarke</p>
<xptr type="pageFacsimile" doc="189205020023"/>
<p>went into a sweetstuff shop, No. 11, while Wood remained. outside the door looking into the shop—Clarke came out and went into Bell Yard—Wood followed her, and she gave him a small paper bag—they then went into King William Street, where I got in front of them—they went into a cook's shop kept by Mrs. Stephenson—I spoke to the cashier, and saw Clarke come in, go to the counter, and give the cashier something, who gave her change and gave me this shilling—at that moment Miller came in—I saw "Wood standing in the passage, looking in the direction in which Miller went, who was speaking to the cashier—I spoke to Miller, and we went out—I noticed that Ward had his right fist clenched—I caught hold of his right arm, and Miller his left—he placed both his clenched fists together, leaned his weight on us, and bent his head to his hands, and I heard the clink of money—he threw himself on his back, and the three of us went down together—he apparently had something in his throat; we tried to make him disgorge it—I got my hand under his throat—I distinctly saw an impression in his throat, and he appeared to be choking—we lifted him up on his feet, and then he had something in his throat; he was making peculiar motions with his neck—not a word was said—we handed him over to Perry, a uniform constable—about a quarter of an hour afterwards I saw Clarke in Bishopsgate Street, and said, "I am a police officer; I am going to take you in custody for being concerned with a man already in custody in uttering a counterfeit shilling at a cook's shop in King William Street"—she said, "I don't know what you are talking about; it is all Latin to me"—I took her to Seething Lane Station; she was placed in the dock with Wood, and I said to her, "Do you know this man?"—she said, "No; he is a stranger to me"—I said to Wood, "Do you know this woman?"—he said, "No; I never saw her before in my life"—I had seen them together twice before; Clarke was carrying this small handbag; I found in it a purse containing three florins, a sixpence, and fivepence, all good—the inspector asked Wood for his address; he said, "I live at a coffee-shop over the water; I don't know exactly where it is" Clarke said she had no address—I know the cell in which Wood was confined.</p>
<hi rend="italic">Cross-examined.</hi> I am married, and have gone out shopping with my wife, and have stopped outside to see that sue did not spend too much money—I have bought sweets for my children, but never saw one of them put a handful into its mouth at once; the liability to choke would depend upon the size and the number of them—when Clarke came out of the sweetstuff-shop she had a paper-bag, and gave Wood something—I was in the shop, and heard her call for a penny cake, and saw her give something—I did not take her then, because Wood was the one I was looking after—I could not pull Wood's hands apart; it was all done in a second, and his weight was on us—I have been in the force about ten years, and have been here before—I saw an impression in his throat, but whether it was sweets or a bit of cake I cannot tell—there are five cells at the station, I think—this is not the first coiner I have taken.</p>
<hi rend="italic">Re-examined.</hi> Bullseyes do not jingle when they come together.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-82" type="witnessName">
<interp inst="t18920502-name-82" type="gender" value="male"/>
<interp inst="t18920502-name-82" type="surname" value="MELLBR"/>
<interp inst="t18920502-name-82" type="given" value="WILLIAM"/>WILLIAM MELLBR</persName> </hi> (
<hi rend="italic">City Detective</hi>). I was with Murphy, and saw the two prisoners leave 220, Queen's Road, Dalston—we followed them, and parted company from them—I went to King William Street about 1.15,</p>
<xptr type="pageFacsimile" doc="189205020024"/>
<p>and saw Clarke go into 64, King William Street, a cook's shop; Wood stood a short distance away, with his back to the window of a boot-shop—when Clarke came out I went in and saw Murphy, who spoke to me—Wood was standing in the passage, looking through the glass door—when we came out he turned his back to us—his hands were clenched—Murphy caught hold of his right hand, and I of his left—he drew both hands together, and changed some shillings from his right hand into his left, threw his head forward, put his mouth to his left hand, and put something into his mouth; he then threw himself on his back on the pavement, and struggled very hard—I said to Murphy, "Be has put something into his mouth"—we tried very hard to make him disgorge it, but he kept his mouth closed—we let him get up—Murphy called Perry, and we took him to Seething Lane Station—he was choking and very faint when we got there—I told him he would be charged with being concerned with a woman in uttering counterfeit shillings—he made no answer, but when we got into Great Tower Street he said, "You say I shall be charged with being concerned with a woman?"—I said, "Yes"—he said, "I have not been in the company of any woman to-day"—I found on him £3 17s. in silver, a watch, and other articles—Clarke was brought to the station, and Wood said to me, "Is that the woman?"—I said, "Yes; do you know her?"—he said, "No; I have never seen her before"—he was put in the dock where Clarke stood, and Murphy asked him if he knew her—he said, "No"—he then asked Clarke if she knew Wood—she said no, she never saw him before in her life—I found four sixpences and 3s. 7d. in bronze, loose in Wood's coat pocket; the other money was in a purse in his under-coat pocket.</p>
<hi rend="italic">Cross-examined.</hi> I found on him altogether £4 0s. 7d., all good money—he swallowed something; he had nothing in his hand afterwards—I tried my best to hold his hands down—I did not fall on top of him when he pulled us down; I don't know whether Murphy did—I found a pedlar's licence at his lodgings.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-83" type="witnessName">
<interp inst="t18920502-name-83" type="gender" value="female"/>
<interp inst="t18920502-name-83" type="surname" value="SADLER"/>
<interp inst="t18920502-name-83" type="given" value="ALICE"/>ALICE SADLER</persName> </hi>. I am cashier to J. and R. Sloman, confectioners, 64, King William Street—on 14th April Murphy came in about one o'clock and spoke to me—about the same time Clarke came in and had a cake; she brought me a penny check and gave me a shilling—I gave her elevenpence change, and put the shilling with my other money, and then gave it to Murphy, who cut a piece out of it—Clarke went out.</p>
<hi rend="italic">Cross-examined.</hi> I gave the coin to Murphy about half an hour after I received it—I was taken to the station to identify Clarke—I only knew her by her dress; she was not placed with others, only with Wood, but I have no doubt she is the same woman.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-84" type="witnessName">
<interp inst="t18920502-name-84" type="gender" value="female"/>
<interp inst="t18920502-name-84" type="surname" value="PAYNE"/>
<interp inst="t18920502-name-84" type="given" value="CLARA"/>CLARA PAYNE</persName> </hi>. I live at 220, Queen's Road, Dalston, and let lodgings—the prisoners lodged with me; they had one room for sleeping and living in, in the name of Mr. and Mrs. Clement—they have been gone about a fortnight—a policeman examined their room on the day they left.</p>
<hi rend="italic">Cross-examined.</hi> They were fond of my cat, and I suppose they gave it bed and meals—I suffer from fits.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-85" type="witnessName">
<interp inst="t18920502-name-85" type="gender" value="male"/>
<interp inst="t18920502-name-85" type="surname" value="OUTRAN"/>
<interp inst="t18920502-name-85" type="given" value="WALTER"/>WALTER OUTRAN</persName> </hi> (
<hi rend="italic">City Detective Sergeant</hi>). On 14th April I went with Miller to Mrs. Payne's house, who pointed out the second floor back room, where I found some plaster of Paris, some whitening, an earthenware pot, wet sand, this shilling under the carpet, and these three metal</p>
<xptr type="pageFacsimile" doc="189205020025"/>
<p>tins in a vase on the mantelshelf; also some white powder and a small bottle of oil—I showed them to the prisoners at the station, and Wood said, "The plaster of Paris was had to mend the fireplace with, did you notice that it had been mended?"—I said, "Yes, I did"—he said, "The whitening she used to clean the hearth, and the sand we clean the knives with; I lost a shilling in the room some time ago, and that must be the one; the piece of metal I know nothing about; did you notice there was something in that earthenware pot?"—I said, "Yes"—he said, "That was for the cat."</p>
<hi rend="italic">Cross-examined.</hi> The pot was not broken then; there was bread and milk in it, and there was a cat in the room—the shilling is good—this may be hair-oil—I have sand in my house for the bird-cage; I do not wet it; I do not think wet sand is useful for cleaning knives.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-86" type="witnessName">
<interp inst="t18920502-name-86" type="gender" value="male"/>
<interp inst="t18920502-name-86" type="surname" value="COX"/>
<interp inst="t18920502-name-86" type="given" value="THOMAS"/>THOMAS COX</persName> </hi>. I live at 15, Cannell Road, Leytonstone—it it my duty to clean the cells at Guildhall Police-court—on 28th April I found these six pieces of coin in a crack between two boards of a partition in the fourth cell.</p>
<hi rend="italic">Cross-examined.</hi> The cells are cleaned every morning—the boards are nine inches wide, but they do not come quite close together; they do not go through to the next cell; there was only just room to wedge them in—I have been in the other cell; the crack is only on one side; the wood has decayed through continual washing—the crack is vertical; it has cracked all the way down from the ceiling, and stops when it reaches the skirting-board.</p>
<hi rend="italic">Re-examined.</hi> The crack is within reach of any man put into the cell; it goes down within six inches of the floor—I did not examine the crack every day, but there was a stain on the skirting, and I had to go down on my knees to get it off, and then I saw it.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-87" type="witnessName">
<interp inst="t18920502-name-87" type="gender" value="male"/>
<interp inst="t18920502-name-87" type="surname" value="CURTIS"/>
<interp inst="t18920502-name-87" type="given" value="FREDERICK"/>FREDERICK CURTIS</persName> </hi> (206
<hi rend="italic">City</hi>). I am employed at Guildhall Police-court—on 16th April Wood was confined in the fourth cell, and on 20th April in the first cell.</p>
<hi rend="italic">Cross-examined.</hi> There is a stool in each cell in a corner, and the soil goes into the sewer.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-88" type="witnessName">
<interp inst="t18920502-name-88" type="gender" value="male"/>
<interp inst="t18920502-name-88" type="surname" value="WEBSTER"/>
<interp inst="t18920502-name-88" type="given" value="WILLIAM JOHN"/>WILLIAM JOHN WEBSTER</persName> </hi>. I am Inspector of Coin to Her Majesty's Mint—the shilling tendered is counterfeit—this other one (
<hi rend="italic">Found under the carpet</hi>) is good, and has been used as a pattern-piece, from which a mould has been made, and this counterfeit smiling has been made from the mould of which this good shilling was the pattern—these six shillings are counterfeit, and all from the same mould, but of different dates from the one uttered and from the pattern—plaster of Paris is used to make moulds and for other purposes—this bowl has been on the fire; these pieces of tin are like capsules—whitening is sometimes mixed with plaster of Paris.</p>
<hi rend="italic">Cross-examined.</hi> The bowl would do for heating tea, before it was broken, but it would be dirty; there are many reasons why it has been on the fire—whitening is used for cleaning windows and grates—I have never had capsules before in connection with coining; they look more like the capsules of a sauce bottle—the pattern shilling exhibits certain marks—they can coin without a galvanic battery.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-89" type="witnessName">
<interp inst="t18920502-name-89" type="gender" value="male"/>
<interp inst="t18920502-name-89" type="surname" value="CURTIS"/>
<interp inst="t18920502-name-89" type="given" value="FREDERICK"/>FREDERICK CURTIS</persName> </hi> (
<hi rend="italic">Re-examined</hi>). No person charged with uttering counterfeit coin has been confined in cell No. 4 since Wood was confined there.</p>
<xptr type="pageFacsimile" doc="189205020026"/>
<hi rend="italic">Cross-examined.</hi> November 18th was the last counterfeit coin case; I was there at the time—other prisoners have been confined there—counterfeit coin is sometimes found on prisoners not charged with coining.</p>
<hi rend="italic">Clarke's statement before the Magistrate:</hi> "All I can say is the three pieces of metal were in the room when I went there; they are used as a covering for buttons for ladies' jackets."</p>
<hi rend="smallCaps">
<rs id="t18920502-472-verdict-1" type="verdictDescription">
<interp inst="t18920502-472-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18920502-472-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18920502-473">
<interp inst="t18920502-473" type="uri" value="sessionsPapers/18920502"/>
<interp inst="t18920502-473" type="date" value="18920502"/>
<join result="criminalCharge" id="t18920502-473-charge-1" targOrder="Y" targets="def1-473-18920502 t18920502-473-offence-1 t18920502-473-verdict-1"/>
<join result="criminalCharge" id="t18920502-473-charge-2" targOrder="Y" targets="def2-473-18920502 t18920502-473-offence-1 t18920502-473-verdict-2"/>
<persName id="def1-473-18920502" type="defendantName">
<interp inst="def1-473-18920502" type="gender" value="male"/>
<interp inst="def1-473-18920502" type="age" value="32"/>
<interp inst="def1-473-18920502" type="surname" value="BUTFOY"/>
<interp inst="def1-473-18920502" type="given" value="RICHARD"/>
<hi rend="largeCaps">RICHARD BUTFOY</hi> (32)</persName> and
<persName id="def2-473-18920502" type="defendantName">
<interp inst="def2-473-18920502" type="gender" value="male"/>
<interp inst="def2-473-18920502" type="age" value="32"/>
<interp inst="def2-473-18920502" type="surname" value="BOSHER"/>
<interp inst="def2-473-18920502" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN BOSHER</hi> (32)</persName>
<rs id="t18920502-473-offence-1" type="offenceDescription">
<interp inst="t18920502-473-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18920502-473-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin.</rs> </p>
<hi rend="smallCaps">MR. PARTRIDGE</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t18920502-name-92" type="witnessName">
<interp inst="t18920502-name-92" type="gender" value="male"/>
<interp inst="t18920502-name-92" type="surname" value="FIELD"/>
<interp inst="t18920502-name-92" type="given" value="ARTHUR"/>ARTHUR FIELD</persName> </hi>. I am a house decorator, of 2, Luther Road, Kingston—on 11th April I went to the Sun Brewery, asked for a pint of Deer, and tendered this half-crown, dated 1874; Bosher was in the bar—the landlord said it was bad, and I took it back and paid him with good money—Bosher asked me to let him test it, and took it from me and went out of the bar, and said he would be back in a few minutes—I waited half an hour, but he did not return.</p>
<hi rend="italic">Cross-examined by Bosher.</hi> I did not give it to you; you snatched it from me.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-93" type="witnessName">
<interp inst="t18920502-name-93" type="gender" value="male"/>
<interp inst="t18920502-name-93" type="surname" value="HAMILTON"/>
<interp inst="t18920502-name-93" type="given" value="MARK"/>MARK HAMILTON</persName> </hi>. I am landlord of the Sun Brewery public-house, Hounslow—Field tendered me a bad half-crown, and as he was putting it back in his purse Bosher said, "Let me have a look at it," and put it between his teeth, and then put it on the floor and stamped on it, and said, "I will get it tested," and went out—Field waited about half an hour, and directly he left Bosher came back for some flowers which he had left on the counter.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-94" type="witnessName">
<interp inst="t18920502-name-94" type="gender" value="female"/>
<interp inst="t18920502-name-94" type="surname" value="HOLLEY"/>
<interp inst="t18920502-name-94" type="given" value="ELIZABETH"/>ELIZABETH HOLLEY</persName> </hi>. My husband is a bricklayer—we have two or three greenhouses, and I sell flowers—on 11th April, between two and three o'clock, Bosher came and selected a shillingsworth of flowers, and tendered a half-crown—I told him I did not like the look of it, and he said he would take it back to where he took it.</p>
<hi rend="italic">Cross-examined by Bosher.</hi> You were drunk—I have known you many years.</p>
<hi rend="italic">Re-examined.</hi> He knew what he was doing—he selected the flowers.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-95" type="witnessName">
<interp inst="t18920502-name-95" type="gender" value="female"/>
<interp inst="t18920502-name-95" type="surname" value="BENWELL"/>
<interp inst="t18920502-name-95" type="given" value="CLARA"/>CLARA BENWELL</persName> </hi>. My father keeps the Cross Lances, Hounslow, and I assist in the business—on 11th April, about 6.15, the two prisoners came in—Butfoy called for a pint of four ale and offered me this half-crown (
<hi rend="italic">The same coin</hi>)—I told him it was bad—he said, "Oh, is it? I drew six over Buccaneer," referring to a horse-race—I gave it back to him—he gave me twopence, and left.</p>
<hi rend="italic">Cross-examined by Butfoy.</hi> I had seen you there once before—you put it in your pocket and left.</p>
<hi rend="italic">Cross-examined by Bosher.</hi> You came in two minutes after Butfoy.</p>
<hi rend="italic">Re-examined.</hi> When Bosher came in Butfoy asked him to have some of the beer, and they shared it together.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-96" type="witnessName">
<interp inst="t18920502-name-96" type="gender" value="male"/>
<interp inst="t18920502-name-96" type="surname" value="BENWELL"/>
<interp inst="t18920502-name-96" type="given" value="CHARLES"/>CHARLES BENWELL</persName> </hi>. I am landlord of the Cross Lances—I saw Butfoy tender a half-crown, and my daughter said it was bad, and called my attention to it—I picked it up, and Butfoy gave her twopence for the ale, and put the coin in his pocket—Bosher drank some of the beer—Butfoy said he had a bet on some racehorse, and had six of those half-crowns given him, and he had got rid of four of them—I went outside,</p>
<xptr type="pageFacsimile" doc="189205020027"/>
<p>but could not find a policeman—they drank the beer and left, and went to the Gladstone.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-97" type="witnessName">
<interp inst="t18920502-name-97" type="gender" value="female"/>
<interp inst="t18920502-name-97" type="surname" value="MARCHANT"/>
<interp inst="t18920502-name-97" type="given" value="SARAH"/>SARAH MARCHANT</persName> </hi>. I am a daughter of the landlord of the Gladstone public-house, Hounslow—on 11th April, between six and seven o'clock, Butfoy came in and Bosher followed him—Butfoy called for half a pint of beer, price one penny, and gave me a half-crown very much like this—I took it to my mother, who came into the bar and told them it was bad—Butfoy said he did not think it was—Bosher went off, but Butfoy remained in the house till Detective Ward came in—my mother gave the coin to Butfoy.</p>
<hi rend="italic">Cross-examined by Butfoy.</hi> You did not say you were sorry it was bad, but it did not belong to you—you did not attempt to go out—I have seen you in the house once or twice before, but not in Bosher's company.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-98" type="witnessName">
<interp inst="t18920502-name-98" type="gender" value="female"/>
<interp inst="t18920502-name-98" type="surname" value="MARCHANT"/>
<interp inst="t18920502-name-98" type="given" value="JANE"/>JANE MARCHANT</persName> </hi>. I am the mother of the last witness—on April 11th she brought me a half-crown between 6.30 and 7—I believe this is it—I took it into the bar, and saw the two prisoners there—I said to Butfoy, "This is a bad half-crown you gave to my little girl"—he took it and handed it round the bar, and they all said it was bad—Bosher paid with a good coin and went out—I gave the coin to Butfoy.</p>
<hi rend="italic">Cross-examined by Butfoy.</hi> You did not say, "If it is bad I am sorry for it, but it is not mine"—you did not attempt to leave the house—that was the third time you have been there.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-99" type="witnessName">
<interp inst="t18920502-name-99" type="gender" value="male"/>
<interp inst="t18920502-name-99" type="surname" value="BULL"/>
<interp inst="t18920502-name-99" type="given" value="WILLIAM HENRY"/>WILLIAM HENRY BULL</persName> </hi>. I keep the Bed Lion at Hounslow—on April 11th, near 8 p.m., Bosher came in with a woman and asked for a pint of four ale—he tendered this half-crown (
<hi rend="italic">The same</hi>)—I told him it was bad—he said he was not aware of it, but his wife had taken it, and paid me with copper—I gave the coin back to him, and he left with it.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-100" type="witnessName">
<interp inst="t18920502-name-100" type="gender" value="male"/>
<interp inst="t18920502-name-100" type="surname" value="WARD"/>
<interp inst="t18920502-name-100" type="given" value="LEONARD"/>LEONARD WARD</persName> </hi> (
<hi rend="italic">Detective T</hi>). On April 11th a communication was made to me, and I went with Tilbury, to Hibernia Road, Hounslow—the Gladstone is in Albany Road—I kept observation on it, and saw Bosher leave it—Tilbury went in, and came out and spoke to me, and we went in together and said to the landlady in Butfoy's presence, "Have you had anyone here attempting to utter counterfeit coin?"—she said, "Yes; that man over in the corner," pointing to Butfoy, "just gave a bad half-crown to my daughter; I have given it back to him, and told him it was bad—Butfoy then took up a bag containing some clothes, and was going out of the house, but I said, "Wait a minute we are police officers; I am going to arrest you for uttering counterfeit coin"—he said nothing—I said, "I shall search you—he was so violent I could not do it—the other officer held one hand and I the other, and with assistance we took him to the station, and searched him—he said, "You are very clever, but you won't find any money about me"—I said, "Yes; I have not found the half-crown I am looking for"—he said, "No; I gave it to a
<hi rend="italic">chap</hi> when the landlord gave it back to me"—about eleven the same evening I went to a common lodging-house, and found a soldier in bed—I said, "I shall take you in custody for being concerned with another man in uttering a bad half-crown—he said, "It is all through the
<hi rend="italic">booze</hi>, or I should not have done it"—he was not drunk then, But he had evidently been drinking—I got him to the station, and searched him—he said, "You won't find it; I threw it over the field opposite the</p>
<xptr type="pageFacsimile" doc="189205020028"/>
<p>Lodging-house"—on the 14th I searched the field, and found this coin about 20 yards from the lodging-house—after I had searched him at the station I said, A communication was made to me that you went to Mr. Benwell's public-house, the Lances, prior to going to the Gladstone, and tendered a bad half-crown there, and when it was given back you told the barmaid that you had had six of them that you got over your winnings in a race, and had got rid of four of them"—he said, "Yes, that is right."</p>
<hi rend="italic">Cross-examined by Butfoy.</hi> You told me you had laid out all your money, and had bought some clothes at Mr. Wood's auction—you said the half-crown was not yours, and you had given it back to Bosher.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-101" type="witnessName">
<interp inst="t18920502-name-101" type="gender" value="male"/>
<interp inst="t18920502-name-101" type="surname" value="WEBSTER"/>
<interp inst="t18920502-name-101" type="given" value="WILLIAM JOHN"/>WILLIAM JOHN WEBSTER</persName> </hi>. I am Inspector of Coin to H.M. Mint—this half-crown is counterfeit.</p>
<hi rend="italic">Butfoy, in his defence, stated that he met Bosher by accident about six o'clock, and did not know what he had done with the half-crown previously, but he asked Bosher for sixpence, who said he had not got one, but told him to take it out of the half-crown, and they went and had a drink, and he threw down the. coin in the Lances, and they said it was bad, and he said he wished it was as good as six he had won over Buccaneer that day; then went to the Gladstone, where he said to the girl, "See if this is a good one" and gave it back to Bosher, and said he would not have anything more to do with it, but was taken in custody. Bosher, in his defence, said he was the worse for drink, and when Field put down the half crown and the manager said it was bad, he took it and went out, and asked a man if to was bad, and when he got back Field was gone; that he then asked Butfoy to let him have sixpence, who told him to take it out of the half-crown, but finding it was bad he threw it away not to get into trouble.</hi> </p>
<hi rend="largeCaps">BUTFOY</hi>
<hi rend="smallCaps">
<rs id="t18920502-473-verdict-1" type="verdictDescription">
<interp inst="t18920502-473-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18920502-473-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p>
<hi rend="largeCaps">BOSHER</hi>
<hi rend="smallCaps">
<rs id="t18920502-473-verdict-2" type="verdictDescription">
<interp inst="t18920502-473-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18920502-473-verdict-2" type="verdictSubcategory" value="withRecommendation"/>GUILTY,**</rs> </hi>
<hi rend="italic">Recommended to mercy by the Jury—
<rs id="t18920502-473-punishment-10" type="punishmentDescription">
<interp inst="t18920502-473-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t18920502-473-punishment-10" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-473-18920502 t18920502-473-punishment-10"/>Three Months' Hard Labour.</rs> </hi> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday, May</hi> 4
<hi rend="italic">th</hi>, 1892.</p>
<hi rend="italic">Before Mr. Justice Grantham.</hi> </p>
<div1 type="trialAccount" id="t18920502-474">
<interp inst="t18920502-474" type="uri" value="sessionsPapers/18920502"/>
<interp inst="t18920502-474" type="date" value="18920502"/>
<join result="criminalCharge" id="t18920502-474-charge-1" targOrder="Y" targets="def1-474-18920502 t18920502-474-offence-1 t18920502-474-verdict-1"/>
<persName id="def1-474-18920502" type="defendantName">
<interp inst="def1-474-18920502" type="gender" value="female"/>
<interp inst="def1-474-18920502" type="surname" value="CAMPBELL"/>
<interp inst="def1-474-18920502" type="given" value="KATE"/>
<hi rend="largeCaps">KATE CAMPBELL</hi> </persName>
<rs id="t18920502-474-offence-1" type="offenceDescription">
<interp inst="t18920502-474-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18920502-474-offence-1" type="offenceSubcategory" value="wounding"/> (3p), Unlawfully attempting to drown
<persName id="t18920502-name-103" type="victimName">
<interp inst="t18920502-name-103" type="gender" value="female"/>
<interp inst="t18920502-name-103" type="surname" value="CAMPBELL"/>
<interp inst="t18920502-name-103" type="given" value="JANE ALLEN"/>
<join result="offenceVictim" targOrder="Y" targets="t18920502-474-offence-1 t18920502-name-103"/>Jane Allen Campbell</persName>.</rs> </p>
<hi rend="smallCaps">MR. KEELING</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t18920502-name-104" type="witnessName">
<interp inst="t18920502-name-104" type="gender" value="male"/>
<interp inst="t18920502-name-104" type="surname" value="ANNIS"/>
<interp inst="t18920502-name-104" type="given" value="ARTHUR"/>ARTHUR ANNIS</persName> </hi> (179
<hi rend="italic">B</hi>). On the night of 24th April, about a quarter to one, I was on point duty at the foot of Chelsea Bridge, on the Pimlico side—I saw the prisoner there with two children; one was the baby she now has in her arms, the other was about four years old—she went on the bridge—thinking it suspicious, I followed them towards Battersea—she came back again—I told her I should not leave her there all night, she must go home—she went across the bridge towards Pimlico; seeing a man come up, I thought they were related, and I let them go on together—as soon as the prisoner got round the pillar, which hid her from my sight, I heard the child screaming, and on running forward I saw the child hanging over the parapet of the bridge, catching hold of the railing with one hand—I immediately shifted her away from the side of the bridge; the witness Cliff came up and caught hold of the child—I told the prisoner I should take her into custody, and she made no re
<xptr type="pageFacsimile" doc="189205020029"/>
<p>—she was perfectly sober—on the way to the station she made some complaint about being ill-used at home.</p>
<hi rend="italic">Cross-examined by the prisoner.</hi> You had the baby in one arm, and had hold of the arm of the other child on the top of the parapet; it was not standing on the footpath; I did not see you attempt to throw the baby in the water, nor yourself.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-105" type="witnessName">
<interp inst="t18920502-name-105" type="gender" value="male"/>
<interp inst="t18920502-name-105" type="surname" value="CLIFF"/>
<interp inst="t18920502-name-105" type="given" value="JOHN"/>JOHN CLIFF</persName> </hi>. I live at 7, Goldstein Terrace, Battersea, and am a fish fryer—on 24th April, about one o'clock, I was coming over Chelsea Bridge, and saw the constable moving the prisoner on; I stepped back, as I suspected something wrong—she had one child in her arms, and the other one by her side—as soon as the constable had left her she picked up the child that was on the ground, and attempted to throw it over the side—I ran and caught hold of her and the child—it was level with the rail, and had hold of it with its hand—she was trying to put it over the side—the child cried out, "Mother, don't put main the water"—the constable came up and took her to the station.</p>
<hi rend="italic">Cross-examined.</hi> You had your baby in your arms; you lifted the child while you had the baby in your arms; you held up the child by the stomach, and it lay on the rail.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-106" type="witnessName">
<interp inst="t18920502-name-106" type="gender" value="male"/>
<interp inst="t18920502-name-106" type="surname" value="POSTER"/>
<interp inst="t18920502-name-106" type="given" value="CHARLES"/>CHARLES POSTER</persName> </hi> (
<hi rend="italic">Inspector B</hi>). On 24th April, about half-past one a.m., I was on duty at Gerald's Road Police-station, when the prisoner and her two children were brought in by Annis and Cliff, who told me what they had seen—I said to the prisoner, "This is a serious matter; do you wish to say anything?"—she said, "All I have to say is that I did intend to take my children's lives and my own; if I had got the one over I could soon have got over with the other. It is not the first time. I have got five children, and my husband has done no work since Christmas Eve; he has only earned a few shillings. I expected a good week's wages from him last Saturday night, but he gave me none, and I was compelled to sell a glass for half-a-crown to be able to take my sick child to a doctor. I have had to dispose of nearly all my home to keep ourselves. I have only had two pieces of bread to-day, and my husband has not been home. He can find money to get drunk with, and get locked up"—she was charged, and made no reply—she was quite sober—I thought she seemed somewhat strange and excited, and I sent for the divisional surgeon, Dr. O'Brien, who came and said in her presence she was perfectly sane, and able to be put in the cell—I went to 28, Tyneham Road, Battersea, where she lived; the door was opened by a little girl—they lived in two rooms in the basement—on entering the back room, which was poorly furnished, I found the husband lying drunk on the couch—I had great difficulty in rousing him—there was a sick child lying on the bed, and two other children dressed—I found no food; only a pennyworth of butter and some bread—the husband was in the precincts of the Court here on Monday, drunk—he is a tailor; he was in good employment up to last Christmas at the Civil Service Stores, but was discharged on account of his drunken habits.</p>
<hi rend="italic">The prisoner's statement before the Magistrate:</hi> "My husband is a very good father and husband; only when he takes to drink he don't seem able to manage himself.</p>
<hi rend="italic">The prisoner, in her defence, stated that she had no intention of drowning herself or children, and what she said was only to frighten the child, and what</hi> </p>
<xptr type="pageFacsimile" doc="189205020030"/>
<hi rend="italic">she said at the station was to frighten her husband, thinking it might do him good.</hi> </p>
<hi rend="smallCaps">
<rs id="t18920502-474-verdict-1" type="verdictDescription">
<interp inst="t18920502-474-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18920502-474-verdict-1" type="verdictSubcategory" value="withRecommendation"/>GUILTY.—
<hi rend="italic">Strongly recommended to mercy by the</hi> </rs> </hi>
<hi rend="smallCaps">JURY</hi>
<hi rend="italic">on account of the provocation brought about by the husband's drunken habits. The inspector said that she bore a very good character.
<rs id="t18920502-474-punishment-11" type="punishmentDescription">
<interp inst="t18920502-474-punishment-11" type="punishmentCategory" value="miscPunish"/>
<interp inst="t18920502-474-punishment-11" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-474-18920502 t18920502-474-punishment-11"/>Discharged on her own recognisance to appear for judgment if called upon.</rs> The</hi>
<hi rend="smallCaps">GRAND JURY</hi>
<hi rend="italic">had commended the conduct of the witnesses Annis and Cliff, in which the</hi>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">concurred.</hi> </p> </div1>
<div1 type="trialAccount" id="t18920502-475">
<interp inst="t18920502-475" type="uri" value="sessionsPapers/18920502"/>
<interp inst="t18920502-475" type="date" value="18920502"/>
<join result="criminalCharge" id="t18920502-475-charge-1" targOrder="Y" targets="def1-475-18920502 t18920502-475-offence-1 t18920502-475-verdict-1"/>
<persName id="def1-475-18920502" type="defendantName">
<interp inst="def1-475-18920502" type="gender" value="male"/>
<interp inst="def1-475-18920502" type="age" value="16"/>
<interp inst="def1-475-18920502" type="surname" value="HORRICKS"/>
<interp inst="def1-475-18920502" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS HORRICKS</hi> (16)</persName>
<rs id="t18920502-475-offence-1" type="offenceDescription">
<interp inst="t18920502-475-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18920502-475-offence-1" type="offenceSubcategory" value="rape"/>, Feloniously and carnally knowing
<persName id="t18920502-name-108" type="victimName">
<interp inst="t18920502-name-108" type="gender" value="female"/>
<interp inst="t18920502-name-108" type="age" value="5"/>
<interp inst="t18920502-name-108" type="surname" value="HORRICKS"/>
<interp inst="t18920502-name-108" type="given" value="CATHERINE"/>
<join result="offenceVictim" targOrder="Y" targets="t18920502-475-offence-1 t18920502-name-108"/>Catherine Horricks</persName>, a girl aged five years.</rs> </p>
<hi rend="smallCaps">MR. ROUTH</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<rs id="t18920502-475-verdict-1" type="verdictDescription">
<interp inst="t18920502-475-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18920502-475-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18920502-475-punishment-12" type="punishmentDescription">
<interp inst="t18920502-475-punishment-12" type="punishmentCategory" value="corporal"/>
<interp inst="t18920502-475-punishment-12" type="punishmentSubcategory" value="whipping"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-475-18920502 t18920502-475-punishment-12"/>Eighteen Strokes with the Birch.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18920502-476">
<interp inst="t18920502-476" type="uri" value="sessionsPapers/18920502"/>
<interp inst="t18920502-476" type="date" value="18920502"/>
<join result="criminalCharge" id="t18920502-476-charge-1" targOrder="Y" targets="def1-476-18920502 t18920502-476-offence-1 t18920502-476-verdict-1"/>
<join result="criminalCharge" id="t18920502-476-charge-2" targOrder="Y" targets="def1-476-18920502 t18920502-476-offence-2 t18920502-476-verdict-2"/>
<persName id="def1-476-18920502" type="defendantName">
<interp inst="def1-476-18920502" type="gender" value="male"/>
<interp inst="def1-476-18920502" type="age" value="23"/>
<interp inst="def1-476-18920502" type="surname" value="FERRIN"/>
<interp inst="def1-476-18920502" type="given" value="EDWARD"/>
<hi rend="largeCaps">EDWARD FERRIN</hi> (23)</persName>
<rs id="t18920502-476-offence-1" type="offenceDescription">
<interp inst="t18920502-476-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18920502-476-offence-1" type="offenceSubcategory" value="assault"/>, Unlawfully assaulting
<persName id="t18920502-name-110" type="victimName">
<interp inst="t18920502-name-110" type="gender" value="male"/>
<interp inst="t18920502-name-110" type="surname" value="LEWIS"/>
<interp inst="t18920502-name-110" type="given" value="ALFRED"/>
<join result="offenceVictim" targOrder="Y" targets="t18920502-476-offence-1 t18920502-name-110"/>Alfred Lewis</persName> and
<persName id="t18920502-name-111" type="victimName">
<interp inst="t18920502-name-111" type="gender" value="male"/>
<interp inst="t18920502-name-111" type="surname" value="CALVERT"/>
<interp inst="t18920502-name-111" type="given" value="HUGH"/>
<join result="offenceVictim" targOrder="Y" targets="t18920502-476-offence-1 t18920502-name-111"/>Hugh Calvert</persName>.</rs> </p>
<hi rend="smallCaps">MR. ELDRIDGE</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t18920502-name-112" type="witnessName">
<interp inst="t18920502-name-112" type="gender" value="male"/>
<interp inst="t18920502-name-112" type="surname" value="LEWIS"/>
<interp inst="t18920502-name-112" type="given" value="ALFRED"/>ALFRED LEWIS</persName> </hi>. I am a carpenter, and live at 7, Savage Street, Marylebone—on the night of 7th April I and Calvert and Louis Plouns went to 120, Wardour Street, to see Mr. Phillipe—I rang the electric bell at the front door; no one came, and we went round to the back door in Ship Yard; there was no bell or knocker there; we kicked at the door; some one came, I thought it was Phillipe—a white bull-terrier rushed out at us and growled, and went back; then I saw a flash and heard a report; I am nearly sure I heard three reports—we ran away, and three or four yards higher up I met Phillipe and gave him in charge for firing at mediator on I saw the prisoner, and said to him, "Did you fire a revolver?"—he said, "Yes, I fired, and I made them run"—I said, "You fired at me; come to the station and get Phillipe out, he is accused wrongly"—at first he said, "No, it will be all right to-morrow;" but I insisted, and he came, and he was charged at Marlborough Street.</p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. Phillipe had accused me of being a thief, and said he would shoot me if I came to his premises again, but he had employed me for five years, and gave me a character—I said before the Magistrate that I went there on this night to have a row with Phillipe, because he had struck a man's eye—I also said I did not know in which direction the pistol was fired, as it was dark—I did not strike the prisoner with a stick.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-113" type="witnessName">
<interp inst="t18920502-name-113" type="gender" value="male"/>
<interp inst="t18920502-name-113" type="surname" value="CALVERT"/>
<interp inst="t18920502-name-113" type="given" value="JULES"/>JULES CALVERT</persName> </hi>. I live at 19, Union Street, Marylebone—I am independent; I have £2 a week from my parents—on the night of 7th April I went with Lewis and Plouns to 120, Wardour Street—we knocked at the front door, and then went to the back door in Ship Alley—it is a public thoroughfare—we knocked, the door was opened, and a white dog came out—I kicked the dog, and it ran away—at the same time I heard three reports of firearms, and we ran away into Wardour Street—we saw Phillipe there—I don't think I had seen the prisoner before—we went there to have an explanation from Phillipe for giving a blow to one of my friends.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-114" type="witnessName">
<interp inst="t18920502-name-114" type="gender" value="male"/>
<interp inst="t18920502-name-114" type="surname" value="PLOUNS"/>
<interp inst="t18920502-name-114" type="given" value="LOUIS"/>LOUIS PLOUNS</persName> </hi>. I am cellarman at 13, Charlton Street—on the night of 7th April I went with Calvert and Lewis—the door was opened, and I heard a report.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-115" type="witnessName">
<interp inst="t18920502-name-115" type="gender" value="male"/>
<interp inst="t18920502-name-115" type="surname" value="HOBBS"/>
<interp inst="t18920502-name-115" type="given" value="ARTHUR"/>ARTHUR HOBBS</persName> </hi> (128 C). I was on duty in Wardour Street at a quarter</p>
<xptr type="pageFacsimile" doc="189205020031"/>
<p>to eight—I took Phillipe to the station—before the charge was taken I went with Inspector Andrews to Ship Alley—I examined the wall opposite the door, and found two bullet-marks, one eight feet from the ground and the other about four feet—on the 8th I went to Phillipe's house, and he handed me this revolver; it was loaded in four chambers, and two others were empty.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-116" type="witnessName">
<interp inst="t18920502-name-116" type="gender" value="male"/>
<interp inst="t18920502-name-116" type="surname" value="ANDREWS"/>
<interp inst="t18920502-name-116" type="given" value="GEORGE"/>GEORGE ANDREWS</persName> </hi> (
<hi rend="italic">Inspector</hi>). The evidence given by Hobbs is correct—I found a five-chamber revolver on the first floor, and a box of cartridges.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-117" type="witnessName">
<interp inst="t18920502-name-117" type="gender" value="male"/>
<interp inst="t18920502-name-117" type="surname" value="ANSCOMB"/>
<interp inst="t18920502-name-117" type="given" value="FRANK"/>FRANK ANSCOMB</persName> </hi> (160
<hi rend="italic">C</hi>). On the morning of 8th April I found a bullet in Ship Alley.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-118" type="witnessName">
<interp inst="t18920502-name-118" type="gender" value="male"/>
<interp inst="t18920502-name-118" type="surname" value="CHARDON"/>
<interp inst="t18920502-name-118" type="given" value="JEAN"/>JEAN CHARDON</persName> </hi>. I am an engraver, of 60, Berwick Street—on the night of 7th April, at half-past nine, I met the prisoner in Marsh Street; I asked him what had happened—he said, "Nothing at all; I fired one shot into the air, and they went away; they were not wounded; Phillipe was not at home at the time."</p>
<hi rend="smallCaps">
<persName id="t18920502-name-119" type="witnessName">
<interp inst="t18920502-name-119" type="gender" value="male"/>
<interp inst="t18920502-name-119" type="surname" value="CHANTE"/>
<interp inst="t18920502-name-119" type="given" value="ROBERT DE"/>ROBERT DE CHANTE</persName> </hi>. I am a painter on china, at 65, Mortimer Street—on the night of 7th April I was with Chardon, and met the prisoner—I heard him say he fired the revolver.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-120" type="witnessName">
<interp inst="t18920502-name-120" type="gender" value="male"/>
<interp inst="t18920502-name-120" type="surname" value="SEYMOUR"/>
<interp inst="t18920502-name-120" type="given" value="CHARLES"/>CHARLES SEYMOUR</persName> </hi> (50
<hi rend="italic">C</hi>). On 8th April, about quarter-past twelve, I was on duty at Marlborough Mews Station when Lewis came in with the prisoner—he said, "This is the man that fired the revolver at me, not the other prisoner"—the prisoner nodded his head; he did not say anything, except "Oui, oui."</p>
<hi rend="smallCaps">
<persName id="t18920502-name-121" type="witnessName">
<interp inst="t18920502-name-121" type="gender" value="male"/>
<interp inst="t18920502-name-121" type="surname" value="PHILLIPE"/>
<interp inst="t18920502-name-121" type="given" value="ALFRED"/>ALFRED PHILLIPE</persName> </hi>. I am a foreign produce merchant, of 120, Wardour Street—the back door of my premises opens into Ship Alley—I found this revolver, produced by Inspector Andrews, about five yards inside the entrance to my workshop—Lewis had worked for me two years—the prisoner was my lodger.</p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. There had been several attempts to rob my premises; the prisoner knew that—I told Lewis not to come to my house, and I told the prisoner what I had told Lewis.</p>
<hi rend="italic">The prisoner's statement before the Magistrate:</hi> "I have to say that if he had not come into the workshop I should not have fired the revolver. Seven of them came in with false keys, and as houses had been robbed I told him to go out; he made use of bad language, and gesticulated with a big stick. I fired once in the, direction of the door, and a second shot in front of me, and they ran away. They are the people that unfastened the bull-dog, not I; the dog knows the prisoner. I was alone in the house, and I fired."</p>
<hi rend="italic">Prisoner's Defence.</hi> All that is stated there is quite correct, and I say again if they had not entered the premises and threatened me I should not have fired.
<hi rend="smallCaps">
<rs id="t18920502-476-verdict-1" type="verdictDescription">
<interp inst="t18920502-476-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18920502-476-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p>
<hi rend="italic">
<rs id="t18920502-476-offence-2" type="offenceDescription">
<interp inst="t18920502-476-offence-2" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18920502-476-offence-2" type="offenceSubcategory" value="wounding"/>There were two other indictments for shooting at Lewis and Calvert, upon which no evidence was offered.</rs> </hi>
<hi rend="smallCaps">
<rs id="t18920502-476-verdict-2" type="verdictDescription">
<interp inst="t18920502-476-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18920502-476-verdict-2" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18920502-477">
<interp inst="t18920502-477" type="uri" value="sessionsPapers/18920502"/>
<interp inst="t18920502-477" type="date" value="18920502"/>
<join result="criminalCharge" id="t18920502-477-charge-1" targOrder="Y" targets="def1-477-18920502 t18920502-477-offence-1 t18920502-477-verdict-1"/>
<persName id="def1-477-18920502" type="defendantName">
<interp inst="def1-477-18920502" type="gender" value="male"/>
<interp inst="def1-477-18920502" type="surname" value="FIELD"/>
<interp inst="def1-477-18920502" type="given" value="ALFRED JOHN"/>
<hi rend="largeCaps">ALFRED JOHN FIELD</hi> </persName> was indicted
<rs id="t18920502-477-offence-1" type="offenceDescription">
<interp inst="t18920502-477-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18920502-477-offence-1" type="offenceSubcategory" value="keepingABrothel"/>
<hi rend="italic"> under the</hi> 3
<hi rend="italic">rd Section of the Criminal Law Amendment Act, for by false representations procuring a girl to have connection with him.</hi> </rs>
<hi rend="smallCaps">MR. C.F. GILL</hi>,
<hi rend="italic">for the prisoner moved to quash the indictment on the ground that it did not on the face of it disclose what the false representations were.</hi>
<hi rend="smallCaps">MR. GEOGHEGAN</hi>,
<hi rend="italic">the prosecution, contended that</hi> </p>
<xptr type="pageFacsimile" doc="189205020032"/>
<hi rend="italic">it was not necessary to specify the nature of the false representations. After certain authorities were cited</hi>,
<hi rend="smallCaps">MR. JUSTICE GRANTHAM</hi>
<hi rend="italic">held that the false pretences were necessary to be alleged, that the omission was fatal, and the
<rs id="t18920502-477-verdict-1" type="verdictDescription">
<interp inst="t18920502-477-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18920502-477-verdict-1" type="verdictSubcategory" value="fault"/>indictment was therefore Quashed.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18920502-478">
<interp inst="t18920502-478" type="uri" value="sessionsPapers/18920502"/>
<interp inst="t18920502-478" type="date" value="18920502"/>
<join result="criminalCharge" id="t18920502-478-charge-1" targOrder="Y" targets="def1-478-18920502 t18920502-478-offence-1 t18920502-478-verdict-1"/>
<p>478. The said
<persName id="def1-478-18920502" type="defendantName">
<interp inst="def1-478-18920502" type="gender" value="male"/>
<interp inst="def1-478-18920502" type="surname" value="FIELD"/>
<interp inst="def1-478-18920502" type="given" value="ALFRED JOHN"/>
<hi rend="largeCaps">ALFRED JOHN FIELD</hi> </persName>
<rs id="t18920502-478-offence-1" type="offenceDescription">
<interp inst="t18920502-478-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18920502-478-offence-1" type="offenceSubcategory" value="rape"/> was then charged with a rape upon
<persName id="t18920502-name-124" type="victimName">
<interp inst="t18920502-name-124" type="gender" value="female"/>
<interp inst="t18920502-name-124" type="surname" value="CLAPPERTON"/>
<interp inst="t18920502-name-124" type="given" value="SUSANNAH"/>
<join result="offenceVictim" targOrder="Y" targets="t18920502-478-offence-1 t18920502-name-124"/>Susannah Clapperton</persName>.</rs> </p>
<hi rend="smallCaps">NOT GUILTY of rape , but
<rs id="t18920502-478-verdict-1" type="verdictDescription">
<interp inst="t18920502-478-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18920502-478-verdict-1" type="verdictSubcategory" value="no_subcategory"/>of an offence under the Criminal Law Amendment Act.—</rs> </hi>
<hi rend="italic">
<rs id="t18920502-478-punishment-13" type="punishmentDescription">
<interp inst="t18920502-478-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t18920502-478-punishment-13" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-477-18920502 t18920502-478-punishment-13"/>Eighteen Months' Hard Labour.</rs> </hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Wednesday. May</hi> 4
<hi rend="italic">th</hi>, 1892.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t18920502-479">
<interp inst="t18920502-479" type="uri" value="sessionsPapers/18920502"/>
<interp inst="t18920502-479" type="date" value="18920502"/>
<join result="criminalCharge" id="t18920502-479-charge-1" targOrder="Y" targets="def1-479-18920502 t18920502-479-offence-1 t18920502-479-verdict-1"/>
<persName id="def1-479-18920502" type="defendantName">
<interp inst="def1-479-18920502" type="gender" value="male"/>
<interp inst="def1-479-18920502" type="age" value="19"/>
<interp inst="def1-479-18920502" type="surname" value="FREELAND"/>
<interp inst="def1-479-18920502" type="given" value="EDWARD"/>
<hi rend="largeCaps">EDWARD FREELAND</hi> (19)</persName>
<rs id="t18920502-479-offence-1" type="offenceDescription">
<interp inst="t18920502-479-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18920502-479-offence-1" type="offenceSubcategory" value="indecentAssault"/>
<hi rend="smallCaps">
<rs id="t18920502-479-verdict-1" type="verdictDescription">
<interp inst="t18920502-479-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18920502-479-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to indecently assaulting
<persName id="t18920502-name-126" type="victimName">
<interp inst="t18920502-name-126" type="gender" value="female"/>
<interp inst="t18920502-name-126" type="surname" value="DAVEY"/>
<interp inst="t18920502-name-126" type="given" value="MAUD"/>
<join result="offenceVictim" targOrder="Y" targets="t18920502-479-offence-1 t18920502-name-126"/>Maud Davey</persName>.—</rs>
<hi rend="italic">
<rs id="t18920502-479-punishment-14" type="punishmentDescription">
<interp inst="t18920502-479-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t18920502-479-punishment-14" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-479-18920502 t18920502-479-punishment-14"/>Six Weeks' Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18920502-480">
<interp inst="t18920502-480" type="uri" value="sessionsPapers/18920502"/>
<interp inst="t18920502-480" type="date" value="18920502"/>
<join result="criminalCharge" id="t18920502-480-charge-1" targOrder="Y" targets="def1-480-18920502 t18920502-480-offence-1 t18920502-480-verdict-1"/>
<join result="criminalCharge" id="t18920502-480-charge-2" targOrder="Y" targets="def2-480-18920502 t18920502-480-offence-1 t18920502-480-verdict-1"/>
<join result="criminalCharge" id="t18920502-480-charge-3" targOrder="Y" targets="def3-480-18920502 t18920502-480-offence-1 t18920502-480-verdict-1"/>
<persName id="def1-480-18920502" type="defendantName">
<interp inst="def1-480-18920502" type="gender" value="male"/>
<interp inst="def1-480-18920502" type="age" value="41"/>
<interp inst="def1-480-18920502" type="surname" value="HOINVILLE"/>
<interp inst="def1-480-18920502" type="given" value="HARRY"/>
<hi rend="largeCaps">HARRY HOINVILLE</hi> (41)</persName>,
<persName id="def2-480-18920502" type="defendantName">
<interp inst="def2-480-18920502" type="gender" value="male"/>
<interp inst="def2-480-18920502" type="age" value="22"/>
<interp inst="def2-480-18920502" type="surname" value="PULLEN"/>
<interp inst="def2-480-18920502" type="given" value="JOSEPH"/>
<hi rend="largeCaps">JOSEPH PULLEN</hi> (22)</persName>, and
<persName id="def3-480-18920502" type="defendantName">
<interp inst="def3-480-18920502" type="gender" value="male"/>
<interp inst="def3-480-18920502" type="age" value="16"/>
<interp inst="def3-480-18920502" type="surname" value="COOPER"/>
<interp inst="def3-480-18920502" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY COOPER</hi> (16)</persName>
<rs id="t18920502-480-offence-1" type="offenceDescription">
<interp inst="t18920502-480-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18920502-480-offence-1" type="offenceSubcategory" value="burglary"/>, to burglary in the dwelling-house of
<persName id="t18920502-name-130" type="victimName">
<interp inst="t18920502-name-130" type="gender" value="male"/>
<interp inst="t18920502-name-130" type="surname" value="WELCH"/>
<interp inst="t18920502-name-130" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18920502-480-offence-1 t18920502-name-130"/>John Welch</persName>, and stealing a cash-box and other articles, and £36 in money, Hoinville having been before convicted.—</rs>
<rs id="t18920502-480-verdict-1" type="verdictDescription">
<interp inst="t18920502-480-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18920502-480-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded Guilty: See original trial image.]</rs>
<hi rend="largeCaps">HOINVILLE</hi>
<hi rend="italic">
<rs id="t18920502-480-punishment-15" type="punishmentDescription">
<interp inst="t18920502-480-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t18920502-480-punishment-15" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-480-18920502 t18920502-480-punishment-15"/>Six Months' Hard Labour.</rs> </hi>
<hi rend="largeCaps">PULLEN</hi>
<hi rend="italic">
<rs id="t18920502-480-punishment-16" type="punishmentDescription">
<interp inst="t18920502-480-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t18920502-480-punishment-16" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-480-18920502 t18920502-480-punishment-16"/>Three Months' Hard Labour.</rs> </hi>
<hi rend="largeCaps">COOPER</hi>
<hi rend="italic">
<rs id="t18920502-480-punishment-17" type="punishmentDescription">
<interp inst="t18920502-480-punishment-17" type="punishmentCategory" value="miscPunish"/>
<interp inst="t18920502-480-punishment-17" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-480-18920502 t18920502-480-punishment-17"/>On recognisance to appear.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18920502-481">
<interp inst="t18920502-481" type="uri" value="sessionsPapers/18920502"/>
<interp inst="t18920502-481" type="date" value="18920502"/>
<join result="criminalCharge" id="t18920502-481-charge-1" targOrder="Y" targets="def1-481-18920502 t18920502-481-offence-1 t18920502-481-verdict-1"/>
<persName id="def1-481-18920502" type="defendantName">
<interp inst="def1-481-18920502" type="gender" value="male"/>
<interp inst="def1-481-18920502" type="age" value="27"/>
<interp inst="def1-481-18920502" type="surname" value="SHARDLOW"/>
<interp inst="def1-481-18920502" type="given" value="SIDNEY GEORGE"/>
<hi rend="largeCaps">SIDNEY GEORGE SHARDLOW</hi> (27)</persName>
<rs id="t18920502-481-offence-1" type="offenceDescription">
<interp inst="t18920502-481-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18920502-481-offence-1" type="offenceSubcategory" value="fraud"/>, to making certain false entries in the books of
<persName id="t18920502-name-132" type="victimName">
<interp inst="t18920502-name-132" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18920502-481-offence-1 t18920502-name-132"/>Ewbank</persName>,
<persName id="t18920502-name-133" type="victimName">
<interp inst="t18920502-name-133" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18920502-481-offence-1 t18920502-name-133"/>Kearley</persName> and another, his masters.</rs> </p>
<hi rend="italic">He received a good character.—
<rs id="t18920502-481-verdict-1" type="verdictDescription">
<interp inst="t18920502-481-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18920502-481-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded Guilty: See original trial image.]</rs>
<rs id="t18920502-481-punishment-18" type="punishmentDescription">
<interp inst="t18920502-481-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t18920502-481-punishment-18" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-481-18920502 t18920502-481-punishment-18"/>Nine Months' Hard Labour.</rs> </hi> And</p> </div1>
<div1 type="trialAccount" id="t18920502-482">
<interp inst="t18920502-482" type="uri" value="sessionsPapers/18920502"/>
<interp inst="t18920502-482" type="date" value="18920502"/>
<join result="criminalCharge" id="t18920502-482-charge-1" targOrder="Y" targets="def1-482-18920502 t18920502-482-offence-1 t18920502-482-verdict-1"/>
<join result="criminalCharge" id="t18920502-482-charge-2" targOrder="Y" targets="def2-482-18920502 t18920502-482-offence-1 t18920502-482-verdict-1"/>
<join result="criminalCharge" id="t18920502-482-charge-3" targOrder="Y" targets="def3-482-18920502 t18920502-482-offence-1 t18920502-482-verdict-1"/>
<persName id="def1-482-18920502" type="defendantName">
<interp inst="def1-482-18920502" type="gender" value="male"/>
<interp inst="def1-482-18920502" type="age" value="19"/>
<interp inst="def1-482-18920502" type="surname" value="BROUGHTON"/>
<interp inst="def1-482-18920502" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES BROUGHTON</hi> (19)</persName>,
<persName id="def2-482-18920502" type="defendantName">
<interp inst="def2-482-18920502" type="gender" value="male"/>
<interp inst="def2-482-18920502" type="age" value="18"/>
<interp inst="def2-482-18920502" type="surname" value="HARRIS"/>
<interp inst="def2-482-18920502" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE HARRIS</hi> (18)</persName>, and
<persName id="def3-482-18920502" type="defendantName">
<interp inst="def3-482-18920502" type="gender" value="male"/>
<interp inst="def3-482-18920502" type="age" value="20"/>
<interp inst="def3-482-18920502" type="surname" value="WEBB"/>
<interp inst="def3-482-18920502" type="given" value="FREDERICK GEORGE"/>
<hi rend="largeCaps">FREDERICK GEORGE WEBB</hi> (20)</persName>
<rs id="t18920502-482-offence-1" type="offenceDescription">
<interp inst="t18920502-482-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18920502-482-offence-1" type="offenceSubcategory" value="burglary"/>, to burglary in the dwelling-house of
<persName id="t18920502-name-137" type="victimName">
<interp inst="t18920502-name-137" type="gender" value="male"/>
<interp inst="t18920502-name-137" type="surname" value="HOFFE"/>
<interp inst="t18920502-name-137" type="given" value="JACOB"/>
<join result="offenceVictim" targOrder="Y" targets="t18920502-482-offence-1 t18920502-name-137"/>Jacob Hoffe</persName>, and stealing 232 cigars and other articles, Broughton and Webb having been previously convicted.</rs>
<rs id="t18920502-482-verdict-1" type="verdictDescription">
<interp inst="t18920502-482-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18920502-482-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded Guilty: See original trial image.]</rs> </p>
<hi rend="largeCaps">BROUGHTON</hi>
<hi rend="italic">
<rs id="t18920502-482-punishment-19" type="punishmentDescription">
<interp inst="t18920502-482-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t18920502-482-punishment-19" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-482-18920502 t18920502-482-punishment-19"/>Nine Months' Hard Labour.</rs> </hi> </p>
<hi rend="largeCaps">HARRIS</hi>
<hi rend="italic">
<rs id="t18920502-482-punishment-20" type="punishmentDescription">
<interp inst="t18920502-482-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t18920502-482-punishment-20" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-482-18920502 t18920502-482-punishment-20"/>three Months' Hard Labour.</rs> </hi> </p>
<hi rend="largeCaps">WEBB</hi>
<hi rend="italic">
<rs id="t18920502-482-punishment-21" type="punishmentDescription">
<interp inst="t18920502-482-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t18920502-482-punishment-21" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-482-18920502 t18920502-482-punishment-21"/>Six Months' Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18920502-483">
<interp inst="t18920502-483" type="uri" value="sessionsPapers/18920502"/>
<interp inst="t18920502-483" type="date" value="18920502"/>
<join result="criminalCharge" id="t18920502-483-charge-1" targOrder="Y" targets="def1-483-18920502 t18920502-483-offence-1 t18920502-483-verdict-1"/>
<join result="criminalCharge" id="t18920502-483-charge-2" targOrder="Y" targets="def2-483-18920502 t18920502-483-offence-1 t18920502-483-verdict-1"/>
<join result="criminalCharge" id="t18920502-483-charge-3" targOrder="Y" targets="def3-483-18920502 t18920502-483-offence-1 t18920502-483-verdict-1"/>
<persName id="def1-483-18920502" type="defendantName">
<interp inst="def1-483-18920502" type="gender" value="male"/>
<interp inst="def1-483-18920502" type="age" value="20"/>
<interp inst="def1-483-18920502" type="surname" value="BAKER"/>
<interp inst="def1-483-18920502" type="given" value="ERNEST"/>
<hi rend="largeCaps">ERNEST BAKER</hi> (20)</persName>,
<persName id="def2-483-18920502" type="defendantName">
<interp inst="def2-483-18920502" type="gender" value="male"/>
<interp inst="def2-483-18920502" type="age" value="17"/>
<interp inst="def2-483-18920502" type="surname" value="BARKER"/>
<interp inst="def2-483-18920502" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE BARKER</hi> (17)</persName>, and
<persName id="def3-483-18920502" type="defendantName">
<interp inst="def3-483-18920502" type="gender" value="male"/>
<interp inst="def3-483-18920502" type="age" value="17"/>
<interp inst="def3-483-18920502" type="surname" value="CLARKE"/>
<interp inst="def3-483-18920502" type="given" value="PATRICK"/>
<hi rend="largeCaps">PATRICK CLARKE</hi> (17)</persName>
<rs id="t18920502-483-offence-1" type="offenceDescription">
<interp inst="t18920502-483-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18920502-483-offence-1" type="offenceSubcategory" value="burglary"/>, Burglary in the dwelling-house of
<persName id="t18920502-name-141" type="victimName">
<interp inst="t18920502-name-141" type="gender" value="male"/>
<interp inst="t18920502-name-141" type="surname" value="SAUNDERS"/>
<interp inst="t18920502-name-141" type="given" value="HENRY THOMAS"/>
<join result="offenceVictim" targOrder="Y" targets="t18920502-483-offence-1 t18920502-name-141"/>Henry Thomas Saunders</persName>, and stealing a pair of field-glasses and other articles, his property.</rs> </p>
<hi rend="smallCaps">MR. COLLINS</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t18920502-name-142" type="witnessName">
<interp inst="t18920502-name-142" type="gender" value="male"/>
<interp inst="t18920502-name-142" type="surname" value="SAUNDERS"/>
<interp inst="t18920502-name-142" type="given" value="HENRY THOMAS"/>HENRY THOMAS SAUNDERS</persName> </hi>. I keep a public-house at Hammersmith—on March 11th I left the place secure, and on the 12th I found it broken into; a window at the back was open, and also a door—the place was strewed about with cigars; whisky and brandy were missing, and some field-glasses—the gas was fully alight—I had only left a small burner alight—I missed £13 or £14 worth of property—this decanter is mine; it was found about four doors from my house, in the yard of Mr. Cole's house—there are three or four gardens between—I missed £1 5s. in money.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-143" type="witnessName">
<interp inst="t18920502-name-143" type="gender" value="indeterminate"/>
<interp inst="t18920502-name-143" type="surname" value="GRECO"/>
<interp inst="t18920502-name-143" type="given" value="GRETANO"/>GRETANO GRECO</persName> </hi>. I live at 6, Cape Cottages, Hammersmith—on 12th March, between 1.30 and 1.45, I was going home, and on opening my barrow in the yard I saw the three prisoners come from Mr. Little's yard next door into my yard—I went upstairs, and said nothing to them—I then saw them go to No. 4—Baker had something under his arm—I saw them go upstairs, and next morning, about ten or half-past, I saw them come out of the same house—the road is no thoroughfare.</p>
<xptr type="pageFacsimile" doc="189205020033"/>
<hi rend="italic">Cross-examined by Baker.</hi> I can swear to the time—you were eating the potatoes which I had left—I said nothing to you, or you to me.</p>
<hi rend="italic">Cross-examined by Barker.</hi> I cannot say whether what you had got was some of the potatoes.</p>
<hi rend="italic">Re-examined.</hi> To get from the Dove public-house, persons would have to climb over some walls, ten or twelve feet of brick and boards up higher—they could get in from the street, but not from the back.</p>
<hi rend="smallCaps">GRECO</hi>. I live at 4, Trafalgar Street, and sell ice cream with my father—I take a barrow about—on the night of March 12th I was asleep, and about two or three o'clock Baker woke me up by hitting me on my head—I saw the three prisoners—they called my father, and whispered to him, and gave him some brandy and
<hi rend="italic">smokes</hi>—my father sent me out of the room—the brandy was corked with glass corks, and a bit of cork inside the bottle—Barker had some opera-glasses, and I saw some cigars in a box, and some in a packet—they stayed till about ten next morning—they all three gave my father some money.</p>
<hi rend="italic">Cross-examined by Baker.</hi> I asked you what time it was; you said five o'clock; I did not believe it, as I came in at 1.30 with my potatoe-can—there was one bottle full of whisky, and one half full.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-144" type="witnessName">
<interp inst="t18920502-name-144" type="gender" value="male"/>
<interp inst="t18920502-name-144" type="surname" value="LOCK"/>
<interp inst="t18920502-name-144" type="given" value="EDMUND"/>EDMUND LOCK</persName> </hi> (594
<hi rend="italic">T</hi>). On 12th March, about 1.15 a.m., I saw the prisoners at the bottom of Waterloo Street, going in the direction of the Dove public-house, a hundred yards from it—they had nothing in their possession then.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-145" type="witnessName">
<interp inst="t18920502-name-145" type="gender" value="indeterminate"/>
<interp inst="t18920502-name-145" type="surname" value="GRECO"/>
<interp inst="t18920502-name-145" type="given" value="BASILIO"/>BASILIO GRECO</persName> </hi>. The last witness but one is my son—on 12th March I was in bed, and he a woke me about three a.m., and I saw the three prisoners—Baker had worked with me many a month before—they were all three drunk—Baker gave me some whisky in a glass—the bottle had a glass cork with cork round—they also gave me some brandy and two cigars each, which were broken, and they gave me 2d. each for my little child—they had some cigarettes, and the ginger-headed man (
<hi rend="italic">Barker</hi>) had a pair of opera-glasses—he wanted to put them into his pocket, but dropped them—the bottle was like this (
<hi rend="italic">produced</hi>)—they said, "Good-bye, governor; we are going to Marylebone"—when they woke me up they said that they were drunk, and lost the train for Marylebone.</p>
<hi rend="italic">Cross-examined by Baker.</hi> I know the time, because I saw a little daylight—I did not go out with you in the morning.</p>
<p>H. T.
<hi rend="smallCaps">SAUNDERS</hi> (
<hi rend="italic">Re-examined</hi>). This bottle is similar to what I lost; it has a glass stopper fitting into a bit of cork—it snowed that morning.
<hi rend="smallCaps">FRANK FOSTER</hi> (
<hi rend="italic">Police Inspector</hi>). On 12th March, about nine o'clock, I went to the Doves and traced two sets of footprints in the snow, over the wall to the prosecutor's yard; one set of prints were of smooth-bottomed boots, and the other had square-headed nails; Clark had nails in his boots—the only property recovered is a decanter and the ends of some cigars.</p>
<hi rend="italic">Cross-examined by Barker.</hi> Your boots have similar nails to what I saw in the impressions, the nails were all over the soles, but only tips on the heels—Baker's and Clark's boots had no nails in the soles or heels, and would make no noise.</p>
<hi rend="italic">Baker, in his statement before the Magistrate and in his defence, said that they found a bottle of wine, a box of cigars, and the opera-glasses in the yard, and took them into Mr. Greco's house and stopped all night. The other prisoners each said, "I say the same as Baker</hi>."</p>
<xptr type="pageFacsimile" doc="189205020034"/>
<hi rend="smallCaps">
<rs id="t18920502-483-verdict-1" type="verdictDescription">
<interp inst="t18920502-483-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18920502-483-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<hi rend="largeCaps">BAKER</hi>
<hi rend="italic">then</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">to a conviction at West Ham on</hi> 24
<hi rend="italic">th September</hi>, 1890,
<hi rend="italic">and</hi>
<hi rend="largeCaps">BARKER</hi>
<hi rend="italic">to one at the West London Police-court on August</hi> 26
<hi rend="italic">th</hi>, 1891.</p>
<hi rend="largeCaps">BAKER</hi>
<hi rend="italic">
<rs id="t18920502-483-punishment-22" type="punishmentDescription">
<interp inst="t18920502-483-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t18920502-483-punishment-22" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-483-18920502 t18920502-483-punishment-22"/>Six Months' Hard Labour.</rs> </hi> </p>
<hi rend="largeCaps">BARKER</hi>
<hi rend="italic">
<rs id="t18920502-483-punishment-23" type="punishmentDescription">
<interp inst="t18920502-483-punishment-23" type="punishmentCategory" value="imprison"/>
<interp inst="t18920502-483-punishment-23" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-483-18920502 t18920502-483-punishment-23"/>Four Months' Hard Labour.</rs> </hi> </p>
<hi rend="largeCaps">CLARK</hi>
<hi rend="italic">
<rs id="t18920502-483-punishment-24" type="punishmentDescription">
<interp inst="t18920502-483-punishment-24" type="punishmentCategory" value="imprison"/>
<interp inst="t18920502-483-punishment-24" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-483-18920502 t18920502-483-punishment-24"/>Three Months' Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18920502-484">
<interp inst="t18920502-484" type="uri" value="sessionsPapers/18920502"/>
<interp inst="t18920502-484" type="date" value="18920502"/>
<join result="criminalCharge" id="t18920502-484-charge-1" targOrder="Y" targets="def1-484-18920502 t18920502-484-offence-1 t18920502-484-verdict-1"/>
<persName id="def1-484-18920502" type="defendantName">
<interp inst="def1-484-18920502" type="gender" value="male"/>
<interp inst="def1-484-18920502" type="surname" value="MOBBS"/>
<interp inst="def1-484-18920502" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN MOBBS</hi> </persName> was indicted
<rs id="t18920502-484-offence-1" type="offenceDescription">
<interp inst="t18920502-484-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18920502-484-offence-1" type="offenceSubcategory" value="libel"/> for a libel on
<persName id="t18920502-name-147" type="victimName">
<interp inst="t18920502-name-147" type="gender" value="male"/>
<interp inst="t18920502-name-147" type="surname" value="COX"/>
<interp inst="t18920502-name-147" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18920502-484-offence-1 t18920502-name-147"/>William Cox</persName>. </rs>
<hi rend="italic">No witnesses appearing, the</hi>
<hi rend="smallCaps">RECORDER</hi>
<hi rend="italic">directed a verdict of</hi> </p>
<hi rend="smallCaps">
<rs id="t18920502-484-verdict-1" type="verdictDescription">
<interp inst="t18920502-484-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18920502-484-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18920502-485">
<interp inst="t18920502-485" type="uri" value="sessionsPapers/18920502"/>
<interp inst="t18920502-485" type="date" value="18920502"/>
<join result="criminalCharge" id="t18920502-485-charge-1" targOrder="Y" targets="def1-485-18920502 t18920502-485-offence-1 t18920502-485-verdict-1"/>
<persName id="def1-485-18920502" type="defendantName">
<interp inst="def1-485-18920502" type="gender" value="male"/>
<interp inst="def1-485-18920502" type="age" value="55"/>
<interp inst="def1-485-18920502" type="surname" value="MUGGERIDGE"/>
<interp inst="def1-485-18920502" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM MUGGERIDGE</hi> (55)</persName>
<rs id="t18920502-485-offence-1" type="offenceDescription">
<interp inst="t18920502-485-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18920502-485-offence-1" type="offenceSubcategory" value="forgery"/>, Forging and uttering an order for £2 15s., with intent to defraud.</rs> </p>
<hi rend="smallCaps">MR. FARRANT</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t18920502-name-149" type="witnessName">
<interp inst="t18920502-name-149" type="gender" value="male"/>
<interp inst="t18920502-name-149" type="surname" value="COLLIER"/>
<interp inst="t18920502-name-149" type="given" value="WILLIAM WALTER"/>WILLIAM WALTER COLLIER</persName> </hi>. I am a coffee-house keeper, of 28, Cloth Fair—I was introduced to the prisoner about the beginning of April by Mr. Woodcock, an auctioneer—I saw him on April 11th—he said that he had a remittance coming from a firm of solicitors, Bywater and Co., for whom he had done some work, and he would see me next day—he brought me a cheque for £2 15s. next day, and asked if J would change it for him—I asked him to put his name at the back—he said, "It is an open cheque, there is no necessity for it"—I got it changed at the White Hart, and gave him the money; he gave me a half-crown and said, "There, old fellow, go and get a drink"—the cheque was signed by Bywater and Co.—on the Tuesday following the manager of the White Hart told me that it was not good—on Thursday morning, April 14th, I saw the prisoner; he said, "I expect another cheque to come, and we will go round to 8, Bridgwater Street," where he was employed—it was for £3 17s., drawn by Bywater and Co.—I went to the landlord of the White Hart; he made a communication to me, and I told the prisoner I could not get it changed, as the other cheque had not been cleared—he said, "Is there anywhere else where you can get it changed?"—I went to one or two other places with no intention of changing it, but only to gain time—on the Thursday night he made an appointment to come for the cheque on Good Friday; he did not come, but sent a friend, and I handed the cheque to him—on the same day at one o'clock the prisoner came and said, "Your own common sense might tell you not to give it to him, the cheque came from me"—on the Wednesday or Thursday following I saw him outside the Meat Market, and said, "That cheque has come back"—he said, "I am very sorry, there must be some mistake"—we went to the White Hart, and he said it was all right, he would see his friend about it, and that he got it from a Mr. Murray—I let the matter stand over, and on the Saturday he said, "My friend is going to bring the money down: I will stay till three o'clock for him"—he stayed till nearly six, but his friend did not appear—I saw him on the Monday, and asked him to accompany me to Cornhill, and then I said, "Come on to the bank about this cheque"; that was the National Bank, on which it was drawn—we saw the manager, and I told the prisoner that the cheque-book had been issued on December 30th, 1880—I do not remember what he said to that—I gave him in charge, and ho said, "I did not expect this from you.</p>
<hi rend="italic">Cross-examined by the prisoner.</hi> It was done so quickly that I did not</p>
<xptr type="pageFacsimile" doc="189205020035"/>
<p>even look to see who the cheque was payable to—you did not tell me you received it from Mr. Murray, who received it from Messrs. Bywater for work done—I went to a public-house the day previous, and drank with you and a Scotchman; I do not know who he was—on the day I handed you the money we did not go and have a drink where Mr. Murray was; I saw a man with you, but did not know his name—you did not tell me he was the gentleman for whom you were getting the cheque cashed.</p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. He never suggested that I cashed the cheque for Murray, and not for him.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-150" type="witnessName">
<interp inst="t18920502-name-150" type="gender" value="male"/>
<interp inst="t18920502-name-150" type="surname" value="JOSEPH"/>
<interp inst="t18920502-name-150" type="given" value="WILLIAM"/>WILLIAM JOSEPH</persName> </hi>. I am a cashier at the National Bank, Old Broad Street—on 16th April the cheque was presented through the clearinghouse, marked "No account"—Bywater and Co. never had an account with us—the cheque-book was issued to a stockbroker of Warnford Court in April, 1880, and the account was closed in two months.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-151" type="witnessName">
<interp inst="t18920502-name-151" type="gender" value="male"/>
<interp inst="t18920502-name-151" type="surname" value="AYRES"/>
<interp inst="t18920502-name-151" type="given" value="HARRY"/>HARRY AYRES</persName> </hi> (630
<hi rend="italic">City</hi>). On 25th April, in the afternoon, I met Collier and the prisoner—Collier gave the prisoner in charge for uttering a cheque on the National Bank for £2 15s.—he seemed very much surprised, but said he was quite willing to go anywhere to make inquiry—I asked Collier whether he was aware of the serious charge he preferred against the prisoner—he said, "Yes"—he was taken to Snow Hill Station—he said he received the cheque for work done for Mr. Murray, a commercial traveller, of Camberwell New Road; that he was unable to give the number of the house, but could point it out—he afterwards said he received it from Mr. Murray at the Bedford Hotel—there is no firm of Bywater and Co., solicitors, in the "Law List"—I cannot find Murray.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-152" type="witnessName">
<interp inst="t18920502-name-152" type="gender" value="male"/>
<interp inst="t18920502-name-152" type="surname" value="HOWELL"/>
<interp inst="t18920502-name-152" type="given" value="GEORGE JOSEPH"/>GEORGE JOSEPH HOWELL</persName> </hi>. I am manager of the White Hart, Long Lane—on 12th April I cashed this cheque for Mr. Collier—on Wednesday, the 20th, the prisoner and Mr. Collier came to me, and I showed him the letter I had had from the bank, but he did not take it—he said the cheque was obtained from solicitors for work done.</p>
<hi rend="italic">Cross-examined.</hi> I cannot say whether you said you received it from Mr. Murray—I said, "You might have received it innocently enough.</p>
<hi rend="italic">The prisoner's statement before the Magistrate:</hi> "When I handed the cheque to Mr. Collier I explained that I had received it from Mr. Murray to get cash for it; I deny saying that I received it from a firm of solicitors; I told him what Mr. Murray had told me."</p>
<hi rend="italic">He repeated the same statement in his defence.</hi> </p>
<hi rend="smallCaps">
<rs id="t18920502-485-verdict-1" type="verdictDescription">
<interp inst="t18920502-485-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18920502-485-verdict-1" type="verdictSubcategory" value="lesserOffence"/>GUILTY of the uttering.—</rs> </hi>
<hi rend="italic">
<rs id="t18920502-485-punishment-25" type="punishmentDescription">
<interp inst="t18920502-485-punishment-25" type="punishmentCategory" value="imprison"/>
<interp inst="t18920502-485-punishment-25" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-485-18920502 t18920502-485-punishment-25"/>Six Months' Hard Labour.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18920502-486">
<interp inst="t18920502-486" type="uri" value="sessionsPapers/18920502"/>
<interp inst="t18920502-486" type="date" value="18920502"/>
<join result="criminalCharge" id="t18920502-486-charge-1" targOrder="Y" targets="def1-486-18920502 t18920502-486-offence-1 t18920502-486-verdict-1"/>
<persName id="def1-486-18920502" type="defendantName">
<interp inst="def1-486-18920502" type="gender" value="male"/>
<interp inst="def1-486-18920502" type="age" value="40"/>
<interp inst="def1-486-18920502" type="surname" value="WHITEN"/>
<interp inst="def1-486-18920502" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY WHITEN</hi> (40)</persName>
<rs id="t18920502-486-offence-1" type="offenceDescription">
<interp inst="t18920502-486-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18920502-486-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing a bedstead, a fender, and other articles, the property of
<persName id="t18920502-name-154" type="victimName">
<interp inst="t18920502-name-154" type="gender" value="male"/>
<interp inst="t18920502-name-154" type="surname" value="MUNDAY"/>
<interp inst="t18920502-name-154" type="given" value="JOSEPH"/>
<join result="offenceVictim" targOrder="Y" targets="t18920502-486-offence-1 t18920502-name-154"/>Joseph Munday</persName>.</rs> </p>
<hi rend="smallCaps">MR. BURNIE</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t18920502-name-155" type="witnessName">
<interp inst="t18920502-name-155" type="gender" value="male"/>
<interp inst="t18920502-name-155" type="surname" value="BAILEY"/>
<interp inst="t18920502-name-155" type="given" value="JOHN VIVASH"/>JOHN VIVASH BAILEY</persName> </hi>. I am manager to John Munday, furniture dealer, of 241, Commercial Road—in September last I lent some goods to Mr. Moss Hart, of 7, Star Street—this is the agreement.(
<hi rend="italic">This was for a bedstead, chairs, and other articles, value</hi> £8 1
<hi rend="italic">s</hi>.)—there is the usual power in the agreement to retake the goods if the payments are not kept up—in January Hart was £1 0s. 6d. in arrear in his payments, and on January 19th I spoke to the prisoner, who is a licensed broker, and said, "You go to Moss Hart, and if you can't get the goods without</p>
<xptr type="pageFacsimile" doc="189205020036"/>
<p>paying the rent, I must pay the rent"—he did not bring the goods to me: I made inquiries, and sent the prisoner this post-card—I saw him at his house on 21st January at one a.m., and asked him what he had done with the goods—he said that the landlord had distrained on them for rent, and he had taken them under the landlord's directions—I went to the sale rooms, but could not get the goods.</p>
<hi rend="italic">Cross-examined by the prisoner.</hi> You came and told Mrs. Bailey you wanted the money to pay the rent—you did not tender me the goods—the arrears in your agreement hare not been paid up—I wrote this letter, and said that you had paid the arrears because you had made the arrangement to come and pay them in the evening, but you did not do so—I suggested that the best thing you could do was to see Mr. Munday—I received this letter from Mr. Munday. (
<hi rend="italic">Informing the witness that unless the goods were delivered by Monday morning at eleven o'clock proceedings would be taken against him</hi>)—I thought there had been a legal distraint by the landlord.</p>
<hi rend="italic">Re-examined.</hi> A few days after that letter was written I ascertained that the landlord had never authorised the distress.</p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. I did not know where the goods were, and wrote to him, and called at 1 a.m. and found him in bed—he did not say, "I had to find money to pay the rent, and so I had to raise money on them"—have heard of such cases—my wife refused to give him anything—his duty was if he could not get the 18s. to leave the agreement.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-156" type="witnessName">
<interp inst="t18920502-name-156" type="gender" value="male"/>
<interp inst="t18920502-name-156" type="surname" value="ELLEN"/>
<interp inst="t18920502-name-156" type="given" value="WILLIAM"/>WILLIAM ELLEN</persName> </hi>. I am landlord of 9, Star Street, where Moss Hart lives—the prisoner came there on 19th January; I was there he represented that he came for the goods, as Mr. Munday's head broker—he did not ask me to accept a note for the rent, and let the goods go—I did not authorise him to distrain—later in the afternoon he paid me 18s. for the rent.</p>
<hi rend="italic">Cross-examined.</hi> You brought a man named Brittle with you—I said that I had been to Mr. Bailey, and he treated me in a very shabby manner—I said, "I have been to a broker to get him to distrain for the rent;" but you wanted 5s. on signing the warrant—you came back and said you could not get the money, but would borrow it and pay it—I gave you this receipt (
<hi rend="italic">For the</hi> 18
<hi rend="italic">s</hi>.)—I was living in the same house as your father.</p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. The prisoner said that he got a friend to pay the rent, and he brought the friend with him; it was not Mr. Hayward.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-157" type="witnessName">
<interp inst="t18920502-name-157" type="gender" value="male"/>
<interp inst="t18920502-name-157" type="surname" value="HAYWARD"/>
<interp inst="t18920502-name-157" type="given" value="ALBERT"/>ALBERT HAYWARD</persName> </hi>. I am clerk to Mr. Hawkins, the proprietor of some auction sale rooms at Stratford—on January 19th the prisoner came to me with a bedstead and some other articles, which Mr. Bailey afterwards identified—he said they were under distraint for rent, and he wanted to sell them, and asked for an advance of £2, which I gave him.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-158" type="witnessName">
<interp inst="t18920502-name-158" type="gender" value="male"/>
<interp inst="t18920502-name-158" type="surname" value="HAWKINS"/>
<interp inst="t18920502-name-158" type="given" value="CHARLES"/>CHARLES HAWKINS</persName> </hi>. I am an auctioneer, of 239, High Street, Stratford, and am the employer of the last witness—these things were brought to my rooms under a distress warrant, and I advanced £2 on them—they have not been given up.</p>
<hi rend="italic">Cross-examined.</hi> It is customary to make advances in that way.
<hi rend="italic">Prisoner's Defence.</hi> I was employed by Mr. Munday to go into possession under this hiring agreement. There had been some difficulty, and I told him I should have to pay the rent. He said, "Do your best, and get them out of the place. "The landlord said, "No, I am going to have my</p>
<xptr type="pageFacsimile" doc="189205020037"/>
<p>rent. I got a van and paid the 18s. for the rent, and went across to Mrs. Bailey, but she would not pay any money; she said, "You had better let the matter be." I said that I could not; I had better put them in a stable and get the money. Two or three days afterwards, when I was in bed, Mr. Bailey came and said, "What hare you done with those goods?" I said, "They are down at Holborn sale rooms; I paid Ids. for the rent. "I went and saw Mr. Munday. The whole thing is that I would not go and fetch the goods back again; they were not disposed of in any way. He wrote to me and called me "Dear Harry."</p>
<hi rend="smallCaps">
<rs id="t18920502-486-verdict-1" type="verdictDescription">
<interp inst="t18920502-486-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18920502-486-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<hi rend="largeCaps">THIRD COURT</hi>.—
<hi rend="italic">Wednesday, May</hi> 4
<hi rend="italic">th</hi>, 1892.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18920502-487">
<interp inst="t18920502-487" type="uri" value="sessionsPapers/18920502"/>
<interp inst="t18920502-487" type="date" value="18920502"/>
<join result="criminalCharge" id="t18920502-487-charge-1" targOrder="Y" targets="def1-487-18920502 t18920502-487-offence-1 t18920502-487-verdict-1"/>
<join result="criminalCharge" id="t18920502-487-charge-2" targOrder="Y" targets="def2-487-18920502 t18920502-487-offence-1 t18920502-487-verdict-1"/>
<persName id="def1-487-18920502" type="defendantName">
<interp inst="def1-487-18920502" type="gender" value="male"/>
<interp inst="def1-487-18920502" type="age" value="28"/>
<interp inst="def1-487-18920502" type="surname" value="COVE"/>
<interp inst="def1-487-18920502" type="given" value="ROBERT"/>
<hi rend="largeCaps">ROBERT COVE</hi> (28)</persName> and
<persName id="def2-487-18920502" type="defendantName">
<interp inst="def2-487-18920502" type="gender" value="female"/>
<interp inst="def2-487-18920502" type="age" value="19"/>
<interp inst="def2-487-18920502" type="surname" value="MARKS"/>
<interp inst="def2-487-18920502" type="given" value="MATILDA"/>
<hi rend="largeCaps">MATILDA MARKS</hi> (19)</persName>
<rs id="t18920502-487-offence-1" type="offenceDescription">
<interp inst="t18920502-487-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18920502-487-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering a counterfeit half-crown to
<persName id="t18920502-name-161" type="victimName">
<interp inst="t18920502-name-161" type="gender" value="female"/>
<interp inst="t18920502-name-161" type="surname" value="KINSEY"/>
<interp inst="t18920502-name-161" type="given" value="KATE"/>
<join result="offenceVictim" targOrder="Y" targets="t18920502-487-offence-1 t18920502-name-161"/>Kate Kinsey</persName>.</rs> </p>
<hi rend="smallCaps">MR. WILKINSON</hi>
<hi rend="italic">Prosecuted.</hi>
<hi rend="smallCaps">KATE KINSEY</hi>. I am a daughter of Orlando Kinsey, tobacconist, 70, Mansfield Road, Kentish Town—on 21st April, about six o'clock, I was serving, when Marks came in for half an ounce of tobacco, price twopence, and gave me this half-crown, which felt very light—I called my father into the shop, and he asked her where she got it—she said at the linendraper's at the top of the road—that would be Mr. Howse's shop—my father went out with her—on 16th April Cove came in for half an ounce of tobacco, and gave me this half crown, which I put in the till, giving him two shillings and fourpence change—he went away—I went to the till about ten minutes afterwards; I examined it; it felt very light; I put it back again, keeping it by itself, and when my father came in some time afterwards I gave it to him—I afterwards went to the Police-station, and there picked out Cove from a number of persons.</p>
<hi rend="italic">Cross-examined by Cove.</hi> It was between the lights when you came in; I could not say the exact time, but it must have been between five and six—on 21st I did not see you with the woman—the Oak is not many yards from our shop—I put the half-crown at the back of the till—I don't know how many customers came in during the time you were in the shop—after you went away I had two or three customers—I did not notice the half-crown you gave me. till I went to the till to serve a customer.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-162" type="witnessName">
<interp inst="t18920502-name-162" type="gender" value="male"/>
<interp inst="t18920502-name-162" type="surname" value="KINSEY"/>
<interp inst="t18920502-name-162" type="given" value="ORLANDO"/>ORLANDO KINSEY</persName> </hi>. On 21st April my daughter called me into the shop in the evening, and showed me this coin, which I examined, and found to be a counterfeit half-crown—I asked Marks, who was in the shop, where she got it from—she said she got it at a draper's shop at the top of Gordon House Lane—I said, "He is a particular friend of mine; I will walk back with you, and I will get a good one in return, no doubt"—we had gone a little way down the road, when she said she must leave me; she did not want me to follow her—I allowed her for decency's sake to go out of my sight, but as soon as I looked round the corner she ran away—I followed; the male prisoner, whom I had seen opposite my shop, and who had followed me down the toad, came up and said, "You don't want to do that woman any harm; she is only a poor prostitute"—I said, "No, what I am doing is for her benefit; she tells me she has taken a bad half-crown"—I went on till I met a</p>
<xptr type="pageFacsimile" doc="189205020038"/>
<p>detective-sergeant, after following them for about three-quarters of an hour—I told the sergeant, in their presence, that Marks had attempted to pass a half-crown in my shop, and that it was good enough, from the description of the man, to take him as well—he said he would go to the station, and I gave them into custody—my daughter had shown me this other coin on the 16th, and I had it in my possession, and she had also given me a description of the person who gave it to her—I kept it till I gave it to the sergeant with the other half-crown—when I came out of the shop on the 21st I saw Marks looking over her shoulder to see where Cove was, and I saw him at that time.</p>
<hi rend="italic">Cross-examined.</hi> On the 21st you were opposite my shop, which is 200 or 250 yards from the Oak—when you came up to me and the woman you were 70 or 80 yards from the Oak—when the policeman came up I held up my hand to call him, and then you held up yours—you walked by my side to the police-station, and you complained once or twice of my following you so closely—I saw you talking to Nethercot, the fishmonger, and his wife, in the road opposite my shop.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-163" type="witnessName">
<interp inst="t18920502-name-163" type="gender" value="female"/>
<interp inst="t18920502-name-163" type="surname" value="GOVIER"/>
<interp inst="t18920502-name-163" type="given" value="ANNIE"/>ANNIE GOVIER</persName> </hi>. I am the wife of Charles Govier, who keeps a tobacconist's and sweetstuff shop at 5, Mansfield Road, Kentish Town—on 21st April Marks came in about 5 o'clock for twopennyworth of cough drops—she gave me a half-crown, which I bent in the tester, and told her was not good, and gave back to her—she said she had taken it from the linendraper up the road—she did not name the linendraper—there is one in the Gordon House Lane, and one in the Mansfield Road, on each side of us—she took the coin and went away, turning to the left—the same night we heard from Mr. Kinsey—I next saw Marks on Thursday at Marylebone Police-court, where I identified her from among other people—I only know it was a bad coin by its bending in the tester.</p>
<hi rend="italic">Cross-examined by Marks.</hi> I do not identify either of these coins.
<hi rend="smallCaps">CHARLES NUTKINS</hi> (
<hi rend="italic">Sergeant Y</hi>). On 21st April I met Kinsey and the two prisoners about half-past six—Kinsey gave Marks into custody, saying, "I give this woman into custody for passing a counterfeit half-crown, and you would be doing right in taking the man as well"—Cove was there—he said, "I shan't go to no station; I saw this man speaking to this woman; I don't know her; he accuses me of being with her"—I said to him, "We know each other; you had better go to the station and clear yourself"—Marks said, "I got it from the linendraper's at the corner of Gordon House Road; I bought three yards of calico, and these socks"—she produced the calico and socks—"I changed half a sovereign"—I took her to the station, Cove walking in front, and Kinsey going with me—at the station Cove was placed with ten others, and Miss Kinsey identified him as the man who had uttered a bad half-crown to her on the previous Saturday—I searched him, and found 6s. 4d., good money, a silver watch, a pawn-ticket, and a receipt—after Marks was searched, I received 2s. silver, and fourpence, and a small velvet purse—before the charge was read to them, Cove said, "I don't know this woman"—Marks said, "I don't know him"—when charged they made no reply—Marks gave 36, Preston Street, Norland Road, Kentish Town; and Cove, 7, Cromwell Terrace, Upper Holloway, as their addresses.</p>
<hi rend="italic">Cross-examined.</hi> The prosecutor beckoned me, and you beckoned me</p>
<xptr type="pageFacsimile" doc="189205020039"/>
<p>afterwards—you know why you did not run away; you could have run away if you had liked—the gentleman handed over one bad half-crown at the station, and the other when he gave the woman into custody—these are the two coins I received from Kinsey.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-164" type="witnessName">
<interp inst="t18920502-name-164" type="gender" value="female"/>
<interp inst="t18920502-name-164" type="surname" value="POWNEY"/>
<interp inst="t18920502-name-164" type="given" value="ADA"/>ADA POWNEY</persName> </hi>. I am assistant to Mr. Howse, linendraper, at Gordon House Road, Kentish Town—this calico and these socks were not bought at our shop.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-165" type="witnessName">
<interp inst="t18920502-name-165" type="gender" value="male"/>
<interp inst="t18920502-name-165" type="surname" value="ASHTON"/>
<interp inst="t18920502-name-165" type="given" value="JOHN JOSEPH"/>JOHN JOSEPH ASHTON</persName> </hi>. I live at 68, College Place, Camden Town, and am agent for Burnett, of 152, Holloway Road, and sell watches for him—I sold this watch to Cove, who gave the name of Goldsmith—he wrote from 5, Union Terrace, first, and then I went twice to 30, Ellenborough Road, Hornsey, to collect the money, as it was to be paid for by instalments—he paid me 7s. 6d. down, and paid up to the week before last—when I called on each occasion Marks has let me in each time, and Cove has paid me—my last call there was about 20th April; the payments have been settled up so far.</p>
<hi rend="italic">Cross-examined by Cove.</hi> I saw a rather elderly person at 5, Union Terrace—I asked her to take a sewing-machine, and you said you would have a watch—you afterwards said you were going to move to 30, Ellenborough Road—you have paid me each time I have been—you said you had a donkey and barrow—I did not see it.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-166" type="witnessName">
<interp inst="t18920502-name-166" type="gender" value="male"/>
<interp inst="t18920502-name-166" type="surname" value="WEBSTER"/>
<interp inst="t18920502-name-166" type="given" value="WILLIAM JOHN"/>WILLIAM JOHN WEBSTER</persName> </hi>. Both these coins are counterfeit and from the same mould—it is hardly sufficient test of itself the bending of a coin in a tester, as I have known a good coin to be broken in a tester; it depends on the amount of forte used.</p>
<hi rend="italic">The prisoners' statements before the Magistrate—Cove says:</hi> "I am
<hi rend="smallCaps">NOT GUILTY. "</hi>
<hi rend="italic">Marks says:</hi> "I
<hi rend="smallCaps">PLEAD GUILTY</hi> to one. I did not know it was bad."</p>
<hi rend="largeCaps">COVE</hi>,
<hi rend="italic">in his defence, said he knew nothing of the matter; that he saw Kinsey and Marks having high words, and went to see what it was about, and then went to the station to clear himself.</hi>
<hi rend="largeCaps">MARKS</hi>
<hi rend="italic">said she did not know the coin was bad.</hi>
<hi rend="smallCaps">
<rs id="t18920502-487-verdict-1" type="verdictDescription">
<interp inst="t18920502-487-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18920502-487-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<hi rend="largeCaps">COVE</hi>**—
<hi rend="italic">
<rs id="t18920502-487-punishment-26" type="punishmentDescription">
<interp inst="t18920502-487-punishment-26" type="punishmentCategory" value="imprison"/>
<interp inst="t18920502-487-punishment-26" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-487-18920502 t18920502-487-punishment-26"/>Twelve Months' Hard Labour.</rs> </hi> </p>
<hi rend="largeCaps">MARKS</hi>
<hi rend="italic">
<rs id="t18920502-487-punishment-27" type="punishmentDescription">
<interp inst="t18920502-487-punishment-27" type="punishmentCategory" value="imprison"/>
<interp inst="t18920502-487-punishment-27" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-487-18920502 t18920502-487-punishment-27"/>Three Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18920502-488">
<interp inst="t18920502-488" type="uri" value="sessionsPapers/18920502"/>
<interp inst="t18920502-488" type="date" value="18920502"/>
<join result="criminalCharge" id="t18920502-488-charge-1" targOrder="Y" targets="def1-488-18920502 t18920502-488-offence-1 t18920502-488-verdict-1"/>
<join result="criminalCharge" id="t18920502-488-charge-2" targOrder="Y" targets="def2-488-18920502 t18920502-488-offence-1 t18920502-488-verdict-2"/>
<persName id="def1-488-18920502" type="defendantName">
<interp inst="def1-488-18920502" type="gender" value="male"/>
<interp inst="def1-488-18920502" type="surname" value="HARRIS"/>
<interp inst="def1-488-18920502" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM HARRIS</hi> </persName> and
<persName id="def2-488-18920502" type="defendantName">
<interp inst="def2-488-18920502" type="gender" value="male"/>
<interp inst="def2-488-18920502" type="surname" value="MANNING"/>
<interp inst="def2-488-18920502" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES MANNING</hi> </persName>
<rs id="t18920502-488-offence-1" type="offenceDescription">
<interp inst="t18920502-488-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18920502-488-offence-1" type="offenceSubcategory" value="sodomy"/>
<hi rend="smallCaps">
<rs id="t18920502-488-verdict-1" type="verdictDescription">
<interp inst="t18920502-488-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18920502-488-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to unlawfully attempting to commit an unnatural offence.</rs> </p>
<hi rend="largeCaps">HARRIS</hi>
<hi rend="italic">
<rs id="t18920502-488-punishment-28" type="punishmentDescription">
<interp inst="t18920502-488-punishment-28" type="punishmentCategory" value="imprison"/>
<interp inst="t18920502-488-punishment-28" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-488-18920502 t18920502-488-punishment-28"/>Nine Months' Hard Labour.</rs> </hi> </p>
<hi rend="largeCaps">MANNING</hi>
<rs id="t18920502-488-verdict-2" type="verdictDescription">
<interp inst="t18920502-488-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18920502-488-verdict-2" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded Guilty]</rs>
<rs id="t18920502-488-punishment-29" type="punishmentDescription">
<interp inst="t18920502-488-punishment-29" type="punishmentCategory" value="noPunish"/>
<interp inst="t18920502-488-punishment-29" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-488-18920502 t18920502-488-punishment-29"/>
<hi rend="italic">Judgment respited.</hi> </rs> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Thursday, May</hi> 5
<hi rend="italic">th</hi>, 1892.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t18920502-489">
<interp inst="t18920502-489" type="uri" value="sessionsPapers/18920502"/>
<interp inst="t18920502-489" type="date" value="18920502"/>
<join result="criminalCharge" id="t18920502-489-charge-1" targOrder="Y" targets="def1-489-18920502 t18920502-489-offence-1 t18920502-489-verdict-1"/>
<persName id="def1-489-18920502" type="defendantName">
<interp inst="def1-489-18920502" type="gender" value="male"/>
<interp inst="def1-489-18920502" type="surname" value="BETTS"/>
<interp inst="def1-489-18920502" type="given" value="ROBERT"/>
<hi rend="largeCaps">ROBERT BETTS</hi> </persName> was indicted
<rs id="t18920502-489-offence-1" type="offenceDescription">
<interp inst="t18920502-489-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18920502-489-offence-1" type="offenceSubcategory" value="perjury"/> for wilful and corrupt perjury, committed before Mr. Registrar Linklater.</rs> </p>
<hi rend="smallCaps">MR. GEOGHEGAN</hi>
<hi rend="italic">Prosecuted</hi>, and
<hi rend="smallCaps">MR. GRAIN</hi>
<hi rend="italic">Defended.</hi>
<hi rend="smallCaps">GEORGE HENDRY</hi>. I carry on business at Oak Lane, Limehouse, as a coppersmith and brewers' engineer—in April, 1890, I recovered a judgment, with costs, against George Ferdinand von Weisenfeld for £250—Mr. Birchall was my solicitor in that action—I instituted bankruptcy proceedings against Von Weisenfeld—he was declared bankrupt</p>
<xptr type="pageFacsimile" doc="189205020040"/>
<p>in June, 1890—I was appointed trustee on 2nd April, 1891—a protracted litigation took place with reference to that bankruptcy, and with reference to some furniture in Stoneleigh; likewise as to a bill of sale that was set up respecting a claim by the Produce Company, Limited, to that furniture—the issue was, whether I or the trustee was entitled to that furniture—judgment was given by Justice Vaughan Williams; there was an appeal, and his judgment was affirmed—on that I took steps to compel the bankrupt to attend his public examination—he did not attend—he did not file any statement of affairs—a summons was taken out, under Section 20, for a private examination of the defendant Betts—that was issued on 7th May, and on the 28th he came before Registrar Linklater and gave evidence—I have never seen the furniture since, or recovered a farthing—I know that Von Weisenfeld had an interest in two houses, Stoneleigh and Grafton House, in Clissold Park, Stoke Newington—he was also supposed to rent Oak Lodge—I did not know of the furniture being taken there on 18th April or 20th May.</p>
<hi rend="italic">Cross-examined.</hi> There was no order of the Bankruptcy Court for this prosecution—I am prosecuting as trustee—there are several creditors—there is no committee of inspection—the Official Receiver and myself, as trustee, conducted the whole of the litigation—there were proceedings extending over nine or ten days about the bill of, sale—Mr. Justice Williams set it aside in my favour, and the Court of Appeal affirmed his judgment—the date of the information was 17th July, 1891—I first gave evidence in this matter a week or two after, at Bow Street—the case was adjourned by Sir John Bridge until the proceedings in the High Court had been adjudicated upon—after the judgment of the High Court I applied for a day to be fixed for the hearing of the criminal charge against the defendant—I cannot say when I first heard of the removal of the furniture from Stoneleigh House—it is twelve months ago; it may have been about the end of March, 1891—we could not take proceedings because we did not know where it went to—we took steps to watch Oak Lodge after we heard of the removal, I can't say the date—I took steps to try and recover my debt, and instructed my solicitor to proceed accordingly—the man bad become bankrupt, but we understood that he had a lot of property—my solicitor applied for authority to break into Oak Lodge and see if there was any property there belonging to me—I did not break into the place; I don't know whether my solicitor did; I was not there when they went in—I went there afterwards, but I never got in—I believe an inventory was taken—I left Mr. Birchall to take all necessary proceedings.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-170" type="witnessName">
<interp inst="t18920502-name-170" type="gender" value="male"/>
<interp inst="t18920502-name-170" type="surname" value="L'ENFANT"/>
<interp inst="t18920502-name-170" type="given" value="CHARLES"/>CHARLES L'ENFANT</persName> </hi>. I am a clerk in the London Bankruptcy Court—I produce the file of proceedings in the bankruptcy of Charles F. von Weisenfeld—on 2nd of April, 1891, George Hendry was appointed trustee—on 7th May an application was made to Registrar Linklater for a summons for the examination of the defendant—this is the summons—his examination took place on 28th May—Mr. Barber was appointed by the Registrar to make a transcript of the notes.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-171" type="witnessName">
<interp inst="t18920502-name-171" type="gender" value="male"/>
<interp inst="t18920502-name-171" type="surname" value="BARBER"/>
<interp inst="t18920502-name-171" type="given" value="ERNEST"/>ERNEST BARBER</persName> </hi>. I am assistant to Charles Barber, shorthand writer to the Bankruptcy Court—I attended before Mr. Registrar Linklater on 28th May last, and took shorthand notes of the examination of the defendant—he was sworn in the ordinary way—there is a correct transcript of my notes on the file. (
<hi rend="italic">The transcript was put in and read, and the</hi> </p>
<xptr type="pageFacsimile" doc="189205020041"/>
<hi rend="italic">portion upon which the perjury was alleged was that he did not, on</hi> 28
<hi rend="italic">th May,</hi> 1891,
<hi rend="italic">know where Von Weisenfeld's furniture was, or that it was supposed to be bought by Dr. Wilde.</hi>)</p>
<hi rend="smallCaps">
<persName id="t18920502-name-172" type="witnessName">
<interp inst="t18920502-name-172" type="gender" value="male"/>
<interp inst="t18920502-name-172" type="surname" value="TERRY"/>
<interp inst="t18920502-name-172" type="given" value="WALTER JAMES"/>WALTER JAMES TERRY</persName> </hi>. I live at 171, Morrison Road, Camberwell—I am a salesman—in April, 1891, I was engaged by Mr. Potts, the late tenant, as caretaker on the premises known as Oak Lodge, Green Lanes, Stoke Newington—on 18th April, 1891, the defendant came there about eight in the morning, and knocked at the door—I opened it; my wife was with me—he put his foot inside the door, and said, "I have come to take possession of the house"—I said, "Where is your authority?"—he could not produce one; he was a complete stranger to me—I told him I had not received any instructions to allow him to take possession—to the best of my belief he said the furniture was coming—upon that I bolted the door—he said, "Is that your little game?"—I went to the back and bolted the door, and when I came to the front again he said, "We know your little game"—he stood with his back to the door to prevent my shutting it—the door gave way—he called another man, and told him to go for the agreement and the letter—he went away and came back—in the course of the day, about three, van loads of furniture came to the house in two pantechnicon covered vans—the defendant told me it came from Stoneleigh House, and by his direction it was put into Oak Lodge—he supervised the putting it in—he remained in the house all day—I declined to leave the premises—he threatened to turn me and my wife out—he told me he came in on an agreement with the owner—he showed me the agreement the next day—he remained there till the 20th, and I then left with my furniture—I read part of the agreement; I don't think this (
<hi rend="italic">produced</hi>) is it; I am not sure, I should possibly know the letter better—the name of Dr. Wilde was mentioned during the day—I understood the agreement was between Mr. Elton and Dr. Wilde—I saw Dr. Wilde on the Sunday; he was a man of military appearance, rather taller than myself, and stouter—I did not see much of him—he appeared to be a foreigner; I could not say whether he spoke English; I could not say whether he wore spectacles—the defendant had told me that Dr. Wilde was coming in on Sunday morning; he came, and I was afterwards told by Horton that he was Dr. Wilde—I can't say that Horton was caretaker after I left.</p>
<hi rend="italic">Cross-examined.</hi> I heard afterwards that Messrs. Elton and Macluer were the owners of the house—I did not notice that there were any foreign labels on the furniture that came in—a Madame Wilde afterwards came to the house—I don't remember Horton telling me that she was coming; she came after some of the furniture had come in—she was in the house while part of the unloading was done—I left the house, in charge of Mr. Betts and Madame Wilde; Dr. Wilde was there—I have not been there since.</p>
<hi rend="italic">Re-examined.</hi> I should know Mrs. Wilde if I saw her—I have not noticed Dr. or Mrs. Wilde here.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-173" type="witnessName">
<interp inst="t18920502-name-173" type="gender" value="female"/>
<interp inst="t18920502-name-173" type="surname" value="TERRY"/>
<interp inst="t18920502-name-173" type="given" value="JESSIE"/>JESSIE TERRY</persName> </hi>. I am the wife of the last witness—I was with him at Oak Lodge on 18th April—I saw the defendant there that day—on 16th April I had been on a message to Stoneleigh House for Madame Wilde—I saw her there—I saw some furniture in the hall—I did not go into any of the rooms—I afterwards saw some that I believe to be the same furniture, at Oak Lodge.</p>
<xptr type="pageFacsimile" doc="189205020042"/>
<hi rend="italic">Cross-examined.</hi> I went no further than the hall at Stoneleigh House—all I saw there was hall furniture—it is rather a large house—I think there were three or four large pieces of furniture; I could not be positive—I saw Mrs. Wilde afterwards at Oak Lodge—I believe she and the defendant were there when I left—I did not see them when I left.</p>
<hi rend="italic">Re-examined.</hi> Mrs. Wilde opened the door to me at Stoneleigh House—I was there about a quarter of a hour or twenty minutes—that was on the 16th, and on the 18th I saw part of what I believed to be the same furniture at Oak Lodge—I did not see Mr. Wilde at all—I was there on the 19th when my husband left—I left at eight in the morning—I expected furniture to be brought from Stoneleigh House to Oak Lodge.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-174" type="witnessName">
<interp inst="t18920502-name-174" type="gender" value="male"/>
<interp inst="t18920502-name-174" type="surname" value="BRIDE"/>
<interp inst="t18920502-name-174" type="given" value="HENRY"/>HENRY BRIDE</persName> </hi>. I am gardener to Mrs. Hancock, of Marlborough Cottage, Green Lanes, Stoke Newington—our gardens adjoin Oak Lodge at the back—on 18th April last year I remember furniture being moved into Oak Lodge—I saw Mr. Betts there that day—I went into the house and saw him there that night—I know Stoneleigh House; it is in Church by the man that moved in the furniture that it came from Stoneleigh House—I was in Mrs. Hancock's service during the summer of 1891—during May and June I saw the defendant at Oak Lodge once or twice a week—in July last I remember two persons walking up and down the road watching the house—I know Von Weisenfeld—I saw him in June, and had a conversation with him about drains—I did not see him after the two persons were watching the house; he disappeared then—I have not seen him since, only at the Law Courts—he was living at Oak Lodge in June; I saw him in the garden at the back of the house; I have spoken to him there about lawn tennis.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-175" type="witnessName">
<interp inst="t18920502-name-175" type="gender" value="male"/>
<interp inst="t18920502-name-175" type="surname" value="HORTON"/>
<interp inst="t18920502-name-175" type="given" value="HENRY"/>HENRY HORTON</persName> </hi>. I was living at Oak Lodge at the time of the examination before the Magistrate—I do not live there now—I am a bottler, and bottle wine for the Concentrated Produce Company; the defendant is the secretary; he pays me my wages—I am in the service now, and live at 2, Balfour Road, Highbury New Park—the Baroness Lydia de Frank does not live there; she comes there to stay when in London; she calls there for letters; she has not stayed there since I have been there—I know nothing whatever of her business; I have never seen her at the premises of the company; I never knew her by any other name—I was introduced to her when I went to live there—on 18th April Mrs. Wilde sent me to take a paper to the defendant—I had known Mrs. Wilde before, for twelve months; I saw her in January and February this year—I know Dr. Wilde; I saw him last December—I was examined at the Bankruptcy Court on the part of the company in support of their bill of sale—the proceedings were adjourned from day to day—I did not see Dr. Wilde about the Bankruptcy Court; he was not examined there to my knowledge—when I took the note to the defendant from Mrs. Wilde on 18th April I saw the furniture moved in—I came with it; it came from Stoneleigh House; Mrs. Wilde gave it to me there; Dr. Wilde was not present—there were three or four pantechnicon heavy vanloads—I remained at Oak Lodge until the furniture was finished removing, on the 18th—I was there on the 20th; I saw Dr. Wilde on the 20th—I became caretaker there about a fortnight after—I remained there until the 25th of March this year; people were not living in the house all the while; Dr. Wilde was living there occasionally—I knew the gardener</p>
<xptr type="pageFacsimile" doc="189205020043"/>
<p>next door; more's the pity—I know Von Weisenfeld—in June last year he stayed there—I remember two persons walking up and down outside the house; Von Weisenfeld was not there all the time—he has been there two or three weeks at a time; he never stayed there like Dr. Wilde; he paid occasional visits—they have been there together; they did not occupy the same bedroom—I saw Von Weisenfeld there on the 19th April; he is not Dr. Wilde—I had been to Stoneleigh House before the 18th of April—I had been in the dining-room, the drawing-room, and upstairs, and saw the furniture there; it was not the same furniture that went to Oak Lodge; it was not Von Weisenfeld's furniture—Mrs. Wilde paid me my money as caretaker; I can't say who she got it from, without it came from Dr. Wilde through the Concentrated Produce Company—Mrs. Wilde instructs me as caretaker, and there is Dr. Wilde and Mr. Betts; I take instructions from Mr. Betts when Dr. and Mrs. Wilde are away; they are generally away; I generally take my instructions from Mr. Betts—of the furniture moved from Stoneleigh House, I only saw two things belonging to Von Weisenfeld, a sideboard and a lookingglass in the hall—Mr. Betts lives at Stoneleigh House at present; on the 18th April Dr. and Mrs. Wilde lived there—I did not see Von Weisenfeld there then—I always understood that he left there in October, 1890, when he gave the house up—I don't know that that was after the action was heard; I did not know anything about the action then—I don't know that the looking-glass was his, but it was in his use, and so was the sideboard—the three or four vanloads of furniture were used at Stoneleigh House—Dr. Wilde lived there; I don't know where that furniture is now; I could not say where it was in March; there was no furniture there; I don't know where it had gone to—I was examined before the Magistrate three times, the last time was on 24th July, 1891—I told the Magistrate that the furniture which had been moved to Oak Lodge in April had remained there ever since, and was there then, at the time I gave my evidence—Mrs. Wilde had it moved away the first week in January, 1892—I remember the trustee calling on the 17th January—I did not know that Dr. Wilde had said he had a bill of sale on that furniture; I never heard it till I was told; I did not know that the sale was declared void, and a sham—I do not know that the furniture was removed directly the bill of sale was declared a sham—all I can say is that the furniture was taken away in pantechnicon vans; I don't know where it went to—I don't know what became of the mirror on sideboard—a search-warrant was issued and executed on the premises while I was caretaker—Mr. Birchall, the solicitor, came in under that search-warrant—he had a paper with him; he looked at some of the furniture while he, had the paper in his hand—I never heard of a schedule to a bill of sale.</p>
<hi rend="italic">Cross-examined.</hi> I was examined in a room at the Bankruptcy Court on 16th July, 1891, and on 24th I was at Bow Street; I gave evidence, and was recalled and cross-examined the following week—I joined the Produce Company in 1888, and was in the company's employ until 1891 as bottler—from time to time during that period I saw a person calling himself Dr. Wilde; I understood him to be a member of the company—I always took Von Weisenfeld to be the manager—I saw the removal of the furniture from Stoneleigh House—it was the last Friday in March, 1891; I was bottling at the rear of Stoneleigh House, the</p>
<xptr type="pageFacsimile" doc="189205020044"/>
<p>factory; the business was carried on there—Von Weisenfeld was there from time to time—it was a company to supply grapes and extract the musk; it is made into a kind of claret—I was going home to dinner about one o'clock, the pantechnicon van stood outside, being loaded with furniture, and when I returned it was gone—between four and five in the afternoon Mr. Betts came down and asked the meaning of it, and I told him—I saw no moving till the Tuesday afternoon, when I saw some furniture being unloaded and moved into the house; it came in a pantechnicon van; it came on a railway trolley—the furniture was being moved into the dining-room—I only saw one van there, it had "Paris" on it—I had occasion to go into the house with a letter; I saw Mrs. Wilde, and had a conversation with her, and then went back to my business—it was the same furniture that was moved into Oak Lodge—I was in the house after the furniture was there—I had occasion to be in the house nearly every day—I always went into the dining-room to see people I wanted to see—I saw Mrs. Wilde, Dr. Wilde, and Von Weisenfeld—I knew Von Weisenfeld well, and I know Dr. Wilde; they are not the same person—the only persons that came to Oak Lodge to ask me for any information was at eleven o'clock at night, and they gave the names of Flaxman and Edwards—that was about a week before the warrant—the furniture had not gone then; it was in the house, and was there up to January this year—I had nothing whatever to do with the removal of it in January—I last saw Mrs. Wilde on 23rd of March this year—I saw her at the house a day or two before the furniture was removed—I had a conversation with Mrs. Wilde as to who it belonged to—I knew from her where Dr. Wilde was generally living when he was not abroad—I have not seen her since 20th March.</p>
<hi rend="italic">Re-examined.</hi> The furniture that came from abroad was put into Stoneleigh House, and was afterwards removed to Oak Lodge—I only saw one van, but I was not there all the while; I had business out—at the time I was examined before Mr. Justice Vaughan Williams I knew that the ownership of this furniture was in question—I was not asked if it ceased to belong to Von Weisenfeld and belonged to Dr. Wilde—I saw Mr. Elton several times before I was examined before Mr. Justice Williams—I don't know whether he took my statement—I told him that I knew the furniture came from Paris in March, and was then removed to Oak Lodge—I don't think I was asked a single question by Von Weisenfeld's counsel about the furniture coming from Paris—I did not know that the whole question was who the furniture belonged to—I am sure that the furniture that was removed from Stoneleigh House to Oak Lodge was the same that came from abroad, except the two articles I have mentioned; I took particular notice of it—I had been in the dining-room frequently, and seen the furniture there—there was not a walnut wood buffet and a bookcase there of Von Weisenfeld's—I knew to whom each article belonged, because I minded the furniture when they were in the country—there was a dining-table—there were not twelve walnutwood chairs covered with velvet; I did not see such chairs at Oak Lodge—I saw a mahogany clock and a bronze five-light, a barometer and thermometer, a good many oil paintings, a piano, and a cabinet—I never went into the bedrooms; I don't know anything about the bill of sale—I was not aware there was a bill of sale.</p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. I can't say that the articles in Stoneleigh House were</p>
<xptr type="pageFacsimile" doc="189205020045"/>
<p>the same that went to Oak Lodge—I say I saw some furniture removed into Stoneleigh House in 1891—I can't say whether it was the same—the furniture brought from Paris to Stoneleigh House was the same that Mr. Birchall saw at Oak Lodge—I don't know that it was the same as mentioned in the bill of sale—it was moved out from Stoneleigh House—I don't know where it went to—furniture went out in October and November, 1890; that was Von Weisenfeld's furniture—I don't know where it went to; it was not there when I went—I was there when the furniture from Paris was brought in—I don't know who brought it in; all I can say is that "Paris "was on the van in painted letters—I don't know whether the persons that brought it in were foreign or English—it was a two-horse van—I did not ask where they came from—I could not read the name of the owner, because it was in foreign letters, different from ours; the word "Paris" was in English—Madame Wilde is a foreigner, and Dr. Wilde also—I have never seen any foreign prints in their house—I never spoke to the persons that brought the furniture—the goods were packed; I could not see what they were.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-176" type="witnessName">
<interp inst="t18920502-name-176" type="gender" value="male"/>
<interp inst="t18920502-name-176" type="surname" value="PHELPS"/>
<interp inst="t18920502-name-176" type="given" value="EDGAR BYRON"/>EDGAR BYRON PHELPS</persName> </hi>. I am a manufacturing agent—about Christmas, 1890. I entered into the occupation of 58, Bishopsgate Street, with Von Weisenfeld—the prisoner used Von Weisenfeld's office, and I had the private office—I last saw Von Weisenfeld about March twelve months-after that the prisoner came to the office—letters came for Von Weisenfeld during his absence, which the prisoner would take away—as far as I know the prisoner represented Von Weisenfeld at those offices—since I last saw Von Weisenfeld the prisoner has given me a letter from him; if had an envelope, but when I saw it it was open, with no envelope; it was an enclosure apparently, delivered to me by Betts.</p>
<hi rend="italic">Cross-examined.</hi> I have a libel action against Von Weisenfeld, which is still pending, and I am also in litigation with the Concentrated Produce Company, I believe—I have the scrip of one share in the company, but I believe I am not entitled to it, from what my solicitor says.</p>
<hi rend="italic">Re-examined.</hi> The company brought the action against me last year, I think—I have heard nothing more about it—the statement of claim has been delivered, and I have not heard anything more about it.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-177" type="witnessName">
<interp inst="t18920502-name-177" type="gender" value="male"/>
<interp inst="t18920502-name-177" type="surname" value="BIRCHALL"/>
<interp inst="t18920502-name-177" type="given" value="CHARLES FRANCIS BULLARD"/>CHARLES FRANCIS BULLARD BIRCHALL</persName> </hi>. I am a solicitor, of 5, Mark Lane—I have been acting for Mr. Hendry—Mr. Flaxman is my managing clerk—we acted in the bankruptcy proceedings—this is the office copy, I think, of the bill of sale, 1890—I am acquainted with the litigation that has been going on,
<hi rend="italic">ex parte</hi> the Concentrated Produce Company
<hi rend="italic">re</hi> Von Weisenfeld, and the different claims that have been made on the property—the company claimed the furniture at Stoneleigh House under this bill of sale, which is from Von Weisenfeld to the company over the bankrupt's furniture—the consideration is £270, I think—it has been alleged that the company have made an assignment or something—there is an inventory attached to the bill of sale—about 3rd of July last year I went to Oak Lodge, where I found Horton in possession—I had the bill of sale in my hand; I went over the house, and compared the furniture in it with the schedule, and the articles we found there answered the description given in the schedule; we did not find some pictures that should have been there—an offer was made with reference to that furniture, which they said was in Oak Lodge, in the bankruptcy proceedings, by a solicitor or</p>
<xptr type="pageFacsimile" doc="189205020046"/>
<p>his clerk, acting for the company, of £275—they said it belonged to Dr. and Mrs. Wilde—I was not aware of the removal of any furniture from Stoneleigh House when I examined the prisoner at the Bankruptcy Court—I had reason to think until the removal of the prisoner on 28th May that the furniture was still there—a week or ten days after the prisoner's examination I traced it, and I then applied for a search-warrant under the Bankruptcy Act to inspect the property—the warrant was granted, and I went and searched; that was the occasion I spoke about—the furniture was left where it was, because other proceedings were pending—the Court made an order that it should not be removed—in July I took proceedings before Sir John Bridge, who said it was a rule there that if civil proceedings were pending with regard to the subject of criminal matters the criminal matters were postponed till the civil matters had been determined—I think that is the course—the civil matters were all determined on 25th March in the favour of us and the trustee.</p>
<hi rend="italic">Cross-examined.</hi> I heard nothing about the removal of the furniture till I heard it had been removed—I got the summons under the 22nd Section, partly because I could not find where the furniture was—Mr. Elton, a solicitor, said at the Bankruptcy Court that he was appearing on behalf of Mr. Betts, I understood.</p>
<hi rend="smallCaps">
<rs id="t18920502-489-verdict-1" type="verdictDescription">
<interp inst="t18920502-489-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18920502-489-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18920502-489-punishment-30" type="punishmentDescription">
<interp inst="t18920502-489-punishment-30" type="punishmentCategory" value="imprison"/>
<interp inst="t18920502-489-punishment-30" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-489-18920502 t18920502-489-punishment-30"/>Six Weeks' Imprisonment.</rs> </hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Thursday, May</hi> 5
<hi rend="italic">th</hi>, 1892.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
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<interp inst="t18920502-490" type="date" value="18920502"/>
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<persName id="def1-490-18920502" type="defendantName">
<interp inst="def1-490-18920502" type="gender" value="male"/>
<interp inst="def1-490-18920502" type="surname" value="KLENCH"/>
<interp inst="def1-490-18920502" type="given" value="JOHN MATTHEW"/>
<hi rend="largeCaps">JOHN MATTHEW KLENCH</hi> </persName>
<rs id="t18920502-490-offence-1" type="offenceDescription">
<interp inst="t18920502-490-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18920502-490-offence-1" type="offenceSubcategory" value="libel"/>, for a libel on
<persName id="t18920502-name-179" type="victimName">
<interp inst="t18920502-name-179" type="gender" value="male"/>
<interp inst="t18920502-name-179" type="surname" value="BARTHOLOMEW"/>
<interp inst="t18920502-name-179" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18920502-490-offence-1 t18920502-name-179"/>John Bartholomew</persName> </rs>, upon which
<hi rend="smallCaps">MR. GRAIN</hi>
<hi rend="italic">offered no evidence.</hi> </p>
<hi rend="smallCaps">
<rs id="t18920502-490-verdict-1" type="verdictDescription">
<interp inst="t18920502-490-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18920502-490-verdict-1" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
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<join result="criminalCharge" id="t18920502-491-charge-1" targOrder="Y" targets="def1-491-18920502 t18920502-491-offence-1 t18920502-491-verdict-1"/>
<join result="criminalCharge" id="t18920502-491-charge-2" targOrder="Y" targets="def2-491-18920502 t18920502-491-offence-1 t18920502-491-verdict-1"/>
<persName id="def1-491-18920502" type="defendantName">
<interp inst="def1-491-18920502" type="gender" value="male"/>
<interp inst="def1-491-18920502" type="age" value="59"/>
<interp inst="def1-491-18920502" type="surname" value="MARTIN"/>
<interp inst="def1-491-18920502" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES MARTIN</hi> (59)</persName> and
<persName id="def2-491-18920502" type="defendantName">
<interp inst="def2-491-18920502" type="gender" value="male"/>
<interp inst="def2-491-18920502" type="age" value="58"/>
<interp inst="def2-491-18920502" type="surname" value="COX"/>
<interp inst="def2-491-18920502" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN COX</hi> (58)</persName>
<rs id="t18920502-491-offence-1" type="offenceDescription">
<interp inst="t18920502-491-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18920502-491-offence-1" type="offenceSubcategory" value="fraud"/>, Conspiring with other persons to cheat and defraud
<persName id="t18920502-name-182" type="victimName">
<interp inst="t18920502-name-182" type="gender" value="male"/>
<interp inst="t18920502-name-182" type="surname" value="VOGELSARG"/>
<interp inst="t18920502-name-182" type="given" value="ARTHUR"/>
<join result="offenceVictim" targOrder="Y" targets="t18920502-491-offence-1 t18920502-name-182"/>Arthur Vogelsarg</persName>.</rs> </p>
<hi rend="smallCaps">MR. MORRIS</hi>
<hi rend="italic">Prosecuted, and</hi>
<hi rend="smallCaps">MR. PURCELL</hi>
<hi rend="italic">Defended.</hi> </p>
<hi rend="smallCaps">
<persName id="t18920502-name-183" type="witnessName">
<interp inst="t18920502-name-183" type="gender" value="male"/>
<interp inst="t18920502-name-183" type="surname" value="VOGELSARG"/>
<interp inst="t18920502-name-183" type="given" value="ARTHUR"/>ARTHUR VOGELSARG</persName> </hi>, M.D. I live at 18, Montague Place, Russell Square—on 22nd April, about 11.30 a.m., I was in Fleet Street, and the prisoner Martin came up and asked me if those were the Law Courts; I said, "I think so. but I cannot give further explanation because I am a foreigner too"—I thought he was a foreigner by his speech; he asked where I was going—I said that I had some business to do in Oxford Street—he asked if I would allow him to come with me—I said, "Yes, I have not much time, but if you like you can come"—during the walk he asked me to go with him to the Crystal Palace and Westminster Abbey—I declined that—I had to go to Heath's, the hatter's, while he went to a bar near—I found him there, and he insisted on paying for some whisky, and soon afterwards Cox accosted me and asked me if the South Kensington Museum was near—I said, "It is very far from here"—he. said that a cabman had put him down there, telling him he was near the South Kensington Museum, and that he had given the cabman a sovereign, and waited an hour for the change, and he had not come back—he showed by accident a bundle of bank-notes about an inch thick, in a pocket-book—I told him it was foolish to show such an amount of money in a public bar—Martin seemed surprised to see such a lot of money, and joined me in telling Cox to be more careful, who shook hands with us as a sign of gratitude—Cox said he had got an in
<xptr type="pageFacsimile" doc="189205020047"/>
<p>of £30,000 last Thursday, before which he was a labourer I getting £1 a week; that it was from au uncle in Ireland, who added a I codicil to his will by which he, Cox, was obliged to give £5,000 to the poor in any part of the globe—I noticed that his hands were not those of a labourer, and told him he was very foolish to tell such a story, and to show so much money to strangers—he said that he should seek agents to give the £5,000, and they must be persons of honesty and substance, and neither lawyers nor clergymen—I had told him that I am a doctor—he told a story about an Irish schoolmaster to whom he had given £200 for the poor, and £20 for his trouble, and who had proved his position by showing £200 cash at the bank, and he, Cox, would do the same with us if we fulfilled the same conditions, which were that he should see the money, to be sure we were men of substance, and he must see cash and not letters of credit, because he could not understand them—Martin then offered himself to be such an agent—Cox said it would be necessary to show £200, and then he went down to £150—I told him I could not show him such a lot of money, but I could take him to our Legation, where I could prove my honesty—I asked their names—Cox said he could not produce a card—I invited him to write, but he refused, and Martin put down the name of Cox, and also Patrick Lynch, of Pryor's Hotel, and said that in London he stayed at the Great Western Hotel—the other man said he was Mr. Watson, of the Talbot Hotel, Richmond—I am looking at my pocket-book—the first name was written by Martin, and the second by me—I gave my address-card—Cox said that he should see the money that afternoon—I said that I could not produce money that afternoon, because my money was in Switzerland—it was then 1 or 1.30—we were to meet at Holborn Restaurant at 5 p.m., when Cox said we were to show as much money as possible-Martin came with me some 100 yards, and said it seemed to him that this man was very stupid, and he might be a fool, but he could do much good with the money, and he recommended me to brine as much money. as possible for the interest of the poor—I went home alone and fetched some money, and went to a solicitor and told him the story, and he and I went to Scotland Yard and saw Mr. Williamson, the detective—I kept the appointment at five o'clock, and saw the detective in the saloon bar—he gave me a sign, and I went to a chair, and soon afterwards Martin came and told me he could not get so. much money as he expected, only about £40 or £50—I told him I was unsuccessful in getting money too, but the thing was so important that we could have another appointment with Cox—he was very anxious to now from me how much I had got, and whether it was gold or bank notes—I said I had about £4 in cash with me, but I could in case of necessity show my watch and chain—Cox then came in, and offered to pay for a bottle of ale; Martin objected, and I objected too, and then Martin told Cox he was sorry he had not got so much money as he expected, and I said I could not get more than about £4—I saw in the looking-glass that Williamson was standing behind us with two or three gentlemen—I observed that Cox changed colour, and was out of composure—he said, "I shall go back to my quarters," and walked to the door—I looked after him, and saw that he was arrested and Martin had disappeared—I went to Bow</p>
<xptr type="pageFacsimile" doc="189205020048"/>
<p>Street, saw the prisoners in custody, and charged them with attempting to extort money from me.</p>
<hi rend="italic">Cross-examined.</hi> No one else was with them—I was acting on the instructions the police gave me when I entered into conversation with the prisoners at the Holborn Restaurant—I have been in England since the end of October; it is my first visit here—I have been in Germany-Martin said that he thought Cox's story was a little strange—I was convinced that they were swindlers, and I only went to the Holborn Restaurant to lay a trap for them—I took £4 there—the police did not advise me to show my money.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-184" type="witnessName">
<interp inst="t18920502-name-184" type="gender" value="male"/>
<interp inst="t18920502-name-184" type="surname" value="WILLIAMSON"/>
<interp inst="t18920502-name-184" type="given" value="WILLIAM"/>WILLIAM WILLIAMSON</persName> </hi> (
<hi rend="italic">Detective Sergeant</hi>). On 22nd April, about 5 p.m., I went with Norland and Nash to the saloon bar of the Holborn Restaurant, and saw the two prisoners, and the prosecutor sitting between them—on our approaching them they got up and went away—I told Cox I was a police officer, and should take him in custody for attempting to obtain £150 from the prosecutor, pointing to him—he said, "Don't make a scene; you can't do much to me, for I have had nothing out of him"—I took him to Broad Street, where he was charged—I found on him sixteen pieces of paper, eight representing £ 1,000 notes, and. the others £5 notes on the Bank of Engraving; they are dummies—he was charged, and made no reply.</p>
<hi rend="italic">Cross-examined.</hi> Flash notes are seen on racecourses; they are carried by welshers—I know a great many welshers—I have not taken proceedings against the printer; this is a new issue—I was at the Holborn Restaurant before Mr. Vogelsarg came in, and went out again, and when I went in a second time the three were together; he was acting under my instructions.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-185" type="witnessName">
<interp inst="t18920502-name-185" type="gender" value="male"/>
<interp inst="t18920502-name-185" type="surname" value="NOWLAN"/>
<interp inst="t18920502-name-185" type="given" value="JOHN"/>JOHN NOWLAN</persName> </hi> (
<hi rend="italic">Detective Sergeant</hi>). I went with Sergeant Williamson on 22nd April, about five p.m., to the Holborn Restaurant, and saw the two prisoners sitting one on each side of the prosecutor—on our approaching them they attempted to leave—I stopped Martin, and told him I was a police-officer, and should take him into custody for attempting to obtain £150 by means of a trick—he said, "Very well, it is a good job we got nothing from him; you can't do much to us"—I took him to Bow Street, where he was charged—he made no reply—I found nothing on him.</p>
<hi rend="italic">Cross-examined.</hi> I made a note at the time—Martin said, "It is a good job we have got nothing out of him"—I did not keep it as it was such a trifling thing—Martin did not deny at the Police-court that he had said so.</p>
<hi rend="smallCaps">
<rs id="t18920502-491-verdict-1" type="verdictDescription">
<interp inst="t18920502-491-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18920502-491-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18920502-491-punishment-31" type="punishmentDescription">
<interp inst="t18920502-491-punishment-31" type="punishmentCategory" value="imprison"/>
<interp inst="t18920502-491-punishment-31" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-491-18920502 t18920502-491-punishment-31"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-491-18920502 t18920502-491-punishment-31"/>Eight Months' Hard Labour each</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18920502-492">
<interp inst="t18920502-492" type="uri" value="sessionsPapers/18920502"/>
<interp inst="t18920502-492" type="date" value="18920502"/>
<join result="criminalCharge" id="t18920502-492-charge-1" targOrder="Y" targets="def1-492-18920502 t18920502-492-offence-1 t18920502-492-verdict-1"/>
<persName id="def1-492-18920502" type="defendantName">
<interp inst="def1-492-18920502" type="gender" value="male"/>
<interp inst="def1-492-18920502" type="age" value="49"/>
<interp inst="def1-492-18920502" type="surname" value="CUNNINGHAM"/>
<interp inst="def1-492-18920502" type="given" value="ABRAHAM"/>
<hi rend="largeCaps">ABRAHAM CUNNINGHAM</hi> (49)</persName>
<rs id="t18920502-492-offence-1" type="offenceDescription">
<interp inst="t18920502-492-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18920502-492-offence-1" type="offenceSubcategory" value="sodomy"/>, Unlawfully attempting to procure the commission of an act of gross indecency.
<hi rend="italic">Second Count</hi>, unlawfully, etc.</rs> </p>
<hi rend="smallCaps">MR. FORREST FULTON</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<rs id="t18920502-492-verdict-1" type="verdictDescription">
<interp inst="t18920502-492-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18920502-492-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY on the Second Count—</rs> </hi>
<hi rend="italic">
<rs id="t18920502-492-punishment-32" type="punishmentDescription">
<interp inst="t18920502-492-punishment-32" type="punishmentCategory" value="imprison"/>
<interp inst="t18920502-492-punishment-32" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-492-18920502 t18920502-492-punishment-32"/>Three Months' Imprisonment, without Hard Labour</rs>.</hi> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Friday, May</hi> 6
<hi rend="italic">th</hi>, 1892.</p>
<hi rend="italic">Before Lord Chief Justice Coleridge.</hi> </p>
<div1 type="trialAccount" id="t18920502-493">
<interp inst="t18920502-493" type="uri" value="sessionsPapers/18920502"/>
<interp inst="t18920502-493" type="date" value="18920502"/>
<join result="criminalCharge" id="t18920502-493-charge-1" targOrder="Y" targets="def1-493-18920502 t18920502-493-offence-1 t18920502-493-verdict-2"/>
<join result="criminalCharge" id="t18920502-493-charge-2" targOrder="Y" targets="def2-493-18920502 t18920502-493-offence-1 t18920502-493-verdict-1"/>
<persName id="def1-493-18920502" type="defendantName">
<interp inst="def1-493-18920502" type="gender" value="male"/>
<interp inst="def1-493-18920502" type="age" value="32"/>
<interp inst="def1-493-18920502" type="surname" value="NICOLL"/>
<interp inst="def1-493-18920502" type="given" value="DAVID JOHN"/>
<hi rend="largeCaps">DAVID JOHN NICOLL</hi> (32)</persName> and
<persName id="def2-493-18920502" type="defendantName">
<interp inst="def2-493-18920502" type="gender" value="male"/>
<interp inst="def2-493-18920502" type="surname" value="MOWBRAY"/>
<interp inst="def2-493-18920502" type="given" value="CHARLES WILFRED"/>
<hi rend="largeCaps">CHARLES WILFRED MOWBRAY</hi> (35)</persName>
<rs id="t18920502-493-offence-1" type="offenceDescription">
<interp inst="t18920502-493-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18920502-493-offence-1" type="offenceSubcategory" value="seditiousLibel"/> were indicted for unlawfully, in a newspaper called the
<hi rend="italic">Commonweal</hi>, inciting, soliciting, and encouraging certain persons unknown to murder the Right Hon.
<persName id="t18920502-name-189" type="victimName">
<interp inst="t18920502-name-189" type="gender" value="male"/>
<interp inst="t18920502-name-189" type="surname" value="MATTHEWS"/>
<interp inst="t18920502-name-189" type="given" value="HENRY"/>
<interp inst="t18920502-name-189" type="occupation" value="SECRETARY OF STATE FOR HOME DEPARTMENT"/>
<join result="offenceVictim" targOrder="Y" targets="t18920502-493-offence-1 t18920502-name-189"/>Henry Matthews</persName>, Secretary of State for the Home Department; Sir
<persName id="t18920502-name-190" type="victimName">
<interp inst="t18920502-name-190" type="gender" value="male"/>
<interp inst="t18920502-name-190" type="surname" value="HAWKINS"/>
<interp inst="t18920502-name-190" type="given" value="HENRY"/>
<interp inst="t18920502-name-190" type="occupation" value="JUDGE OF THE HIGH COURT"/>
<join result="offenceVictim" targOrder="Y" targets="t18920502-493-offence-1 t18920502-name-190"/>Henry Hawkins</persName>, one of the Justices of the High Court of Justice; and
<persName id="t18920502-name-191" type="victimName">
<interp inst="t18920502-name-191" type="gender" value="male"/>
<interp inst="t18920502-name-191" type="surname" value="MELVILLE"/>
<interp inst="t18920502-name-191" type="given" value="WILLIAM"/>
<interp inst="t18920502-name-191" type="occupation" value="INSPECTOR OF POLICE"/>
<join result="offenceVictim" targOrder="Y" targets="t18920502-493-offence-1 t18920502-name-191"/>William Melville</persName>, inspector of police.</rs> </p>
<xptr type="pageFacsimile" doc="189205020049"/>
<hi rend="italic">The</hi>
<hi rend="smallCaps">ATTORNEY-GENERAL</hi> (
<hi rend="smallCaps">SIR RICHARD WEBSTER</hi>),
<hi rend="italic">with</hi>
<hi rend="smallCaps">MESSRS. SUTTON</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">HORACE AVORY</hi>,
<hi rend="italic">Prosecuted;</hi>
<hi rend="smallCaps">MESSRS. GRAIN</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">BURNIE</hi>
<hi rend="italic">Defended Mowbray; Nicoll Defended himself.</hi> </p>
<hi rend="smallCaps">
<persName id="t18920502-name-192" type="witnessName">
<interp inst="t18920502-name-192" type="gender" value="male"/>
<interp inst="t18920502-name-192" type="surname" value="JOHNSON"/>
<interp inst="t18920502-name-192" type="given" value="ROBERT"/>ROBERT JOHNSON</persName> </hi>. I am an officer of the Criminal Investigation Department—on the 12th April last I purchased at No. 145, City Road this copy of the
<hi rend="italic">Commonweal</hi> newspaper, dated the 9th of April—on the back of it it appears to be printed and published by C. W. Mowbray at 145, City Road—at the same time I purchased the issues of that paper from 5th March up to the 9th of April, bearing the same imprint—145 had the appearance of a disused shed—I saw printing apparatus there—I have seen persons there at work setting up type.</p>
<hi rend="italic">Cross-examined. by</hi>
<hi rend="smallCaps">MR. GRAIN</hi>. I have not an issue of the 16th April here. (
<hi rend="italic">A certificate of the registration of Frank Kets and Joseph Nicoll as proprietors was put in, dated 29th July</hi>, 1890.)</p>
<hi rend="smallCaps">
<persName id="t18920502-name-193" type="witnessName">
<interp inst="t18920502-name-193" type="gender" value="male"/>
<interp inst="t18920502-name-193" type="surname" value="GRAY"/>
<interp inst="t18920502-name-193" type="given" value="EDWIN"/>EDWIN GRAY</persName> </hi>. I am a police officer—on 16th April I purchased this issue of the
<hi rend="italic">Commonweal</hi> of that date at 145, City Road—the imprint on the back is, "Printed and published by D. J. Nicoll, 145, City Road."</p>
<hi rend="italic">The</hi>
<hi rend="smallCaps">ATTORNEY-GENERAL</hi>
<hi rend="italic">read several extracts from the</hi> "
<hi rend="italic">Commonweal" of various dates. The following, of 9th April, is the one upon which the indictment is framed:</hi></p>
<hi rend="largeCaps">THE WALSALL ANARCHISTS</hi> "
<hi rend="smallCaps">CONDEMNED TO PENAL SERVITUDE</hi>."The Walsall Anarchists have been condemned—Charles, Battola, and Cailes to ten years' penal servitude, while Deakin has been let off in mercy with five. For what? For a police plot concocted by one of those infamous wretches who make a living by getting up these affairs and selling their victims to the vengeance of the law. Surely we ought not to have to warn Anarchists of the danger of conspiracies; these death traps; these gins set by the police and their spies, in which so many honest and devoted men have perished. Surely those who desire to act can do as John Felton did, when, alone and unaided, he bought the knife which struck down the tyrant. Are there no tyrants now? What of the Jesuitical monster at the Home Office, who murders men for taking a few head of game? What of the hyena who preys upon bodies of hanged men, and whose love of the gallows a few years ago won him the title of 'Hangman' Hawkins?—this barbarous brute, who, prating of his humanity, sends our comrades to ten years in the hell of the prisons. What of the spy Melville, who sets his agent on to concoct the plots which he discovers? Are these men fit to live? The Anarchists are criminals, vermin, gallows carrion; well, shower hard names upon us; hunt us down like mad dogs; strangle us like you have done our comrades at Xeres; shoot us down as you did at Fourmies; and then be surprised if your houses are shattered with dynamite, and if people shrink from the companionship of officials of the law as 'dangerous company.' Justice has been done. Has it, gentlemen of the middle classes? 'Justice!' Was it justice that was done in your Courts of Tuesday, when a cruel wretch belonging to your class bearing the</p>
<xptr type="pageFacsimile" doc="189205020050"/>
<p>likeness of a woman was let off with one year's imprisonment for torturing her own child to death, while men who loved the suffering people so much that they dared all things for them are condemned to ten years' penal servitude? Justice it may be; perhaps, too, it will be just when the oppressed strike back at you without ruth and mercy; only don't whine for pity in these days, for it will be useless.—D. J.
<hi rend="smallCaps">NICOLL</hi>."</p>
<hi rend="smallCaps">
<persName id="t18920502-name-194" type="witnessName">
<interp inst="t18920502-name-194" type="gender" value="male"/>
<interp inst="t18920502-name-194" type="surname" value="SWEENEY"/>
<interp inst="t18920502-name-194" type="given" value="JOHN"/>JOHN SWEENEY</persName> </hi>, I am an officer of the Criminal Investigation Department—I know the defendant Nicoll; I have seen and heard him speak at Anarchist meetings, at South Place Institute, Finsbury Pavement, at Tottenham Court Road, and at Hyde Park—I did not hear him speak at Tottenham Court Road; I saw him there—I saw him at a meeting in Hyde Park on Sunday, 10th of April last, and heard him make a speech there—I made a note of it shortly afterwards, within half an hour—I do not write shorthand—he said, "This is the first of a series of meetings to arouse public sympathy against the cruel and unjust sentence on our comrades at Stafford. I do not want to warn Anarchists against conspiracies and death traps set up by the police and their spies, in which so many men have perished. That Jesuit Home Secretary Matthews, Inspector Melville, and Coulon are the principal actors, and two of them must die. What can be our comrades' feeling when they come face to face in the street with Justice Hawkins, or, rather, '
<hi rend="italic">Butcher</hi>' Hawkins, by which name he is better known?"—he also said, "We must stand by our comrades, every one must give his individual aid, and strike back"—that came after the words "two of them must die," and after the words" what can be our comrades' feelings?"—I am positive those are the words used by Nicoll in the park on Sunday—I had not read any article in the
<hi rend="italic">Commonweal</hi> before I went to the park that Sunday, or been told the contents of any article—I was present at the Stafford Assizes—four men, named Charles, Battola, Cailes, and Deakin, were there charged and convicted, before Mr. Justice Hawkins, of unlawfully having certain explosive substances, viz., bombs, in their possession; the first three were sentenced to ten years' penal servitude and the last to five years' penal servitude—Inspector Melville is an officer of the Criminal Investigation Department—he had been engaged in the investigation of the Walsall affair, and was called as a witness at the trial.</p>
<hi rend="italic">Cross-examined by Nicoll.</hi> I took the note of the speech within about half an hour—it would have been conspicuous to have taken it on hearing it, in the capacity in which I was engaged—I have not a very good memory, tolerably good—I don't think it possible that I might have forgotten the words, or put some other words in their place; I swear those were the words you used.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-195" type="witnessName">
<interp inst="t18920502-name-195" type="gender" value="male"/>
<interp inst="t18920502-name-195" type="surname" value="POWELL"/>
<interp inst="t18920502-name-195" type="given" value="FRANCIS"/>FRANCIS POWELL</persName> </hi>. I am a police officer—I was at the meeting in Hyde Park on 10th April; it commenced between five and six in the evening; I was standing apart from Sweeney—I knew Nicoll by. sight at that time—I heard him make a speech at that meeting, and soon after I made a note of some of the things I heard him say, as much as I could remember; perhaps an hour after, as soon as I could get to a place where I could conveniently make it out and write it—I have my notes here (
<hi rend="italic">referring to them</hi>)—Nicoll said, "This is the first of a series of meetings which will be held for the purpose of arousing public sympathy against the unjust sentences passed on our comrades at Stafford"; that he did not think it</p>
<xptr type="pageFacsimile" doc="189205020051"/>
<p>necessary to warn their comrades of the danger of conspiracies, because they are traps set up by the police in which so many have perished; they must depend upon themselves; that they could see the Jesuitical Home Secretary Matthews, Inspector Melville, and Coulon were the principal conspirators in this plot—"Two must die for our comrades; everyone must give individual aid, and strike back; what must be our feelings when we come face to face in the street with Justice Hawkins, or 'Butcher' Hawkins, as he is called, on account of the number he has passed sentence of death on?"—I also heard Mr. Justice Hawkins referred to as "Hangman" Hawkins in that speech—after he had finished his speech I saw that he had several copies of the
<hi rend="italic">Commonweal</hi> under his arm, and was crying them for sale—I only heard him call them the
<hi rend="italic">Commonweal</hi>—I did not buy one at that meeting; I bought one at another meeting in Hyde Park later on, on another day, a later issue altogether—I saw several persons selling them on 10th April, and I saw several sold—I saw a gentleman purchase one just behind me, and I saw the date on it; it was the 9th—I know the premises, 145, City Road—they had been under my observation for some months—I saw Nicoll go in there twice in the early part of the time—I knew the premises—that would be about the 8th of May perhaps—six months before the Hyde Park meeting I saw him go in on two occasions—I can't remember the dates—the last time was on Thursday evening, 14th April—I saw him leaning over and speaking to a person who appeared to be setting up type—it was in the night-time, I well remember—you can't see them in the day unless the gas, or oil, or whatever they use is alight; it was when there was a light there.</p>
<hi rend="italic">Cross-examined by Nicoll.</hi> I took a note of the speech about an hour afterwards—I could not do it before; there was no place where I could conveniently take a note—I am accurate—I wanted to hear as much as I could of die other speeches as well as yours—I did not go there for anything particular, merely to see. what occurred—I did not compare the note with Sweeney—I am sure they are the words you used, "two of them must die"; I am positively certain.</p>
<hi rend="smallCaps">
<persName id="t18920502-name-196" type="witnessName">
<interp inst="t18920502-name-196" type="gender" value="male"/>
<interp inst="t18920502-name-196" type="surname" value="POWNEY"/>
<interp inst="t18920502-name-196" type="given" value="RICHARD"/>RICHARD POWNEY</persName> </hi>. I keep a newspaper stall at the foot of Westminster Bridge, on the Surrey side—I have been there for a number of years—I have been in the habit for about two years past of selling copies of the
<hi re